Council Meeting Minutes 8-1-16

The Regular Meeting of the Apple Creek Council was called to order on August 1, 2016, by Mayor Betty Keener with the following council members answering to roll call:

Rick Conrad-present, Mike Harwood-present, Rodney Mackey-present, Robert McCarthy-absent, Charlie Lewis-present, and Steve Stoffer-present.

Councilperson Stoffer made a motion to approve the minutes of the July 18, 2016 meeting, as always the minutes are available for the public to review. The motion was seconded by Councilperson Harwood with roll call vote as follows: Councilperson Stoffer-yes, Councilperson Harwood-yes, Councilperson Conrad-yes, Council President Mackey-yes, and Councilperson Lewis-yes.   Motion carried.

VISITORS: Leonard Kaplan, Gary Daugherty, and Chance Sigler. Mr. Sigler is the candidate for the third shift patrolman position, who the Mayor and Police Chief are recommending to Council for hiring.

POLICE: Chief Jason Woodruff talked about Candidate Sigler’s background.  He lives locally, is a Triway graduate, graduated from the police academy in Akron, and is in the Marine Reserves.  His background is clean without a traffic ticket for four years.  This would be his first commission.   He is the most qualified out of the applicants.  The Mayor stated the Chief and she were in 100 percent agreement to recommend Candidate Sigler to Council, because of his qualifications, demeanor and how respectful he is.  Councilperson Stoffer pointed out that the Officers have a way with the kids (in town).  A motion to hire Chance Sigler as the full-time, third-shift patrolman was made by Councilperson Lewis, seconded by Council President Mackey.  Roll call vote was as follows:  Councilperson Lewis-yes, Council President Mackey-yes, Councilperson Stoffer-yes, Councilperson Harwood-yes, and Councilperson Conrad-yes.  Motion carried.

The Chief thanked the CIC and Johnny Appleseed Committee for the nice job, “everything went well”. “The Department had no problems.”  The monthly report was handed out and reviewed with Council.   The Department was thanked for their work at the Festival.

PARK: Commissioner Dale Orr reported that everything was cleaned-up real nice.  There were no problems.  Councilperson Harwood raised the issue of the baseball field for discussion.  The Apple Creek Youth Athletic Association runs the tournaments held during the Festival.  The field was not cleaned.  There was trash under the bleachers.  They are responsible to clean the area.  They are not charged for usage of the field or the cost of the electric to run the lights.  Councilperson Harwood believes the Association should be contacted and should have to pay for usage of the ballfield.  The Mayor believes it should be the Johnny Appleseed Committee that contacts the Association regarding these issues, and not Council.  Councilperson Harwood would like a conversation to be held regarding charging for use of the field.  The Mayor tabled the issue.  Councilperson Harwood asked who will be contacting the Association regarding the clean-up of the field.  The Mayor states that the Association Commissioners need to be contacted for a meeting.  There was an issue regarding a food trailer also that needs clarification.  Council President Mackey wants to maintain the rapport with the Association.  The three Commissioners will be contacted for attendance at the first meeting in September.

STREETS AND MAINTENANCE: Gary Daugherty of Engineering and Associates was present to discuss the Apple Ridge ditch issue raised previously by Councilperson McCarthy.   The Mayor states there are four owners whose properties are adjacent to the ditch.  She was told that they are responsible for maintenance.  She has not seen any of these owners do anything to prevent erosion.  They have done some weed-eating.  Now there are major issues.  Mr. Daugherty handed out a drawing that shows the profile of the ditch, both originally and today.  He reviewed this with Council.  The rock channel has eroded.  This undermines and allows the sides to start collapsing, thus creating further erosion. This situation was exacerbated when vegetation was killed.  The entirety of the ditch is within a 25 foot-wide drainage easement of the Village.   The cheapest alternative is to recreate the bottom of the ditch channel to a uniform slope, then put rock-channel protection on the bottom and up the sides of the bank.  A rough estimate of the cost would be around 23 or 24,000 dollars.  Enclosing the ditch was an option considered.  The approximate cost of this improvement would be $85,000.00.  Recognizing that the Village may not be in a position to correct this issue if it is their responsibility; temporarily, to keep the situation from becoming worse, a little work with rock-channel protection could be done with uniform sloping to keep the sides.  There was no estimate done on this.  This work would be done just to prevent further caving of the side slopes.  The original slope was to be done at a 3 to 1.  This did not happen. The present slope is a 1.5 to 1.  This (3 to 1) cannot happen now because the slope would be back into the houses that exist there now.  The different phases of the development were discussed.  Solicitor Musselman explained, “It (the ditch) should not have been accepted as it was engineered, having an open drainage ditch like that.”  Council President Mackey stated that it was designed prior to Shannon and Eyman being developed.  “A lot would have been absorbed in the fields before it went into that culvert.  Now all the run-off is shooting down that culvert.  I’m sure it wasn’t designed for the water coming down at that speed.  It is going to push stuff.”  “It is obvious that people have added things. Presently, there are chucks of broken concrete, railroad ties, etc. in the ditch”, Mr. Daugherty stated.  Solicitor Musselman believes that the sundry of items in the ditch would have been the effort of property owners to prevent erosion. He doesn’t know if anything could have been done.  This is 20 years of abuse.  He went on to state there are liability issues for the Village. “There are electric lines above the ground; the slope is getting steeper and steeper.   Erosion is at a property owner’s fence.”  His recommendation would be to do the temporary fix now with the goal of obtaining grant funds to enclose the ditch as it should have been done originally. “Otherwise you will be redoing this every decade. “ A discussion regarding the Village doing some of the work ensued.  It is the Mayor’s preference to hire the work to be done.  The details of the estimates were discussed, materials to be used and funds to be charged.  The Mayor stated, “It is the Village’s obligation at a minimum to get some gravel down, cover the conduit, and to get some support to stop the erosion because we would hate to see someone fall into that ditch.  I thought some of the responsibility was the home-owners but we will have to get some quotes.”

WATER & SEWER: There is an issue with serving Waynedale, not being in accordance with the 208 Plan.  The County was under the impression that it was covered under the regional plan.  Gary Daugherty explained there is a dispute between Wayne County and NEFCO.  NEFCO is requiring the 208 Plan to be modified because Waynedale is outside the Village; a certain amount of money must be paid for revision and equivalent dues.  This would be Apple Creek’s responsibility to pay since Wayne County is no longer a member of NEFCO and no longer pays dues since 2009.  Mr. Daugherty met with Commissioner Ann Obrecht and the Planning Commission regarding this matter.  The County does not believe that a change to the plan is necessary because the potential to serve that area already exists.  The agreements with JEDD and the County should resolve the issue, but NEFCO is “sticking to their guns”.  Wayne County is part of the regional planning commission and the County believes the EPA’s requirements are meet by this plan.   The County Commissioners and the Planning Commission are working on this.  The Village may need to become a dues paying member (of NEFCO) to resolve the matter.  Revision of the plan would cost approximately $3,000.00.  However, it would be premature for the Water & Sewer Committee to meet prior to the County working on the issue.  The Planning Commission will be calling the EPA tomorrow (8/2/16) or Wednesday. There should be further information later in the week.

Tower cleaning was completed a day early without issues. Commissioner Orr reports that there was about three feet of sediment in the bottom of the clear-well that was removed.  Flushing of  (hydrant) hotspots will be done, with the rest of the hydrants to be flushed by the end of October or November since there are no problems.

JEDD#1: Nothing.

JEDD#2: Council President Mackey corrected himself about the resource officer at Waynedale.  It is important.


UNFINISHED BUSINESS: Council will met at 6 pm on August 15th at the Village Hall for a brief meeting. Following the meeting, Council will tour the Historical Society Building.

Cruise-In will be held on Saturday, August 13, 2016, from 11am-4pm.

Mowing of empty lots: Councilperson Lewis would like notice-to-mow letters sent to owners of 377-379 W. Main Street. A clean-up letter needs to be sent to the owner of the property beside the bank (Amstutz) and the owner of the property at the corner of Cemetery & Carson.   The Village Administrator, Lauretta Busson will take care of this.




COUNCIL BILLS 08-01-2016
A17A240   Police      
A11A243 Mast Lepley Parts Air Conditioner               10.38
A11A241 Quill Office Supplies          285.40
A11A212 Wayne Co. Hospitalization          2124.43
                           TOTAL            $2420.21
A17A240 Administrator


Quill Office Supplies             140.07
                             TOTAL         $   140.07
B16B240     Streets O&M      
B12B250 John Deere Financial Paint                68.95
B16B250 Mast Lepley Paint              10.38
B16B243 National Lime & Stone Crushed Stone              65.31
B16B241 Quill Pens                14.99
B16B212 Wayne County Hospitalization          1470.21
                                 TOTAL          $1,629.84                           
B43A250 PARKS  
B43A245 Mt Services Portable Pot                 74.73
                                  TOTAL             $  74.73                       
E15A240 WATER  
E15A241 John Deere Financial Hose Clamps                   6.56
E15A250 Liquid Engineering Cleaning of Towers              4360.00
E15A242 Usa Bluebook New Skimmer              78.28
                                   TOTAL                 $4444.84           
E25A240 SEWER  
E25A243 John Deere Financial Sump Pump              54.93
                                   TOTAL             $54.93             


A MOTION TO PAY THE BILLS: was made by Council President Mackey and seconded by Councilperson Lewis. Roll call vote was as follows: Council President Mackey-yes, Councilperson Lewis-yes, Councilperson Conrad-yes, Councilperson Harwood-yes, and Councilperson Stoffer-yes.   Motion carried.

A motion to go into executive session for Personnel section 121.22 (G)(1) was made by Councilperson Conrad and seconded by Councilperson Stoffer. Roll call vote was as follows: Councilperson Harwood-yes, Councilperson Conrad-yes, Councilperson Lewis-yes, Council President Mackey-yes, and Councilperson Stoffer-yes. Motion carried and Council went into executive session at 7:25 pm.

A motion to come out of executive session was made by Councilperson Harwood and seconded by Council President Mackey. Roll call vote was as follows: Councilperson Harwood-yes, Council President Mackey-yes, Councilperson Conrad-yes, Councilperson Lewis-yes, and Councilperson Stoffer-yes.  Motion carried with Council coming out of executive session at 7:40 pm.

Action from executive session: Council President Mackey made a motion to terminate Adam Morris as the part-time street worker, seconded by Councilperson Stoffer. Roll call vote was as follows: Council President Mackey-yes, Councilperson Stoffer-yes, Councilperson Conrad-yes, Councilperson Harwood-yes, and Councilperson Lewis-yes.   Motion carried.

A MOTION TO ADJOURN: was made by Councilperson Harwood and seconded by Councilperson Conrad. Roll call vote was as follows: Councilperson Harwood-yes, Councilperson Conrad-yes, Council President Mackey-yes, Councilperson Lewis-yes, and Councilperson Stoffer-yes.  Motion carried.

Meeting Adjourned at 7:41 pm.

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