September 6, 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: C. Osborne – Fiscal Officer, D. Weir - Admin., Tom Lee - Solicitor, B. Provost – Village Engineer, S. Roessner – Zoning Inspector, C. Ehrhart – Director of Streets & Utilities, Police Chief Stehlik, Carl Hornung, Fire Chief Reed, Ken Young, Jonathan Miller, Doug King, Richard Nordeen, Lt. Michael Fabian, Ptl. Nick DiVita, K-9 Rocky, Jennifer McKevitt – News Herald and Ann Wishart – Maple Leaf.
Agenda: no additions or deletions
Minutes of August 2, 2007 meeting were presented for approval. Hofstetter moved to approve the minutes as presented. Klein seconded. Roll Call: All Yeas (6).
Payment of Bills Totaling $487,611.72 was presented for payment. Blue moved to authorize the payment of bills totaling $487,611.72. Davis seconded. Roll Call: Yeas (6).
Director of Streets and Utilities Report – August: Ehrhart reported the service crew has performed storm sewer maintenance and ditch cleaning, water main break on S. State Ave., park and ball field maintenance, hydrant maintenance, watering of flowers, monthly brush chipping, routine equipment maintenance at the WTP and the WWTP, and routine vehicle maintenance.
Police Report – August: Included in the council packet. Chief Stehlik added the department is working on team training.
Mayor Poole administered the Oath of Office to Lt. Michael Fabian and presented K-9 Officer, Rocky, with his badge.
Zoning Inspector’s Report – August: included in the council packet.
Ambulance Report – July: included in the council packet.
Bank Report – July: included in the council packet.
Financial Report – July: included in the council packet.
Investment Report – July: included in the council packet.
Detail Trial Balance – July: included in the council packet.
CCA Report – July: included in the council packet.
PUBLIC PARTICIPATION
Doug King, attorney and member of the Lake Ave. Land Partners, the goal of the group is to have the property annexed. A new plan hasn’t been designed and is confident it will be in the best interest of the Village. King stated he’s interested in the individual and collective opinions from members of council and will be in contact regarding the different constituents and possibilities for that property.
Dick Nordeen, 16191 E High St., stated for the past 25 years, he has been shutting off his water when he leaves to spend the winters in Texas. Nordeen stated within the past 2 years he was informed he could no longer do this and he doesn’t feel he should have to pay for water when he’s not living in Middlefield 6 months out of the year. Nordeen stated he believes other residents’ water is being turned off. Nordeen stated he contacted neighboring communities and was told they shut off water for “snow birds”. Ehrhart stated at one time the Village had a Water Board and would allow this courtesy for those residents who left Middlefield during the winter season. Nordeen purchased a key for his connection and has been turning his water on and off on his own. When Weir began as Village Administrator, he stated the Village ordinances don’t allow the Village to turn off water. Ehrhart stated the water bill states each resident will pay for a minimum of 6,000 gallons per quarter, even if no water is used. Weir stated all customers pay the minimum charge per quarter and, with the improvements to the water treatment plant and the wastewater treatment plant, the Village cannot turn water on and off for a select number of residents. Ehrhart stated the main issue is the Village has no ordinance allowing this. Lee stated this issue has come up various times over the years stressing the administration department cannot grant someone a discount without authorization by council. The water and sewer plants’ improvements must be paid by the Village residents and businesses, along with the costs of treatment and delivery. Water and sewer rates have increased enormously in other communities, but not in Middlefield Village. The EPA regulations have forced the Village to be in debt for the next 20 years. Village officials have to make decisions for the greater good and try to be fair to as many people as possible.
Blue stated there’s a $25 charge to turn water on and $25 charge to turn it off, which is approximately the minimum quarterly charge. Blue stated other utilities and household bills must be paid even if someone leaves the residence for an extended period.
Hofstetter added the majority of the Village work force doesn’t live in the Village and they aid in paying for these services.
Lee stated the quarterly charge is the cost to be connected to the system. If there is a water main problem, the individual doesn’t pay for the repair, the Village does. If you use the system more than normal, then you pay for the additional usage. The gas company charges a high fee to have the gas turned off.
Discussion held regarding Nordeen’s key for the water main. Lee stated it’s illegal for anyone to turn off water and the Village should buy the shut-off key back from Nordeen. Ehrhart stated Nordeen won’t be
Nordeen noted the sidewalks by Lenny Dr. are in bad shape. Weir stated he and Ehrhart will inspect the site. Lee stated the owners of the property adjacent to the sidewalk are liable for repairs.
FIRST READING
Resolution 07-31: Accepting the Amounts and Rates as Determined by the Budget Commission and Authorizing the Necessary Tax Levies and Certifying Them to the County Auditor, Declaring an Emergency.
Davis introduced Res. 07-31, read by title only, moved to waive the required readings and declare an emergency. Blue seconded. Roll Call: All Yeas (6).
Hofstetter moved to pass Res. 07-31 seconded by Wallace. Roll Call: All Yeas (6).
Ordinance 07-134: Amending Existing Section 1116.03(c) (1) and 1115.20 of the Codified Ordinances to Clarify the Village’s Regulations for Political Signs.
Davis introduced Ord. 07-134, read by title only, and moved to place it on first reading. Hofstetter seconded. Roll Call: All Yeas (6).
A public hearing is scheduled for Oct. 18, 2007 beginning at 8:00 p.m.
SECOND READING – none before Council.
THIRD 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.
Klein introduced Ord. 07-129, read by title only, and moved to place it on third reading. Wallace seconded. Roll Call: All Yeas (6).
Klein moved to pass Ord. 07-129, seconded by Blue. Roll Call: All Yeas (6).
Ordinance 07-130: Accepting for Dedication a Dedication Plat for Municipal Parking.
Davis introduced Ord. 07-130, read by title only, and moved to place it on third reading. Klein seconded. Roll Call: All Yeas (6).
No additional action taken.
ENGINEER’S REPORT
1. Easton Leasing Pay Request #4 – Provost stated this is the final pay request, the maintenance bond has been posted and the contract is complete. This amount releases the retention bond for this project. Wallace move to authorize pay request #4 to Easton Leasing for the Eagle Park Infrastructure project, in the amount of $8,344.36, seconded by Blue. Roll Call: All Yeas (6).
2. Astro Pool Pay Request #1 – Provost stated this pay request reflects less than 10% of their total contract. Davis moved to authorize pay request #1 to Astro Pool, in the amount of $32, 752.00, for the sprayground equipment at Eagle Park, seconded by Klein. Roll Call: All Yeas (6).
3. Phillip Miller Construction Pay Request #2 N. Thompson Sports Complex – Provost stated Miller has nearly completed the grading and the pavilion. Wallace moved to authorize pay request #2 to Phillip Miller Construction for the N. Thompson Sports Complex project, in the amount of $26,700.00, seconded by Hofstetter. Roll Call: All Yeas (6).
4. Municipal Parking Lot Improvements – Provost one bid was received at the Sept. 6, 2007 bid opening. The bid is for labor only. The Village will purchase the materials. Res. 07-32: Authorizing the Village Administrator to Enter into a Contract with Phillip Miller Construction, Inc. for Construction of Improvements to the Municipal Parking Lot, in the Total Amount of $88,614.00, and Declaring an Emergency. Davis introduced Res. 07-32, read by title only, moved to waive the required readings and declare an emergency. Wallace seconded. Roll Call: Yeas – 5. Abstain – Hofstetter. Wallace moved to pass Res. 07-32, seconded by Klein. Roll Call: Yeas – 5. Abstain – Hofstetter.
5. Orwell Gas Bond Release – Weir stated he’s inspected the areas and feels all restoration is acceptable. The bond has been held pending the completion of the restoration and believes Orwell Gas has completed the project in good faith. Wallace moved to authorize the release of the Orwell Gas bond for the tree lawn and drive apron restorations disturbed during their gas line installation project, seconded by Davis. Roll Call: All Yeas (6).
OLD BUSINESS
1. Miller-Johnson Property – discussed during public participation.
2. Bonner Property Annexation – Lee stated he discussed this project with Jerry Petersen who apologized for not having the plans completed. Lee stated one of the concerns raised is a zoning issue using the existing parcels, which was discussed with the planning commission, and the planning commission stated they have no concerns with this issue. Lee noted the Village’s comprehensive plan updates hasn’t been approved by council, and the planner has suggested commercial use at that area. As part of our agreement we’ll accommodate that issue. All formalities will be approved separately by council. Lee stated the waterline will be extended to edge of property, and an existing water well is on the property which may be an acceptable use for specific purposes, stressing residential and potable water uses are not permissible. This will be clarified with Petersen. Lee stated he and Petersen discussed extensively regarding the dedication of the existing road and a portion of a parcel to the west property line. Discussion held regarding the annexation process. Lee stated the Middlefield Township Trustees have the right to object to any annexations. The plan for this annexation is for the township to continue to receive the property taxes, and the Village will receive the income taxes.
3. House Bill #9 – Lee stated this is the new public records act which, in part, states all elected officials or their designees must have public records training. The Village has been notified the State Attorney General is conducting a class and Lee stated he will review the statute and report to council if they’re required to attend this particular class, or if they or their designee could attend any class on this issue. Lee noted the Attorney General will be forwarding a policy, which the Village is required to adopt.
NEW BUSINESS
1. Revised GSWCD Sediment Control Regulations – Leestated due to problems arising within the last 10 years with this organization, the Village decided it would no longer rely on the Geauga Soil & Water Conservation District to enforce regulations. Instead Village regulations state the Village Engineer adopts regulations and enforces them. The Geauga Co. regulations are incorporated into our ordinance. This enables the Village Engineer to utilize such regulations as he deems appropriate as part of his regulation of soil and water conservation issues. The Geauga Co. regulations that are in our ordinance are the 1995 version of those regulations. The new regulations are more aggressive and, in discussing this with Provost and others, it may be cost prohibitive for some developers to comply with these new regulations. Provost and Lee discussed this suggests Provost review the regulations and present his recommendations to council as to whether or not to adopt these regulations. If not, then perhaps adopt modifications to the regulations that are currently in place.
2. Jack Gibson Construction Pay Request #18 – Davis moved to authorize pay request #18 to Jack Gibson Construction, in the amount of $132,513.36, for the WWTP Improvements, seconded by Hofstetter. Roll Call: All Yeas (6).
Committee Reports – included in the council packet.
CALENDAR
Oct 31, 2007 – Streets and Sidewalks – 8:00 a.m.
Finance and Ordinance – 9:00 a.m.
November 20, 2007- Planning and Zoning
Blue questioned if council needs to meet twice a month throughout the year. Weir stated one meeting a month will affect legislation due to the 3 reading process. Lee stated council meetings held only once per month may go late into the night. Hofstetter stated he feels council looses contact with information and prefers having 2 meetings a month. Davis stated 2 meetings per month are more efficient for the public.
At 9:14 p.m. Klein moved to adjourn into executive session for purposes of pending litigation, personnel compensation, and the creation of a new position. Davis seconded. Roll Call: All Yeas (6).
The meeting reconvened at 10:15 p.m. and, being no further business at this time, Davis moved to adjourn