Village Council Meeting Minutes 7-18-16

The Regular Meeting of the Apple Creek Council was called to order on July 18, 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-present, Charlie Lewis-present, and Steve Stoffer-present.

Councilperson Harwood made a motion to approve the minutes of the July 5, 2016 meeting, as always the minutes are available for the public to review. The motion was seconded by Councilperson Lewis. Roll call vote was as follows: Councilperson Harwood-yes, Councilperson Lewis-yes, Councilperson Conrad-yes, Council President Mackey-yes, Councilperson McCarthy-yes, and Councilperson Stoffer-yes.  Motion carried.

VISITORS: Stephen Spoonamore, Independent candidate for State Representative, was present to introduce himself along with Stuart Mykrantz.   Mr. Spoonamore talked about his many accomplishments in both business and community activities.  He explained what he wanted to accomplish if elected to office.  Also in attendance were Ivan Schlabach, Andy Miller, and Junior Coblentz.   They are the “Anchor of Hope Mennonite Building Committee”.  They are looking for land for a church building.  There are ten acres on Church Street, without a water well that they are looking at.  They inquired as to the zoning for the land and wanted to share their plans with Council prior to any purchase.  The Mayor and Councilperson Harwood advised that the Village has no zoning and the County should be consulted for building plans.  The Mayor clarified that zoning is controlled by nuisance ordinance in the Village. The Mayor stated she would contact the Village Solicitor for any further questions that the group may have for Council.  Further, the Mayor will verify with the Solicitor that a church may be built in that area of the Village. The group requested copies of the nuisance ordinances.

A motion to go into executive session for the purchase of property Section 121.22 (G)(2) was made by Council President Mackey, and seconded by Councilperson Harwood. Roll call vote was as follows: Council President Mackey-yes, Councilperson Harwood-yes, Councilperson Conrad-yes, Councilperson McCarthy-yes, Councilperson Lewis-yes, and Councilperson Stoffer-yes. Motion carried and Council entered into executive session at: 6:43 pm.

A motion to come out of executive session was made by Councilperson Conrad, and seconded by Councilperson Harwood. Roll call vote was as follows: Councilperson Conrad-yes, Councilperson Harwood-yes, Council President Mackey-yes, Councilperson McCarthy-yes, Councilperson Lewis-yes, and Councilperson Stoffer-yes.  Motion carried and Council returned from executive session at: 7:00 pm.

There was no action taken from executive session.

POLICE: Mayor Keener reported the hiring has been delayed one week due to the advertisement not running in a timely manner. It just ran the past week.  Several resumes have been received.  Interviews will be next Monday, July 25, 2016.  The Chief should have a recommendation for the next Council meeting on August 1, 2016. Sergeant Estacion reported that his wedding photographer donated her time to photograph the Apple Creek K-9 Unit.  She did this in honor of Jethro, the Stark County K-9 Officer that was killed in the line of duty.   In the future, she may be doing family photography for officer’s families.

PARK: Mayor Keener reported that the preparation for Johnny AppleSeed days is going well. Commissioner Orr reported the benches are painted and the park will be ready. The Commissioner also reported the electric for the bandstand is on its own line. He is working with the Festival Committee on any preparation needs of the park.

STREETS AND MAINTENANCE: Street Commissioner Dale Orr reported Melway has still not been in as of today.  There has been no contact as to when they will start the Chip & Seal.  The fire department wants to use the backhoe for their barrel fight to hold the water barrel backup.  The Commissioner asks that the backhoe set at the park until Monday morning.  The keys will be dropped-off  in case they are needed.  New banners for the Village were discussed.  The old ones are not to be reinstalled after the Johnny Apple Seed Banners are taken down since the old ones are in bad shape.   Any new banners may be installed in the spring. This may be the next Village/CIC project.  Mowing was discussed.  A lot on Spring Run needs mowed.  A letter will be sent if not already done so.

WATER & SEWER: Mayor Keener reported the towers and the clear-well will be cleaned on Friday July 22, 2016.  Commissioner Orr will be available to assist if necessary.  Residents are to be notified of the possibility of discolored water due to the cleaning.  A posting on the Village website will be made, a message placed on the office phone, and a notice sent to the radio station for announcing.  Notice by the reporter in the Council newspaper article was requested also by the Mayor. Hydrants will be flushed the first week of August.

JEDD#1: Council President Mackey reported the letter has been sent out to Steven Mast offering him financial services.

JEDD#2: Council President Mackey reported Solicitor Musselman has been doing research on police coverage for the Waynedale Campus to determine who has authority there.  Information from the original JEDD contract “did not show up when it was being verified as to legal authority, so members of JEDD 2 are wondering if the contract is a valid contract because that stipulation is not there.   Now there is the possibility that we can’t do that.   The Village will continue to do the drive-through and visitation at this time”.   President Mackey informed “them that a full-time patrolman is being hired so he can do the same thing.” The Mayor stated that moving towards the goal of having three full-time officers will eventually provide 7/24 coverage for the community which is more important than a resource officer at the school.  President Mackey reported there are three officers for Waynedale football.  Two of these positions will be offered to the Sheriff’s department with one position to be offered to Apple Creek PD.  Wrestling and basketball also require security but only two officers are needed.  Changes are needed to the ORC to remedy this situation.  The Solicitor will be contacting a State Representative regarding this matter.

CORRESPONDENCE: Council President Mackey reported the Historical Society invited Council to hold a meeting in their new building and tour it. It was decided that the August 15th meeting will be held at the Village Hall at 6:00pm and then Council will go to the new Historical Society Building to tour it.

UNFINISHED BUSINESS: Councilperson McCarthy asked about the problem with the ditch next to his house. Mayor reported they will set up a meeting to discuss the matter.

NEW BUSINESS:  Councilperson Lewis reported the resident at 250 E Main St. would like to put in a driveway on the west side of his house but there is a tree in the way. He would like to remove the tree.  He would replant one.  Council approved the resident’s removal of the tree at his expense. However, the resident will need to contact the State about the driveway since there is a curb that would need to be cut down which is on State Route 250.




A11A210 POLICE  
A11A233 MCTV Telephone Service                 92.61
A11A243 Dale James Ford Repairs Crown Vic             1232.75
A11A241 Mast Lepley Keys                 16.39
A11A233 Verizon Cell Phones               128.44
                            TOTAL       $1,470.19                
A17A240   Mayor & Admin. O&M      
A17A231 American Electric Power Village Hall Electric             267.38
A11C230 American Electric Power Street Lights         1201.76
A17A233 Comdoc Copier Lease             195.70
A17A233 MCTV Telephone Service              91.62
A17A241 Comdoc Copies             124.92
A17I000 Treas. State Auditor Fees              61.50
A17A237 Taggart Law Firm Solicitor            665.50
                             TOTAL       $2,609.38
B16B240     Streets O&M      
B16B231 American Electric Power Streets Electric              61.82
B16B245 Cintas Uniforms             104.08
B16B233 MCTV Telephone Service                 49.15
B16B233 Verizon Cell Phones                 58.84
                                 TOTAL             $273.89          
B43A250 PARKS  
B43A231 American Electric Power Park Electric               462.82
B43A211 Adam Morris Cleaning of Hall               125.00
B43A243 The Battery House Battery              339.90
B43A243 Water Watts Secure Meter Base               280.00
B43A245 Terry Shultzman Rental Refund                 40.00
                                  TOTAL         $1,247.72                                        
E15A240 WATER  
E15A244 American Electric Power Electric            946.23
E15A244 Coshocton Enviro. Testing              240.00
E15A235 Postmaster Stamps                 85.00
                                   TOTAL                $1,271.23      
E25A240 SEWER  
E25A231 American Electric Power Sewer Electric             3468.85
E25A244 Coshocton Enviro. Testing             724.00
E25A233 MCTV Telephone Service               113.00
E25A243 Clark Fowler S Flex Sleeve                 45.92
E25A243 Engineering Associates Engineering          13580.00
E25A245 Kimble Trash Pickup               16.33
E25A235 Postmaster Stamps                 85.00
                                   TOTAL       $18,033.10 


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

Councilperson Stoffer discussed the email the Mayor sent to him on Monday, July 11, 2016, regarding mowing the storage property. He stated that he was told the deadline date was July 16, 2016.  Further, he disputed the statements in the email.  He stated that he did not instruct “Dale to hold off on mowing the property”.   He went on to explain that his weed-eater malfunctioned as well as an injury to his back prevented him from completing the mowing.  Councilperson Stoffer stated that he advised “Dale that he (Councilperson Stoffer) would get to it this weekend.” He repeated that he was under the impression that he had until the 16th of July to complete the mowing.  His biggest complaint was being accused of “having Dale hold off” and being accused of “abuse of power to benefit yourself”.  The Mayor countered that she stated “abuse of power to benefit one resident….not yourself”.  The Mayor further went on to explain she must enforce deadlines for the benefit of all residents.  She further stated, ”There are procedures in place to inform land owners of their need to mow by a set deadline, and that we cannot, nor will I permit an extra week for one resident and not another.  I reacted to the deadline date given to me, though it seems that no one knows the exact date.”  Councilperson Stoffer stated, “I understand but there was confusion regarding the deadline because I believed it was the 16th.”  He went on to say that he didn’t like or appreciate the email and wondered why he wasn’t just called.  The bill for the mowing should be sent to the owner of the storage building.  It was not Councilperson Stoffer’s property.  Properties with mowing violations and unsightly accumulation of items were discussed.  The Mayor stated that residents need reminded that they need to mow at least once a month.  Councilperson Stoffer agreed.  The Mayor apologized to Councilperson Stoffer for the “mode of delivery but that was the only way I could get to you that day”.  “OK, it is all straightened out”, stated Councilperson Stoffer.

A picture of Council was taken for Council President’s webpage.

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 McCarthy-yes, Councilperson Lewis-yes, and Councilperson Stoffer-yes.   Motion carried.

Meeting Adjourned at 7:45 pm.

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