Record of Proceedings Village of Bremen Council Meeting November 23, 2009

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Record of Proceedings Village of Bremen Council Meeting November 23, 2009 The Council of the Village of Bremen was called to order in regular session by Mayor Moyer at 7:00pm. Members present were Jeff Kestner, David Smith, Debbie Wolfe and Jane Wolfe. Motion by Kestner to approve the minutes as written with noted corrections. Second D. Wolfe. Motion passed. Copies of the Fund Status were given to Council. Guests and Residents: Karen Shuttleworth: Melinda Smith: Residents of Ruff Drive were present at the meeting and permitted to speak at the request of Mayor Moyer. This group came to update Council that Mr. Rosenthal was no longer their attorney on the matter. It was decided between Council President and public notary, Jane Wolfe, Administrator, Joe Barber and the residents of Ruff Drive that they would tentatively meet next Monday, November 30 at 7:00 p.m. at the Village Offices to sign paperwork. Joe reported he spoke with our attorney, Mr. Stankunas the morning of the Council meeting and the contract agreed to at the beginning was still good and able to be used. There have been name changes, however, the contract language itself had not changed. The Ruff Drive residents said that the previous Town Crier newspaper indicated that everyone had signed except Shelly Boring s brother. Debbie Wolfe spoke and said that she mentioned that at the previous council meeting and it was her mistake. The residents wanted to know when they could expect their reimbursement money in this matter from the Village. It was first suggested that they wait until the next regularly scheduled Council meeting. Mayor Moyer also later suggested that a special meeting be held in order to pay these residents in a more expediate fashion.

Connie Moyer: Chamber of Commerce President, Connie Moyer came to the Village Council meeting in order to provide information to Council regarding upcoming events in the Village. Connie passed out fliers for the following events: Olde Tyme Village Christmas : A free old-fashioned family Christmas celebration being held December 19, 2009 from 9am-1pm. Olde Tyme Village Christmas Dinner : A family style dinner served at the Historical Society starting at 6:15 pm. Tickets must be purchased in advance at a cost of $10 per person. Contact Jean Doan for tickets at 740-569-7313. Olde Tyme Village Christmas Nighttime Lighted Parade : This event will be held December 19, 2009 at 5:00pm. The parade route will begin on Strayer Avenue and will continue onto Marietta Street, turn on 664 and come up Main Street and end on Mulberry Street. Due to being an evening event, candy throwing is prohibited, however treat bags will be assembled and passed out at the end of the parade to children at Dowling Park during the clock lighting. To participate in the parade, application, liability & insurance waivers and children s treat donations must be returned by December 4, 2009 to Bremen Chamber office to participate in the parade. Additional info about the parade can be provided by Jane Snider, from Bremen United Methodist Church at 740-743-2696. Parade Route Decorating Contest : To help replenish the Bremen Food Pantry, a Peoples Choice Contest will be held for those home aligning the parade route. From December 6 through December 19 people who are participating by decorating their homes in Christmastime Fashion will place containers on their front porch labeled We hunger for good cents which each homeowner will take in nightly. Residents are encouraged to deposit money to vote on your favorite holiday home. The home which receives the most money wins the Peoples Choice Award and a $50 gift certificate from a chamber member of their choice. Residents wanting to participate should call the Bremen Chamber office at 569-9150. Upon receiving these fliers, Connie mentioned that this was Fairfield County s first lighted parade. She also said that Troy Tripp is in charge of the clock lighting and dedication and Mr. Terry McGhee will be one of the speakers for this event. Connie also asked the Village Council if they would have a float in the evening parade. She offered that Village to use the billboard on Dr. Wilsons building to use on their float.

Dave Smith expressed concern about the parade route using route 664 and wanted to know if plans were made to block this off and contact the Ohio Highway Patrol. Connie asked Dave if he would look into that and he agreed he would. Joe Barber suggested that the Methodist Church (in charge of the parade) contact the Fire Department. Don Spangler: Mr. Spangler came to Council to talk about the Village Administrators position. He said that Joe Barber was in charge of the Water Board and all Village personnel. He said that Village Council should not interfere with Joe s job. He argued that Council could not pass out information to the public asking them to call into the Village offices to take polls on services provided by the Village. Debbie Wolfe responded to Mr. Spangler as it was a publication by Debbie that Don was referring to asking residents to call into the Village Offices if they supported a schedule for leaf pick-up. Debbie said that she was trying to get a feel from residents about the need for a schedule. She also contacted Joe prior to the publication going out to tell him of her intentions. Joe responded that only a couple of calls came in response to the publication. Don Spangler said this matter could be taken up with the Ethics Committee as it was part of Debbie s election campaign to provide scheduled leaf pick up to the residents. Police Report: Deputy Shell passed out the statistics for the months of January through October of 2009. Statistics show a 4 month period without any break-ins in Bremen, however a number of break-ins were reported in Bremen and there were suspects which had warrants issued to them. Deputy Shell said that the Village was quiet with no issues. Mayors Report: Mayor Moyer read the resignation letter from Susan Schoenlaub to Council. There will be a vacancy in the Council that needs to be filled. Jane Wolfe said that if they postponed the vote, Council would not be eligible to vote as the 30 day time frame would be over and the Mayor would be given the opportunity to appoint.

Village Council has 30 days to fill this position. Mayor Moyer asked council to go into executive session. Motion by Kestner, Second D. Wolfe to go into Executive Session to discuss open council position. Kestner, yea, Smith nay, D. Wolfe, yea, J. Wolfe, yea. Council did not go into Executive Session. Mayor Moyer asked that the position be put in the paper 3 times before next meeting. Clerk-Treasurer s Report : This report included: November 19, 2009 from 9:00 4:00 the Clerk attended a summit on Local Government Sustainability Points of this meeting discussed by Clerk: - Implementing a 5-year comprehensive budget that would be worked out through the budget and finance committee and passed with our annual appropriation budget at year end 2010 along with annual budget 2011. - Housing market predicted to hit bottom mid-year 2010; economic downturn not as prevalent in urban areas. - Residents saw taxes go down 2% and home value went down 10%. - Revenue outlook for 2010 expect to see growth in 2 nd half, however, not enough to compensate for big declines in 2008 and 2009. - Casino (Issue III) revenues: Estimated revenue for Ohio is 643 million dollars; 4 casinos will be in operation in Ohio; 51% revenue to County s, 34% revenue to schools, 5% to host city and 10% other purposes. Administrator s Report: The Village Administrator gave his report Highlights of the Report include: Water Department working this week on drain on Main Street around the clock. Leaves being picked up by Street Department (all picked up by Wednesday before Thanksgiving). Westermans change the zoning on edge of town Three new ordinances for tonight for a first reading Kelley Tripp submitted a thank you letter to Village for use of Howell Park for the 7 th Annual Bremen Pumpkin Walk.

Mayor Moyer asked the Clerk to explain the problem with the Sunoco cards over past week. The Clerk explained that the billing clerk was on vacation and the Administrator was opening and sorting mail. Joe nor I remember seeing a bill from Sunoco that came in. When Fran had come back and the next bill from Sunoco was received it showed a past due balance. Both Fran and the Clerk called Sunoco several times trying to get an invoice for the previous due amount. Finally that was faxed to the office after several phone calls. Fran began trying to determine how the amount should be divided between the funds as this is the job of the administrator. Fran spent a few days on this and even overtime, later approved by the Administrator to figure out this bill. In the meantime, because payment was delayed the cards were turned off. Joe called me and I immediately called Sunoco where the cards were turned back on and payment arrangements made. I reviewed the bills and was able to determine how the funds should be split out to pay this bill. On November 5 payment was sent to Sunoco for the amount previously owed and for the current amount owed. I received a call from Sunoco on Thursday, November 19 that payment had not been received. I gave them the check number and amount sent. I left my class in Columbus early so that I could pay this bill. I faxed that to Sunoco to show we had paid the bill. On Friday, November 27 the cards were again turned off even after payment was sent and faxed. I told Joe that I did not want the guys to use the Sunoco cards anymore. Instead, I asked him to have them use the American Express cards for gas as this company will give us a 5% reward for money spent on gas. Motion by J. Wolfe to approve the payment of bills as written with the exception of the Sunoco bill due for $716.04 as there was a receipt missing for $26.68. When the receipt is recovered, payment can be made. Second Kestner. Motion passed. Committee Reports: Administrative & Safety: Meeting to be held December 10, 2009 at 7:00 in the Village Offices. Budget & Finance : Regular meeting to be held December 3, 2009 at 7:00 in the Village Offices. Design Review Board: No council person for this committee Pool, Parks & Recreation: Nothing Record Commission : Nothing.

Streets & Alleys : Nothing Water & Sewer: Nothing Zoning: Jane Wolfe will fill in for vacant seat and attend this meeting scheduled for December 16, 2009 starting at 6:30 pm. Old Business: Nothing New Business: Motion by Kestner to appoint Susan Schoenlaub to vacant council seat. Second Smith. Mayor Moyer asked for a recess to determine what number of votes were needed to appoint Susan Schoenlaub to the position. The Mayor mentioned that Susan lost the election and does not appear to be the choice of the voting public. Dave Smith reviewed the ORC and determined that it was the majority vote of those council members present. The vote would have to have 3 out of 4 votes to be approved. The Clerk asked if Jane Wolfe could vote since it was concerning the appointment of her sister, Susan Schoenlaub. Jane responsed that she could because they were not living in the same household. Mayor Moyer asked that we call our solicitor, and Joe tried twice to call and get a ruling with no response. Debbie Wolfe asked if there were other candidates that had applied and Mayor Moyer said there was. Debbie asked if this vote could be postponed to review the other candidates. With the motion made and seconded, Mayor Moyer continued the vote. Kestner, yea, Smith, yea, D. Wolfe, nay and J. Wolfe, yea. Motion passed. Ordinance & Resolutions : Resolution 1020 : Resolution for Village of Bremen employees status description Third Reading) Motion by J. Wolfe. Second Kestner. Motion passed. Ordinance 10-13-09 : Ordinance to approve permanent budget for 2010 (Third Reading) Motion by J. Wolfe. Second D. Smith. Motion passed. Ordinance 11-14-09: Ordinance to approve Prosecutors Agreement. (Second Reading) Ordinance 11-15-09: Ordinance for the Village to set office hours. (First Reading)

Ordinance 11-16-09: Ordinance for the Village of Bremen to vacate certain alleys (First Reading) Ordinance 11-17-09: Ordinance to accept Sheriff s contract (First Reading) Around the Table: Kestner - Smith - Wolfe, D- Wolfe, J - Nothing Nothing Regarding Mr. Spangler s issue, she will send information to Mr. Spangler Advertisement for Volunteers for Activites Committee needs to be put on American Legion sign and at Historical Society and around town. Joe said he will take care of this. Nothing Motion to go into Executive Session at 8:08 pm by J. Wolfe to discuss whether to make the Clerk/Treasurers an elected or appointed position and provide to the Administrative and Safety Committee. Motion by Kestner to adjourn from Executive Session at 8:55 pm. Second Smith. Motion passed. Joe Barber wanted to ask again about Ruff Drive and make sure he was correct that paperwork would be done on Wednesday, be in the paper one day and then a quick special meeting scheduled to pay the $3,280 to Ruff Drive residents from Water and General Funds. Next regularly scheduled meeting will be Monday, December 14, 2009 at 7:00 at the Village offices located at 9090 Marietta Road. Jane Wolfe Council President Kelley Tripp Clerk/Treasurer