Session 16, October 2, 2017
Mayor Robert Benson called the 16th Regular Session of Council to order on Monday, October 2, 2017.  Mayor Benson began the meeting with a prayer and led the Pledge of Allegiance.  Members answering roll call were Derek Netzly, Robin Keith, Gary Wilson, Ray Gallaher and Pat Winkhart.  Daniel Rouse was excused from the meeting.  Also attending the meeting were Clerk-Treasurer Anne Johnson, Village Solicitor Attorney Terry Seeberger, Don and Nancy Esway, Lori Graening, Cynthia Griffith, Randy & Sabrina Hattery, Cathy Hostetler, Ken Mahaffey, Tim Stangelo, John Waller, Bethlehem Township Trustee Jim Urbach and Independent Reporter Mindy Lenigan.  Mr. Netzly moved to approve the minutes of the 15th Regular Session of Council held on September 18, 2017.  Ms. Winkhart seconded.  Netzly yes, Keith yes, Wilson yes, Gallaher yes, Winkhart yes.  Five yes votes.  Minutes approved.

 PUBLIC PARTICIPATION

Jim Urbach reviewed the proposal to obtain new playground equipment by logging part of the park’s woods.  Ms. Winkhart moved to approve the proposal.  Mr. Wilson seconded.  Netzly yes, Keith yes, Wilson yes, Gallaher yes, Winkhart yes.  Five yes votes.  Motion approved.

The Barn continues to operate a business in a residential area violating the Zoning Ordinance.  Two weeks ago the police gave them a warning about the noise.  Last Saturday they received a citation for noise.  Terry Seeberger noted the zoning inspector can issue citations under the zoning code.  Under Ohio Revised Code, the Village can go to court and get an injunction.  The Zoning Inspector needs to serve a notice of violation with a cease and desist order.  Terry Seeberger prepared an ordinance updating the zoning code fines or penalties.

 Don Esway read the following letter to council:

 Dear Navarre Officials,

I have some comments and questions concerning the entertainment barn.

I was as the May 1, 2017 Council meeting where around 3 dozen or so residents and voters raised their objections to the entertainment center known as E Poth Place.  It is in a residential neighborhood.  Shame on me for not counting the residents in attendance who were all offered the opportunity to speak.  You probably know how many spoke against the facility.

Additional information was provided to all of you in my letter dated 6-21-17 which is attached.

I called the police about noise on 9-23-17.  I saw two cars go down the street.

I did not hear the loud noise this past Saturday night as I was out of the state.  If I was at home I would have reported it.

Has the zoning been changed to accommodate the owners?

Do they have a permit to operate? (There have been recent large parties at the barn.)

Are they paying business taxes?

Has the Fire Chief inspected the facility and approved it?  Or will this show them a sign of approval?

Are there County or State regulations concerning availability of water and bathroom facilities for the number of people able to attend an event at the barn?  State law says a certain number of toilets and washing facilities are required per a certain number of people.

Whatever you do will set a precedent that will hold up in a court of law should something similar happen again.

Whatever you don’t do will set a precedent too.
 

Thank you.

Sincerely,


Donald Esway

John Wallar reported that the new curbs on Hawthorne and Cliffwood are too far in the road.  It needs corrected before the road is paved.  The mayor will speak to the Engineer Inspector.

Cathy Hostetler reported it is hard to see to get out of both sides of the Ryan Ridge Allotment ParkView.

SAFTEY POLICE

The monthly report was distributed to council.

FINANCE

Clerk-Treasurer Anne Johnson distributed a copy of September financial statements and a copy of today’s check register.


SOLICITOR

Village Solicitor Attorney Terry Seeberger reported property maintenance issues with 239 Park St, 123 Park St and 47 Canal St.  He advised warning letters were sent.

Terry Seeberger stated no action needs to be taken at this time regarding the municipal coalition to challenge ORC 718, Municipal Income Tax.

MAYOR

Mayor Robert Benson advised Village curbside leaf pickup will begin Oct 16th and run through November 22nd.   Only bagged leaves will be picked up after November 22nd.

Mayor Benson requested authorization to sign a revision of the original LOGIC Bylaws/Council of Government (COG) document.  Ms. Winkhart motioned to approve authorization.  Mr. Netzly seconded.  Netzly yes, Keith yes, Wilson yes, Gallaher yes, Winkhart yes.  Five yes votes.  Motion carried.

Mayor Benson reported that the police “Drug Take Back Day 2017” was very successful.

Mayor Benson stated that Christmas in the Village would like to use The Point at Canal Street and High Street for pony rides and the Tuslaw Lions Club Train ride will be at Pocahontas Park on November 11th.

Mayor Benson advised he and the Clerk-Treasurer had a meeting with AT&T and MCTV about phone service. 


ORDINANCES AND RESOLUTIONS

Resolution 2017-16, a resolution authorizing Mayor to execute amended contract with LOGIC for Police Dispatch.  Mr. Netzly moved to accept Resolution 2017-16.  Ms. Winkhart seconded.  Netzly, yes, Wilson yes, Gallaher yes, Winkhart yes.  Five yes votes.  Resolution 2017-16 accepted.

Ordinance 16-2017, an ordinance amending Navarre Pay Ordinance, second read by title only.

Ordinance 17-2017, an ordinance amending Village of Navarre Municipal Regulation 151.99 to be passed as an emergency.  Mr. Netzly offered and moved to accept Ordinance 17-2017 and declared same to be an emergency.  Ms. Keith seconded.  Netzly yes, Keith yes, Wilson yes, Gallaher yes, Winkhart yes.  Five yes votes.  Motion carried.  Ordinance accepted.

Ordinance 17-2017, Ms. Winkhart moved, Ms. Keith seconded rules requiring three separate readings of Ordinance 17-2017 be suspended.  Netzly yes, Keith yes, Wilson yes, Gallaher yes, Winkhart yes.  Five yes votes.  Rules requiring three separate readings suspended.

Ordinance 17-2017, Mr. Gallaher motioned.  Mr. Wilson seconded Ordinance 17-2017 be placed in final passage.  Netzly yes, Keith yes, Wilson yes, Gallaher yes, Winkhart yes.  Five yes votes.  Motion carried.  Ordinance 17-2017 duly adopted.
 

MISCELLANEOUS

Mr. Netzly wondered if we can place a weight limit to restrict truck traffic on Market.  We will check with Stark County.

The gravel pit is now closed.

Dump trucks are using Keeferview to get into the trailer park.  Mr. Netzly motioned to have a no truck sign placed on Keeferview.  Ms. Keith seconded.  Netzly yes, Keith yes, Wilson yes, Gallaher yes, Winkhart yes.  Five yes votes.  Motion carried.

Ms. Keith reported bushes needing trimmed at Sisterhen and Ohio Street.

Mr. Wilson advised pumpkins are for sale at the Erie Valley Fire Station on Ohio Street.

Ms. Winkhart stated it would be nice to have park equipment for handicapped children.  We should take an inventory of empty buildings in the village.

Contact Mr. Netzly if interested in serving on the Veterans Park Committee.


BILLS AND CLAIMS

Mr. Wilson moved to approve bills and claims in the amount of $118,785.24.  Mr. Gallaher seconded.  Netzly yes, Keith yes, Wilson yes, Gallaher yes, Winkhart yes.  Five yes votes.  Bills and claims approved.

 

Mr. Netzly moved.  Ms. Keith seconded to adjourn the meeting.  Netzly yes, Keith yes, Wilson yes, Gallaher yes, Winkhart yes.  Five yes votes.  Meeting adjourned.
 

___________________________                 _________________________________

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

UPCOMING EVENTS

October 10 …………………………………………..Crime Watch Meeting at 7:00 P.M.

October 16....………………………………………..........Council  Meeting at 6:00 P.M.

October 26 ……………….………………………………………Trick or Treat 6-7 P.M.