RECORD OF PROCEEDINGS VILLAGE OF MCCONNELSVILLE COUNCIL REGULAR SESSION

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1 Held: July 2, 2013 Page 1 of 7 The Village of McConnelsville convened in regular session from 6:00 P.M. to 7:21 P.M. in the McConnelsville Village Office. Mayor John W. Finley called the meeting to order with the following members and visitors present: Councilman Tom Bragg Councilman Rhett Matheney Councilman Terry Robison Councilman Mark Dille Councilwoman Michele Blackburn Councilwoman Mary Gessel EMPLOYEES: Chief of Police Troy Copeland, Fiscal Officer Ellen M Hemry, and Village Administrator John Thompson VISITORS: Carol Morris, Tim Hallowell, Rick Fox, Doug Spurlock Invocation Invocation given by Mayor John W. Finley. Pledge of Allegiance Lead by Mayor John W. Finley. OLD BUSINESS Minutes of June 18, 2013 Councilman Bragg made a Motion to approve the minutes of the previous meeting, seconded by Councilwoman Blackburn. NEW BUSINESS Bills of the Village Councilman Robison made a Motion to approve the bills, seconded by Councilman Bragg. Public Participation Mr. Tim Hallowell addressed Council regarding the Festival. Mr. Hallowell stated there will be mechanical rides this year in front of First National Bank; the road will be shut down Friday and Saturday, keeping one lane open for the drive-thru. Mr. Hallowell stated there will also be Flea Market Vendors; a DJ on Friday and Saturday evenings; and, several food vendors. Mr. Hallowell stated those running the mechanical rides will be parking up

2 Held: July 2, 2013 Page 2 of 7 in front of the old grade school property and will be setting their campers up there also. The parade will be held Saturday evening at 5:00 P.M. The Sons of American Legion will take care of putting the road closed signs up; they will put them up around noon on Friday and begin setting things up around 2:00 P.M. The Jaycees are setting up Wednesday evening for the Bingo. It was noted you will be able to view the fireworks from the downtown area. Mr. Rick Fox addressed Council regarding an ongoing problem with the Lowe properties. Mr. Fox stated there are homeless people moving in and out with sleeping bags; the property is unsecured, doors are open and windows are broken out. The neighbors are very concerned. Mr. Fox questioned what ordinances the Village had and what could be done with these properties. Councilman Matheney stated we are working on it; however, our hands are tied until the lawsuit and estate are settled. Councilwoman Gessel stated she went into Probate today regarding these properties. Mrs. Elisa Lowe has filed bankruptcy again; so, Judge Nau has put a hold on all of those houses, they won t be sold right away. Councilwoman Gessel noted Kevin Van Horn is the attorney. Councilwoman Gessel stated she talked with Judge Favreau; and, we can assess the property taxes the expenses we incur on cleaning up the property; however, there are already several liens against the properties and we probably would not see our money. Mr. Fox stated he felt it was time to push the issue. He realizes Council is doing what they can and he is going to keep pushing too. Mayor Finley stated he has asked our Solicitor to look into what we can do as far as tearing them down. The Village would have to take on the expense of this and we cannot afford it. Mayor Finley stated he is concerned over the safety of these properties. Councilman Matheney reported he has received complaints on the Matson property again. Mr. Doug Spurlock addressed Council regarding Council s request for a hearing on the 2:30 license. Mr. Spurlock stated he had one when he was open before and that is where 60 to 70 percent of the money is made. Mr. Spurlock stated he has invested a lot of money in this property to bring it up to code; around $45,000. Mr. Spurlock stated he understood one of Council s concerns was smoking; and, he will not allow any smoking inside the facility. He has a beer garden outside and he will require them to go out back to smoke; not even allow them to smoke out front. Mr. Spurlock stated he was here to basically request Council to allow him to have a 2:30 license; without that he does not feel he will make it; he does not want to be open on Sunday. Mr. Spurlock stated he will be retiring from the Government in February; and, until then they are agreeing to allow him to have weekends off so he will be here Friday and Saturday to oversee things. Mr. Spurlock stated he does not allow fighting in his bar; once they are in a fight, they are not allowed to return to the bar. Councilman Matheney questioned why 60 percent of the profit is from 1:00 on. Mr. Spurlock stated people don t come out until around 11:00 or 12:00 on the weekends. Mayor Finley stated we have concerns of public intoxication outside of the bar. Mr. Spurlock stated he only had six or seven incidents inside the bar when he was open before; and, not all of the incidents outside of the bar were attributed from his bar, as there are other bars in the area. Mr. Spurlock said they will take people home if they appear to of had too much to drink. Councilman Bragg stated one of the biggest concerns with the 2:30 license is the other bars are closing at 1:00 and that is when most of the problems seem to happen. Mr. Spurlock

3 Held: July 2, 2013 Page 3 of 7 stated he does last call at 1:45 and closes the doors at 2:00 even though he has a license to stay open until 2:30. Councilwoman Blackburn stated last time he was open there was some exposure on Facebook; and, videos giving a bad reputation. Those comments and concerns are what come back to Council and they do not want that happening. Councilman Robison stated in all fairness to Mr. Spurlock; with social media the way it is today, he can t control what others do. Mayor John W. Finley Mayor Finley stated he was happy to report Ashland Oil is starting to show some progress; they stated they are on schedule. Mayor Finley reported Englefield Oil should have the dirt mounds removed by July 8, Mayor Finley reported the Fiscal Officer received a refund check today in the amount of $5, from the Bureau of Worker s Compensation. It is one portion of their three-part A Billion Back proposal they set forth in order to strengthen Ohio s economy, modernize their operations and protect Ohio s most important asset; its workforce. Mayor Finley reported this money was deposited proportionately back into the funds it was originally expended from; $3, General Fund; $ Street Fund; $ Water Fund; and, $1, Sewer Fund. BWC is encouraging the refund to be expended on strengthening our employee safety and health programs. Mayor Finley reported June Mayor s Court receipts as follows: Village - $4,611.00; Morgan County Treasurer - $267.00; Treasurer of State $1, for a total of $6, Mayor Finley reported June Parking Meter receipts as follows: Fines - $336.00; Meters - $1, for a total of $1, Mayor Finley reported June Income Tax receipts as $13, Mayor Finley reported he met with a lady from Ohio Development Services Agency; she left some information if any of Council would like to see it. Mayor Finley reported he and the Village Administrator met with Attorney Chris Christie and toured property on North Kennebec Avenue that is owned by Citizen s National Bank. There was some discrepancies on property lines; and, unknown on the Village right of way. They need an Ordinance from the Village stating they can grant a license for use. The new property owner is a contractor and is going to renovate the house and add a small garage; then, offer it up for sale. Councilman Matheney had concerns of where the garage was being built, if it would cause a visibility problem when pulling off of School Street. Village Administrator Thompson stated no, it will be attached to the house in the back by the Nesselroad property. Village Administrator Thompson stated there is a sewer line there; and, if it has to be moved, they will pay for the expense to move it. Ordinance Mayor Finley introduced Ordinance 13-13, AN ORDINANCE REGARDING REAL PROPERTY AND GRANTING A LICENSE FOR USE AND DECLARING AN EMERGENCY

4 Held: July 2, 2013 Page 4 of 7 Councilman Bragg made a Motion to suspend the rules requiring three separate and disctinct readings and place on emergency measure, seconded by Councilman Dille. Councilman Robison made a Motion to adopt Ordinance on emergency measure, seconded by Councilwoman Blackburn. Ordinance was duly adopted. Councilwoman Blackburn passed out copies of Crooksville s water rates. She noted their minimum usage is from 0-1,000 gallons and the base cost for water is $30.00 and is $20.00 for sewer. Ordinance Mayor Finley introduced Ordinance 13-04, AN ORDINANCE TO ESTABLISH WATER AND SEWER RATES. Councilman Matheney made a Motion to pass Ordinance on the third and final reading, seconded by Councilman Bragg. Ordinance was duly adopted. Village Administrator John Thompson Village Administrator Thompson reported he hired Cody Pugh as a summer helper yesterday. The other summer helper was Ryan Hess; and, he has been working for us for a few weeks. Village Administrator Thompson noted this is through a County Project and we are reimbursed for all expenses. Village Administrator Thompson reported the ditch line on 7 th Street has been repaved. This was at the expense of the contractor for Zemba Brothers. Village Administrator Thompson reported the Consumer Confidence Reports have been delivered. If you did not receive one and would like it; you can pick it up at the Village Water and Sewer Office. Village Administrator Thompson reported Jonnie Mudd resigned; she left last Thursday and it was her last day to work for the Village. Village Administrator Thompson stated he has been discussing the refilling of the position with the Mayor and Fiscal Officer. Village Administrator Thompson reported the Preconstruction Meeting was held last Wednesday on the UV Disinfection and Grinder. We signed the contract with Doll Layman. It is estimated to take 8-12 weeks for the equipment to be manufactured.

5 Held: July 2, 2013 Page 5 of 7 Village Administrator Thompson reported he went to install our weight limits signs; and, found there was some incorrect spelling on the signs. The company is sending out new letters so we can correct the signs. Village Administrator Thompson stated the word is getting out as he has had several calls in the last week. Village Administrator Thompson reported he has been talking to our Engineer regarding additional sewer separation. We are having issues that need to be addressed. Village Administrator Thompson stated we will have separate 8 th and 9 th Streets; and, the west side of Jefferson and 3 rd. Village Administrator Thompson stated he is going to schedule a meeting with Lise Sibicky and Craig Richards from Burgess and Niple; as they are the ones who prepared the original Long-term Control Plan. Village Administrator Thompson stated he is keeping in contact with the EPA so they will be informed of what we are doing and make sure it is satisfying their requirements. Village Administrator Thompson stated he hopes to have everything started and ready to go by next summer. Village Administrator Thompson reported he has ordered more pipe for on 7 th Street, to put in another 2 foot overflow. He is hopeful this will relieve pressure and avoid the blowing off of the manhole covers. Village Administrator Thompson stated there are water consumption charts attached to the back of his report. Village Administrator Thompson stated he wanted to make Council aware that the Village has a backflow prevention program; but, the Health Department and Plumbing Department also dictate on Commercial properties. Our requirements are different than theirs; we are required to protect the Village s water system from contamination; and, they have to protect each unit. Village Administrator Thompsons stated we only do containment and they have to do isolation. Councilwoman Gessel questioned if he has had any questions or comments on the water increase. Village Administrator Thompson stated no; he thinks the resident s understand. Councilman Robison stated he felt the information sent out with the CCR s regarding the reason for the increase was very informative for the residents. Chief of Police Troy Copeland Chief Copeland reported there were 40 citations and 38 warnings given in the month of June; and, they drove over 2,000 miles. Chief Copeland reported he completed and submitted a grant last Friday for four in car cameras in the amount of $20,000. He is hoping to get a positive response; and, if so the project should start in September. Chief Copeland reported there were 4 swimmers in pool last night; they caught 2 juveniles; and, the other 2 adults turned themselves in today and they were in court tonight. Chief Copeland stated we had a rope stolen a few weeks ago; and, it has been returned. Chief Copeland reported to Council he was having difficulty purchasing some equipment as the companies will not accept a purchase order. Chief Copeland requested Council to allow him to get a prepaid credit card so he can purchase these items. Councilman Matheney made a Motion to approve a prepaid credit card at a set dollar amount of $ for the Police Department to purchase supplies; seconded by Councilman Bragg.

6 Held: July 2, 2013 Page 6 of 7 The Motion Carried. Fiscal Officer Hemry has permission to cut a check for $ for the Police Department to order supplies when a purchase order is not accepted. Chief Copeland stated he is in the process of purchasing laptops for the cruisers. Chief Copeland stated by the end of October they will be going to a new report writing system that will be internet based. Chief Copeland stated the reason for the laptops is the officer s will be able to do their reports from their cruiser and do not have to come into the office. Chief Copeland stated he would like to have everything done by the start of next month. Chief Copeland stated he did catch a trash truck in alley by Liberty and Main; and, 8 th and 9 th. Chief Copeland stated he talked with the driver; and, the driver stated his company had not told him he couldn t drive in the alleys. He stated he will stay out of the alleys now and will talk with their customers. Chief Copeland stated he has not seen them in the alleys since then. Streets & Alley Committee Councilman Matheney reported he has received a couple calls regarding speed bumps needing repaired. One is in the alley by Foster s and Howdyshell s; and the other is between Hopkins and Jones. The water is coming down and flooding the yards. Councilman Dille stated he has received a complaint about trees blocking the stop signs at Jefferson and 3 rd. Mayor Finley stated he knew of the one area that has been taken care of. Councilman Matheney stated at the last meeting it was turned over to the committee regarding a request for a street light. The committee went down and looked at the area. The committee feels there is sufficient lighting already there and there is no safety concern. Economic Development Committee Councilwoman Gessel reported she met with Shannon Wells; her office is now moved and they are planning a fall open house. She stated the Laundromat bids will be opened on July 8 th ; and, the building should be removed soon. Councilwoman Gessel stated there is no shale license in the county; and, there has not been much activity in the Recorder s Office in regards to title searches, etc. Councilwoman Blackburn questioned if the Village was going to make a donation to the fireworks this year. Councilman Bragg made a Motion to donate $1,000 to the Chamber of Commerce for fireworks; seconded by Councilman Robison. Abstain; Councilwoman Mary Gessel, Aye. Public Utilities Committee Councilman Robison reported there was a committee meeting last Wednesday in reference to a letter received from Attorney Christie. They basically just needed to know how the

7 Held: July 2, 2013 Page 7 of 7 water line was run up to the car wash and who owned it; and, where their responsibilities began and ours ended. Everything was explained to them with what was going on with the water line. It was noted there is a Joint Utility Meeting scheduled for July 15, 2013 at 7:00 P.M. in Malta s Council Chambers. Councilwoman Gessel requested to be excused from that meeting and the July 16 th Council Meeting as she will be unavailable to attend. Other Business Mayor Finley questioned Council what their desire was for the 2:30 License for Wing Slinger Inc. Mayor Finley stated if we continue with the hearing; it will hold up his license from several weeks to possibly several months. After a brief discussion Councilman Robison made a Motion rescind the request for a hearing on the 2:30 license; seconded by Councilman Bragg. Abstain; Councilwoman Mary Gessel, Aye. Fiscal Officer Hemry will contact the Liquor Control Board tomorrow and see what process needs taken to rescind their initial request. Adjournment of Meeting Councilman Bragg made a Motion to adjourn, seconded by Councilman Matheney. The meeting was adjourned till July 18, 2013 at 6:00 P.M. at the McConnelsville Village Office. John W. Finley Mayor Ellen M. Hemry Fiscal Officer All formal actions of the Village of McConnelsville concerning and relating to the adoption of resolutions and/or motions passed at this meeting were adopted in a meeting open to the public, in compliance with the law, including Section of the Ohio Revised Code.

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