NEW BOSTON VILLAGE COUNCIL MEETING MINUTES

NEW BOSTON VILLAGE COUNCIL
MEETING MINUTES
JULY 2, 2013

James Warren, Mayor and President of Council, declared the public hearing on the Year 2014 budget open at 7:00 p.m.

Those attending the Public Hearing were as follows:  Councilmen:  Mr. Fetty, M. Salyers, Mr. Payton, Mr. Imes, Mr. Williams, and Mr. Mills.  James Warren, Mayor; Steve Hamilton, Administrator; Kathy Bender, Treasurer; Lana Loper, Clerk; Theda Aldridge, Tax Director; Darrold Clark, Police Chief; Chris Bender, Fire Chief; Justin Blume, Solicitor; Robbie Law and Greg Law, residents.

Mr. Warren asked if there were any questions from anyone regarding the budget for 2014.  There being no comments, Mr. Mills moved to close the public hearing.  Mr. Payton seconded the motion.  All members concurring, Mr. Warren declared the Budget hearing for 2014 closed at 7:01 p.m.

Regular session of New Boston Village Council was called to order at 7:02 p.m.  James Warren, Jr., President of Council, presided over the meeting.  The roll was called with the following members of council being present:  Mr. Fetty, Mr. Williams, Mr. Payton, Mr. Mills, Mr. Imes and Mr. Salyers.

Pledge of Allegiance/silent prayer

Mr. Mills made a motion to accept and file the minutes from June 18, 2013.  Mr. Salyers seconded the motion.  All members concurring, Mr. Warren declared the motion carried 6-0.


Reports from Visitors:  none

No presenting and acting on petitions

No Communications


Reports of:

James Warren, Mayor - 1. Presented Mayor's court report for June, 2013.  Mr. Salyers asked about the copies of checks that are usually attached to the report.  Mr. Warren stated he would have them at the next meeting.  Mr. Warren stated people pay what they can afford.  Mr. Mills made a motion to accept and file the report.  Mr. Williams seconded the motion.  All members concurring, Mr. Warren declared the motion carried 6-0.  Mr. Payton asked what the fee was for the county jail if we send someone there.  Mr. Warren stated $60.00 per day.  Mr. Blume stated there is a different way by charging the fine under ORC and Mr. Warren stated we would not get any money that way.  Mr. Blume stated this would be a judgment call at the time of arrest especially people who are repeat offenders.  Chief Clark stated there has not been a problem in 44 years and officers have made good judgment whether to charge under ORC or local ordinance.  The clerk stated we very seldom pay any money to the county for the charges and that has not been a problem.  Mr. Blume asked how much we were spending in jail cost.  Mrs. Loper stated it was very little.  More discussion was held regarding other fines such as domestic violence and DUI's.  Mr. Payton stated the reason he brought this up was the Tri County jail discussion.

Lana Loper, Clerk - 1. None

Kathy Bender, Treasurer - none

Justin Blume, Legal Counsel - stated executive session would need to be called later for litigation

Steve Hamilton, Village Administrator - 1. Thanked everyone for coming to the sewer meeting.  2. Hole is fixed on Rhodes Avenue.  3. Reported at the next meeting he would have information from a meeting with the State of Ohio regarding paving projects.  4. Compressor on big air conditioner is not working and compressor is under warranty but cost is $2500 to get repaired.

Theda Aldridge, Income Tax Director - presented report for June, 2013.  Mr. Williams made a motion to accept and file the report.  Mr. Imes seconded the motion.  All members concurring, Mr. Warren declared the motion carried 6-0.  She also reported the semi-pro football team does not get paid and therefore no taxes are collected.

Darrold Clark, Chief of Police - 1. Presented report dated July 2, 2013.  Mr. Mills made a motion to accept and file the report.  Mr. Payton seconded the motion.  All members concurring, Mr. Warren declared the motion carried 6-0. 

Chris Bender, Fire Chief - no report


Reports of Chairman of Committees:

Junior Williams, Finance and Wages - none

Ralph Imes, Streets & Alleys - reported trees need trimmed at Heritage Square because it's hard to see when pulling out into traffic on Rhodes Avenue.

Mike Payton, Utilities & Communications - none

Jon Mills, Flood & Sewage - none

Terry Salyers, Laws and Claims - none

Dan Fetty, Lands & Buildings - submitted a report of the following items that were discussed at the June 27, 2013 meeting: a) 18 pieces of property and 5 pieces of Village owned property on how they could make these properties available to the public.  He reported 15 of them have delinquent taxes.  At the meeting, Mr. Payton suggested contacting a realtor to be placed on website, Sciotohomes.com and it was suggested that Mr. Blume become involved in the process.  B) sale of 3818 Stanton Avenue for no less than $1000 c) Mr.Hamilton requested the ordinance requiring property owners also be notified by the use of door hangers identifying code violation before certified mail be sent.  After the meeting was over Mr. Payton discussed with Loretta McClure, realtor, that the properties be sold as a lot under the County Land Utilization Law.  Mr. Fetty touched base with Mr. Blume who is aware of the law.  Mr. Blume presented information which shows two options to sell the properties which is private sale and public auction.  Mr. Blume reported there is a process to exempt property tax on property owned by the village.  Council would need to decide which way to sell....public or private.  Mr. Blume and members of council also discussed having back taxes removed from the properties.  Mr. Payton reported he would like to do something and not just let the property sit there.  Mr. Blume reported this would cost money for filing fees, etc.   Mr. Fetty asked about the possibility of getting these properties marketed.  Mr. Blume stated we have to own the properties first and the vast of these properties we do not own.  Mr. Fetty made a motion to file the papers to have the taxes from accruing on the property that the village owns.  Mr. Blume stated to have back taxes waived is a while different process and will take time.  Mr. Fetty reported discussion should be continued at a later time regarding these 18 pieces of property and will work with Mr. Blume on how to handle.  Mr. Hamilton stated he would send a letter to the county to get started.  Mr. Fetty asked about  resolution regarding the sale of 3818 Stanton Avenue.  Discussion was held again about the public or private sale.  Mr. Williams and Mr. Imes stated we need to get as much as we can for the village.  Mr. Payton made a motion to accept and file the minutes of the meeting.  Mr. Williams seconded the motion.  All members concurring, Mr. Warren declared the motion carried 6-0.  More discussion was held to sell the property at 3818 Stanton Avenue.  Mr. Hamilton stated he would talk to the interested parties tomorrow.


Reading of Ordinances and Resolutions

Third Reading was given an ordinance appropriating an amount in the Capital Improvement Fund.  Mr. Fetty made a motion to accept Ordinance No. 18-2013.  Mr. Mills seconded the motion.  The roll was called.  The voting results are following:  ayes: 6

Third reading was given an ordinance adopting the budget for the Village of New Boston, Ohio for the fiscal year 2014.  Mr. Mills moved the rules requiring an ordinance or resolution of a general or permanent nature involving the expenditure of money be read on three separate dates be suspended.  Mr. Imes seconded the motion.  The roll was called.  The voting results are as follows: ayes-6.  Mr. Mills moved to adopt Ordinance No. 19-2013.  Mr. Payton seconded the motion.  The roll was called.  The voting results are as follows:  ayes-6.

An ordinance was read transferring and appropriating amounts in the various funds of the village and declaring an emergency.  Mr. Mills made a motion for the amendment of the ordinance to correct section numbers.  Mr. Williams seconded the motion.  The roll was called.  The voting results are as follows:  ayes-6.  Mr. Williams moved the rules requiring an ordinance or resolution of a general or permanent nature be read on three separate dates be suspended.  Mr. Salyers seconded the motion.  The roll was called.  The voting results are as follows:  ayes-6.  Mr. Williams moved to adopt Ordinance No. 2013.  Mr. Salyers seconded the motion.  The roll was called.  The voting results are as follows:  ayes-6.

A resolution was read declaring the amount of taxes that may be raised by levy at the maximum rate authorized by law without a vote of the electors to be insufficient and declaring the necessity of a levy in excess to such rate.  Mr. Williams moved to adopt Resolution No. 16-2013.  Mr. Payton seconded the motion.  The roll was called.  The voting results are as follows:  ayes-6.


New Business

Mr. Fetty - 1. made a recommendation that HR Committee could be made up of council members, mayor and solicitor.  Having department heads on the committee is not a good idea of setting own policies.  Department heads spoke up and requested they or someone from each of their departments be represented. Police and Fire department have their own policy book on each department.  Mr. Williams reported committee should have employees input but would have to be council approved.  Mr. Fetty relinquished his request and committee would add anyone they want.  Mr. Payton stated he has no problem with employees being on committee.  2. Asked if ordinance needs to be brought in regarding the handicap swing.  Mr. Blume stated yes and the Laws Committee should review.  Mr. Fetty made a motion to bring in the ordinance.  Mr. Blume asked what the ordinance needs to address.  After discussion, council referred this to Mr. Blume to review and to do a draft ordinance for approval.  3. Reported there is a lot of drainage at Oak Street School with all the rain we have had.  Steve stated if this continues he would ask the school to put up mud fence.

Mr. Payton - 1. Asked what was decided about the HR Committee.  Committee appointed stays and have meeting after the 4th.  2. Asked if we requested independent physicals for employees who are off on workers compensation.  Mayor stated we did request one.  Clerk stated she had spoke to representative from Sheakley and she reported these employees are maxed on workers compensation and having these physicals would cost the village money and would not save us any since they are maxed out.  BWC does these physicals every 90 days and we get reports.

Mr. Williams - 1. Discussed the 4.3 million presentation we just had with the EPA and Strand by stating that Phase I is financially where they want us to start.  Phase I cost are about 2.9 million which includes the design and $400,000 that council has already approved.  The money we need to raise for Phase I is about 1.7 million though a zero interest loan from DEFA over 20 years.  Council needs to come up with the rate whether flat fee or based on water usage.  Other communities have charged on water used.  He figured we need close to $60,000 per year to pay back and we need to do the math on how to divvy the costs.  He reported this needed to be done by the second meeting in August to present to DEFA by October to be completed by December so we do not lose the grant of 1.8 million if council decides to do the project.  Council needs to decide how to pay back DEFA and also how to get other phases shovel ready.  Stated he would gather some of the numbers and report back to council and then council would need to decide whether to do project and how to pay back.

Mr. Imes - Expressed his sympathy for the loss of a long-time village resident, Mr. McClellan. 

Mr. Mills - none

Mr. Salyers - Asked Chief if fire fighters have been bothered by the people when responding to calls.  Chief Bender stated there has been no problem.  Asked if police responds to fire.  Chief Clark stated yes usually on house fires or if asked.

Mr. Salyers made a motion to move into executive session to discuss litigation at 8:35 p.m.  Mr. Fetty seconded the motion.  All members concurring, Mr. Warren declared the motion carried 6-0.

After executive session, regular session was called back to order with all members of council present. 

There being no further business, Mr. Mills moved the meeting be adjourned.  Mr. Williams seconded the motion.  All members concurring, Mr. Warren declared the meeting be adjourned at 9:05 p.m.

_______________________________________
President of Council

Passed: ___________________________,2013

Attest: _________________________________
            Village Clerk