January 19, 2015 Council Meeting Minutes


The Regular Meeting of the Apple Creek Council called to order on January 19, 2015 by Betty Keener with the following council members answering to roll call:

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

Rick Conrad made a motion to approve the minutes of the January 5, 2015 meeting,  as always they are available for the public to review,  seconded by Steve Stoffer, Roll Call: Rick Conrad-yes, Steve Stoffer-yes, Rodney Mackey-yes and Charlie Lewis-yes.

VISITORS:  East Union Township Trustees- Joe Rabatin, Blake Myers, Dan Hodge and Jonathan Shultz from the Daily Record.

Betty- we the Apple Creek Village Council move for a joint meeting with the East Union Board of Trustees concerning negotiations so the chairman of the East Union Township Trustees may call his special meeting to order. Chairman Joe Rabatin called the special meeting to order.

Motion to go into executive session for Legal Section 121.22 (G) (8) inviting the township trustees by Charlie Lewis, Seconded by Rick Conrad, Roll Call:  Charlie Lewis-yes, Rick Conrad-yes, Rodney Mackey-yes and Steve Stoffer, At 6:34 pm.

At this time, the Trustees went into executive session with members of Council.

Motion to come out of executive session at 7:12 By Rodney Mackey, Seconded by Charlie Lewis, Roll Call: Rodney Mackey-yes, Charlie Lewis-yes, Charlie Lewis, and Steve Stoffer-yes.

Betty Keener reported that Council reached a tentative agreement with Township Trustees pending legal review.

Trustees then moved to come out of executive session, and reported they have a tentative agreement with Council pending legal review.


POLICE:  Jason- as you know Nick Myrda has resigned and as of last night he started his first shift. With that being said, it vacated our sergeant position here in the police department. I came to council requesting to promote Matt Estacion to that full-time sergeant position. Matt has been with us since November of 2011. At that time he was auxiliary then to part-time in May of 2011. He has the most time of any of the officers. I have never had bad feedback from the community. Betty asked council to make a motion to hire Matt for the full-time position.

Charlie Lewis made a motion to hire Matt Estacion to the full time position as sergeant of the Police Department. Seconded by Steve Stoffer. Roll Call: Charlie Lewis-yes, Steve Stoffer-yes, Rick Conrad-yes, and Rodney Mackey-yes.

Betty- thank you Council and thank you Matt. I am really happy that you are a member of the force on full-time basis. Jason-the only other thing I have is that Laurie is mailing out the charger’s final payment, it’s all paid off. I don’t know how it works from here; whether we get paperwork saying to pay the one dollar to make it ours, but as far as the lease agreement, we are done. Charlie- is there a certain time he will be starting. Jason-here is the plan, he has to do his thing with his employer over at Smithville. Tentatively he is officially hired today; but his actual start date is February 1st .  While he’s working out his notice to Smithville, he still will be working his shift here. Matt-I have talked to the chief; I am not going to stay part-time. I have been working two to three jobs since the beginning. I will be resigning there all together. My resignation process will start tomorrow. I will be only with Apple Creek.

PARK:   Dale reported he had only gotten one quote for the electric upgrade of Mayer Carson Hall from Kidron Electric; he asked Water Watts also but has not heard from them. The Mayor asked Dale was asked to get at least one more quote because action is not typically taken with one quote.

STREETS AND MAINTENANCE:   Resolution 2015-3 A Resolution Transferring Monies from the General Fund to the Street Fund. Motion to pass by Rodney Mackey, Seconded by Rick Conrad, Roll Call: Rodney Mackey-yes, Rick Conrad-yes, Charlie Lewis-yes, and Steve Stoffer-yes.

Resolution 2015-4 A Resolution Transferring Monies from the General Fund to the Municipal Motor Vehicle Fund. Motion to pass by Rick Conrad, Seconded by Steve Stoffer, Roll Call: Rick Conrad-yes, Steve Stoffer-yes, Rodney Mackey-yes, and Charlie Lewis-yes.

Betty-it was brought up that Dale should be monitoring gas prices and Dale would you report your findings. Dale-out of the seven companies that I called five of them said to me, don’t you have something better to do with your time than monitoring gas prices. They said it would take a day in advance to call around and get the gas prices and then by the time you get it ordered it’s going to be a day or two and that price is no longer good. They said in the long run you just take it the way it comes to you, it’s going to even out in the end. It will be up one day and down the next. Steve-you know what I would of told them, “no we have to monitor our gas prices because the way they are is because you have to watch you guys”. Betty-we can have him to that but we are going to have to make Adam full-time because; you know how this department works, you worked it before you were elected to council some years ago. Steve-how much gas do you use a year. The police will use more gas than you ever will. Dale-my use is seasonal. Rodney-didn’t we say last month we were $19,000 a year in gas. Laurie-that’s gas and diesel. Betty-with the prices being so volatile, it would be hard for any one person to monitor those prices and to get the best prices. Then in addition if we change suppliers, we’d have bigger issues. Dale-if I change suppliers, the new law states we have to have two double walled tanks. The electric for these would have to be upgraded. The electric down there will not pass code. Tanks will not pass code so we’d have to have new pumps. The pumps will have to be 50 feet away from the tanks. So you are looking at anywhere from $6000 to $6500 for the tanks and switching it over if we change suppliers. We stay with the same supplier were grandfathered in. we don’t have to touch a thing. Charlie-keep what we got. Steve- the last time we went through this, finding someone to get you tanks and they don’t charge you an arm and a leg for, it’s about impossible. Dale-since they went with this new law there is only one company who said they would furnish tanks, but since we use such a small amount they said they would rather have us buy the tanks. Rick-leave it like it is, and don’t change it. Steve-you looked like what was requested. Rodney-we have two tanks; one for gas and one for diesel; they are 300 and 500 gallons. Dale- 500 for gas and 300 for diesel. Betty-does council want to make a recommendation regarding this information? Steve Stoffer made a motion to just leave it as is due to extremely high cost to change. Seconded by Rick Conrad, Roll Call: Steve Stoffer-yes, Rick Conrad-yes, Rodney Mackey-yes, and Charlie Lewis-yes.

Betty-something else I had asked Dale to check on. I noticed that with the new part-time person that when he was reading meters that he was wearing a sweatshirt, overalls and rubber boots and we provide for our police department clothing allowance. So I asked Dale to check into some descent outer wear to for their department. For $300 we can have better weather proof jackets and bibs for two guys from Mast Lepley and Adam who was just made permanent ant part-time as his 90 days have been fulfilled, walked the whole town in rubber boots in deep snow. Rodney and I were talking about the severe elements of being in the snow maybe I am wrong with being in deep snow as there is some insulation. I get cold in the deep snow and the man walked the whole town because he not going to walk back out to the street; he is going to be cutting through yards. I was hoping Council would agree that purchase, and approve allowance up to $400 to get them better outerwear and boots. I don’t think that would put a major burden on our finances. Rodney Mackey made a motion to allow the street department to spend up to $400 on outwear and boots, Seconded by Steve Stoffer, Roll Call: Rodney Mackey-yes, Steve Stoffer-yes, Rick Conrad-yes and Charlie Lewis-yes.

Rodney-has there been any comments on snow removal or salting of the streets any issue Laurie or Dale? Betty-there were problems again about people parking on the streets and for their sake they were lucky we didn’t get enough snow for the parking ban to go into effect; otherwise I would have sent Jason out to cite them because they know better. One in town on Maple St. and one on top of the hill. Steve- I saw you had them plowed in good deal.

Betty- we are reviewing our web site because we called someone in and we are able to get a better web-site that we can put slide shows on; so we can put things on like the Easter Egg Hunt, Breakfast with Santa, Johnny Apple Seed Days, Halloween and the Christmas tree lighting. We can have our web-site more modern and up to date for the same money as we are already spending. Laurie will be trained on it and it’s a lot easier than what we have now. Laurie-Bobbi Geiser was the person who did it and I just don’t get it. Jason-Bobbi was the one who always did it and we have had problems with it ever since she left. She even came in a couple of time and tried to help. I tried to help a couple of times and could not get it. Betty- we have a web-site designer. He came down and showed us the web-site we’re going to have and it’s going to be really up to date. We don’t have a date set yet. Give a month and we’ll have the training done and up and running.

Steve-asked Dale how the truck turned out, I did not work on it. Dale-it’s not what I expected. We talked about a self being epoxied in, I was told it could not be. They used steel again and used two pieces and the one doesn’t fit up next to the side. Steve-that’s because your boxes are so far out of square. We were looking the truck over and over and you might get a year out of it. The boxes are getting thin. Betty-that is what we have been talking about getting another year out of it. Dale-the rest of the truck in not to bad; it does have a little bit of a rearend problem.

WATER & SEWER:  Waiting on the bid to come back from the EPA so we can move forward.

JEDD: Meeting January 29th at 7 pm at the Fire Station.


UNFINISHED BUSINESS:  No prices for aggregation; we should have them by the end of the week. Betty-Highlights from 2014. I am not a one to look in the past, but look to the future, but some of our highlights from 2014; Mayer Carson Hall was renovated to-do water break and we made addional repairs, plans for the sewer plant were upgraded to remove the tricking filters, Diesel retired unfortunately but we are have a new k-9 Axel, new contract with Dean’s Backflow for the running of the Water & Waste Water treatments plants for 10 years, Council passed Income Tax credit of ½ of 1 percent, aggregation for Electric and Gas are available through Aspen Energy and in the new future residents will be able to sing up, the Fire Bell at Bixler’s park was returned to the East Union Township Fire Department, our first annual Christmas tree lighting ceremony was well planned by our employees and well received by the community. Breakfast with Santa was our second annual one and well attended by the community which was planned by our staff.  In 2015 we have some missions in looking forward, but we can’t talk about yet while waiting on legal review. Every year, things in Apple Creek just keep getting better.

NEW BUSINESS: Betty-something we neglected to do at the last meeting was elect a President of Council for this year. For some reason we don’t have our council president run for council president I don’t know why not; so I need nomination for president. Rick Conrad made a motion to have Rodney Mackey President of Council for 2015. Seconded by Charlie Lewis,.Roll Call: Rick Conrad-yes, Charlie Lewis-yes, and Rodney Mackey-yes, and Steve Stoffer-yes.

Betty-we need to discuss the official monitoring of Council start time. I replied to someone’s complaint about council start time at the last meeting. Council meetings have always started by that clock on the wall and last meeting that clock said 6:30 when I called the meeting to order. One council member missed roll call and he feels he should not be docked. Because Council is paid per meeting, the ordinance states if yon miss roll call or miss adjournment, then that council person is not paid for that meeting. So it’s up to you guys if you want to rewrite the ordinance. I had Laurie check the recorder, she turned the recorder on it was 19 seconds before 6:30. She walked over there and sat down and then we started. So it was 6:30. Steve-yea so when you come in here belly aching I looked at the clock it was like 6:32. Betty-thank you very much. Steve-because it wasn’t right with his, so that one right there with mine, I’ve got 7:36 so it’s about a minute or so fast. Don’t wait until the last second to get here. Betty-yes and be disruptive while we are trying to start a meeting. So if you want to rewrite the ordinance that’s your business; but bear in mind if you do then this guy who is not here tonight missed a lot of paychecks because he missed roll call and left early last year. So if you going to give it to one you are going to have to give it to the other. Betty-so you are not going to change procedures. Just double checking because the e-mail was sent directly to me and Laurie and when I replied I sent it to all of you and our solicitor because it has been determined before that we should not be doing business of this nature by e-mail. That’s what this table is for, so replying to everyone that e-mail goes on public record and retained on public record so keep those things in mind.

COMMITTEE REPORTS: CIC met tonight and the fund raising cards are on the table. Jake’s will give us 10% of the net bill during the month of February. You must have the card and it’s good up to a table of six. It’s not good on alcohol, taxes, gratuity, and does not apply to ½ price burgers. Jae Tech is donating $750.00 to pay for one new sign. The CIC is fundraising to replace the other sign in town. Jae Tech took a copy of the master copy and is going to print out and give it to their employees.


A11A2431  Ford Motor Co. Charger Lease             8767.68
A11A212 Wayne Co. Commissioner  Hospitalization             2940.42
A17A240    Mayor & Admin. O&M
A17A231 American Electric Electric            223.35
A11C230 American Electric Street Lights          1544.10
A17A243 Crystal Clear Water Water & Cooler            27.00
A17A233 Comdoc Copies            81.70
A17A241 JMC Brands Web-site Work            85.00
A17A241 Quill Office Supplies            49.98
B16B240     Streets O&M
B16B231 American Electric Electric               106.14
B16B245 Cintas Uniforms               125.80
B16B243 Lowe & Young Hydraulic Hose                 93.03
B16B212 Wayne Co. Commissioner Hospitalization             1470.21
B43A250  PARKS
B43A231 American Electric Electric               264.62
B43A211 Holly Malciut Cleaning Hall               100.00
B96A240 Municipal Mot Veh
B96A242 Santmyer Oil Gas Streets              306.15
B96A244 Santmyer Oil Diesel              367.89
B96A246 Santmyer Oil Gas Police              520.65
                                 TOTAL            1194.69
E15A240  WATER
E15A231 American Electric Electric          2199.26
E15A235 Postmaster Postage            122.50
E25A240  SEWER
E25A231 American Electric Electric             3751.71
E25A243 Clark Fowler S Flex Sleeve                38.36
E25A245 Miller Septic LLC Lift Station Cleaning               298.50
E25A235 Postmaster Postage               122.50
E25A243 Wolff Brothers Delay Fuse               165.04


MOTION TO PAY THE BILLS: by Rick Conrad, Seconded by Steve Stoffer, Roll Call: Rick Conrad-yes, Steve Stoffer-yes, Rodney Mackey-yes, and Charlie Lewis-yes.

MOTION TO ADJOURN: by Charlie Lewis, Seconded by Steve Stoffer, Roll Call: Charlie Lewis-yes, Steve Stoffer-yes, Rick Conrad-yes, and Rodney Mackey-yes.

Meeting Adjourned at 7:43 pm


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