Stormwater Management

VILLAGE 0F BENTLEYVILLE

COUNCIL MINUTES

October 15, 2008

CALL TO ORDER:

Mayor Spremulli called the meeting to order at 7:03 P.M.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Mayor led council in the Pledge of Allegiance to the flag.

ROLL CALL:

Bourisseau, Gillund, Hudson, Maurer, Skipper and Sedlak present.

MOTION TO ACCEPT THE PRIOR WRITTEN MINUTES AND AUDIO RECORDING:

September 17, 2008 No audio recording is available due to a malfunction in the recording equipment.

Motion to accept written minutes with noted corrections by Mr. Sedlak. Seconded by Mr. Maurer

Roll call: Bourisseau, Yes; Gillund, Yes: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes.

MAYOR'S REPORT:

The mayor noted read a letter into the minutes from the Illuminating Company praising the Village service crew's performance after the storm and related power outage in September.

The Mayor reported that the Strategic Planning report is complete. He will forward to the Law Director for his review and direction on the appropriate next step for the plan.

The Mayor had a packet of information regarding the Union Cemetery. Council members were invited to review the packet for information regarding actions that the Village may take regarding the cemetery

The mayor, Chief Pitts and the Building Inspector will meet regarding the new gas well in the Village. There are still questions regarding the necessity of the driller to post the $5,000 bid as required by the Village and the driller's compliance with Village ordinances. The Mayor expressed a desire to work in cooperation with the driller. The Chief said that the drilling company appears to be conscious of Village traffic safety when entering and exiting the work site. Councilmember Gillund questioned what water source the drilling company was using and if the well's usage would affect the quantity and quality of Village residents water supply.

Council member Skipper noted that he had contacted the Ohio Department of Natural Resources regarding the possibility of radon at the drilling site. He has not received a response.

FINANCE REPORT:

Mr. Maurer gave the Treasurers report with account balances. He noted that the Village maintains its balances at federally insured banks, maintaining account balances at each which are at or below the federally insured level. (See attached Cash Balances and Outstanding Obligations - September 2008).

LAW DIRECTOR'S REPORT: No report. Ms Gillund inquired about Mr. Schuman's most recent legal bill. She questioned the necessity of his attendance at legal proceedings where the Village is already being represented by attorneys who are provided under the Village insurance policy. Discussion followed.

BUILDING INSPECTOR REPORT: Mr. Potts endorsed the proposed generator ordinance. He will work with the Chief and the Mayor regarding enforcement of Village ordinances at the gas well drilling site.

Building Inspector's report is on file at Village Hall.

ENGINEER REPORT:

Mr. Skipper questioned the wetlands filling which is being done at the Madison Woods Development. Mr. Filarski responded that the action is appropriate based on approved development plans.

Ms Gillund reported that residents living near the Madison Woods Development have expressed concerns regarding hours of operation and noise when construction begins on that development. Mr. Filarski will clarify all pertinent Village ordinances regarding noise and hours of operation at the pre-construction meeting with JETA.

Mr. Bourisseau mentioned the condition of the railing on the bridge. Discussion followed.

Engineer's report is on file at Village Hall.

CHIEF'S REPORT: Salt in short supply this winter. The Mayor will send a letter to residents regarding the salt shortage.

STREETS AND SAFETY REPORT: The Committee met on October 13. Annual hours versus the budget are favorable.

The Committee also discussed the feasibility of adding another full-time policeman, the need to replace the current 5 ton truck and the additional service hours which will be required during the Village fall leaf pick-up.

FINANCE, GRANTS & INSURANCE REPORT: Committee meeting held October 13, 2008. October accounts payable and September financial statements were approved.

The mayor proposed a 2009 budget to the committee for its review.

The Regional Income Tax subpoena program will be held at the Village Hall on December 5, 2008

Mr. Maurer's report is on file at Village Hall.

PLANNING AND ZONING REPORT: The Committee met on September 24

Mr. Skipper noted that the Moehler porch request was approved at the Committee meeting.

Additionally, Mr. Talat-Kelpsa requested a variance for hillsides greater than 15% to be disturbed.

Request for Council approval of the Talat-Kelpsa variance. Mr. Filarski presented drawings and aerial photographs regarding this variance. Council reviewed these documents. Discussion followed.

Hillside Variance Request- Talat-Kelpsa - 600 Solon Road.

Motion to grant by Skipper, Second by Bourisseau. All voted yes.

The Committee report is on file at Village Hall.

PARK, FACILITIES & BEAUTIFICATION REPORT:

The Committee met on October 6.

Ms Gillund reported on progress regarding the McFarland Homestead Committee.

The Committee is looking into cleaning up the Union Cemetery and any major repairs or maintenance on the Village Hall.

The Committee report on file at the Village Hall.

UTILITIES REPORT: Meeting held on October 14, 2008. Mr. Skipper reviewed the current contract with Waste Management for rubbish removal. This contract expires December 31, 2008. Procedures for specifications and bids were discussed. The Council requested that Mr. Skipper continue his work to procure competitive bids.

The committee recommends that the ordinance regarding back-up generators be amended and sent to Planning & Zoning before adoption.

Mr. Skipper's report is on file at Village Hall.

PUBLIC COMMENTS MADE BY MEMBERS OF THE AUDIENCE:

No comments

OLD BUSINESS:

40.

An Ordinance Authorizing the Mayor to Enter into a Contract with

the Village of Moreland Hills Allowing the Village of Bentleyville the

use of Moreland Hills' Firing Range and Declaring an Emergency.

2nd Reading

Motion to suspend three reading rule by Sedlak; Seconded by Hudson.

Roll call: Bourisseau, Yes; Gillund, No; Yes: Hudson, Yes; Maurer, No; Skipper, Yes; Sedlak, Yes

Motion to place on third reading by Sedlak; Seconded by Bourisseau.

Roll call: Bourisseau, Yes; Gillund, Yes: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

2008-42 An Ordinance to Combine the Duties of the Village Clerk/Treasurer

into the Appointed Office of Village Fiscal Officer and Declaring an

Emergency.

2nd Reading

Motion to suspend the three reading rule by Sedlak; Seconded by Maurer.

Roll call: Bourisseau, Yes; Gillund, No: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

Motion to adopt by Sedlak, Seconded by Bourisseau.

Roll call: Bourisseau, Yes; Gillund, No: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

NEW BUSINESS:

2008-43 An Ordinance for the Payment of Bills in the Month of October in

the amount of $42,176.96 and Declaring An Emergency.

Motion to suspend the three reading rule by Bourisseau; Seconded by Maurer.

Roll call: Bourisseau, Yes; Gillund, Yes: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

Motion to adopt by Maurer, Seconded by Hudson.

Roll call: Bourisseau, Yes; Gillund, Yes: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

2008-44 A Resolution Accepting the Amounts and Rates as Determined by the Budget Commission and Authorizing the Necessary Tax Levies and Certifying them to the County Auditor.

Motion to suspend the three reading rule by Sedlak; Seconded by Maurer.

Roll call: Bourisseau, Yes; Gillund, Yes: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

Motion to adopt by Maurer, Seconded by Hudson.

Roll call: Bourisseau, Yes; Gillund, Yes: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

2008-45 An Ordinance Authorizing the Appointment by the Mayor of Bernice Schreiber to the Position of Fiscal Officer and Declaring an Emergency.

Motion to suspend the three reading rule by Sedlak; Seconded by Bourisseau.

Roll call: Bourisseau, Yes; Gillund, Yes: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

Motion to adopt by Maurer, Seconded by Bourisseau.

Roll call: Bourisseau, Yes; Gillund, Yes: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

2008-46 An Ordinance Enacting Chapter 1460 Stand-By/Backup Power Generation in Part Fourteen Building and Housing Code of the Codified Ordinances of the Village of Bentleyville and Declaring an Emergency.

Motion to amend the ordinance by Skipper; Seconded by Bourisseau.

Roll call: Bourisseau, Yes; Gillund, Yes: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

Motion to refer the ordinance to Planning & Zoning by Skipper, Seconded by Maurer.

Roll call: Bourisseau, Yes; Gillund, Yes: Hudson, Yes; Maurer, Yes; Skipper, Yes; Sedlak, Yes

PUBLIC COMMENTS FROM MEMBERS OF THE AUDIENCE:

The November meeting will be moved from its normal date to either November 11 or November 13, based on council's availability,

Motion to change date by Sedlak, seconded by Maurer. All in favor.

ADJOURNMENT:

Motion to adjourn by Mr.Sedlak and seconded by Mr.Mauer. Motion passed by unanimous voice vote. Meeting was adjourned at 8:35P.M.

Respectfully submitted,

Bernice Schreiber

Fiscal Officer

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