Session 9, May 7, 2018

Mayor Robert Benson called the 9th Regular Session of Council to order on Monday, May 7, 2018.  Mayor Benson began the meeting with a prayer and led the Pledge of Allegiance.  Members answering roll call were Derek Netzly, Daniel Rouse, Robin Keith, Randy Hattery, Don Berkey and Pat Winkhart.  Also attending the meeting were Clerk-Treasurer Anne Johnson, Navarre Village Solicitor Attorney Terry Seeberger, Navarre Police Captain Jason Fisher and Village Zoning Inspector Jim Neely.  

Mr. Netzly moved to approve the minutes of the 8th Regular Session of Council held on April 16, 2018.  Mr. Hattery seconded.  Netzly yes, Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes.  Six yes votes.  Minutes approved.  


Police Captain Jason Fisher distributed and reviewed the monthly report to council.  

Captain Fisher reported that fire arm training was recently completed.

Captain Fisher distributed the street sign report to council.


Clerk-Treasurer Anne Johnson gave council her April financial statements and a copy of today’s check register.


Village Solicitor Attorney Terry Seeberger advised Ordinance 8-2018 is needed for unpaid water, sewer and trash charges.  He reported we can certify unpaid balances to the county auditor to attach to the property tax bill.

Attorney Terry Seeberger stated the substantial completion date for the water plant was April 3, 2018.  Bogner Construction has a $14,568.00 change order request.  Bogner Construction has fallen behind and got off to a late start.  At the last construction meeting, it was proposed to let them have June 1, 2018 as the new substantial completion date, in return for giving up the change order.  If they don’t accept it, then we will hold them to the April 3, 2018 date, deny the change order and go to court for arbitration.  Liquidated damages can be charged at $600.00 per day.

Attorney Terry Seeberger advised he will work with the Property Maintenance Committee and the Zoning Inspector to enforce the Property Maintenance Code.


Resolution 2018-3, a resolution designating Village Administrator Zack
Wisselgren as a signer for ODNR applications.  Ms. Winkhart moved, Ms. Keith seconded to accept Resolution 2018-3.  Netzly yes, Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes.  Six yes votes.  Resolution 2018-3 accepted.

Ordinance 8-2018, an ordinance enacting new Municipal Regulation 51.15 enforcement of water, sewer and trash collection billing and declared same to be and emergency.  Mr. Netzly moved to accept Ordinance 8-2018 and declared same to be an emergency.  Mr. Berkey seconded.  Netzly yes, Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes.  Six yes votes.  Ordinance accepted.

Ordinance 8-2018, an ordinance enacting new Municipal Regulation 51.15 enforcement

Ordinance 8-2018, Ms. Winkhart moved, Ms. Keith seconded rules requiring three separate readings of Ordinance 8-2018 be suspended.  Netzly yes, Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes.  Six yes votes.  Rules requiring three separate readings suspended.

Ordinance 8-2018, Mr. Netzly moved.  Ms. Winkhart seconded Ordinance 8-2018 be placed in final passage.  Netzly yes, Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes.  Six yes votes.  Motion carried.  Ordinance 8-2018 duly adopted.


Mayor Benson spoke of May Motorcycle Awareness Month Proclamation where all drivers are asked to “LOOK TWICE FOR MOTORCYCLES”.  American Bikers Aimed Toward Education (ABATE).
Mayor Benson requests the Property Maintenance Committee meet with the Zoning Inspector to put into place a procedure to address the policy and procedure for handling property maintenance violations.   Committee members, Daniel Rouse, Derek Netzly, and Randy Hattery along with Zoning Inspector Jim Neely will meet at 6:00 pm prior to the next council meeting on May 21, 2018.

Mayor Benson read a Letter of Commendation that was received in response to Sgt. Chad Shetler’s actions:

Tyler B. Robbins

Chief Journalist, U.S.N. (Ret.)

1631 Epping Rd. P.O. Box 457

Gates Mills, Ohio  44040


Cellular: (216)403-6470


                                                                                                                                                26 April 2018


Chief Dennis Albaugh,

     I want to compliment one of your officers, Sgt. Chad Shetler.

     In mid-March myself and two friends were assisting my sister-in-law move her husband into the Aultcare facility in Navarre.  He is mentally challenged and when he realized it was a one way trip he opted walk back to Canal Fulton and started down the side road to the main highway.  The three of us surrounded him and attempted to slowly turn him around towards the facility without touching him.  It did not work and he became extremely agitated.

     At that moment Sgt. Shetler arrived.  He immediately ascertained the situation and quietly and gracefully assisted Mr. Conkle into the rear seat of his patrol car.  They returned to the facility and because of Sgt. Shetler’s demeanor, experience, and professionalism, Mr. Conkle quietly entered the facility and there have been no further incidents.

     I spent thirty years in the Navy.  It is similar situations as this one in Navarre that can explode like a land mine if not correctly dealt with.

     Sgt. Shetler is a terrific, sharp young officer with great potential.  

     I would appreciate it if you would place this letter in his file and also forward a copy of it to the Mayor.


Tyler B. Robbins

-End of Letter-

Mayor Benson reported that the new water plant started up today at noon.  Some water leaks were reported.  Residents can turn their water off if they will be gone for an extended amount of time.

Ms. Winkhart reported the Planning Committee rejected the request for a license to operate for Curby Consulting for sweepstakes internet devices at 5862 Erie.  

Ms. Winkhart reported the Planning Commission met with the YMCA about plans for the Market Street Park, making it a multiple generation park.  Navarre Baseball and Softball Association agreed to move the smaller ball field.  They are working on a Nature Works Grant for a pavilion.  Future plans include a walking path, sidewalks for the east side of Market Street and additional playground equipment.

Mayor Benson stated that council will have to decide the cost factor of having sidewalks for the residents.

Attorney Terry Seeberger reported the County Commissioners accepted the annexation of Navarre-Bethlehem Park.  Some road issues need to be resolved.  The police are now patrolling the park.

Mr. Netzly thanked everyone who came out to help with the Park Clean-Up Day.

Complaints were received about vines in Sisterhen Alley.

Mr. Rouse reported a refrigerator was donated by Lowes for the closed pavilion.  Banners were ordered for the telephone poles in the park.

Ms. Keith advised that Don Lint is upset with the large holes in the alley by Massillon Container and there are huge pieces of cardboard behind Massillon Container.

Ryan Ridge from Hudson needs mowed.

Mr. Hattery questioned whether the sign has been ordered for Nickles.

Mr. Hattery reported Maple Street to Tuscarawas Street is full of pot holes and needs slagged.

Mr. Hattery reported that two large limbs at 100 Canal Street are ready to fall out of the tree.

Mr. Hattery advised there was a dog in the park without a leash.  He believes the dog belongs to the Gaals.  

Mr. Hattery stated there used to be a walking path around the football field.  He suggested having a walking path at Pocahontas Park.

Mr. Berkey questioned what could be done about people mowing grass into the street.

Ms. Winkhart reported that her alley has a big hump in it.

Ms. Winkhart advised that Anita Savage is upset with the tree lawn being damaged by trucks.  Mr. Hattery suggested cementing it.


Ms. Keith moved to approve bills and claims in the amount of $179,442.90.  Ms. Winkhart seconded.  Netzly yes, Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes.  Six yes votes.  Bills and claims approved.

Mr. Berkey moved.  Mr. Netzly seconded to adjourn the meeting.  Netzly yes, Rouse, Keith yes, Hattery yes, Berkey yes, Winkhart yes.  Six yes votes.  Meeting adjourned.

____________________________                            ____________________________

Anne L. Johnson, Clerk-Treasurer                              Robert L. Benson, Mayor


May 17-19................………………………………………........Community Garage Sale

May 21..................………………………………………......Council Meeting at 7:00 pm