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Minutes for the July 14, 2011 Regular Council Meeting

7:00 pm at the Town Hall on Division Street

 

1.  Mayor Quinn calls council to order and roll call is taken. Present are M. Feyedelem, G. Finger, D. Kaminski, L. Marchky, and P. Seeholzer. Absent is M. Sennish.

 

2.    All rise and recite the Pledge of Allegiance to the Flag.

 

2.25  Motion to excuse Mary Sennish, made by Kaminski, second by Seeholzer; all in favor; motion carried.

 

2.5  Peter Legere, School Board President, has come to council today to inform members of council about changes in the structure of the Kelleys Island School.  They have adopted the use of an academic model called MAPS. It is a better system for the current students and also may be attractive to students from the mainland. Teachers are being trained in it now. It capitalizes on the special qualities of schools with small learning ratios. Every student will have individual learning objectives and be tested on them. Put-In-Bay School is already using the MAPS (Measures of Academic Progress) system and the Kelleys Island School has developed a relationship with the Put-In-Bay school for some training and testing. For statistical purposes it is considered the Island School, including both Put-In-Bay and Kelleys Island. The MAPS software has the ability to review a student in relation to other Kelleys Island students, local students (Put-In-Bay and Kelleys Island) or compared with state and national levels.  Next year all Kelleys Island students will be issued their own laptop computer through a federal grant program.  There will also be a web-based sophisticated evaluation progress report which is available to teachers and parents. There will also be a student and community component to education with a web based college. Adults will come under the school’s registration and then pay a fee based on a sliding scale for the classes. A Kelleys Island  senior will pay 33% and be supported by 66% from the school. Kelleys Island School has gone to an open enrollment and hopes that this new individualized learning will make the school an attractive option for mainland students.  Kelleys Island School could double the enrollment without increasing costs to run the school.  Kelleys Island offers a safe and stable environment for education. New posters and brochures have been created to announce the changes.  There is a tax issue connected with the school. As long as the school can be retained, the current tax structure can also be retained.  If the Kelleys Island School would close, by State of Ohio law, Kelleys Island would be attached to the Sandusky school and taxpayers of Kelleys Island would then pay the Sandusky school mills rate which is currently 3 or 4 times what Kelleys Island taxes are today. The current school is also giving back a number of mills each year to taxpayers. That would go away and Kelleys Island taxpayers would be paying out 3 to 4 million dollars a year to Sandusky instead of the one million that is currently collected for Kelleys Island.

        Mayor Quinn comments that his father served on the Kelleys Island School Board for a few years and he was concerned about the declining enrollment. Mayor Quinn applauds the school board in addressing the problem.

 

2.6  Representatives from Camp Patmos are here today to talk about the Camp’s pressing need for municipal water.  Tim McClain, Camp Patmos Board member,  explains that Camp Patmos is a spiritually motivated camp whose mission is to encourage young people to have values and morals. The Camp is run by a board of 11 members, including some pastors and some professional people. One of the board members is a senior engineer for a water treatment design firm. He is willing to work on the design of the waterline extension project. The former superintendent of the Norwalk Water Treatment Plant is also a broad member and could work on the project. In June, Ohio EPA told the Camp that it can no longer use its water treatment system for potable water.  They would like to get connected to village water before next year’s summer season. The Ohio EPA told Camp Patmos that they should make arrangements to connect to the village water system.  Scott Stevenson, Village Administrator, said that the Ohio EPA had recently encouraged the Village of Kelleys Island to apply for the financial assistance for the Camp Patmos water line extension. Mayor Quinn asks if the plant capacity is sufficient. Mayor Quinn also asks if Camp Patmos had any grant writers that could generate money for their project.  The Camp Patmos Board member says that he was contacted by an OH EPA affiliated organization about getting a loan to do the project.  Mayor Quinn responded that the village has never had any problem obtaining loans, but it prefers grants.  After further discussion it is evident that Camp Patmos feels it is a stronger position to have the village apply for a loan/grant instead of Camp Patmos.  Camp Patmos does not feel that a grant would be available. Mayor Quinn asks if some of the trenching and digging costs could be shared by the camp. Camp Patmos thinks it will cost $64 a linear foot to go along Monaghan Road to reach the camp.  The Camp Patmos representatives cannot answer if the Camp can pay for any of the trenching and digging work.  Camp Patmos thinks it is 6500 linear feet to go from the Getaway Subdivision to Camp Patmos.  The solicitor says that a meeting should be scheduled with Camp Patmos board members and the Kelleys Island Mayor, Village Administrator, and solicitor. Gary Finger comments that the State of Ohio, 4-H Camp, and the school also own quite of bit of land in the area.

 

2.75 The Public Hearing on the 2012 Tax Budget is opened. The Budget was made available at the office for review, advertised locally as required, and a legal notice was in the Sandusky Register. Members of Council have a copy of the document in their agenda packets.  Council and members of the public have neither questions nor comments.

        Motion to close the public hearing on the 2012 tax budget, made by Seeholzer, second by Kaminski; all in favor; motion carried.

 

3.  Discussion and/or amendments to the June 9, 2011 council minutes. Motion to accept the minutes as written, made by Finger, second by Seeholzer; all in favor; motion carried.

 

5. Discussion of Pay Ordinance No. 1106.  Motion to approve, made by Seeholzer, second by Marchky; RC: Sennish (absent), Feyedelem- yes, Finger- yes, Kaminski- yes, Marchky- yes, Seeholzer- yes; motion carried.

 

7. Committee Reports

 

7.A.  Police- Chief Ehrbar reports that the department had 59 reports filed since the June Council Meeting and answered 237 phone calls. There have been 7 arrests; 45 traffic and misdemeanor tickets issued; 12 warnings given; 3 accidents attended; 10 boat patrols or activities; 10 vehicle lockouts; 1 assist with another agency; and the recovery of one boat and body.  The gasoline and manpower for the Kelleys Island Marine Patrol is still being funded by the Northern Border Initiative. The ODNR grant is going well as boaters like to have their boats inspected. There have been several complaints in reference to parking and traffic in front of the Papa T’s location at Kelleys Landing. The Police Chief indicates that he thinks the placement of the concession should be reviewed for safety considerations, especially since it is attractive to small children who may not be very safety conscious around a busy street. Chief Ehrbar says that he will continue to monitor the situation and continue to report back to council.  Mayor Quinn adds that Chief Ehrbar sent letters to all businesses about the necessity to keep all signage and items off the street right-of-ways.                                                                                    

 

7.B.  Safety Committee- M. Feyedelem reports that the Safety Committee met and the main topic of interest was the four wheeler legislation.  The garage door on the EMS building needs to be fixed. He will call JVS for an estimate of the cost to repair it. Mayor Quinn adds that when Sennish called to say she could not make the meeting tonight, she also indicated that she was no longer in support of the legislation and would like it pulled from the agenda. It has already had two readings.

7.C.  EMS- S. Devine reports that during June there were twenty EMS runs and six clinic calls that resulted in 9 patients treated who refused transport; eight patients transported by Life Flight; two transported by ferry; one assistance to the Police Dept.; and six patients treated in the clinic. Grant money was received from the State of Ohio.

7.D. Fire Dept.-Chief Hostal reports that there were no fire calls in the month of June. Business fire inspections are ongoing and should be finished by the end of the month. The weather has been extremely dry and the Fire Dept. asks everyone to be extra careful with campfires- to keep them within a fire ring and to have water handy. The Firemans’ annual steak fry will be held Aug. 6^th at the VFW Post 9908.

7.E.  Finance- P. Seeholzer reports that the Finance Committee met and went over the tax budget, copies of which members of council have in their packets. The Finance Committee recommends it to council and asks the council’s support and passage today.

7.F.  Lands & Buildings- G. Finger reports that the public restrooms are moving forward and should be complete by Labor Day. The restroom renovation in the Town Hall should also be completed soon. The tennis court and basketball court is being used and it is hoped that the project will be completely done soon.  Buildings are starting to be evaluated for the winter.

7.G.  Airport- Mayor Quinn reports that an Airport Committee meeting was held today to go over the RFQ’s for engineering services. Fourteen announcements were mailed and an ad was placed in the Sandusky Register. Three responses were received: from RS&H, Stantec and Delta. A matrix was listed in the notice about how the respondents would be scored.  Five items in a matrix were considered in the scoring and the points for each part were summed to get the final scores as follows: RS&K 97, Delta 80, and Stantec 77. Reference checks were also done. Based on the scores, the Airport Committee recommends that the village contract with RS&H for another five years.  Currently there are some grant applications that have to be done a.s.a.p. or Kelleys Island will lose some FAA grant money.  Every year the FAA sets aside $150,000 of grant entitlement money for the Kelleys Island Municipal Airport. Grant money can be held for up to four years and Kelleys Island has some unused grant money that it will lose if a commitment to a project is not done before August 1^st.  The project has two stages, first to identify obstructions and second to make a plan to mitigate them.  Obstructions off the airport property are also reviewed. Part of the project is to tear down the Byrne house. RS&H has prepared the FAA grant application and they will send it tomorrow. Another item that needs to be done is that the “residential through the fence access plan” needs to be updated and approved by the FAA by August 2012 or else Kelleys Island will be dropped from the FAA’s funding list.  Motion to accept the Airport Committee’s recommendation that RS&H be the village’s airport engineering consultant for the next five years and to have the solicitor prepare the legislation for the August Council meeting, made by Finger, second by Seeholzer; all in favor; motion carried.  Mayor Quinn says that work order #6 has been prepared and it will obligate FAA funds. Motion to authorize Mayor Quinn to execute Work Order #6, made by Seeholzer, second by Finger; all in favor; motion carried.  Motion to submit the grant application to the FAA, made by Seeholzer, second by Finger; all in favor; motion carried.

7.H.   Planning Commission- G. Finger reports that there have been two requests for a Planning Commission Meeting, to discuss and review 1.) a zoning change request and 2.) a fence issue.  Clerk Brown sent the request to the clerk of Planning Commission. Solicitor Lambros clarifies the fence issue to say that it cannot be treated at a Planning Commission Meeting until an actual application is received by the Zoning Inspector.

7.I.  Design Review Board- Finger reports that no meetings were needed.

7.J.  Board of Zoning Appeals- G. Finger reports that there have been no filings.

7.K. Transfer Station- Marchky reports that the quarterly inspection by Erie County found that the physical area at the Transfer Station is all in order.

7.L  Water Dept.- Village Administrator reports that the EPA inspected the water plant and found everything to be OK. They had some recommendations. They were impressed by the water plant’s operation.  The Water Dept. is working on obtaining a 1 to 5 gallon water dispenser for the public. During the July 4^th week end the usage was down over 34,000 gallons. The Department is working on getting a small nozzle for selling bulk water at the plant. During the week of July 25^th a contractor will start the spray injection application on West Lakeshore Drive from Division Street to Cameron Road.  The Village’s contractor applied 3,000 gallons of dust control product on various roads this month and another 3,000 gallons is scheduled for Monday. The Ohio EPA was in today to inspect the product information, due to some complaints from the public. After reviewing the information the Ohio EPA representative did not indicate that there were any problems. The Village Administrator will get an estimate from Precision Paving for paving or tar & chip on the roads in Sweetbriar for a more permanent solution. 

7.M.  Streets & Sidewalks- L. Marchky brings up the actions of Herbst Excavating which has done some road openings without first obtaining road crossing permits and therefore no village representative had the opportunity to check the work and tamping before the opening was closed. Marchky would like to see Herbst Excavating notified about the village laws regarding road openings and the need to follow the rules. There have been complaints about the deterioration of the road where Herbst last worked, even though the road was graded the same day as the work was performed.

7.N. Park Board- Jim Erne reports that the Village of Kelleys Island Park District and Recreation Board met today. They are the vehicle for accepting the Western Reserve Land Conservancy property that was formerly known as the Huntley Quarry. Other properties on Kelleys Island are also being negotiated. Minutes of the Park Board Meeting are on file at the Administrative Offices.  The Park Board plans to be active and wants to hear from the community what they want to see done in the parks. Clerk-Treasurer Brown attended their meeting and explained what funds are available to them.  Mayor Quinn says that he appreciates the excitement they have as a Park Board and they have also been involved in decisions about other village parks. He continues by thanking Jim Erne for all the personal time he has been donating to the parks.

        Mayor Quinn reports that when the basketball/tennis court was resurfaced and Kreimes said they would seal and then stripe the court. The court was striped recently for the basketball tournament. Kreimes investigated what was recommended for sealing sports’ courts and they were told not to use the typical asphalt parking lot sealer as it comes off on shoes and could transfer to other surfaces. The court needs a 2 part acrylic sealer with sand, and then to be striped again. The cost for the special sealer is $5,800 and it is supposed to last for ten years. This project was started before the Park Board was re-constituted and Jim Erne indicates it is Ok. Motion to authorize up to $5,800 for proper sealing and striping of the basketball/tennis court and to use Starkweather Fund money to pay for the work, made by Seeholzer, second by Kaminski; all in favor; motion passed.

7.O.  Mayor’s Financial Report- Mayor Quinn says that members of council have the report.

7.P   Legal- D. Lambros has no report.

7.Q  Treasurer’s Report- C. Brown  reports that members of council have the usual fund and treasurer’s reports in their agenda packets. Since the last council meeting, Brown has attended a week of classes for public funds managers. Overall it was a good meeting. There is a new investment that is 100% FDIC insured that we can participate in. It has been making more that STAR Ohio, which is not so insured, which is one of the few investments in which we are allowed to participate with public money.  The new investments are called CDARS, Certificate of Deposit Account Registry Service. At the classes we discussed investment policies for municipal governments and the need to have multiple banks designated as depositories. It doesn’t mean the village will use the bank for general deposits, but the village can do investments with the bank. We will want to do that especially so that we can have more choice for investments to be ready when the economy picks up. We had a class on cost allocation for administrative services. Several years ago the State Auditor published a bulletin indicating that audit costs could be spread across funds, which the village started doing right away. As the State has continued to cut back revenue to the local governments, it has also decided that some expenses that were traditionally paid from the General Fund can be spread across the funds using the service.  To do the cost allocation, a municipality must have a written strategy for the cost sharing. Brown has started working on the formula. Besides providing some relief to the General Fund, the cost allocation also is a more accurate method to show all the expenses that pertain to departments or projects. There were also classes in Banking Products; How to Evaluate a Bank; Financing with Municipal Bonds; Yield Curve Analysis; Policies for Email, Petty Cash, returned checks, and other items; Investment Strategies; Assessments; Cash Flow Forecasting; and How Moody does credit ratings of local governments- what Moody looks at and what they do not look at when making their evaluation.  The financial crisis across the U.S. and Ohio will be hitting us as a government in the next few years. We have been immune up to now because of the large carryover that was built up. However, in the next few years we will probably have to closely examine all departments especially those that depend 100% on the General Fund. Some of this is trickle down from changes at the State level, also property values have decreased on Kelleys which means less tax revenue. Some departments were expanded when special levies were in place to support them. Now some of those special levies no longer exist and the departments have not reacted to the change in financial support. We will have a few years that are less comfortable than what we have become accustomed to and that will require increased vigilance. The public restroom project has consumed all the grant money on hand for the project and is now using General Fund money. The Clerk-Treasurer asks for an update on the Public Restroom project, especially in regards to accounting for all costs.  Some budget adjustments are required. The Planning Commission area continues to need more money. Council members have a letter from Walter Haverfield with an estimate for continuing with the Zoning Code.  Motion to have the Clerk-Treasurer review how to meet the additional financial request from Walter Haverfield and to make legislation if necessary to increase the appropriations, made by Seeholzer, second by Kaminski; all in favor; motion carried.

 

        Budget adjustments- 

 

$43.72                             from        A1-7-X-273              Contingencies General Fund

                                                To            A1-4-A-220             Community Planning-  General Fund

 

       $00.78                              from        A1-7-X-273              Contingencies General Fund

A1-4-A-240             Zoning Supplies- General Fund

 

      $1,495.02                          from        A1-7-X-273              Contingencies General Fund

                                                To            A1-4-A-211-1          Zoning Inspector- General Fund

 

        Motion to authorize the current budget adjustments as presented, made by Seeholzer, second by Kaminski; all in favor; motion carries.  Brown has given members of council a list of expenses over $3,000 that were made without purchase orders.

 

        Purchases over $3,000 that were made without purchase orders-

 

P.O. #                              Invoice #                  Vendor                                                    Amount

17380                                                              Medical Mutual                                      $8,491.73

17376                                                              Hancock Wood                                        $3,517.23

                                                                                Treasurer, State of Ohio                         $5,893.85

        Motion to approve the expenses made over $3,000 without the treasurer’s pre-approval, made by Seeholzer, second by Marchky; all in favor; motion carried. 

        In August The Clerk-Treasurer will be attending the Attorney General’s course in Public Record Law.  Every elected official has to take the course once during each term of office. Elected officials are allowed to designate someone to go in their place.  All members of council and the Mayor designate the Clerk-Treasurer.

        Brown has also been told that the village is using two ambulances that are both insured by St. Vincent’s.  The Village’s insurance is covering one of them and Brown would like clarification if that one can be removed.  The St.Vincent’s representative says that the village does not have to insure any ambulances.

 

9.  First Readings

 

Upon reviewing the S-16 supplement, it was found to contain numerous references to the Board of Public Affairs. That Board was abolished by council and replaced by the Village Administrator. The Solicitor recommends the legislation to accept the supplement as a first reading only, to give time to do research and make a recommendation to members of council on how to handle the discrepancy.

 

ORDINANCE NO. 2011-O-_____: AN ORDINANCE ENACTING AND ADOPTING THE 2011 S-16 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE VILLAGE OF KELLEYS ISLAND, OHIO, AND DECLARING AN EMERGENCY.

 

10.  Second Readings

 

10.1  ORDINANCE NO. 2011-O-_____:  AN ORDINANCE ENACTING A NEW CHAPTER ENTITLED

“PRESERVING AND REMOVING TREES ON PUBLIC AND PRIVATE PROPERTY” IN THE VILLAGE OF KELLEYS ISLAND, OHIO.  ( requested by Village Administrator and  Mayor)

 

Feyedelem asks if it would be appropriate to table this until a meeting can be set up to discuss the legislation before the third reading. Feyedelem continues that a number of items in the legislation have been brought to his attention that need discussion and clarification. Mayor Quinn suggests having the second reading as there is time between council meetings to have a meeting to discuss it. The legislation has the second reading.

 

11.  Third Readings & Emergencies

 

11.1   ORDINANCE NO. 2011-O-_____: AN ORDINANCE REPEALING SECTION 70.72 OF THE KELLEYS ISLAND CODIFIED ORDINANCES ENTITLED “PROHIBITED OPERATIONS”.  (introduced by:  Councilwoman Sennish)

 

The ordinance fails to pass for lack of a motion.

 

11.2  ORDINANCE NO.  2011-O- 16 : AN ORDINANCE DECLARING THE NECESSITY FOR

A TAX LEVY RENEWAL IN THE AMOUNT OF ONE AND 75/100 (1.75) MILLS FOR CURRENT OPERATING EXPENSE PURPOSES PURSUANT TO R.C. SECTION 5705.l9 (A); CERTIFYING THE SAME TO THE BOARD OF ELECTIONS OF ERIE COUNTY, OHIO; AND DECLARING AN EMERGENCY. (INTRODUCED BY: MAYOR ROB QUINN)

 

Motion to suspend the three reading rule, made by Seeholzer, second by Finger; RC: Sennish (absent), Feyedelem- yes, Finger- yes, Kaminski- yes, Marchky- yes, Seeholzer- yes; motion carried.

 

Motion to pass, made by Finger, second by Seeholzer; RC: Sennish (absent), Feyedelem- yes, Finger- yes, Kaminski- yes, Marchky- yes, Seeholzer- yes; motion carried.

 

11.3 (originally 11.4 on the agenda)  The 2012 Tax Budget,

 

Motion to suspend the three reading rule, made by Seeholzer, second by Finger; RC: Sennish (absent), Feyedelem- yes, Finger- yes, Kaminski- yes, Marchky- yes, Seeholzer- yes; motion carried.

 

Motion to pass  the 2012 Tax Budget, made by Finger, second by Seeholzer; RC: Sennish (absent), Feyedelem- yes, Finger- yes, Kaminski- yes, Marchky- yes, Seeholzer- yes; motion carried.

 

12.  Items from the Mayor

 

Mayor Quinn has no report.

 

13.    Items from Council

 

13.1 Finger wants to talk about sidewalk projects. Mayor Quinn says that a program has been discussed and it should b