COUNCIL. May 29, 2012 at 7:00 o clock P.M.

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1 COUNCIL May 29, 2012 at 7:00 o clock P.M. Village council met in regular session on the above date and time in the council chambers of the Municipal Building with Mayor Frank Leghart presiding over the meeting. NEWS MEDIA: Nancy Schaar (Times Reporter), Leigh Ann Rutledge (Free Press), and Georgette Huff (Mr. Thrifty). VISITORS: Fran Leghart, Cathy Mills, Mike Leslie, Blaine Strawder, Ken Skinner, Chief Ron Yeager, Chief Tom Mesler and Ken Joseph. CALL TO ORDER: Mayor Leghart called the meeting to order at 7:00 o clock P.M. and those present recited the pledge of allegiance. WELCOME: Mayor Leghart welcomed the new council member Christopher Barto, who has already been sworn in to fill the vacant council seat. ROLL CALL: Dan Locke, here; Andy Gonda, here; Mary Ann Miller, yes; Chris Barto, here; Luke Grimes, here and Wilma Lambert, yes. Also present were Village Solicitor, Clark Battista; Village Administrator, Dennis Roudebush and Clerk-Treasurer, Judi Noble. MINUTES: Locke moved, seconded by Grimes to approve the minutes of the May 14, 2012 public hearing as written and presented. Roll call: Gonda, yes; Miller, yes; Barto, abstained; Grimes, yes; Lambert, yes; and Locke, yes. Vote being 5-1-0, motion carried. Locke moved, seconded by Gonda to approve the minutes of the May 14, 2012 regular council meeting as written and presented. Roll call: Gonda, yes; Miller, yes; Barto, abstained; Grimes, yes; Lambert, yes; and Locke, yes. Vote being 5-1-0, motion carried. VACANT COUNCIL SEAT: Mayor Leghart informed that as Mr. Barto was filling the vacant seat on council and the committees that Mrs. Hendrix held. He will be on the legislative committee, street and alley committee and chair the safety committee. SUPERVISOR REPORTS: Monthly reports were given by Chief Mesler, Chief Yeager, Street Superintendent Ken Skinner, Building/Zoning Inspector Blaine Strawder and Water/Sewer Superintendent Mike Leslie. COMMITTEE REPORTS: As follows: FINANCE COMMITTEE: Locke advised the committee met this evening and discussed the following: a) TRUCK FOR STREET DEPARTMENT: Two bids were received for a Ford truck for the street department with a snow plow package, but not the plow. The truck can use gas and natural gas. Guess Motors submitted the lowest bid and committee is recommending that purchase. Following further discussions, Locke moved, seconded by Gonda to purchase the truck from Guess Motors at the lowest bid. Roll call: Gonda, yes; Miller, yes; Barto, yes; Grimes, yes; Lambert, yes; and Locke, yes. Vote being 6-0, motion carried. 1

2 b) ELECTRIC DEREGULATION: Discussed different electric agencies and committee felt the Village should remain with AEP. c) OIL/GAS LEASE: Advised that Chesapeake has withdrawn their offer, but Rex Energy has offered $3, per acre with 20% gross royalties. They are interested in 267 acres for 5 years with an additional 3 year option with a no drill clause. The Village has received the lease offer, but the Village Solicitor has not yet reviewed it. Committee is recommending going with the lease after the Village Solicitor has reviewed the terms. Gonda moved, seconded by Lambert to authorize the Village Solicitor to prepare an ordinance for the oil/gas lease with Rex Energy. Roll call: Miller, yes; Barto, yes; Grimes, no, Lambert, yes; Locke, no and Gonda, yes. Vote being 4-2, motion carried. Village Solicitor informed the Village must advertise for bids according to Ohio law. Thereupon, Barto moved, seconded by Lambert to advertise for lease bids for five (5) consecutive weeks beginning on June 7, 2012 through July 5, Roll call: Grimes, yes; Lambert, yes; Locke, no; Gonda, yes; Miller, yes; and Barto, yes. Vote being 5-1, motion carried. WATER/SEWER COMMITTEE: Grimes informed the committee met this evening and discussed the following: 1) LINCOLN AVENUE PROJECT: Informed the Village has received two (2) bids that are above the engineer s estimate of $510,000. The two bids received were from Wenger Excavating for $557, and S.E.T. for $560, The committee is recommending applying for an OWDA loan for $100,000 to cover the difference. 2) WATER/SEWER TRUCK: Committee discussed the purchase of a F250 truck for the water/sewer department to replace one of their trucks. Following further discussions, Grimes moved, seconded by Lambert to advertise for bids for a F250 truck for the water/sewer department.. Roll call: Lambert, yes; Locke, no; Gonda, yes; Miller, yes; Barto, yes; and Grimes, yes. Vote being 5-1, motion carried. VARIANCE REQUEST GRANTED: Lambert advised the Zoning Board of Appeals met this evening and discussed a variance request for a non-conforming use permit for the property located at 44 Second St. SE to be used for office purposes. The Board approved the request and the Building/Zoning Inspector will issue the non-conforming use permit. CLERK S REPORT: None. VILLAGE ADMINISTRATOR S REPORT: Village Administrator handed out a list of several items he is currently working on and briefly discussed some of them as follows: LINCOLN AVENUE PROJECT: There were two bids received and we are looking into additional funding. SALT ORDER: We have received delivery of the minimum salt order for the salt contract and it will be stockpiled until needed. PARKS: The parks have been planted and mulched. The gazebo has been painted thanks to local clubs and organizations. 2

3 MCCOOK HOUSE CELEBRATION: The event took place this past weekend. The number of attendees was down considerably from last year. TRASH CONTRACT: The contract with J & J will expire at the end of 2012 and we will need to think about any changes that we could propose. Advised there have only been a couple of complaints about J & J and those were handled fairly quickly. MOODY AVENUE: We have received an estimate to crack seal Moody Avenue along with an estimate for pavement technology to preserve and reverse the aging process of that same street. STREET AND ALLEY COMMITTEE MEETING: Set a meeting for June 11, 2012 at 6:00 o clock P.M. URS: Met with representatives to further discuss the water treatment plant project. CARROLL COUNTY S FUTURE COMMITTEE: Have been asked to serve on the committee which is organized through the Chamber office to consider some issues regarding the gas/oil industry and the effects on the community. WWTP MONTHLY MEETING: Attended the monthly meeting on the wastewater treatment plant with contractors, engineer and funding authorities. MAYOR S REPORT: ORDINANCE # : An ordinance enacting Section to the Codified Ordinances of Carrollton, Ohio. Mayor Leghart gave Ordinance # the third and final reading. Grimes moved, seconded by Locke to approve Ordinance # During discussion Gonda questioned how the ordinance was to be enforced. Village Solicitor stated it would be by citation. Gonda expressed concerns with putting a burden on the landlords and other issues were discussed. Roll call: Lambert, no; Locke, yes; Gonda, no; Miller, yes; Barto, yes; and Grimes, yes. Vote being 4-2, motion carried. ORDINANCE # : An ordinance approving the subdivision of certain property currently owned by Patricia A. Fluharty and modifying Lots 41 and 43 in the original plat of Centerville, NKA Carrollton, Ohio. Mayor Leghart gave Ordinance # the second reading by title only. ORDINANCE # : An ordinance authorizing the entering of an agreement with Ohio RCAP for maintenance of the GIS database. Mayor Leghart gave Ordinance # the second reading by title only. ORDINANCE # : An ordinance authorizing a salary increase for the working Street Superintendent. Mayor Leghart gave Ordinance # the second reading by title only. ORDINANCE # : An ordinance amending ordinance No to amend the rates of pay for all full-time and part-time hourly, non-probationary employees and to amend the length of service increases of all full-time, hourly, non-probationary employees. 3

4 Mayor Leghart gave Ordinance # the second reading by title only. ORDINANCE # : An ordinance amending the zoning designation of certain property currently owned by Daniel R. Ries and Thomas W. Parker. Mayor Leghart gave Ordinance # the first reading by title only. ORDINANCE # : An ordinance re-establishing the price for sale of bulk water by the Village of Carrollton. Mayor Leghart gave Ordinance # the first reading by title only. ORDINANCE # : An ordinance establishing fees for the acceptance of septage in the Village of Carrollton. Mayor Leghart gave Ordinance # the first reading by title only. ORDINANCE # : An ordinance authorizing the entering of a contract with Integrity Carpet Cleaning to provide cleaning services to the Village of Carrollton, Ohio and declaring it an emergency. Mayor Leghart explained the emergency was that the present contract expires on May 31, 2012 and he thought the Village Administrator could enter into another contract without being done by ordinance. Village Solicitor informed that by entering into the contract by Ordinance was a better way of handling the contract even if it had to be an emergency. Locke moved, seconded by Gonda to suspend the rules for three readings. Roll call: Gonda, yes; Miller, yes; Barto, yes; Grimes, yes; Lambert, no and Locke, yes. Vote being 5-1, motion carried. Mayor Leghart gave Ordinance # the first and only reading as an emergency. Locke moved, seconded by Grimes to approve Ordinance # During discussion Lambert stated she felt we need the contract but it shouldn t be an emergency and Miller noted that the contract was with an increase. Mayor explained that without the emergency, there would be no cleaning services until a regular ordinance was passed. Village Administrator provided a copy of the contract to all council members. Mayor informed the increase was to cover the cost of supplies that the contractor would be supplying rather than the Village purchasing them. Roll call: Gonda, yes; Miller, yes; Barto, yes; Grimes, yes; Lambert, yes; and Locke, yes. Vote being 6-0, motion carried. ORDINANCE # : An ordinance authorizing application for Ohio Water Development Authority funding, and declaring it an emergency. Mayor explained that the reason for the emergency was the application has to be filed no later than June 15 th to be considered for funding. Grimes moved, seconded by Locke to suspend the rules for three readings as an emergency. Roll call: Lambert, yes; Locke, yes; Gonda, yes; Miller, yes; Barto, yes; and Grimes, yes. Vote being 6-0, motion carried. Mayor Leghart gave Ordinance # the first and only reading as an emergency. Grimes moved, seconded by Lambert to approve Ordinance # Roll call: Lambert, yes; Locke, yes; Gonda, yes; Miller, yes; Barto, yes; and Grimes, yes. Vote being 6-0, motion carried. PAYMENT OF BILLS: Locke moved, seconded by Gonda to approve the bills for payment. Roll call: Gonda, yes; Miller, yes; Barto, yes; Grimes, yes; Lambert, yes; and Locke, yes. Vote being 6-0, motion carried. 4

5 PUBLIC: Ken Joseph, a landlord, expressed his concerns with Ordinance # possibly being unconstitutional for the landlord to be required to provide their client list and he will not comply and will challenge it. COUNCIL: Nothing. PRESS: Questioned the truck bids and was informed the bid from Wendell Ford was $23, and the bid from Guess Motors was $21,436.58, which includes a snow plow package. Also questioned the cut-off date for the oil/gas lease bids; what property the variance was for; if there was an automatic renewal of the J & J contract and the amount of increase in the cleaning contract. Clerk explained where the property was located being 44 Second St. SW and Mayor stated there is a 3 year renewal clause on the trash contract but no prices are quoted and explained the increase in the cleaning contract. GAS/OIL LEASE BID DEADLINE: In discussing the deadline date for the bids for the oil/gas lease bids, Locke moved, seconded by Gonda to have the bids due on July 13, 2012 at noon. Roll call: Gonda, yes; Miller, yes; Barto, yes; Grimes, yes; Lambert, yes; and Locke, yes. Vote being 6-0, motion carried. ADJOURNMENT: No further business, Grimes moved, seconded by Gonda to adjourn at 8:08 o clock P.M. Roll call: Lambert, yes; Locke, yes; Gonda, yes; Miller, yes; Barto, yes and Grimes, yes. Vote being 6-0, motion carried. FRANK LEGHART, MAYOR /s/ Judi Noble Judi Noble, Clerk-Treasurer Published on Village of Carrollton website May 31,