Village Council Meeting Minutes October 16, 2017

The Regular Meeting of the Apple Creek Council was called to order on October 16, 2017, 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.

A motion to approve the Minutes of the October 2, 2017 meeting was made by Councilperson Lewis, as always the Minutes are available for the public to review. The motion was seconded by Council President Mackey.  Roll call vote was as follow: Councilperson Lewis-yes, Council President Mackey-yes, Councilperson Conrad-yes, Councilperson Harwood-yes, Councilperson McCarthy-yes, and Councilperson Stoffer-yes.  Motion carried.

VISITORS: Gina Smith was present to discuss the cat nuisance. She was happy to learn that the cat nuisance ordinance was being worked on by Council.  However, her family has a few issues with a couple of items in the ordinance.  She believes the definition of “owner is too broad”.  Also, she believes the fine is too high.  Further, if she tries to chase off any cat, will she be accused of animal cruelty?  She went on to explain that experts say that to stop feeding feral cats will not get rid of them.  This ordinance will be a burden for the police department to enforce.  The Humane Society will trap and neuter in a community, she stated, and farmers may be interested in taking them.  Gina’s daughter Emily stated that the definition of owner is too broad because they may never have any interaction with a cat…it may just happen to be on their property; therefore, they could be charged $150.00.  If a person tries to get rid of the cat and shoots at it, this can create an animal cruelty situation.  If one stops feeding the cats, they will start to get into trash and other areas.  Council members explained why the ordinance is needed.

Deborah Mast, Nancy Hershberger and Dianna Lowe were present to complain about the stray cats on Dogwood, and the possums and raccoons in the trash. They also complained about barking dogs.  The ladies are in favor of the ordinance.   The Mayor suggested talking to the neighbor with the barking dog prior to a complaint with the police department.  Lieutenant Estacion suggests letting the police department know when the dog is barking so they can come to the area.  “The cats are a real problem and the problem needs addressed,” the ladies stated.  It was suggested by the Mayor and Council members that the ladies’ landlord be contacted regarding the neighbor that is feeding the cats.

Also, Mark & Leitha Michael were in attendance regarding the nuisance ordinance. Mr. Michael suggested that the ladies on Dogwood contact the game warden, Aaron Brown. He has a list of trappers that will catch the animals and remove them. Mr. Michael has a concern regarding the barking dog section of the ordinance that lists 50 feet.  He has a beagle and a lab that he uses for hunting.  His dogs bark when people are in the nearby field or walking by the creek.  The sound echoes through the creek bed.  Mr. Michael compared the sound/annoyance at the same level as semi-trucks on Main Street.  His suggestion of distance was asked for by the Mayor.  He didn’t think distance was the issue.  The complaints and possible fines are the issue.  The Mayor stated that all concerns raised will be considered.  She advised that the ordinance will have a third reading at the next meeting.  Also, she advised that the Village Solicitor will be present at the next meeting.  Definitions will be discussed further with the Solicitor.

The Mayor thanked everyone for coming to the council meeting. She stated it is not the intent to have the animals harmed, and the Village would be happy to have help from the Humane Society or any other group to solve this problem.  Council is trying to handle it in the best way possible, and will be voting on the ordinance.

POLICE: Lieutenant Estacion had nothing to report.  The Mayor reported that the Picker Barn temporary/mobile sign has been moved after being contacted by the police department.  The owners of the Picker Barn were further advised that wherever a sign is placed, the property owner’s permission must be obtained.

PARK: The need for staining the stage was discussed.  It was determined that this is not needed at this time.

STREETS AND MAINTENANCE: Leaf pick-up will begin on Tuesday, October 17, 2017, and last until the Tuesday before Thanksgiving, east side on Tuesdays and the west side on Thursdays.  There was a question about Apple Lane surfacing.  Commissioner Orr stated that it was one of the first roads that were blacktopped this year, except for behind the bank due to the construction. It has been patched.  It will need to be looked at after construction is done the Mayor stated.

WATER & SEWER: A new heating system at the water plant was discussed.  The Mayor notified Council that a gas furnace will be purchased, along with a gas generator. We’re working with Dominion Gas to identify our needs. The cost was reviewed in comparison of electric to natural gas.  The size of the generator and furnace is being considered. A rental generator will be lined-up until a permanent one can be in place.

Waynedale update: The Mayor reported that the cutting of 250 has been completed.  Traffic control worked well. The lift station will remain in place until the new system goes live.  All paving will be done at one-time after construction is completed.

The Mayor advised Council the Street committee review of Troxel way request had been taken under advisement.   After looking at the street, it was determined that there is no property damage and that the street should not be made a one-way street.

JEDD#1: Nothing.

JEDD#2: Council President Mackey reported a meeting was held and he gave an update on the Waynedale project.  The next meeting will be held January 3, 2018.


UNFINISHED BUSINESS: Second Reading of Ordinance 2017-21 An Ordinance Defining and Abating Animal Nuisances Within the Village of Apple Creek.

The Third reading will be on Monday, November 6, 2017.

The “distance” in the barking dog section was discussed. This section will be given to the Solicitor for further review and revision.  Transportation and therapeutic animals were discussed.  An exception for medical animals of any kind could be made the Mayor advised.

A motion to advance to the third reading was made by Councilperson Stoffer, and seconded by Councilperson McCarthy. Roll call vote was as follows:  Councilperson Stoffer-yes, Councilperson McCarthy-yes, Council President Mackey-yes, Councilperson Harwood-yes, Councilperson Conrad-yes, and Councilperson Lewis-yes.  Motion carried.




A11A212 Ohio Police & Fire Penalty      $3000.00
A11A212 Wayne County ACA Health        $140.43
TOTAL             $3140.43
A17A240 Mayor & AD.
A11C230 American Elect. Power Street Lights                   1346.29
A17A231 American Elect. Power Electric                $227.89
A17A245 Crystal Clear Water                    34.00
A17A245 Comdoc Copies                 $97.91
A17A242 Comdoc Lease                    201.03
A17A232 Dominion Gas                  $77.45
A17X2752 East Union Twp Jedd#2                    311.27
TOTAL              $ 2,295.84
B16B240 Streets O&M
B16B231 American Elect. Power Electric                    $69.11
B16B243 Cintas Uniforms                   214.98
B16B232 Dominion Gas                    $32.66
B16B243 Kokosing Road Material                     470.82
B16B243 Lowe & Young Part                      $2.96
B16B243 Mast Lepley Bracket Link                                 $37.91
B16B243 Tricor Broom Gloves                $56.90
B16B212 Wayne County ACA Health                  $93.62
B16B243 Wolff Part               $18.07
TOTAL                 $997.03
B43A250 PARK
B43A2321 American Elect. Power Electric                   $403.54
B43A232 Dominion Gas                    $28.99
B43A243 Wolff Brothers Electrical Outlets                      $9.10
TOTAL                  $78.63
E15A231 American Elect. Power Electric                $977.96
E15A244 Coshocton Testing                  $198.00
E15A235 Postmaster Stamps                     $49.00
TOTAL              $1,303.59
E25A231 American Elect. Power Electric               $3218.29
E25A244 Coshocton Testing                  $750.00
E25A232 Dominion Gas                 $33.22
E25A245 Kimble Trash Hauling                  $18.26
E25A235 Postmaster Stamps                 $49.00
E25A243 Pump Doctor Repair             $2795.17
E25A243 Wolff Brothers Flange Tee              $1260.08
TOTAL            $8,124.02


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

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

Meeting Adjourned at 7:49 pm

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