REGULAR COUNCIL

August 2, 2007

Mayor Poole called the meeting to order at 7:30 p.m. with the following members present: B. Blue, E. Davis, C. Hofstetter, J. Jemison, S. Klein, and B. Wallace.

Also present: B. Petronio, Admin. Assist., D. Weir - Admin., Tom Lee - Solicitor, B. Provost – Village Engineer, S. Roessner – Zoning Inspector, Missy Hatch – Recreation Director, Lt. Mike Fabian – Police Dept., Cpl. Ed Samec – Police Dept., Carl Hornung, John Borkholder, Nancy White, Chuck White, Rick Seyer, Lisza Wright, Roy & Pat Nichols, Eli Miller, Mr. & Mrs. Don Whitlock, Ann Wishart – Maple Leaf

Agenda: Add to New Business: Jack Gibson Construction pay request #17

Delete from New Business: #3 – Vehicle for administration & official village use

Add to New Business: Res. 07-30 under first readings, Phil Miller pay request,

Northeast Ohio Mayors funding request, appointment of Planning Commission member by Mayor, ADA ramps on State Ave.



Minutes of July 5, 2007 meeting were presented for approval. Hofstetter moved to approve the minutes as presented. Davis seconded. Roll Call: All Yeas (6).

Payment of Bills Totaling $333,602.78 was presented for payment. Blue moved to authorize the payment of bills totaling $333,602.78. Davis seconded. Roll Call: Yeas (6).

Director of Streets and Utilities Report – July: Ehrhart was on vacation and not present for the meeting.   Hofstetter asked Engineer about the dip on Tare Creek Parkway and he said yes there is something there which will be looked at further.

Police Report – July: Included in the council packet. Chief Stehlik was absent due to a seminar. Mayor asked Cpl. Samec about the program that was featured in the Middlefield Post “Behind the Badge”. There was a class held at the library about how crime scenes, etc.   The kids were given the opportunity to see how fingerprints are lifted from a crime scene and getting evidence from the scene.   Was a very well attended program.

Zoning Inspector’s Report – July: Roessner stated that there are two new housing starts.   Decks and sheds are coming in for review. Not much else going on.

Recreation Director’s Report – July: included in the council packet. Currently working on new fall/winter recreation guide to be in the mail by the end of next week.   Softball and baseball programs are finished. Men’s baseball is finishing up now.   Football and jr. cheerleading/mini rahs practices are starting this week. Soccer program is not showing a very large turn out this year.   Community Days weekend went very well.   Special thanks to Tom Malunas and Martin Baker for all their help with setting up areas of the park for the weekend.   Also thanked Bethann Petronio and Carrie Ehrhart for their help along with all the volunteers. Receiving a donation from Wal-Mart. Would like to use some of these funds for renovations of the dugouts.   Western Reserve sponsored the 5K race at Community Days.   Blue made a motion to accept these donations.   Hofstetter seconded.   ROLL CALL: All yeas (6)

Bank Report –June: included in the council packet.

Financial Report – June: included in the council packet.

Investment Report – June: included in the council packet.

Detail Trial Balance – June: included in the council packet.

CCA Report – June: included in the council packet.

PUBLIC PARTICIPATION

Lisza Wright, was in attendance to ask how things are going with the horse manure removal.   Concerned that the rails are not being kept as clean as when she did them.   Wright stated that there is open dumping going on at Harrington Square and that there are workers at McDonald’s out picking up the manure in the parking lot with no gloves on and then returning to the restaurant to work. Wright stated that she looks at the rails every day and they are not being kept clean as they should be.   She has taken pictures of the rails. Weir stated that he checks the rails also and they are being cleaned up. He also has taken pictures of the rails. EPA does not have any regulations regarding horse manure in public areas.   Wright stated that every rail is not being cleaned on a regular basis.   At one time there was no ordinance regarding the pick up of manure.   The current ordinance has been in effect for a while and there has been only one complaint and that is from Ms. Wright.   Weir stated that if the rails are not kept clean at a certain location, a letter is sent to the business giving them three days to get the rail cleaned up.   Rails are being cleaned up when Dan sees them.   Wright is very concerned about the amish and how they are being treated as far as providing for their horses when they come to town.   She stated that there needs to be watering areas for the horses.   The amish don’t want to have to park far from the businesses. The rail areas are in need of repair because the horses are pawing at the ground and tearing off their horseshoes. Mayor stated that the Village is trying to work with the amish community. We provide buggy lanes on new roads that are constructed in the village and provide hitching rails around town.   It is the responsibility of the business owner to keep the rails cleaned. It is private property and the village does not maintain private property.   Wright stated that she calls the police department to complain about the problem and nothing is ever done about it. The Village will continue to monitor the rails.

Roy Nichols, was present to discuss the skate park which is located directly across the street from his house on Sperry Lane.   Mr. Nichols talked about why he and his wife moved to Middlefield and that they enjoy seeing the amish in the community. He is angry about this park and it’s location.   This skate park is a hazard for the buggies. He had an amish buggy spooked by the noise from the park and it ran over his mailbox. Mr. Nichols received a letter from the administrator that stated that this is a police dept. matter but nothing ever seems to be done with it.   This was to be a temporary location for the skate park but looks like it has become permanent.   Hatch stated there are still plans to move the skate park to another location when some other projects are completed. Nichols stated that he would like to see the park moved to another location for the benefit of the amish buggies and the sound in the neighborhood. Eli Miller, stated that the clientele is not always the best influence for the young children in the neighborhood.   There are often profanities and inappropriate actions coming from the patrons of the park. Garbage is being left everywhere. Maybe consider closing down the park for a period of time or permanently if that will stop the language and the fights, etc. that occur at the park.   Don Whitlock, has heard profanity and loud music coming from the park. There are times when cars away from the area without even looking around for traffic, etc.   Pat Nichols, stated that there is a lot profanity. The kids do have a good time there but it is very loud. There are times when it is a dangerous area. Mayor stated that it has filled a need for some of the young kids.   There has to be something that can be done.   There is a sign at the basketball court about profanity.   There is a sign of rules there at the park that have not always been obeyed but nothing is ever done about it.   There are holes in the fence that need to be repaired.   That is already scheduled for repair.   The fence has become damaged due to being hit by the equipment, skateboards and bikes.   Nichols insisted that the fence has been cut. Lt. Fabian stated that there is a core group of kids that use the park on a regular basis.   Hofstetter stated that the former council felt that this should not have been placed in a residential area.   It should be moved up by the school where the new ball fields are constructed.   Don’t know when it will be moved or the location.   Kids at the park have tried to scare the horses on purpose.   Consider installing some plexiglass along the fence on the street side to help defer some of the noise.   Hatch felt that would not really help with the sound issue.   The rest of the park (volleyball, pavilion) is not a problem.   Lee stated that this is a totally different type of issue than the rest of the park.   Needs to be policed more by the kids themselves.   Maybe it needs to be shut down for a period of time and if the problems continue after it was reopened, then it would be closed permanently. Hofstetter stated that it is a great recreation for the kids but it should be closed down and moved now instead of waiting.   Poole stated it should stay at the same location for the time being and be moved next season. A sign has been put regarding the littering in the area. The sign should include profanity.   Chuck White, former councilman, was in favor of the skate park but not the location that was chosen.   There is a danger with the street so narrow, the sidewalk close to the street and the damaged fence area.   Should be some sort of identification (i.d. badges) given to the kids who use the park on a regular basis and if they are caught violating any of the rules, they would lose their i.d. badge.   This matter will be reviewed further by Council, Police and Administration.

Chuck White, stated that he would also like to discuss the wage compensation ordinances for Council and Mayor that are on the agenda this evening.   If the salaries are raised, then anyone will want to campaign for Council, etc. to get the salary and not necessary be concerned about the community issues themselves.   These ordinances should not be passed by emergency this evening. There needs to be further discussion regarding these ordinances.

Rick Seyer, former council member, was questioning about the bond being released for the work done by Orwell Gas. The tree lawns have not been replaced properly.   They have done a terrible job with the restoration of the tree lawns.   Most of them are just weeds and no grass.   How is the village going to get these tree lawns fixed? Does not want to see that the bond has been released back to the contractor before the tree lawns are properly repaired.   Also concerned about the wage ordinances for Council and Mayor that are on the agenda this evening.   The ordinances show that the wage will be almost doubled per month.   The first draft ordinance showed the wage being increased by the year and not the month.   Now, new ordinances were passed out and they show the increase per month, not by the year.   Seyer felt that the Council was trying to deceive the public by passing emergency ordinances for salary increases.   Klein stated that these salary increases were his idea and that he did not know they were not to have been discussed in executive session but rather in the public meeting.   Seyer felt that these raises should not be passed by emergency measure.   Public discussion needs to be held on these ordinances.   Klein stated that he felt $1,000 per month per council member was reasonable for all of the time that is spent away from families by attending meetings, being named in any lawsuits, and various other activities.   Seyer still felt that this was not a good move for the council.

FIRST READING

Ordinance 07-131: Authorizing Various Activities related to the Christ Covenant Rib Burn-off, Waiving the Prohibition of the Codified Ordinances Regarding Same, and Declaring an Emergency.

Blue introduced Ord. 07-131, read by title only, moved to waive the required readings and declare an emergency. Hofstetter seconded. Roll Call: All Yeas (6).

Klein moved to pass Ord. 07-131 seconded by Jemison. Roll Call: All Yeas (6).

Ordinance 07-132: Establishing the Annual Compensation for Members of the Village Council, Commencing January 1, 2008, and Declaring an Emergency.

Klein introduced Ord. 07-132 read by title only, moved to waive the required readings and declare an emergency. Wallace seconded. Roll Call: Yeas (2), Nays (4) Motion failed

Ordinance 07-133: Establishing the Annual Compensation for Mayor of the Village, Effective January 1, 2008, and Declaring an Emergency.

Klein introduced Ord. 07-133, read by title only, moved to waive the required readings and declare an emergency. Wallace seconded. Roll Call: Yeas (2), Nays (4) Blue, Davis, Hofstetter, Jemison - Motion failed

Resolution 07-30: Authorizing the Village Administrator to Purchase a 2008 Dodge Durango SXT 4X4 Truck from Taylor Motors, Inc. Through the ODOT Bid Program, for a Total Price of $20,259.50, and Declaring an Emergency.

            Klein introduced Res. 07-30, read by title only, moved to waive the required readings and declare an emergency.   Davis seconded.   Discussion was held. This vehicle would replace the existing jeep that is to be used for the Police Dept.’s canine unit.   Would give the administrator a vehicle under the state bid cost.   Blue questioned why the administrator/administration needed such a large vehicle.   Davis stated that there are times when a few of the officials have to go to meetings together and there is not a vehicle that will accommodate very many comfortably. Blue felt that the jeep should come back to the administration and new vehicle be purchased and adapted for the canine unit.   The Police Dept. is planning on purchasing a vehicle from the Sheriff’s Dept. which is already canine equipped.   Blue felt that the Police Dept. would use the new vehicle more than the administrator would. Blue suggested purchasing a sedan for the administration.   Roll Call: Yeas (5), Nays (1) Blue

            Davis moved to pass Res. 07-30 seconded by Hofstetter. Roll Call: Yeas (5), Nays (1) Blue



SECOND READING

Ordinance 07-129: Amending Existing Section 147.06(b) and 147.06(c) of the Codified Ordinances to Reflect an Increase in the Mileage Reimbursement Available from the Village.

Davis introduced Ord. 07-129, read by title only, and moved to place it on second reading. Wallace seconded. Roll Call: All Yeas (6).

Ordinance 07-130: Accepting for Dedication a Dedication Plat for Municipal Parking.

            Wallace introduced Ord. 07-130, read by title only, and moved to place it on second reading.   Davis seconded.   Roll Call: Yeas (4), Nays (1), Abstain (1)

THIRD READING

Ordinance 07-121: Approving the Editing and Inclusion of Certain Ordinances as Parts of the Various Component Codes of the Codified Ordinances of the Village of Middlefield, Ohio.

            Blue introduced Ord. 07-121, read by title only, and moved to place it on third reading. Hofstetter seconded.   Roll Call: All Yeas (6)

            Davis moved to pass Ord. 07-121, seconded by Wallace. Roll Call: All Yeas (6)

ENGINEER’S REPORT

1.       Change Order #1 – Easton Leasing – Provost stated that there is a need for a change in the completion date and additional funds for the Eagle Park infrastructure project in the amount of $768.00. Blue moved to authorize change order #1 to Easton Leasing for the Eagle Park Infrastructure project, in the amount of $768.00 and change in the completion date, seconded by Hofstetter. Roll Call: All Yeas (6).

2.       Easton Leasing Pay Request #3 – This request is for construction completed thus far in the amount of $124,441.92. This is no the final release of payment. Davis moved to authorize pay request #3 to Easton Leasing for the Eagle Park Infrastructure project, in the amount of $124,441.92, seconded by Jemison. Roll Call: All Yeas (6).

3.       Ohio Paving Contractors – Construction plans of the paths in the park are on track

       at this time.

4.       Pay Request #1 to Phil Miller - Provost stated that Phil Miller has submitted a pay

request in the amount of $32,400.00 for work done at the sports park on Almeda Drive. Klein move to authorize pay request #1 to Phil Miller in the amount of $32,400.00 for the sports park, seconded by Wallace. Roll Call: All Yeas (6).

5.    Partial Release for Sidewalk Program – Joe Svete has requested partial release of the bond for the sidewalk program in Woodsong Development.   Payment would be for $10,800.00. There is still $59,400 to be used for the remaining 2000 ft. of sidewalks.   This was a cash bond.   Klein moved to authorize payment of $10,800 to Joe Svete for Woodsong Development sidewalk program, seconded by Davis. Roll Call: All Yeas (6).

6.    Orwell Gas – Gas company has requested release of their bond for the project that came through town.   The engineer is not satisfied with the restoration of the tree lawns. Still have some issues with the grades that were left on the tree lawns and the lack of grass growing.   Lee stated that the village is entitled to use the bond to repair the tree lawns.   Maybe need to use sod to redo the lawns.

OLD BUSINESS – none before council.

NEW BUSINESS

1.       Change Order #2 – WWTP – Had to clean out the remaining lagoons at the plant. Only one had been cleaned out at the beginning of the project.   The estimate for cleaning the lagoons out was included in the contract but the larger lagoon needed to be cleaned out as well and there was more sludge than expected.   Total cost on the cleaning is $175,000. Jemison moved to authorize change order #2 for the WWTP in the amount of $175,000, seconded by Klein. Roll Call: All Yeas (6).

2.       2007-2008 Shade Tree Commission Work Plan – The commission has started to meet once again. Had not had a meeting in quite a while.   The commission is required to submit a work plan to Council on what they will be doing for the upcoming season.   Klein thanked Dan for rejuvenating this commission.

3.       Pay request #17 for Jack Gibson – This is a pay request in the amount of $324,679.88 to Jack Gibson for work done at the WWTP. Blue moved to authorize the pay request #17 to Jack Gibson in the amount of $324,679.88, seconded by Davis. Roll Call: All Yeas (6).

4.       Northeast Ohio Mayors’ request – This association is working on compiling a report regarding the economical development region here. Would like to see what interest there would be in this type of program.   They have received a grant in the amount of $90,000 but still need $45,000 to go forward with the program.   They are asking different communities to donate $2,500 each. The Northeast Ohio Mayors’ Association has done a lot for the communities including NOPEC.

5.       Planning Commission Appointment – Mayor received a few application for the position that was vacated by Doreen Watson.   Upon review, Mayor asked Carl Hornung if he would be willing the accept the appointment to the Planning Commission. Mr. Hornung was in attendance and accepted the position.   He will attend the next Planning Commission meeting on Thursday, August 23, 2007.

6.       ADA Ramp Accessibility – There are 31 curb ramps that need to be made ADA accessible.   The cost of that project from ODOT was $45,000 a few months ago. After speaking with Arcadis about possible duplicate billing from ODOT on these ramps, the cost from ODOT almost doubled to $79,000. Not sure exactly what they are doing with each one of these ramps that the cost would double.   Received a cost from Phil Miller for each ramp of $758 or $930 for ramp and curb. Dan recommended to Council that Phil Miller do these ramps.   Would need to contact ODOT about not replacing the ramps when they come down through town. Poole questioned the materials that are used for the ramps.   Provost recommended staying with the cast iron. Council agreed that Dan should contact Phil Miller about doing these ramps.

Committee Reports – included in the council packet.

CALENDAR – no changes.

Rick Seyer, asked if raises for the Mayor and Council are still an issue or are they complete for this year. Cost of living raises as usual will occur in January 2008.

At 9:35 p.m. Klein moved to adjourn into executive session for purposes of pending litigation.    Wallace seconded. Roll Call: All Yeas (6).

The meeting reconvened at 10:40 p.m. and being no further business at this time, Hofstetter moved to adjourn at 10:45 p.m.