1 P.O. Box 25 Chippewa Lake, Ohio Clerk s phone: Clerk s Address: A public auction was scheduled for 6:30 pm for the sale of the 372 Craggy Creek Drive property. No bidders attended. The Village of Chippewa Lake Council met in regular session on Monday, in the Community Center-Pochedley Hall located at 24 Circle Crest. The Honorable Joanne Dodaro called the meeting to order immediately following the public auction. All in attendance stood for the Pledge of Allegiance. Present: Mayor Joanne Dodaro, Clerk-Treasurer Cathy Osborn, Law Director Allan M. Michelson, Council President Keith Riedel, Barb Hunter, Alan Robbins, Brent Osborn, Brad Schleter, Tim Karhan and Zoning Inspector Jim Brandenburg. Motion was made by Robbins to accept the May 11, 2015 Council minutes as written. Osborn seconded. 6 Ayes. Motion approved. The Clerk-Treasurer reported the following bills to Council: Joanne Dodaro Cathy Osborn 1,112.30
2 Page 2 Bills (Continued): Allan M. Michelson Ohio Edison 1, Jim Brandenburg Keith Riedel Barb Hunter Alan Robbins Brent Osborn Brad Schleter Tim Karhan 1, Columbia Gas Ohio Public Employees Retirement System Pro Touch Lawn Care 1, Eve Conley Time Warner Cable Treasurer of State of Ohio Valley View Spray Service, LLC The Post Newspapers Medina County Sanitary Engineers Medina County Emergency Management Dynamerican US Postal Service The Gazette Tom Melter Total Of All Bills $10,855.19
3 Page 3 Motion made by Robbins to pay the bills from their proper funds. Osborn seconded. 6 Ayes. Motion approved. Committee Reports Mayor Dodaro decided to come back to the Safety Committee report as Fire Chief Hall or Brad Winter is planning to attend tonight s meeting. Zoning: Zoning Inspector Jim Brandenburg reviewed his report for May & June. (See attached report) Brandenburg reported that there were 2 dumpster permits, 1 fence permit, 1 driveway permit, 2 zoning permits and 1 conditional use permit issued in May-June. The front property at the corner of Longacre Lane and the beach area will be taken care of soon. Medina County Sanitary will be fixing the yard and they are using the same street contractor as the village so they will also fix the walkway area at that time. There is a dead tree on the corner of Circle Crest and Briarwood Blvd that needs to be removed. Osborn said that tree is in the village right of way and we know who damaged that tree. He does not think the village should be responsible for that tree. Our Zoning Inspector has been in contact with Lafayette Township s zoning inspector and their trustees about the property at 91 Longacre. A resident thanked Council, Mayor and the Zoning Inspector for taking steps to clean up a neighboring property.
4 Page 4 Zoning (Continued): They are getting the same answers such as the township can t make ordinances and they can t make them mow this property. Brandenburg will continue to pursue working with Lafayette Township to find an answer to this problem. Someone reports that there is an unlicensed vehicle at 266 Rustic Rook that has been there since August of last year. The Zoning Inspector has already spoken to the owner about this. Mayor Dodaro said before we go into the safety committee report, she introduces Amy Lyon-Galvin our Medina County Sanitary Engineer who is with us tonight. Amy explains about the new Solid Waste plan and its changes. Resolution # A resolution to adopt the Solid Waste Management Plan for the Medina County Solid Waste Management District. was read by title only. Motion made by Robbins to waive the three reading requirement for Resolution # Riedel seconded. 6 Ayes. Riedel made a motion to adopt Resolution # as an emergency. Osborn seconded. 6 Ayes. Motion approved. The resolution is signed and given to Amy to take with her. Amy stays to answer several questions from Council member Robbins and the audience. Mayor Dodaro thanked Amy for attending our meeting tonight.
5 Page 5 Safety: Fire Chief Jeff Hall gave the fire department report for the month of May. (See attached report) There was one fire call and 2 EMS calls in May for the village. So far this year there have been 4 fire calls and 19 EMS calls in the village. Chief Hall would like to see the tornado siren eliminated from the Lions Park location. He would like to have the rotational siren installed at the fire station on Heather Hedge. They are working on this upgrade and will keep the village updated. Robbins read the deputy report for May as follows: 1 suspicious person and vehicle, 1 animal complaint, 1 burglary, 1 civil matter, 1 disabled vehicle, 2 follow up, 1 larceny, 1 lost property, 2 noise complaints, 2 parking complaints, 2 squad or ambulance, 5 traffic stops, 2 units using portable radio, 1 welfare check, busy signal on answer, 1 attempt to locate, 2 business checks, 1 civil paper, 3 disturbances, 1 hang up, 1 lockout, 1 neighbor dispute, 1 open door business/home, 1 reckless operation, 1 TPO CPO violation, 1 trespasser, 1 vandalism and 21 extra patrols. (See attached report) Robbins also submits his spreadsheet showing police activities month by month. The report also shows the totals for the prior year. The Law Director provided Robbins with an update of all village ordinances pertaining to policing issues so the deputies can review them on line. Robbins spoke with Sgt. Sanford about issues that arise in the village after school lets out and in the summer months. Loitering and parking issues were two that were mentioned. They are trying to do good community policing.
6 Page 6 Safety (Continued): There was a report of a vehicle parked up at the tennis courts without a permit. The deputies were able to locate the owner and have that vehicle moved. Karhan said on a different note, on Sunday, May 31 st about 7:30 pm he was driving down Beachside Blvd going north. He noticed there were about four or five individuals fishing off of the break wall just south of Point Park. There were two vehicles parked at the lot near Point Park with no permits hanging from the rear view mirrors in either vehicle. Karhan is right behind a sheriff car and he keeps right on going down the road. He said he was in the public eye for 33 years before retiring. He thinks I m the Parks Chairman and with all the resources, time and effort that we put into parking passes and we he is asking himself, what s the point? Karhan said that Council should decide if we even want to bother issuing parking passes next year. Karhan said if this is a service we are paying the deputies to provide and he is right behind the deputy car and he keeps going it gets a little frustrating! Mayor Dodaro asks Robbins to forward this concern to Sgt. Sanford and have the deputies review the ordinances in advance so they know ahead of time what we want enforced. Bill Glasenapp said he saw a deputy drive right by a car that was parked next to a fire hydrant. Now that should be ticketed no matter what deputy is driving through the village.
7 Page 7 Safety (Continued): The Law Director asked Robbins is all the deputies that patrol our village have ticket pads for parking violations? The Law Director suggests having a deputy go through all the village parking lots and write up everybody who is parked illegally and keep doing that on a regular basis. You would probably get some action out of that. Finance: Cathy presents the bank statement ending May 29, 2015 and the UAN accounting reconciliation sheet showing all balances are reconciled. She asks for Council s signatures on her copy. The only other report she has for tonight is the monthly Cash Summary by Fund. Cathy thought it would be best to make this report from the beginning of the year through the month she is reporting. This report is from January through May 31, The revenue deposited was $120, and the expenditures were $84, The ending balances as of May 31 st were $193, Star Ohio currently has a balance of $12, The bills approved tonight will be paid tomorrow morning. Cathy said she did receive the FEMA reimbursement check in the amount of $30, This was for flood clean up along the lakefront and also to re-build the Park Lake embankment that had a major erosion issue from flooding.
8 Page 8 Finance (Continued): Last month Cathy said she was asked to check into any insurance coverage for people who do volunteer work for the village. Wendy French with Burham and Flower replied in an that volunteers are covered a members for liability issues. Robbins had some specific questions about coverage should a volunteer need medical attention. The Law Director interpreted Wendy s reply as the village would be covered for liability should a volunteer cause a liability issue to other people while doing work for the village. There would be no medical coverage because volunteers are not covered under worker s compensation because they are not on payroll. Robbins said the village made a second attempt to sell the 372 Craggy Creek property by auction tonight. No bidders were in attendance. Council will go into executive session after the regular meeting to discuss this issue further. Building & Utilities: Hunter said that she scheduled Dynamerican to come in to do the annual backflow prevention test. That test was completed and the certification has been mailed into the sanitary engineer s office before the deadline date. Cathy will get a copy of that test to Barb for her records. Community Relations: Schleter reported that the first children s activity was held in the Point Park. This was a kickball game with about 15 kids in attendance.
9 Page 9 Community Relations (Continued): They have scheduled some kid s activities once a month for the rest of the summer. Schleter thanked Sharon and Jessica for all their help with organizing these activities. The next event will be the scavenger hunt/obstacle course on June 27th at 2 pm. This event will start at the Circle Park and then down to the Point Park. July will be the super soaker event, in August there will be a luau scheduled at the lake access area (beach) and in September a movie night at Point Park. All village children/grandchildren under 12 years old are invited to participate in these activities. Parents and grandparents are also invited to enjoy the fun. Mayor Dodaro said that the annual Lions Club Fourth of July Parade will begin at 1 pm in front of the Gloria Glens town hall proceed to the Lions Park. The ski show will begin at 5:30 pm with the Cardboard Boat Race immediately following. Parks: Karhan reports that the village has collected $7, for lake access passes, stickers and keys so far this year. Karhan said that normally we issue about 150 gate keys and this year we ve issued only 117. The only thing they figure is that some people are using the public access ramp to put their boat in instead of paying $15.00 for two years to use the village ramp. Karhan thanked the Ski Team for cleaning up the lake access area, putting the swim platform and ropes out. He also thanked Tom Melter to having the swim platform ladder repaired. Karhan thanked the Pride Committee for cleaning up the village grounds and planting flowers throughout the village.
10 Page 10 Parks (Continued): Karhan said that he and Riedel put in the new boat dock near the boat ramp. He said there are a few things that need fine-tuned and Cathy has all the bills. The pickle ball lines have been painted on the tennis court. He thanked Russ Martin for all his help. Karhan said this is the time of year where we bring in beach sand. He thinks we should bring in two loads of sand like we did last year. He said with the break in the wall where people enter the lake it acts as a funnel and takes away a lot of sand when the lake rises. At the end of the summer we need to find a way to block that area so we don t lose so much sand every year. Karhan asks Cathy if she remembers how much this cost last year. She said approximately $2, Motion made by Karhan to encumber up to $2, to order two loads of beach sand. Hunter seconded. 6 Ayes. Motion approved. Cathy will call her contact at Arms Trucking/Best Sand to place this order. She will arrange the delivery date, time and who to contact to have the gate opened for the drivers. Karhan said that the mosquito spraying has started again. He will spray every Monday and Thursday, weather permitting. Karhan asks Pam Williams if she got a tree planting diagram together for Council to review. She said has that diagram. She also added that there have been eleven trees taken down and thirteen new trees planted. Karhan will this diagram out for all of Council to review and give their approval by Wednesday, June 10 th.
11 Page 11 Parks (Continued): Pam Williams said that she and her husband, Bob, are not happy with how the Circle Park looks. She would like to see the boxwoods taken out and have plain grass planted there. The boxwoods look really bad and need to be removed. Streets: Riedel said that the approved road work will be started either this week or next. Every effort will be made to have this work done by July 4 th. Riedel asked Amy what kind of road surface was done on Bungalow Bay. The county did that resurfacing and it has held up very well. She will check and let Riedel know. Motion made by Riedel to encumber up to $ to have the boat ramp asphalted by Granger Paving/Akron Precision. Osborn seconded. 6 Ayes. Motion approved. Law Director: The Law Director has three cases to report on. The one was mentioned earlier which is 258 Rustic Rook. The property owner has been convicted of 20 counts of property maintenance code violations. He is scheduled for sentencing which could result in fines up to $10, on August 17, As of that date, the village needs to see progress that he is fixing everything or in the process of selling the property to someone who will. The Law Director had a case where the defendant was convicted of unlawful restraint and he is due to be sentenced on June 22 nd.
12 Page 12 Law Director: The Law Director had another case where the defendant was convicted of falsification, violating a temporary protective order and unlawful restraint. He was given credit for jail time served and his fine and cost add up to $2, The Law Director said that he sent a letter to every property owner along McCabe s Creek including up Briarwood Blvd and all the way to Chippewa Road. The letter informed them that if anybody dumps trash, debris or yard waste on anybody s property along the creek they are subject to littering charges. If they dump anything into the creek they are also subject to charges of obstructing a public waterway. He hopes that will stop whoever is doing this per the complaint brought to Council last month. New Business: Pam Williams asked about the property west of the Village Inn that is being neglected. Zoning Inspector Jim Brandenburg has reported on that property and he is working with the Lafayette Township Zoning Inspector. He understands that the property has sold and does not have any details. Amanda Hlavsa of 103 Bass Bay Blvd would like an opportunity to address Council to voice her concern. She is pleased that the Armbruster family received approval for their variance. She wants to reminder the committee here that just one month prior while my family sat here and asked for a variance that you reminded everyone that it was time to start paying attention to the zoning laws and the village requirements that are currently in place. Having time to think about this, I tend to find some of the hypocrisy of some of the members on the board to be disappointing.
13 Page 13 New Business (Continued): I would like to remind you that you are elected to represent all members of this community and not just a few. The political and good ole boy feeling I left with that day and that the application to our variance was wrong. She repeated that her family is investing into this community. As they progressed forward they made significant changes to the plan to meet the zoning requirements. There was not one concession made from the village. It is frustrating and disappointing that this committee seems to be unable to see what they were really asking for. She is happy that the Armbrusters got their variance and that it may not have affected many others. Our home would not have been any closer to the line than other homes in the area. She thanked Council for their time and she would love to hear their response to her comments. Riedel said long ago when the one-story houses were first built in the village they were too close then. Riedel said his vote came from his personal intent of everybody s safety. Amanda said she understood Riedel s feeling but there was an official from the fire department at the meeting that night that said that didn t matter to him and it would make no difference. She said when she read through the minutes and she saw the very next month that a zoning application for a variance was approved she found that to be very frustrating and disheartening. Robbins said that two things affected him on that. 1. Two owners of adjacent properties had objections to the variance. Mr. Hlavsa asked the Law Director if it was correct that those that spoke that night were sworn in. The Law Director said that is correct.
14 Page 14 He asked how is it a non-represented person s carries any weight. The Law Director said it was not the same but we did have an adjacent owner present who did have a strong objection. The Law Director said that as far as variances go they are all different. The Armbruster s property isn t even close to being like yours and that was a factor. Your variance had different circumstances, different construction and different concerns. The Law Director said he didn t think the decision was favoritism or cronyism; it was because of the physical condition of your property and the properties around it. Robbins said the second part of his comment is He was being talked over by Mr. Hlavsa and Robbins told him he still had the floor. Robbins continued stating that concerning the Armbruster variance that Mark Krosse who is an adjacent neighbor had no objection to the request for a variance. Mr. Krosse would have been the only person directly affected by the variance. Mr. Hlavsa asked what constituted an immediate neighbor. Robbins answered when two properties touch. Mr. Hlavsa asked then why did the mayor voice her opinion. She answered because she got a letter about it, that s why. Mr. Hlavsa said so you re the mayor and he understands that. She didn t get the letter because she is the mayor. She said she voiced her concern as she would with anyone wanting to build there, not just you. Mr. Hlavsa said but you re not an immediate neighbor. She said she s close enough to have her garage go when his house goes. Mr. Hlavsa said well I ll tell you what, mayor, he s close enough to have his house go if three or four other houses go. Mayor Dodaro said you are right because the houses are too close already.
15 Page 15 New Business (Continued): Mr. Hlavsa said don t use the fire issue because it s an issue that can be brought up no matter where you live in this beautiful community. Mr. Hlavsa told Mayor Dodaro don t use the fire issue that you re close enough and that s why you don t want the variance approved. He told her to be honest and don t use this. Mayor Dodaro said she was honest about it and it is her opinion. She told him if you want to hold that against her then that s his business. She said that many people have gotten variances denied over the years and that wasn t something that was just you. The Law Director said that Mr. Hlavsa is free to go to court to appeal this decision. The Law Director said if he can show it was arbitrary, unlawful and unreasonable more power to you we will honor the court s order. Amanda said she just felt she had the right to come here and voice her opinion. Amanda said she appreciates the time that was given to her. Zoning Inspector Brandenburg said that the Zoning Board made decisions last year that Council was put in the position to make this year. The Zoning Inspector does try to work with the homeowners in planning projects that they would like to do within the zoning code. The decision was not in any way favoritism or who you know or who they knew or who sits here. We are trying to follow the ordinances and keep moving forward. He thinks it is Council s right to do that and we can t hand out variances like candy. Amanda told the Zoning Inspector that she thinks his professionalism throughout this whole process has been wonderful.
16 Page 16 New Business (Continued): She just wanted to attend the meeting tonight to address Council and she appreciates Council listening and the respect she has been given. We all live together and we take part in the many activities that are here. She wanted Council to know that the decision was very difficult for their family. They did make some serious concessions and we now comply with the zoning code. Mayor Dodaro said that when she received that letter she did not talk to anybody on Council about that issue before she voiced her concern here that night. She said if you knew me and many people here do know me, they know that I will tell you to your face, not down the street if I have a problem. Mayor Dodaro said she doesn t operate that way and neither does the council members. We are sorry that you felt that way and thank you for coming. Bill Glasenapp said that the village has an ordinance (505.09) that says we shall not have barking or howling dogs. A recent renter has moved in behind him at 286 Briarwood Blvd and has a dog that barks all day and all night long. He has sent the renter a copy of this ordinance that states whoever violates this section is guilty of a minor misdemeanor. The Law Director said a minor misdemeanor is a crime where the punishment is up $ fine and court cost, no jail time. This is a police matter and the police should be called to file a complaint. The problem is that if the police arrive and the dog is not barking then they can t observe that for themselves. He tells people to record the barking or video tape it and keep a log.
17 Page 17 New Business (Continued): Amy Lyon-Galvin said that if there is any weather problems going on with the lake that she would like to be contacted on her cell phone. She wants to be pro-active if it should become necessary to close the lake temporarily because of flooding. Andy Vidra wants to donate a red maple tree to the village. Mayor Dodaro asked him to work with Tim Karhan and Keith Riedel to find the right place for that tree. She thanked him for his donation. Andy also congratulated Barb Hunter for completing the Iron Woman run. Hunter said it went well and her time was faster than she anticipated. At 8:55 pm, Robbins made a motion to go into executive session to discussb a contract. Roll call vote: Riedel-aye, Hunter-aye, Robbins-aye, Osborn-aye, Schleter-aye, Karhan-aye. 6 Ayes. Motion approved. At 9:50 pm, Riedel made a motion to return to regular session. Roll call vote: Riedel-aye, Hunter-aye, Robbinsaye, Osborn-aye, Schleter-aye, Karhan-aye. 6 Ayes. Motion approved. Motion made by Riedel to schedule the next public auction date for Monday, August 10, 2015 at 6:30 pm in the Community Center at 24 Circle Crest. The minimum bid is set at $25, Schleter seconded. 5 Ayes. 1 Abstain. Motion approved.
18 Page 18 Motion made by Robbins that the meeting be adjourned. Schleter seconded. 6 Ayes. Motion approved. Next Meeting: Monday, July 13, 2015 at 7 pm in the Community Center-Pochedley Hall located at 24 Circle Crest. Joanne Dodaro, Mayor Cathy Osborn, Clerk-Treasurer