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Session 12, June 18, 2018
Mayor Robert Benson called the 12th Regular Session of Council to order on Monday, June 18, 2018. Mayor Benson began the meeting with a prayer and led the Pledge of Allegiance. Members answering roll call were Daniel Rouse, Robin Keith, Randy Hattery, Don Berkey and Pat Winkhart. Derek Netzly was excused. Also attending the meeting were Clerk-Treasurer Anne Johnson, Navarre Village Solicitor Attorney Terry Seeberger, Village Administrator Zachary Wisselgren, Navarre Police Chief Dennis Albaugh, Navarre Police Captain Jason Fisher, Navarre Police Sergeant Chad Shelter, Navarre Patrolman Elizabeth Hughey, Village Zoning Inspector Jim Neely, Independent Reporter Arezov Vakili, Kimble Account Manager Julie Monroy, Chris Miller of Miller’s Refuse, Sabrina Hattery, Hunter Rouse and Jeannie Swafford. Ms. Winkhart moved to approve the minutes of the 11th Regular Session of Council held on June 4, 2018. Ms. Keith seconded. Rouse yes, Keith yes, Hattery yes, Berkey yes,Winkhart yes. Five yes votes. Minutes approved. PUBLIC PARTICIPATION In regards to the unlicensed day care center on Plainmont Street, Jeannie Swafford noted the houses on that street have deed restrictions prohibiting anything other than residential properties. The Mayor feels the Zoning Board of Appeals would take that into consideration when the day care applies for its use variance permit. SAFETY POLICE Chief Dennis Albaugh stated that Detective Joe Hill’s resignation has created a need for restructure. Chief Dennis Albaugh advised he would like to promote Captain Fisher to Detective and Sergeant Shetler to Captain, with Councils permission. Chief Dennis Albaugh reported the need to update the pay ordinance. FINANCE Clerk-Treasurer Anne Johnson gave a copy of today’s check register. Clerk-Treasurer Anne Johnson advised council how to complete the online Ohio Ethics Law Course that is required for elected officials. MAYOR Mayor Benson appointed Captain Fisher as Detective of the Navarre Police Department and requested Council’s consent. Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes. Five yes votes. Appointment carried. Mayor Benson appointed Sergeant Shetler as Captain of the Navarre Police Department and requested Council’s consent. Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes. Five yes votes. Appointment carried. SOLICITOR Village Solicitor Attorney Terry Seeberger mailed a certified claim on May 22, 2018 to AT&T revising the claim to $24,613. AT&T has thirty days to respond. There is potential council action to be authorized on July 2, 2018. Attorney Terry Seeberger reported the Village has to wait sixty days from the County Commission approval of the park annexation to be accepted on July 2, 2018. Attorney Terry Seeberger read the following regarding the trash aggregation program: (a) Our proposed specifications called for bids on residential service, giving residents the ability to “opt out,” and providing for billing to be done by Navarre staff. (b) Only one bidder for basic service – Kimble. The base bid was $15.81 per month per household. Kimble submitted an unrequested alternate of $11.08 per month per household, in return for an exclusive residential franchise in Navarre for three years. (c) Navarre bid package provided that Navarre can reject all bids or waive any informality in the bid process. (d) Ohio Supreme Court, in 1986 granted municipalities the power to grant exclusive trash franchises. (e) No statute or case laws addresses the ability of Navarre to enter into contract on unrequested alternate, even though Kimble’s unrequested alternate is clearly superior to its base bid. Other municipalities appear to have entered into contracts based in part on unrequested alternate bids; this indicates their law directors felt they could do so. This is not a guarantee. (f) No trash company could bring suit because none bid, but a Navarre citizen could bring a taxpayer lawsuit under ORC, Sec. 733.59, and if successful, could be awarded attorney fees under ORC, Sec. 733.61. (g) Council can either re-bid, to afford all bidders an opportunity to bid the exclusive franchise alternative: or it can simply vote to award a contract to Kimble on unrequested alternate. (h) If this will be re-bid, would also change specifications to provide for direct billing of residential trash customers by trash hauler (to relieve Anne and Heather’s work-load). Attorney Terry Seeberger stated the three options. 1) Reject all bids. 2) Vote to award a contract to Kimble. 3) Reject all bids and rebid. Attorney Terry Seeberger advised that when we get the new specs, it will be offered to all trash companies serving Stark County. Attorney Terry Seeberger created Ordinance 10-2018 based on Canton’s ordinance regulating itinerant retailers. He advised the ordinance can be modified with Council’s input along with the Police Chief’s. The Business/Zoning Committee decided to meet following the council meeting to discuss. ORDINANCES AND RESOLUTIONS Resolution 2018-4, a resolution authorizing the Village Administrator to reject all bids for trash aggregation and to seek new bids for exclusive residential service within the Village. Ms. Winkhart moved, Mr. Berkey seconded to accept Resolution 2018-4. Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes. Five yes votes. Resolution 2018-4 accepted. Ordinance 9-2018, an ordinance adopting and enacting 2018 Ohio Basic Code, was given a second reading by title only. Ordinance 10-2018, an ordinance regulating itinerant retailers and creating Municipal Regulations 112.14, 112.15 and 112.16. Mr. Berkey moved to accept Ordinance 10-2018. Ms. Keith seconded. Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes. Five yes votes. Motion carried. The first reading was given. Ordinance 11-2018, an ordinance amending Ordinance 16-2017 Sec 2(F) 2018 pay from $19.19 to $20.74 and 2019 pay from $19.79 to $21.34, to be passed as an emergency. Ms. Winkhart offered and moved to accept Ordinance 11-2018 and declared same to be an emergency. Ms. Keith seconded. Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes. Five yes votes. Motion carried. Ordinance accepted. Ordinance 11-2018, Mr. Berkey moved, Mr. Rouse seconded rules requiring three separate readings of Ordinance 11-2018 be suspended. Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes. Five yes votes. Rules requiring three separate readings suspended. Ordinance 11-2018, Mr. Berkey moved, Ms. Winkhart seconded Ordinance 11-2018 be placed in final passage. Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes. Five yes votes. Ordinance 11-2018 duly adopted. STREETS AND ALLEYS The yard waste pit at the Waste Water Treatment Plant is open Monday – Friday from 7:30am to 3pm and weekends and holidays from 8:30 am to 11am. The Saint Clements banner will be changed out with the Art Fest banner. The Street Department has repaired several catch basins. The third street sweeping is Wednesday, June 27, 2018. Village Administrator Zack Wisselgren met with the County Engineer about the Road Maintenances agreement on the park annexation. Mosquito spraying will be done in the Village on Tuesday, June 19, 2018. UTILITIES The Sewer Department is looking into renting a sewer jetter to clean sewers. The Water Department is going to replace the water line on Sisterhen Street. Water meters are being read this week. MISCELLANEOUS The Natures Work Grant for the pavilion at the YMCA was submitted to Ohio Department of Natural Resources. Village of Navarre Zoning Inspector Jim Neely reported that a number of letters were sent out regarding property maintenance violations. He advised that he has not received much in response to the letters. The Property Maintenance Committee can meet with Attorney Terry Seeberger to take further action. BILLS AND CLAIMS Ms. Keith moved to approve bills and claims in the amount of $40,046.96. Ms. Winkhart seconded. Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes. Five yes votes. Bills and claims approved. Mr. Berkey moved. Ms. Keith seconded to adjourn the meeting. Rouse yes, Keith yes, Hattery yes, Berkey yes, Winkhart yes. Five yes votes. Meeting adjourned. ____________________________ ____________________________ Anne L. Johnson, Clerk-Treasurer Robert L. Benson, Mayor
UPCOMING EVENTS July 2..................………………………………………......Council Meeting at 7:00 pm
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