The regular meeting for the Council of the Village of Monroeville came to order on Tuesday, August 10, 2010 at 7:00 PM.

The Pledge of Allegiance to the flag was recited by those present.

Present at Roll Call: Karen Reer And: Sharon Miller, Mayor

Christina Raftery Bonnie Beck, Clerk-Treasurer

Don Wangler Mike Goodwin, Administrator

Terry Reed Jim Barney, Solicitor

Also attending: David Schibley, and Aaron Krause from the Norwalk Reflector.

The following bills were presented for payment:

1. Speedway SuperAmerica LLC $ 2,117.29
2. Columbia Gas of Ohio Inc 678.10
3. Wal-Mart Community 15.13
4. Advanced Computer Connections 209.00
5. V & S Schuler Engineering 3,514.00
6. First Communications LLC 872.16
7. Nextel Communications 63.77
8. Staples Credit Plan 95.86
9. GreatAmerica Leasing Corp 114.50
10. Frontier Online 19.99
11. New Haven Supply Co 33.72
12. Clerk’s petty cash 88.91
13. Treasurer State of Ohio 1,800.00
14. United States Post Office 88.00
15. Monroeville Community Elementary Athletic Committee 25.00
16. Michael Davidson Jr 89.71
17. Nathan & Stella Rogers 181.59
18. OPERS 6,441.63
19. Robert Flagg 149.43
20. Doreen Ebinger 121.77
21. Payroll Account 29,455.29
22. Croghan Colonial Bank 396.08
23. Power Line Supply Co 240.32
24. The Ohio LTAP Center 30.00
25. Fair Publishing 257.91
26. Betschman Security Inc 85.00
27. H & L Biosolid Management 693.00
28. Jone & Henry Laboratories Inc 160.00
29. GPD Associates 9,031.00
30. Fisher-Titus Medical Center 97.00
31. David Price Metal Services Inc 45.00
32. Fitzgerald Body Shop 26.20
33. Nextel Communications 108.65
34. Umpires for summer leagues 410.00
35. Dayton Legal Blank Inc 302.80
36. East Side Tire 320.24
37. Barb Herner 10.00
38. Jamie Smith 25.00
39. Medical Mutual of Ohio 13,682.67
40. Payroll Account 30,852.14
41. Croghan Colonial Bank 453.13
42. GGJ Inc 200.00
43. City of Norwalk 5,199.99
44. Dickman Directory Inc 99.00
45. American Municipal Power 800.00
46. U S Evaluations Inc 645.00
47. Arbor Day Foundation 10.00
48. City of Norwalk 74.00
49. Village of Monroeville 17,382.75
50. AMP payments 300,060.89
51. U S Postal Service 202.76
52. Michael Tommas 25.00
53. Rosati Sales Inc 840.77

     

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54. Riley Materials Inc 238.65
55. Norwalk Reflector 33.48
56. Staples Advantage 33.36
57. Tractor Supply Credit Plan 84.89
58. Seagate Office Products 42.58
59. Treasurer State of Ohio 217.83
60. Frontier 88.75
61. Courtney & Associates 100.00
62. Vaughn Ind 8,498.50
63. Jones & Henry Laboratories Inc 370.00
64. O E Meyer Co 5.58
65. Maple City Saw & Mower 15.75
66. GreatAmerica Leasing Corp 265.00
67. Rhonda Thompson 117.03
68. Natalie Jenks 80.98
69. Norwalk Municipal Court 232.00
70. Monroeville Utilities 173.36
71. Fisher-Titus Medical Center 58.00
72. Hach Company 825.32
73. Bonded Chemicals 5,097.36
74. Riley Materials 36.14
75. H & L Biosolid Management 1,039.50
76. Power Line Supply Co 115.21
77. Stang Automotive Service 96.43
78. Brohl & Appell Inc 1,070.43
79. Norwalk Reflector 39.06
80. Huron County Sheriff 361.00
81. New Haven Supply Co 159.95
82. Roesch Associates Inc 9.10
83. Kocher & Gillum 1,312.00
84. Allied Waste Services 88.57
85. GPD Associates 6,801.18

EXCUSAL OF COUNCIL MEMBER

Bonnie reported that Mark Rupp has asked to be excused as he is on vacation. Melissa Fries made a motion, seconded by Karen Reer, to excuse Mark from tonight’s meeting. No discussion. All voted "yea." Motion carried.

APPROVAL OF AGENDA

Mayor Miller asked for a motion to amend the agenda to include Ordinance 2010-13. Chris Raftery made the motion, seconded by Melissa Fries. No discussion. All voted "yea." Motion carried. Don Wangler made a motion, seconded by Terry Reed, to approve the agenda as amended. No discussion. All voted "yea." Motion carried.

APPROVAL OF FINANCIAL REPORT

Chris Raftery made a motion, seconded by Melissa Fries, to approve the July 2010 financial reports as presented. No discussion. All voted "yea." Motion carried.

DISPOSITION OF MINUTES

Terry Reed made a motion, seconded by Don Wangler, to approve the minutes of the July 13, 2010 regular Council meeting and the July 22, 2010 Special Council meeting as presented. No discussion. All voted "yea." Motion carried.

OPPORTUNITY FOR CITIZENS TO ADDRESS COUNCIL

David Schibley asked Council why they were picking on Pean’s Pizza, and referenced the article in the Norwalk Reflector. Karen replied that Council was not picking on him; he has not complied with permit applications. Mayor Miller stated that Mr. Pean was made aware of the Zoning Code regulations when the building was torn down. He has not been singled out, she continued, as there have been several parking lots within the Village that have been paved in the past few years and the owners followed the regulations. Mr. Schibley asked about the school’s parking lot. Jim Barney responded that the school is a separate political entity and therefore there is a different set of rules that would be followed. Mr. Schibley asked about a parking lot at Clark Park, and the Mayor said the Park has just started to be constructed. Mike added that the school and Clark Park would have paved parking lots. Mayor Miller reiterated that Mr. Pean was made aware of the requirements from the beginning. Mr. Schibley said he would like to see the blacktopping rule repealed. Jim Barney stated that Mr. Pean doesn’t comply with about eight diffferent zoning issues, not just the paving one. He hasn’t complied with anything since the house was torn down, and he has said that he wasn’t going to to do what he was asked, even though it’s

the law. Mr. Schibley said he would make a motion to get paving off the books. Jim Barney said he was not Mr. Schibley’s legal counsel. Mayor Miller stated that there is a process for repealing this from the Zoning Code, even though others have complied. Mike stated that this is our zoning, and part of is actually Ohio law. He asked where repealing portions of the Zoning Code would stop and become unsafe for the citizens of our community. Mike added that this issue goes back to 2005. Karen stated that no one wanted it to come to this, and even though we tried to work with him, he still has to follow the rules and regulations.

ADMINISTRATIVE REPORTS

Administrator – Mike reported that a meeting has been scheduled with Jones & Henry on or about the 16^th to discuss their scope of services for the WWTP design work and associated fees. This would be a good Issue I project, he noted. Mike said he reviewed three parking areas in the Village and determined that some changes should be made due to non-compliancy with parking spaces. Mike referred to his report, noting that there could be more parking spaces that are non-compliant. It’s been estimated that

it would cost about $886 for signs, posts, etc., and he emphasized that everyone should be made to follow the rules. ODOT is scheduled to begin resurfacing Rt 99 on August 23^rd at Rt 162, and should be in Monroeville by September 1. The South Ridge Street sewer project should be completed by then. Mike stated that the young man who worked here through the County program did not fit and will not be returning here to work. He also noted that he has contacted three contractors to provide quotes for the list of streets that were previously approved for resurfacing. His hope is to get at least 3 or 4 streets paved yet this year. Mike stated that the Broad Street water tower is not in good shape, and he believes it should be inspected. Norman Noe comes highly recommended, as they know tanks in and out. He said GGJ recommended Liquid Engineering, but he did some research and Noe studies the EPA mandates and appear to be more detailed in their inspection reports. We could save $300 if we sign the agreement within 30 days of the quote. Terry asked when the tank was last inspected, and no one knew. The requisition approval is on tonight’s agenda. Mike concluded that two AMP projects have been presented for Council’s consideration. Clerk-Treasurer - Bonnie further explained that John Courtney has recommended that we be a full participant in the Efficiency Smart Power Plant project, but he’s still waiting on more information from AMP on the solar energy project. He recommended that we present the solar energy legislation for first reading, and if he determines that we shouldn’t participate the ordinance can simply die. The Efficiency Smart Power Plant legislation and associated agreements have to be fully executed by September 30^th, so that one is being presented for passage.

Mayor - Mayor Miller reporterd that Safety Town went well this year, and commended Officer Kimball for donating his days off to help with the program. The Mayor stated that she would like to recommend the appointment of Gary Rasnick and Jason Kamann to the Board of Zoning Appeals, and asked for Council’s approval. Chris Raftery made a motion, seconded by Melisaa Fries, to approve the appointments as recommended. No discussion. All voted "yea." Motion carried. Letters of appreciation will be sent to Jackie Schafer and Theresa Fries for their time served on the BZA, and copies of the Zoning Code will be provided to Gary and Jason with a welcome letter.

BOARD/COMMITTEE REPORTS

HRJFD - Terry reported that the firemen attended the Basket Festival last weekend so they could show off the new fire truck. Tom Beck’s contract was extended for six months, and Debbie Ewell was re-appointed as the Clerk. Recreation Board - In Mark’s absence, no report was given.

ORDINANCE 2010-11 SOLAR ENERGY SCHEDULE/AMP INC

An Ordinance to approve the form and authorize the execution of a solar energy schedule with American Municipal Power Inc. and taking other actions in connection therewith regarding solar electric generation was presented for first reading. No discusson.

ORDINANCE 2010-10 PROHIBITING PEDDLING/SOLICITATION

An Ordinance prohibiting peddling, transient dealers and solicitation, and repealing Ordinances No 97-27 and Chapter 721 of Monroeville’s Codified Ordinances was presented for first reading. Karen asked if this Ordinance would cover school kids who sell candy bars, etc. Jim Barney said that yes, they should be included , but he doesn’t think they would be prohibited from selling candy, etc. He noted that Captain Bond wants to add another section to the legislation for some exceptions.

RESOLUTION 2010-10 MARC RUGGLES AGREEMENT/LEASE OF REAL PROPERTY

A Resolution authorizing the Village Administrator to enter into an agreement with Marc Ruggles of Norwalk, Ohio for the lease of real property was presented for third and final reading. Chris Raftery made a motion, seconded by Don Wangler, to adopt Resolution 2010-10 on third reading by title only. No discussion. All voted "yea." Motion carried.

RESOLUTION 2010-12 OPWC /WASTEWATER TREATMENT PLANT PROJECT

Wastewater Treatment Plant Project and to execute contracts as required, and declaring an emergency was presented for adoption. Chris Raftery made a motion, seconded by Terry Reed, to suspend the

rules. No discussion. All voted "yea." Motion carried. Melissa Fries made a motion, seconded by Karen Reer, to adopt Resolution 2010-12 by title only. No discussion. All voted "yea." Motion carried.

ORDINANCE 2010-12 EFFICIENCY SMART POWER PLANT SCHEDULE/AMP INC

An Ordinance to approve the execution of an Effidiency Smart Power Plant schedule Gorsuch Participant with American Municipal Power, Inc. and declaring an emergency was presented for passage. Chris Raftery made a motion, seconded by Melissa Fries, to suspend the rules. No discussion. All voted "yea." Motion carried. Terry Reed made a motion, seconded by Karen Reer, to pass Ordinance 2010-12 by title only. No discussion. All voted "yea." Motion carried.

ORDINANCE 2010-13 AMEND/SUPPLMENT

An Ordinance amending, supplementing or reducing certain funds for appropriations Ordinance No 2010-04 was presetend for passage. Melissa Fries made a motion, seconded by Chris Raftery, to pass Ordinance 2010-13 by title only. No discussion. All voted "yea." Motion carried.

PRESENTATION OF BILLS

Don Wangler made a motion, seconded by Terry Reed, to pay the bills as presented. No discussion. All voted "yea," Motion carried.

PRESENTATION OF REQUISITIONS

The following requisitions were presented for approval: 1) Norman Noe Co Inc - $3995 for the inspection and report on the Broad Street water tower; and 2) HD Supply - $1800 for the purchase of a new fire hydrant for stock. Karen Reer made a motion, seconded by Chris Raftery, to approve the requisitions as presented. No discussion. All voted "yea." Motion carried.

COUNCIL BUSINESS

Don asked about the signs for parking. He said Norwalk has some signs that say "Sunday Parking Only" and asked if we could do something like that. Melissa stated that if it’s not safe any other day of the week, why would it be any safer on Sunday. She emphasized that this is a safety issue. Mike said that all parking spaces should be compliant with either the ORC or our own zoning code – if it’s not a legal parking spot it shouldn’t be used for parking. Don commented that this is a horse and buggy town and we have people parking on the tree lawns – are we going to ticket them, too? Mike acknowledged that parking is an issue, and we need to start doing what’s right and follow the rules. He added that we need to enforce the rules across the board regardless of who it is, but there will be some people who will be grandfathered in. Mayor Miller stated that it’s a school issue, too, not just a Sunday morning issue, as parents park all over the place when they pick their children up from school. Discussion. Jim Barney was asked if the Village was liable for any parking issues, and he replied that there is some liability for the Village if we continue to allow illegal parking and someone gets hurt or injured. Don asked when the last time was that this happened. Mayor Miller pointed out that we faced the same issue with the Marsh Field fence replacement - we had the fence for 30 years with no incidents, but with the deteriorated condition of the fence we couldn’t risk having someone get hurt on it. She added that the Chief has told her several times that it’s hard to uniformly enforce the parking issues, and that we’d be setting a precedence if we didn’t enforce uniformly. Discussion. Mike mentioined the crosswalk rules, wheras no parking is allowed within 30 feet of a crosswalk. Terry stated that it’s hard to be this way with our businesses, and since we’re a horse and buggy town if we have no businesses we have no village. David Schibley asked if we were just talking about public parking, and he was told "yes." Mayor Miller asked what Council wanted to do about this matter. Chris suggested letting Mike finish his research and report his findings to Council, then a determination can be made. Karen stated that Clark Park is coming along, and that there have been two 8-hour Saturdays put in. She commented that good things like this never get in the newspapers.

ADJOURNMENT

There being no further business to discuss Don Wangler made a motion, seconded by Melissa Fries, to adjourn. No objections were voiced. The meeting adjourned at 7:40PM.

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Bonita Beck, CMC, Clerk-Treasurer