Village Council Minutes – November 28, 2016

VILLAGE OF BALTIMORE
COUNCIL MEETING
November 28, 2016
7:30 p.m.

Mayor Bradley Nicodemus opened the meeting at 7:30 p.m. with the Lord’s Prayer and the Pledge of Allegiance.

ROLL CALL: Members of Council present were Chuck Keller, Bob Hankison, Jim Hochradel, Tony House, Dwayne Mohler and Mike Hamilton. Also present were Mayor Bradley Nicodemus, Fiscal Officer Kathryn Jenkins, Village Administrator Teri Wise, Solicitor Jeff Feyko, and Police Chief Mike Tussey.

APPROVAL OF MINUTES: Hamilton moved to approve the minutes of November 14, 2016 as amended. Keller seconded. Minutes were approved as amended with a 6-0 roll call vote.

APPROVAL OF AGENDA: Keller moved to accept the agenda as amended with the sponsors identified for 4 new pieces of legislation and noting Keller as the sponsor for the second reading legislation. Hamilton seconded. The agenda was accepted with a 6-0 roll call vote.

VISITORS: Charles Prince, Peter Brown, Joshua Friesner

PUBLIC COMMENT: Peter Brown – did a design for Alt Park Skate Park. He showed the layout of the skate park and would like to get a call before you dig. Brown stated he would like to start a Facebook page for donations of material, time and money. The skate park was discussed by the previous Mayor and Council 2 years ago. Councilperson House stated that the next step would be to go to the Park Board and work with them. It would then be up to the Park Board to make a recommendation to Council as to whether or not it fits into their overall plan still. The next Park Board meeting is January 25 at 6:00pm.

Joshua Friesner of 108 Oak Street – tabled his question until the Safety Committee.

Charles Prince – nothing

VILLAGE ADMINISTRATOR (see documents): 1. The pool has been winterized and if possible some improvements to the bathrooms/shower will be done prior to the spring. 2. Parks and Rec Committee supplied a response for the PEP risk loss control specialist. Also a list of possible projects for the parks for next year was received from the Committee. 3. The 28th was the last day for leaf pickup. Streets is looking at the possibly of doing some Dura patching after the Christmas decorations are hung. 4. A response to the PEP report will be completed by the end of business day on November 29. 5. Minimum fine plaques have been ordered for all the handicap reserved parking signs. They are on back order. 6. All departments or areas of the Village have been working on projects for 2017. Tim has prepared a replacement schedule for 8 hydrants that need to be addressed. 7. Water complaints have seemly decreased. 8. Mr. Santone of the EPA said they are in a backlog situation and it will be a while before they get to us. 9. Daryl Bowling of Utility Services is in the process of finalizing a price for the paint of the outside of the elevated water tank to a lighter color and still have the Baltimore name on tank. 10. We have received 50 new remote read meters and will begin replacement of manual read meters this year. 11. The sludge bag operation is working well and the team will decide closer to spring whether to retrofit another stall. 12. A team with Dave Stewart as team lead has been formed to address a letter sent to us from the EPA regarding a phosphorus capability study which is due by December 1st. 13. The Code Enforcement Officer has sent out his first batch of zoning violations and those who do not make the required changes will be cited into Mayor’s Court. 14. VOB Planning & Zoning Committee continues to review proposed revisions to the Baltimore Zoning Code. January 12th will be our next working session to review Draft #2. 15. There is legislation to change over from Lancaster Building to Fairfield County for the transition on January 1, 2017. 16. Each department has been working on proposed projects for next year and the list should be ready for review at the next Service Committee meeting. 17. The work to the VOB entrance is almost completed. We are waiting for the arrival of the buzzer for the door. A mirror will be installed in the corner so you can see who walks in. 18. We are working on the possibility of obtaining a Critical Infrastructure Grant for the area known as Ackers Drainage Ditch. Don will be the project lead and will be creating a proposal for presentation at the next Service meeting. This grant is not a matching grant but a 100% funded grant which leaves a small amount of expenses for the Village to pay which would be items such as easements, surveys, etc.
Minutes
Council Meeting
November 28, 2016
Page 2

FINANCE COMMITTEE: Meeting was November 28. Went over the budget and we are still in the black. Committee is suggesting no meeting in December.

SERVICE COMMITTEE: The Service Committee will meet next on December 12 at a new time of 5:30 p.m. to go over the list of projects. The Committee will be given the list to review a week ahead for review.

SAFETY COMMITTEE: Will meet after Council and the December meeting will probably be cancelled.

RULES COMMITTEE: Rules met on November 19, 2016 at 1:30p.m. Reviewed all of the changes Councilperson Hochradel pointed out so revised copies out shortly. Councilperson Hochradel would like to review after the meeting this evening to make sure all of his changes are or were addressed.

FIRE BOARD REPORT: Nothing new. All equipment up and running except for Medic. The next meeting will be December 15 at Station 610 at 6:30p.m.

PLANNING COMMISSION: They haven’t met since the last meeting. There will be a meeting on Thursday, December 8 to review residential standards. The next working session for the 2nd draft will be on Jan 12, 2017.

SOLICITOR: Four new pieces of legislation are on the agenda for the evening. The first is standard appropriation ordinance and the next three deal with the proposed contract between the village and Fairfield County for commercial building inspection services. The last three pieces of legislation all carry emergency language because of the approaching termination date we have with the current contract with the City of Lancaster that expires at the end of December 2016.

POLICE (see reports): There was an injury accident in front of the dentist’s office on South Main Street. The Police & Citizen United Volunteer training meeting will be December 7th at Christ United Methodist at 7-8:00 or 8:30 p.m. There will be someone there to talk about the danger of carfentinol. The Police Chief is working on the budget and will have it no later than Friday morning to the VA. They have been monitoring the area of Market and Main for music complaints, especially on the weekends and at this point we haven’t really heard anything except for when the door opens and closes but we continue to monitor. Met with the new Zoning Officer to discuss what had been sent out to make sure we are all on the same page and the possible need for a search warrant for one resident location.

MAYOR: Community tree lighting will be this Sunday, December 4th starting at 5:30p.m. Tuesday on the Museum lawn starting around 6:00 the school kids will sing and Santa arrives at the Museum sometime after that. Tuesday, November 29 is giving Tuesday and if anyone goes to the Fairfield County Foundation website and selects the Baltimore City Hall and Opera House to make a donation the foundation will match the donated funds. The VOB employee appreciation dinner will be Friday, December 23 at 6:00p.m. at Shades in Canal. Dwayne asked that they keep the Lord’s Prayer in the Council meeting and all Council members agree it will stay on the agenda.

FISCAL OFFICER: The Fiscal Officer said that she received the final audit report. Council can look it over and if they have any questions they can come into the office or bring them to the next meeting.

MOTIONS: Hankison moved to approve the October 2016 Financials. Second was made by House. Roll call vote was 6-0.

House made a motion to cancel the December 26 Finance meeting due to the Holidays. We suggest approval for all Financials at the December 12th meeting and pay bill to end of year. Second was made by Keller. Roll call vote was 6-0

Mohler made a motion to cancel both the Council and Safety meetings of December 26. Second was made by Hankison. Roll call vote was 6-0.
Minutes
Council Meeting
November 28, 2016
Page 3

ORDINANCES and RESOLUTIONS:

FIRST READINGS:

ORDINANCE 11-28-2016-1
“AN ORDINANCE TO AMEND THE 2016 APPROPRIATIONS ORDINANCE” – SPONSOR – Keller

Motion was made by Keller to bypass the three reading rule. Second was made by Hankison. No discussion. Roll call vote was 6-0.

Motion was made by Keller to adopt 11-28-2016-1. Second was made by Hankison. No discussion. Roll call vote was 6-0. Ordinance 11-28-2016-1 adopted November 28, 2016.

ORDINANCE 11-28-2016-2
“AN ORDINANCE AUTHORIZING THE VILLAGE ADMINISTRATOR TO ENTER INTO A CONTRACT WITH FAIRFIELD COUNTY, OHIO FOR BUILDING INSPECTION SERVICES AND THE DECLARATION OF AN EMERGENCY” – SPONSOR – HOCHRADEL

Motion was made by Hochradel to bypass the three reading rule. Second was made by House. No discussion. Roll call vote was 5-1 with Mohler voting no.

Motion was made by Hochradel to adopt 11-28-2016-2. Second was made by House. No discussion. Roll call vote was 6-0. Ordinance 11-28-2016-2 adopted November 28, 2016

RESOLUTION 11-28-2016-3
“A RESOLUTION TO ESTABLISH THE VILLAGE OF BALTIMORE, OHIO, BUILDING DEPARTMENT AND THE DECLARATION OF AN EMERGENCY” – SPONSOR – HOCHRADEL

Motion was made by Hochradel to bypass committee as suggested by Village Solicitor. Second was made by House. No discussion. Roll call vote was 6-0.

Motion was made by Hochradel suspend the three reading rule. Second was made by House. No discussion. Roll call vote was 5-1, with Mohler voting no.

Motion to adopt 11-28-2016-3 was made by Hochradel. Second was made by House. No discussion. Roll call vote was 6-0 to adopt Resolution 11-28-2016-3. Resolution 11-28-2016-3 adopted November 28, 2016

RESOLUTION 11-28-2016-4
“A RESOLUTION REQUESTING CERTIFICATION TO ENFORCE THE OHIO BUILDING CODE, WITHIN THE VILLAGE OF BALTIMORE, FAIRFIELD COUNTY, OHIO AND THE DECLARATION OF AN EMERGENCY” – SPONSOR – HOCHRADEL

Motion was made by Hochradel to bypass committee. Second was made by House. No discussion. Roll call vote was 5-1 with Mohler voting no.

Motion to suspend the three reading rule was made by Hochradel. Second was made by House. No discussion. Roll call vote was 5-1 with Mohler voting no.

Motion was made by Hochradel to adopt Resolution 11-28-2016-4. Second was made by House.

Minutes
Council Meeting
November 28, 2016
Page 4

ORDINANCES and RESOLUTIONS (CONT. RESOLUTION 11-28-2016-4):

No discussion. Roll call vote was 6-0 to adopt Resolution 11-28-2016-4. Resolution 11-28-
2016-4 adopted November 28, 2016

SECOND READINGS:

ORDINANCE 11-14-2016-1
“AN ORDINANCE TO AMEND THE 2016 APPROPRIATIONS ORDINANCE” – SPONSOR – KELLER

Motion was made by Keller to suspend the three reading rule. Second was made by Hankison. No discussion. Roll call vote was 6-0

Motion to adopt was made by Keller. Second was made by Hankison. No discussion. Roll call vote was 6-0 to adopt 11-14-2016-1. Ordinance 11-14-2016-1 was adopted November 28, 2016.

ORDINANCE 11-14-2016-4
“AN ORDINANCE TO APPROVE THE 2017 BUDGET” – SPONSOR – KELLER

Ordinance 11-14-2016-4 will go to third reading on December 12th.

THIRD READINGS:

ORDINANCE 10-24-2016-2
“AN ORDINANCE AMENDING CHAPTER 1026 OF THE BALTIMORE CODIFIED ORDINANCES (WATER AND WASTEWATER RULES AND REGULATIONS) IN ORDER TO UPDATE AND CLARIFY VARIOUS PROVISIONS” – SPONSOR – KELLER

Motion to adopt Ordinance 10-24-2016-2 was made by Keller. Second was made by Hamilton. This ordinance is for plugging sewer service on delinquent or non paying residents. Roll call vote was 5-1 with Mohler voting no. Ordinance 10-24-2016-2 adopted November 28, 2016

SUSPENDED ORDINANCE:

ORDINANCE 7-11-2016-1
“AN ORDINANCE AMENDING CHAPTER 1026 OF THE BALTIMORE CODIFIED ORDINANCES (WATER AND WASTEWATER RULES AND REGULATIONS) IN ORDER TO UPDATE AND CLARIFY VARIOUS PROVISIONS” – SPONSOR- KELLER

No action taken. Rules still discussing.

OLD BUSINESS:

Yellow lines going North on Basil Street – Tim was asked to re-visit this issue. People pulling out of bank are not where they are supposed to be and they are just use to seeing the line. Mohler suggested we call Griffins to have them go ahead and stripe with Council agreeing

PEP loss control reply – The VA report will be completed and sent out by the end of day on Wednesday.
Minutes
Council Meeting
November 28, 2016
Page 5

Patio Railings on Downtown Business – Solicitor Feyko is still continuing to research. Most information says there should be a 4′ wide sidewalk and some 5′ wide. He has requested more information from the engineer. Hochradel referenced information in Fence & Hedges permit in the regulations, Section 1276.09 B6 and B 12 – no fence or wall shall be permitted to encroach upon public right of way or easements. Mohler asked if RP3 was in our right of way. Hochradel said that would have to be investigated, but they have since put their patio to the side and to the end of the parking lot so we could probably get them to remove their front railing. Mohler said he wanted to make sure if we do it to one that we do it to all.

Donated time for employees – This proposal is in Rules Committee. They are gathering information. Remove from Old Business since it has been assigned to Committee.

NEW BUSINESS:

Liquor permits expire 2/1/2017: Right to object to renewal 1/3/2017. The Fiscal Officer stated that periodically we receive notice that the liquor licenses in the village are due to expire and do we have any objection to them being renewed. It is her responsibility to bring this to Council to let them know that this is the situation and ask if you want to object or are you going to let things go. All licenses have to renew every year.

House asked the Police Chief if they have had any issues with selling to underage or not doing things right that Council would have an objection. The Chief stated that for the volume of alcohol that is sold out of the carry outs we are at the low end of the violations.

There were no objections from Council to the liquor licenses being renewed.

Keller asked about the new pizza place coming into town. Arlington Pizza will be located beside the Dollar General. All of their inspections are completed. The Chief stated that he had heard that their food is good and that they make their money off of delivery.

No other new business.

VISITOR COMMENTS: None

LAST CALL: Hochradel, Hamilton and Mohler discussed the Water/Sewer regulation revisions.

ADJOURNMENT: Mohler made a motion to dismiss and Hankinson seconded. A voice vote unanimously called for adjournment.

The Mayor adjourned the meeting at 9:05 p.m.
____________________                ___________________________
Kathryn Jenkins, Fiscal Officer           Bradley Nicodemus, Mayor

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