Council Meeting Minutes

May 12, 2008

 

The Village of Chippewa Lake Council met in regular session on Monday, May 12, 2008 at 7:30 pm in the community room of the National City Bank, Lake Office Branch.

 

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, Members of Council Katrina Sommers, Terry Gray, Debbie Bican, Ray Olexa and Barb Hunter.

 

Motion made by Olexa to accept the minutes from the

April 14, 2008 council meeting.  Gray seconded.  6 Ayes.  Motion approved.

 

The Clerk-Treasurer reported the following bills to Council:

 

Postmaster                                                85.29

Ohio Edison                                            1,375.90

GatesMcDonald                                         122.00

Keith Riedel                                                 12.31

Cathy Osborn                                            863.78

Joanne Dodaro                                          366.05

Allan M. Michelson                                     773.03

Robert Locher, Jr.                                     332.52

Staples                                                     314.45

Pro Touch Lawn Care                                 722.50

Verizon North                                             58.05

Columbia Gas                                               29.70

Ohio Public Employees Retirement System   544.69

Bill Zweifel                                                625.00

Medina County Sheriff’s Office                 3,530.17

Terry Gray                                                    9.05

Total Of All Bills                        $9,764.49

 

Motion made by Riedel that the bills be paid from their proper funds.  Sommers seconded.  6 Ayes.  Motion approved.

 

Committee Reports

 

Safety:  Gray introduces Deputy Dave King who will read the patrol log for the month of April.  (See attached report) The report was read as follows: 16 hours at calls & working on reports, 12 calls assigned by dispatch, 6 self-initiated calls, 4 written reports taken, 43 vacation watches, 156 citizen contacts, 2 arrests, 2 summons issued, 6 traffic stops, 7 citations issued, 3 warnings issued,

3 suspicious persons, 4 suspicious vehicles, 8 assist to other departments and 2 presence at fire-rescue calls. 

     The deputies worked a total of 122.50 hours for April.  They logged 745 miles on the cruiser using 81.1 gallons of gasoline.

     Councilman Terry Gray reports that Mayor Dodaro, Council President Keith Riedel, Councilman Ray Olexa and himself met with Sheriff Hassisnger first and then Lt. DeShawn on

May 2, 2008.   The meeting basically was to get a better understanding of where we are with police protection as a village.  The village needed to know what we can and can’t do and we can expect from the Sheriff’s Department.   Gray said it was a very good meeting.  There were several things brought up during the meeting that has happened in the last few years in the village.  The meeting served as an organizational meeting showing us what we need to do to communicate better.   Some deputies did not know what was going on in the village because they don’t see the other deputies often.  The village didn’t have a sheet to show what was done on the previous shift so the next deputy on duty could follow up on any hot spot.  The village now has a ledger at the village hall for the officials to post important information for the next officer on duty.  With this daily log, all deputies will know what is going on in the village and what locations need attention.  This also allows the deputies to look at the security cameras.  Lt. DeShawn is our liaison between the sheriff’s office and the village and will help us implement some of the changes we want made.

     Some of the changes are: more attention paid to curfew especially around the lake area, parking permit violations, boat ramp violations, check trail between The Oaks and the beach, display village’s magnetic sign on vehicle.  Council meets on the second Monday of each month at 7:30 pm and the deputies should take this time to stop in and introduce themselves.   These are things we are asking our deputies to do.  There is a black pick up truck in the Bungalow Bay area that residents are complaining about speed and reckless operation.  These are things that once in the logbook if you are aware of this as deputy you will watch this area several times while on patrol.   Gray and the Safety Committee will be working to adjust monthly hours as needed during summer and winter months. 

     Gray wants to look into starting a Block Watch for our village.  Cathy suggests that installing “Block Watch” signs throughout the village may also be helpful.

    

Zoning:  Olexa said he spoke with Dale Zickefoose who has been our Zoning Administrator for the past few months.  He expressed to Olexa that the zoning meetings fall on a veteran’s meeting night for him and that he will probably not continue with his position with the village much longer.   Cathy states that should Dale Zickefoose leave he should submit something in writing to the village. 

     The Law Director still has not heard a decision from the magistrate concerning the Moats case.

     Olexa said that 54 Willow Wood will be an ongoing situation with the wood pile.  The owner uses wood to heat his home in the winter months.  He had just gotten the wood pile cleaned up and more wood was dropped off the next day.  Olexa suggests that the village monitor this situation and maybe the supplier can deliver wood a little closer to the house. 

     Olexa reports that the Zoning Board held a meeting on

May 6, 2008 at 7:30 pm.  (See attached minutes)  Mr. Syme apologized for not attending the April zoning meeting and requesting time to speak with the Zoning Board.   Wharton advised Mr. Syme that his appeal of the board’s decision would be to council, but he was welcome to speak to the Board tonight.  Mr. Syme presented a “monologue” in writing to the Board. 

Mr. Syme said that they want to live there with a deck like they want it to enjoy the lake.  If they can’t have it the way they want then the property will be for sale.  Mr. Syme thanked the Board for their time and will present his appeal to Council at their May 12th meeting. 

     Naragon said that there is a dumpster now on the property at 117 Clover Cliff put there by the Health Department with the clean cost being charged to the owner, Novistar. 

 

Zoning Appeal

The Law Director states that under the village’s zoning code if anyone does not like a decision by the Zoning Board on a variance they can appeal.  The appeal is suppose to be filed 20 days after the decision.

     Olexa said that the variance decision was made on April 10th and an appeal was filed within the 20 day period.  The variance is in a single family district and decks are required to be twenty feet back from the front lot line and two feet from side rear lot line.  The Law Director said it looks like none of the deck would be twenty feet back from the front lot line, so it would be a variance for the entire deck.  The Zoning Board did allow a modification of the application as described in the April Zoning minutes.  Instead of going eleven or twelve feet out, the deck was allowed to go nine feet four inches out which is consistent with the front steps.  On appeal what council does is take a look at the variance and the decision previously made by the Zoning Board.  Council has to right to review this and either affirm (agree with the variance granted by the Zoning Board), revise the variance and put different conditions on it, or deny the variance altogether.  The Law Director said that the standard for a variance legally if it’s unnecessary hardship to an owner to follow the letter of the law then a variance can be allowed.  The Law Director distributes the zoning minutes from April and the application that was submitted.  The Law Director also has the drawings that were submitted for them to review also.  This is an appeal and Mr. Blatchford (architect) and/or Mr. Syme should be given time to address Council.  Mayor Dodaro invites Mr. Blatchford and Mr. Syme to address Council with any statements concerning this appeal.  They also are willing to answer any questions that Council may have.   Mr. Syme gives each member of Council a copy of his written “monologue” for their review.  (See attached). 

     Mr. Syme turns the presentation over to Mr. Blatchford who further explains why they would like the variance granted as originally requested.  The Zoning Board’s main concern was visibility at this intersection.  Mr. Blatchford did not see where the proposed addition would impede visibility or anyone’s view of the lake.  Mr. Blatchford put stakes in the ground to show where the addition would be.  Mr. Syme states that his neighbors are enthusiastic about the new addition to the property and feel it would improve the look of the neighborhood.  Mayor Dodaro asked if there was room to make a deck that would go around the house towards the Stevenson property?  Mr. Blatchford answered yes.  Mayor Dodaro said so this isn’t the only deck you could possibly build.  Mr. Blatchford said that would certainly be another option. The Law Director said that the code requires Council to make a decision within ten days after the meeting for appeal.  That means that a special meeting would need to be called if no decision is made tonight.  Mayor Dodaro asked if anyone wanted to make a motion or ask anymore questions.  Sommers said it would be nice to see the location with the stakes up.  From looking at the pictures it looks pretty close to the road.  Sommers said the drawing is gorgeous, but the main thing that concerns her is the height of the proposed structure. 

     After discussion, it was decided that Council would stop the meeting and physically visit the site before making a decision.   Motion made by Gray to adjourn for the purpose of reviewing these plans at the site.  Sommers seconded.  6 Ayes.  Motion approved. 

     At 8:30 pm, Council members Gray, Sommers, Hunter, Riedel and Olexa visited the site.  They were also joined by Mr. Syme and Mr. Blatchford.   Council member Deb Bican will not be voting on this issue as her husband, Don, is a member of the Zoning Board.

     At 9:00 pm, the meeting reconvened.  Mr. Blatchford said he has served on a board of zoning appeals and he said he thought this board of appeals did a good job of looking at everything and will make a good decision.   He thought once the stakes went up this should be less impact than what was imagined.  Mayor Dodaro said she thinks the same thing happened with the Zoning Board.  Each one individually visited the site and measured before they made their decision as they have done with all the issues that have come before them this year. 

     Motion made by Olexa to table this discussion.  The Law Director and Mayor Dodaro advise Olexa that discussions need to be done in an open meeting.  Gray said his only objection is the grade from where the deck will end to the street without a railing.   Sommers said she thought it was going to be worse than it was.   Sommers and Hunter didn’t believe the deck would create a visibility issue.   Olexa said he believes that the county building department will make Mr. Syme put a railing on the deck.   Motion made by Olexa to accept the variance as granted by the Zoning Board for 129 Beachside Blvd.  Sommers asks if there were any conditions with this variance.  Olexa said his motion is to accept the variance as approved by the Zoning Board.  Cathy said the Zoning Board’s variance approval is explained in the April Zoning minutes.  No second heard.  Motion dies.

    Motion made by Riedel to grant a variance to allow construction of the deck at the property to extend no more than 11’7” from the foundation of the residence to the end of the deck, as described in the drawings and plans submitted with the Application for Variance, without a rail on the deck, and provided the deck surface would come down from the plans submitted approximately 14” (2 steps down from front door).  If a railing is required by the Medina County Building Department for this project, it will be necessary to reapply for a variance incorporating a railing into the plan.  This variance does not allow a railing.  Sommers seconded.  Roll call taken: Riedel, aye  Sommers, aye  Gray, aye  Bican, abstain  Olexa, aye  Hunter, aye.   5 Ayes. 1 Abstain.  Motion approved.   That is the decision of the Zoning Board of Appeals.   Mr. Syme thanked Council for their fair and good work.  After this decision Mr. Syme said that he will have to make a decision whether to keep the property or sell it.  A letter will be mailed to Mr. Syme with this decision on village letterhead. 

     Mayor Dodaro asked if anyone went to the zoning workshop that was held on May 9th.  No one attended.

     Mayor Dodaro said that Ordinance #661-08 needs a second reading.  The Law Director said this is the second reading of Ordinance #661-08 which is “An ordinance amending Ordinance #596-04, the Flood Damage Reduction Ordinance, by reason of the issuance of a new flood insurance rate map and to correct language with respect to new construction due to the merger of the villages.” had its second reading.

     Olexa said that a question came up about boat trailers being parked on front lawns.  Olexa said there is no ordinance concerning this.  The Law Director said that the thinking has always been that this is a boating community.  He believes this is why previous councils have not passed such an ordinance.   Bican said she didn’t think she could support an ordinance of this kind.  Other residents said there are some people that do not have a big enough driveway to park their boat or trailer in.  The yard is the only other option.  Gray said that if you go into any boating community you will see this.   Gray said that the tags for both the trailer and the boat should be current.  If there isn’t anything on the books for that then that should be passed.  

 

Finance:  Cathy said that she has copied the bank statement and accounting reconciliation ending April 30th for council’s review.  She asks that council signs her copy showing that have been given a copy of these documents.

     Cathy said the only report she has tonight is the monthly cash summary by fund report.  This report shows the starting balance as of April 1, 2008 in all funds were $340,555.22.  The total amount of revenue collected from

April 1, 2008 through May 12, 2008 was $66,802.67.  The expenditures for that period were $25,021.51.  The Star Ohio account presently was a balance of $12,072.26.  The ending checking balance was $370,264.12.

     Cathy said the only other topic she has to report on is an update on the audit.  The audit is progressing nicely with no problems.  She has heard that everything is very organized and they are able to find things easily. 

     Mayor Dodaro said that last month during the finance report  it was discussed about where to hold our council meetings since this bank is closing it’s doors on June 13th.  Mayor Dodaro said that we have been told that council can meet at no charge at the Church at the Lake which also has a nice parking lot.  For the record, Gloria Glens Mayor and their Zoning Inspector offered the use of their town hall for our meetings which is appreciated.  Motion made by Olexa to move the council meetings to the Church at the Lake located at 7824 Lake Road beginning on Monday, June 9th at 7:30 pm.  Riedel seconded.  6 Ayes.  Motion approved.   Sommers will make this change on the website.  Cathy will change the notice in the Gazette.

 

Parks:  Bican reports that on Saturday, May 17th it will be beach clean up day.  Kellie Olexa will also be selling lake access passes and boat stickers.     

     The boat stickers from last year are still valid and there is no need to do anything, unless you have purchased a new boat.  Resident parking permits will also be available.  The hang tags are good for all village parking lots except the beach.  The beach parking permits are good everywhere.   Kellie Olexa is making the lake access passes and the beach parking permits.  She will be reimbursed by the village for the cost of printer cartridge, but is donating the paper.  

     Bican has contacted Zweiefel to put down fresh fall zone material at the playgrounds as needed.  Sommers asks that the black material not be put down under the swings as it is easy for feet to be caught in it.  

     Mayor Dodaro has an appointment at 10 am tomorrow to meet with Greg Songer from Public Entities Pool.  He will look at our village for liability risks and make suggestions for improvements.

     Olexa said there is a tree that hangs over the play set at Pochedley Park that needs taken down. 

     Motion made by Bican to appoint Kellie Olexa and Hank Waite to the Boat Ramp Committee.  Riedel seconded. 

6 Ayes.  Motion approved.

     Bican reports that the porta-potty is being delivered this week.  The ski team pays for the porta-potty every season. 

     Cathy said that she is alright with ordering the sand because she has all the figures of how much we order and what kind.  She said that she would like to schedule this year’s delivery with Debbie for a time that she could be there to open the gate for the delivery trucks. 

     Cathy asks if Debbie wants the same amount of sand as last time.  Debbie said it looks like we will need the same amount.  Cathy will call Best Sand and check the cost and contact Debbie with that figure and when to schedule. 

     Cathy will call to have phone service on at the beach by Memorial Day.

     Mayor Dodaro asked if the water fountain is working in the Bungalow Bay Park.  Cathy said the meters were put in on May 9th and Brent said he would have the water fountain working by this weekend.

     Mayor Dodaro said that the Beautification Committee is here tonight.  Pam Williams said that pictures have been taken for reference and they are driving around the village watching for improvements.  Bican reports that a donation has been received towards the beautification program in the amount of $500.00 from the Lloyd Naragon Trust.  This donation is to be used for permanent improvements.  Cathy asks that all receipt for reimbursement should be mailed to the village’s PO Box 25, Chippewa Lake, OH  44215.  The receipts should be separated between permanent and seasonal improvements so the money can be kept track of easier. 

     Mayor Dodaro said that a letter has been received from the Gloria Glens Association.   On Saturday, June 7th  at 10 am there will be a representative from ODNR who will do boat safety inspections.  Anyone from the village is welcome to bring their boat to the lakefront at Gloria Glens for inspection.

     Mayor  Dodaro said that the contract from G&O Spray Service has been received.  The spraying will take place on Monday and Thursday evening, weather permitting, at a cost of $295.00 per application.  There will be a fuel surcharge if fuel goes above $3.99 per gallon. 

     Motion made by Riedel to accept the G&O Spray Service contract for mosquito spraying for the 2008 season.  Olexa seconded.  6 Ayes.  Motion approved.

    Bican said that she did contact the Emperors of Swing for the cost of a concert in the park again this year.  Bican said that the cost increased from $390.00 which was donated to over $600.00. 

     The Law Director said he has received a draft lease agreement from Tom James of the Parks District.  In the past year the Parks District gave the village a use permit.  Now they are proposing a 4½ year lease which is more permanent.  The Law Director said that he would like council to review this proposed lease.  Mayor Dodaro asked the Law Director if there was anything they we needed to negotiate that wasn’t fair.  The Law Director said the one thing in the lease that he doesn’t like is the six month out clause.  He said this lease is either a 4½ year lease or it’s not.

 

Streets:  Riedel said that pot holes are being taken care of.  Motion made by Riedel to accept the contract from Lytle Construction for chipping & sealing Reid Road, Craggy Creek and Clover Cliff, provided the work is completed within thirty days from today or the contract is null and void.  Gray seconded.  6 Ayes. Motion approved    

     Circle Crest will be stabilized tomorrow, weather permitting.  After stabilizing it must sit for five days then the road will be paved.  They will then seed and clean up the area and they will be gone.

  A swale is needed at 429 Northvale to take care of standing water.  Riedel has a list of catch basins that need replaced or fixed within the village.  Motion made by Riedel to encumber $5,000.00 additional for swales and storm sewer repairs.  Gray seconded.  6 Ayes.  Motion approved.

   Olexa said that he put up “Children At Play” signs at Point Park last week because there were no signs near the playground.

     Olexa said he fixed several signs that were leaning or on the ground.  He would like to move a few stop signs in the village closer to the intersection where they should be.  Riedel had no objection to Olexa moving these signs. 

 

Community Relations:  Hunter said she attended the recent Planning Commission meeting in Lafayette.  They discussed taxes and issues they are thinking about proposing.   Naragon said that when they passed the rezone apparently they didn’t pass the maps that went with the rezoning. 

     Hunter said she is not going into all that was discussed, but she does have a list of their proposals.  Mayor Dodaro said that we only want to know things that concern our village.  Hunter said that one of their proposed maps showed the entire Village of Chippewa Lake being proposed  park land.   One lady at the meeting kept calling the inlet a canal. 

     Hunter said there will be a Lafayette Township meeting on May 29, 2008 at 7 pm at the township hall. 

 

Buildings:  Mayor Dodaro thanked Sommers for the nice newsletter she recently put together. 

     Sommers said she spoke with Kerry Illes and he talked to the county department and they are willing to work with the village in phases for the proposed town hall.  She would like to have a meeting on Monday, May 19th at 9 am.  Keith is not able to attend on Monday.  The buildings meeting with Kerry Illes will be scheduled for Tuesday, May 20th at 9 am at the town hall. 

 

Law Director:  The Law Director has four cases to report on since the last meeting.  The first case is guilty of persistent disorderly conduct.  The second case is guilty of no operator’s license.  The third case is pending for domestic violence with a trial set for June 13th.  The fourth case is  pending for driving under a suspended license with a trial on June 18th. 

     The Law Director said that there was some kind of confusion in the past about whether the lot on Twilight Trail had lake rights.  The Law Director states that property does have lake rights.

 

Old Business:  None

 

New Business:  Kellie Olexa said that there is a blue cap that keeps popping out of the road on Beachside Blvd.   Riedel will contact the water company to come to down to fix the cap. 

     Mayor Dodaro reports that the Medina County Emergency Management is getting countywide outdoor urban warning task force together.  Mayor Dodaro had to put the village on this list even though we already have an outdoor warning siren that Lafayette Township installed in Lion’s Park.  They will let her know when the meetings are and then she will see if anyone wants to attend. 

     Riedel would like to commend Pam and Bob Williams for their beautification program idea for the village. 

     Sommers asks if the village could hire Zweifel to clean up Garman Road.  There are fallen trees and garbage in the village right-of-way.   Mayor Dodaro will contact Bill Zweifel for a price to clean up the right-of-way on Garman Road. 

 

At 10:35 pm, Motion made by Olexa that the meeting be adjourned.  Gray seconded.  6 Ayes.  Motion approved.

 

Next Meeting:  Monday, June 9, 2008 at 7:30 pm at the Church at the Lake at 7824 Lake Road.

 

 

 

                                ________________________________

                                Joanne Dodaro, Mayor

 

 

                                ________________________________

                                Cathy Osborn, Clerk-Treasurer