Village of Mantua
Regular Council Meeting
March 10, 2011

Mayor Hawkins called the meeting to order at 7:00 p.m. & led the pledge of Allegiance.

Roll Call: Donna Hawkins, Linda Clark, Linda Schilling, Marty Hura, Ben Prescott, Roger Hawkins, Giles Seith.

Others Present: Clerk-Treasurer Jenny August, Village Solicitor Michele Stuck, Police Chief Harry Buchert, Village Administrator, Anthony Fiorilli III, Brian Rogers with C.T. Consultants.

Public: Pearl Campbell, John Clark, Graham Harmon, John Harmon, Bill Zoller, Barky Zoller, John & Lisa Surgeon, Dean Olsen, Missy Lyle, Jason & Christine Pitsinger, Ellie Stamm, Carl Zeleznik, Jason Heilman, Norm Erickson, Tim St. Hilaire, Don Schilling, Jody Fiala, Elaine Jones, Kirk Ressler, Cassandra Sage, Jeff Wisniewski, Robert & Anita Michael, Marie Minard, Lou & Ella Werchelsky, Robert Martin, Evelyn Park, and John Heinl.

Minutes: Motion to approve the regular meeting minutes of February 15, 2011 made by L. Schilling with a second from M. Hura. All ayes on vote.

Mayor Hawkins asked Council to amend tonight’s agenda to allow Dean Olsen from the Soap Box Derby to address Council.

Motion to amend the agenda for tonight made by L. Schilling with a second from M. Hura. All ayes on vote.

Dean Olson, as President of the Portage County Soap Box Derby addressed Council. Their committee has a couple goals this year including have a racer from each Township come in and race at our regular race in Mantua. Another goal is to increase the awareness of the race itself. He would ask Council if the Soap Box Derby could utilize the baseball fields to the north of High Street for a car show. This would be held on race day with the hopes it would bring more people to our community and make it more fun for everyone. The race will be held on June 18 with a rain date of the 19th. Linda Schilling asked Dean if he has checked with the baseball or softball groups. Dean said he has not yet checked with them on their schedule, if the past he has not seen much activity going on there on race day. Dean is asking for Council’s blessing on their plans. Linda Clark asked Michele Stuck if they would need any kind of liability insurance coverage. Michele asked Dean if they were not already insured for their event. Dean said yes we are insured for the race event. Michele said as long as their insurance names the Village as an additional insured and this is part of your event. Dean said yes it is part of our event and the Village is named on their coverage. Marty added they would have to coordinate with our Police Chief, Harry, on how to get cars in and out of that area. Harry said they usually close that street down that day. Dean said they plan to route traffic either from Pioneer Trail to Peck or from Canada Road to Peck over to High Street and park visitors where the Potato Festival is held. The car show should last the majority of the day along with the race. Harry asked if anyone has heard whether the other event will be taking place that day as well. Mayor Hawkins said regarding the downhill regatta, she is not certain it will happen in conjunction with the Soap Box Derby this year. Dean said they have some other ideas such as having a celebrity at the race or have a Mayor’s race with Mayors from different entities or perhaps a Police Chief’s race. Ben Prescott asked for a motion.

Motion to allow the Soap Box Derby to use the Potato Festival area made by L. Schilling with a second from M. Hura. All ayes on vote.

Mayors Report: Donna gave a quote from Abraham Lincoln who said, “He has the right to criticize who has the heart to help”. She presented some facts that need to be known. As Mayor and CEO of the Village of Mantua, she felt it her responsibility to clearly state she considers Ordinance 2011-01 and replacement Ordinance 2011-11 along with Ordinance 2011-12, irresponsible legislation on behalf of the committees who brought these forth before Council.

It is her strong opinion that any vote in favor of this legislation is a hostile act against the citizens of the Village of Mantua. The current situation, which sets at odds the businesses and the citizens, is completely on the backs of five Council members in her opinion and this is why. As Mayor, Donna has made every attempt to avoid this conflict by involving business owners early on that we felt would be the most effected. In early January, it became apparent that High Street was showing signs of distress and with the exceedingly limited resources of the Village to repair any of our roads, and with the County Engineer placing a weight restriction on County roads by 35%, Chief Buchert and she met individually with business owners, Lakeside Sand & Gravel and Brugmanns. It was our hope they would aide the Village to help reduce, not eliminate, through truck traffic nor did she say to enforce the ordinance already on the books that clearly states through truck traffic is not allowed on any of our residential streets. Both companies were very helpful, they understood our plight and they provided their customer lists. Three days after receiving their customer lists, Linda Clark proposed to the Finance Committee that through truck routes be established on High, Maple and Franklin. In that meeting, Ben Prescott agreed and it then went to Council in January where it was passed on first reading, Ordinance 2011-01.

Councilman Roger Hawkins wanted the citizens to have input and asked Council to delay and allow this to go three readings, that was denied. Council voted 5 to 1 to make High, Franklin and Maple through truck routes even after knowing that she had gone to the businesses. January minutes will reflect that. Upon passage of this ordinance, Citizen Hawkins then passed a referendum petition, which would allow citizens an opportunity to vote in November. In three days, he had over 100 signatures. This brings us to Ordinance 2011-12, where once passed, Council will be rescinding their previously, direly needed legislation that they passed creating through truck routes, why would they then do this. They did not want citizen input when they passed it and they do not want it now. It is very important to note that this is not just High Street, it is not just Maple Street, if you were to get the voters list and look at it, she would hazard to say that about 80 percent of the streets were covered in the Village of Mantua. They are taking away the citizens right to vote on this in November. They are making it go away. Now they are replacing it with Ordinance 2011-11, which has the effect of creating through truck routes on every residential street in the Village. This idea came from the Safety Committee, who seems to be completely dismissing the concerns and safety of its citizens. Are they concerned with the children playing, the track team running, residents walking or children riding their bikes? Whose safety is at risk? Not to mention our property values and the severe drain on the finances of the Village in an effort to constantly maintain our roads. They wrote this as emergency legislation. If Council passes this tonight as an emergency, it will prevent the citizens from circulating a referendum and prevent them from having a vote.

As Mayor, she does not vote and cannot veto, she took an oath of office to enforce their ordinances even when she knows them to be in direct conflict with the will of the people. Furthermore, once passed, the Mayor is required to sign the legislation. She does this only to authenticate it and wants that clearly understood. She does not support this legislation. Even an engineering study complete with core samples illustrates that our streets cannot support truck traffic. The Finance Committee is aware that the exceedingly limited revenues of the Village are such that funds do not exist to resurface our roads and there are only limited resources to patch them. The question of through truck traffic on our residential streets, two major issues exist; our financial ability to repair and maintain our roads coupled with their current deplorable condition and the rights of our citizens and property values. Property values are based on the aesthetics of our community. It is the right of every American to have enjoyment of their property; it is the American dream. It is the reason we go to work every day to support our families and the largest investment of our lives, our homes. That is why citizens vote in their elected officials to protect their investments. It is their reasonable expectation that those officials will make wise decisions on their behalf. Our Village’s residential homes are the very foundation of the entire Village. It makes up our tax base and is where the largest portion of our revenue comes from. The citizens of our community are what support all of our services. The Mayor apologized to the citizens in advance if Council chooses to ignore their concerns.

Finance Report: Jenny gave her financial report as of February 28, 2011. So far, our audit is progressing along nicely. The Auditor has been reading the meeting minutes, and reviewing our bank reconciliation. He has not found any issues there. He is very concerned about the advances we have made in the last few years from the General Fund to the Water & Sewer funds. He and Jenny will be making a spreadsheet next week and look at possibly making payment schedules to pay these advances back. Since we are meeting early this month, she would like to ask Council to allow her to pay the Wright-Express fuel bill when it comes in as we did in December. Otherwise, they will not be paid until late April after Council meets and we might get a late fee. The Department Heads would approve the invoice first and reconcile their portion with their receipts, and Jenny would ask the Finance Chair to review them as well before she runs the check. Jenny asked Council to make a motion to allow for this.

Motion to allow the Clerk-Treasurer to pay the Wright-Express fuel bill as soon as it comes in made by B. Prescott with a second from L. Schilling. All ayes on vote.

The Auditor has recommended two new reports he would like Jenny to share with the Finance Committee. Between the two, they are about 30 pages long. One report determines if we are collecting the amount of money that we had hoped to, and the other one focuses on our spending. We reviewed these reports at Finance last night, if anyone wants to see them, she can e-mail them or print them out.

Our checkbook balance at the end of February: $ 309,628.00
Revenues for February: $ 153,580.00
Expenses for February including payroll: $ 80,865.00

The Cash Summary report shows that no adjustments were made. Reconciliation of the Water-Sewer department receipts and the UAN receipts matched. Reconciliation of the Municipal Income Tax receipts and the UAN receipts also matched. The February bank reconciliation had no adjusting factors.

Motion to approve the financial reports: bank statements, fund status, reconciliation, revenue & expenses reports, cash summary report, made by L. Schilling with a second from M. Hura. All ayes on vote.

Bills of Resolution:

Motion to approve Bills of Resolution with addendum for February including C.T. made by L. Schilling with a second from M. Hura. B. Prescott abstained, all other ayes on vote.

Motion to approve Bills of Resolution with addendum for February omitting C.T. made by L. Schilling with a second from M. Hura. Jenny wanted to mention an item on the addendum list from a woman who damaged her tire and requested the Village cover the repairs. It was discussed at Finance. It is on the addendum list if Council would like to discuss it any further with Anthony or Michele. She said she hit a big pothole. The Mayor asked Anthony where this had occurred. Anthony said she hit a hole on High Street and his department could not get to it to patch for several days due to inclement weather. She actually damaged her wheel; the tire had popped off. Marty asked what portion of High Street. Anthony said it was the west side of High Street going westbound. Jenny said she spoke with Michele who thought it might be in our best interest to pay it. Anthony agreed. The woman has her invoices for repairs. All ayes on vote.



ORDINANCE 2010-60: AN ORDINANCE SETTING FORTH CONDITIONS FOR THE USE OF THE OLD WATER PLANT AT BUCHERT PARK. 3rd READING. Motion to take off the table made by B. Prescott with a second from L. Clark. L. Schilling abstained, all other ayes on vote. Motion to approve made by B. Prescott with a second from L. Clark. Michele wanted to clarify something procedurally, when a motion to approve is made and open for discussion, the discussion comes after it has been seconded and then after that you do not need another first and second, all you need is the roll call. Roger commented that when he reads this agreement, it looks more like a lease. Per ORC, anytime we lease property, there are conditions such as terms of the lease, an amount and you have only one person using the building. ORC also requires you to put this out for bid. Since the Village is hurting for revenue, Roger felt they could probably get $500 per month rent for that building. Roger is objecting to this because the Village has a facility that we should keep control of and allow it to be used by various organizations. The way this is written it would be used by one organization, three days out of the year. Marty said that since there are no facilities in that building, Roger’s argument does not hold water. There is not any water; no bathrooms and we have a facility right next door for anyone who wants to use it. Roger asked why anyone would want to use it then. Marty said when the Potato Festival uses it they have temporary bathroom facilities. Roger felt any other organization could do that as well. Giles added we have another facility that is used by only one organization and we have a lease, shall we terminate the lease with the American Legion? Marty does not believe that is a lease. Giles said they are still the only organization that uses it; the Potato Festival building has a lot to be desired and they have put a tremendous amount of work into that building. Roger asked whether the American Legion uses their building more than three days a year, it is part of a building that we do make available to the public.

Ben Prescott noted to the Mayor that Donald Schilling wanted to address Council. Mayor Hawkins recognized his desire to speak, however, Council is not through discussing the issue and when they have finished, we can go to the public. Besides that, he is also affiliated with the Potato Festival; Donna was not certain that he should be allowed to speak, which would be up to Council to decide. Marty wanted to say that over the past five years, everything that has been done to that building has been done by the Potato Festival at their cost. At no cost to the Village and we are talking a ton of money.

Mayor Hawkins wanted to make a statement that had been mentioned to her yesterday by the state auditor during a meeting with him. He indicated that in a situation like this, of course this would be up to our solicitor, that all parties involved that stand to benefit, should actually remove themselves from the room. This had been brought to her attention. Jenny said that would be for Council members only she thought he had said. Michele agreed with Jenny. Marty felt it was a little late to be bringing this up now and that the Mayor should have brought this up when it was first brought to the table. Donna said this meeting occurred yesterday at 4:00 p.m. Marty said he was not talking about that meeting; he was talking about excusing people from the room tonight before discussion. The Mayor repeated that she was not made aware of it until late yesterday. Linda Clark felt if the Mayor was going to bring it up, she should have two minutes ago when we came to this legislation. The Mayor apologized for not doing that, it had just come to mind. Donna does wish to say something on this as well. Linda Clark also wanted to say that before the Potato Festival started using this building; Mr. Trego was in the process of tearing it down. The Potato Festival has put a lot of money into the building trying to refurbish it and she sees nothing wrong with having them use the building versus having it sit empty. Roger felt the Potato Festival has been well compensated for their work through the utilities that it has cost. Based on a 24-month period, $ 1,633.00 for electric and Dominion Gas, which is much higher but which is shared by another building, of $ 3,453.00. If you were to average this out over a 20-year period, there is a potential for $ 50,000. The Mayor wanted to state for the record that this ordinance, in her opinion, was brought forth inappropriately per Council rules and our codified ordinances. She referenced article #12 of chapter 121, the Parks Board of Commissioners in accordance with the Village of Mantua code of ordinances section 951.01, shall consist of five members appointed by the Mayor with the approval of Council.

Two of whom to be members of Council with the other three members being residents of the Village. The Parks Board of Commissioners shall have the control and management of the Village Park and its facilities and all improvements and additions thereto in accord with section 951.02 of the Village of Mantua code of ordinances. The Mayor would suggest that this be tabled again and goes to the Parks Board of Commissions. Ben said Council has control of finance and property of the Village; it does not have to be tabled. Donna said that is the rules of Council, your rules. Ben said we do not have to table this.

Linda Clark did want to say with regard to what Roger had brought up about the utilities, whether or not the Potato Festival is using that building during the winter months, the Village must leave the gas on because of the water lines that run through it. They do share a gas meter with the American Legion. On the electric, there are other things on the outside of that building that are tied to that building and the electric use. Roger said this was an agreement that was signed by the previous Mayor that they would take care of all utilities and the maintenance for the cost of $ 1.00 per year. The Mayor noted that this ordinance was written solely for the Potato Festival. Originally, it was written to encompass other festivals as well such as the Soap Box Derby, Art on the Hill, the triathlon, any organization that does anything to benefit the Village of Mantua. This ordinance was changed to reflect the Potato Festival only and the Mayor has issue with that. Michele felt it was not necessary to have this go back to the Parks Commission and added that even though this building situated on park property, it has never been considered a park facility. The Mayor felt that if you look at it that way, then the Park Lodge is not part of the park facilities either. Ben said Council has the control over Village property and finances. Donna said not according to your Council rules. The way Michele interprets this piece of property is that it has never been treated as a park facility and the other thing is that Council rules does say that Finance is responsible for ordinances so it would be appropriate for them to recommend amendments to it. The Mayor agreed with Finance recommending amendments to it, not to establish an ordinance that is to deal with property, she disagrees with the ordinance itself. Roger added that ORC, Section 721 talks about leasing property, if you are giving this to one person for a specific amount of time and you have conditions for the use of this property; it is a lease. It says right in the ORC that it must go out for bid. The building is under the control of the Village.

Motion to make two amendments with the first one being under Exhibit A, #3 Use, to state, “the premises shall be used by the Potato Festival for the use of carrying out business meetings” and the second to add #17, “the Potato Festival must be given 24 hours notice before entering the building unless there is an emergency and that we agree to put an outside electrical outlet there with security and a GFI on it so that if someone needs to use electric they can use it from the outside of the building” made by L. Clark with a second from B. Prescott. Mayor Hawkins asked if that would be without permission of the Potato Festival, she asked for clarification. Michele also wanted clarification regarding who would be entering the building. Ben said anyone. Donna added that this had to do with one of our police officers entering the building. Now, you have to have 24-hour notice to the Potato Festival before any Village official, including the Police Department, can enter the facility. Michele said it does not specify who is allowed to enter the building, the way it is written, the Potato Festival would also have to give 24-hour notice before entering. Michele was sure that was not the way Council intended on it being interpreted. Ben said the Police and Fire would be able to enter in an emergency. Marty felt Council should specify that it would be either the Service Department or the Police and Fire Departments. Chief Buchert said it should read, “No unauthorized personnel without Mantua Potato Festival permission shall be allowed to enter the building without 24-hour notice.” The Mayor agreed with Marty, that way the Service Department could go in if need be. Ben said what Harry said would work fine. Harry added that in an emergency if the Service Department would need in there, they could to protect the Village’s interest. Michele clarified it to say, “No unauthorized personnel shall be permitted to enter the building without 24-hour notice to the Potato Festival, except in the case of an emergency”. Council went onto discuss further the electric outlet placed on the outside of the building and whether it was needed.

Anthony asked who would install it, who is responsible for it. The Mayor said it would be the Potato Festival. Anthony said you would also need to have a disconnect on the inside to turn the power off, you do not want it available to anyone 24 hours. Ben said Council should just forget about the GFI.

Ben recognized Donald Schilling to speak on the topic. Don Schilling, as a member of the Potato Festival, said he has been called on many occasions to go down there and run an electrical extension cord and has done it with no problem. All they want is an agreement similar to what was given to the American Legion. The Potato Festival has invested $15,000 into that building, if they hadn’t, Council would not even be discussing it right now because the building would have been torn down. Regarding the utilities, the heat is kept at the very minimum plus; gas is supplied to the legion as well as the lodge, which is rented out on multiple occasions. In addition, the electric for the Lions Club stand comes out of the Potato Festival building. There is no water in that building, no bathrooms; there are holes in the floor and a large pump in the center. The Potato Festival has put $15,000 into that building and probably another $15,000 or more of members’ labor to improve that building for the Village.

Michele added that this ordinance has been changed since last month and Council should make sure they approve the collective amendments of Exhibit A. Roger asked if this gives the Potato Festival exclusive rights to the building. Michele said no. Roger said so another organization can use it upon request. Ben said no. Michele said, as she understands, others can enter the building with 24-hours notice but less than 24-hours notice, is an emergency. Ben clarified that unauthorized personnel needs to give 24-hour notice to the Potato Festival unless it is an emergency and then the emergency people can enter. Michele said the Village has control over who enters in the case of 24-hours notice. Ben said no. Roger felt Council should table this again. Ben said no, we are not going to table it; it has been discussed in committee for six months. Marty asked Harry to restate the amendment the way he phrased it. Michele said the way she wrote it was, “no unauthorized personnel shall be permitted to enter the building without notice to the Potato Festival”. Ben added, unless it is an emergency. Michele said the emergency part is separate, but to clarify the intent of Council, what qualifies personnel as being authorized, that is who can enter with 24-hours notice? Ben said no, that is not what we are talking about. The Chief said the building is being turned over to the Potato Festival, the only time anyone can enter that building is with Potato Festival permission, period, unless an emergency exists. Michele said then she would have to say that Roger is correct because “we” must maintain control of this building in order for this to simply be an agreement. We cannot turn it over completely, we cannot relinquish control. Ben asked Michele, wasn’t this agreement based on the American Legion agreement? Michele said that is one portion of a larger building, we use that building. Ben said the Village owns the property and is responsible for it. Michele said the Village does own the property but the Village must also maintain control of the property. Michele’s understanding of it is that the Village was going to permit use of electricity for an outside event; the utility portion of that building could be used by others with the Village’s authorization and notice to the Potato Festival. Harry said yes, the Village would provide 24-hour notice to the Mantua Potato Festival if the building were going to be needed for other purposes. Roger wanted to clarify that we are not asking them; we are telling them 24-hours prior, correct? Michele said that is right. Ben said you are giving notice to them that someone else wants to use the building, you are not telling them. Giles said that would mean the Village takes the liability for someone else being in there. Roger said no, they get their liability insurance before they can use it. Marty said the Village will notify the Potato Festival 24-hours in advance. Ben added, if it is needed to be used by someone else.

Linda Clark wanted to ask, as Don Schilling pointed out, there are two waterlines that have never been capped off that are 12-18 inches round; who would have the liability if someone is in there and they fall into one of the two holes? Ben told Don to pour some concrete in those holes, the waterlines are dead. Linda Clark wondered how the building could be set up to hold business meetings with tables and chairs other than the Potato Festival because they have all their stuff in there.

Michele stated, “The Village will provide 24-hours notice to the Potato Festival if the building or its utilities are needed for use by a Village authorized entity except in the event of an emergency”. The Mayor asked Council if the Potato Festival reserves the right to say no. Michele said not as this reads, no. Roger asked if that fulfills the requirement of 721.23. Michele said that which pertains to the Village maintaining control of the building, yes. Giles added that the Village then maintains the liability of anybody in that building because they are leasing it out; the Village is letting someone else in. It must be the Village’s responsibility for letting someone in, not the Potato Festivals. Michele said the Potato Festival already has insurance on the building and the Village has insurance on the building. Jenny asked if someone needed in, whom would they contact in the Village, would it be the Police or our office. Ben said it could any one of them, Police, Service or Administrative. Jenny felt our office would authorize access for electricity, but not to use it if it is not safe with open holes for waterlines. Harry felt we would contact the Potato Festival and give them the numbers and let them deal with them directly. Ben felt that would be best. Harry said we have the key for emergency purposes. The Mayor added that it says a key would go to the Fire and Police Departments. Linda Clark added that if someone is in there, they would have to bring their own chairs and stuff since everything in that building belongs to the Potato Festival. Ben said the Potato Festival and them could work that out.

Donald Schilling asked to speak and said who would be responsible when things come up missing or become broke; they have a lot in there. Don said the Village had done nothing to that building; it was a dump. Now the Potato Festival is going to be exposed to people coming in there, using our possessions and possibly breaking them. Ben felt they should get themselves a little agreement for when people call them. Don asked if they could charge these other groups to use it. Marty said no, it is right in this agreement, you cannot sublet the building. Don asked if they have the right to refuse someone. Donna said no, not per our solicitor. Michele said the Village has the right to say if somebody else is appropriate for whatever the use and felt it may be appropriate to draw up some other type of application. Giles felt we cannot lease the Legion side of the Park Lodge, the Village owns it, but they have a lease on it but if he can sign a lease, he can lease it out from under them, correct. Roger said no. Giles said well that is exactly what you just told the Potato Festival. Roger referred to the ORC. Ralph Zoller asked if you run the Potato Festival out, what other events do you have in the Village. The Mayor said off the top of her head she could think of Art on the Hill, Soap Box Derby and walk through Mantua’s past. Ben called to question. More discussion between the public and Council. Jenny asked what Council is voting on at this point, are we voting on the amendment? Michele said we are voting to accept the amendment. Donna asked if we had a motion on the floor. No. Motion to accept the amendments made by R. Hawkins with a second from M. Hura. L. Schilling abstained, all other ayes on vote. Motion to approve as amended made by B. Prescott with a second from R. Hawkins. L. Schilling abstained, all other ayes on vote.

ORDINANCE 2011-05: AN ORDINANCE RETAINING MICHELE A. STUCK, ATTORNEY AT LAW, AS SOLICITOR FOR THE VILLAGE OF MANTUA, OHIO AND SETTING HER COMPENSATION FOR THE PERIOD FROM MAY 1, 2011 THROUGH APRIL 30, 2013. 2nd READING. Ben asked if Council needs to suspend the rules and pass this ordinance tonight. Roger said they had discussed that if her contract would be up before our next Council meeting, we would need to suspend the rules, if not, we could pass this at the next meeting. Michele explained if Council suspends the rules tonight, it would go into effect in 30 days, which brings you to the middle of April. If you go to a third reading in April, Council would have to declare it an emergency or be without a solicitor for two weeks. Motion to suspend the rules made by B. Prescott with a second from L. Schilling. All ayes on vote. Motion to approve made by L. Schilling with a second from B. Prescott. All ayes on vote.


Ben asked if we need to suspend the rules. Michele said no, this is different from the version before Council last month. Before you do anything, it would be appropriate to have a motion to accept the amendments that were recommended by the Service Committee. Linda Clark said before we do that, she would like to make one more amendment. If Council would look at Exhibit A (e) #7, which conflicts with 2011-17 (f) 3. Linda Clark recommends removing (e) 7 from this ordinance and leaving it in 2011-17 (f) 3 so it is in one place only. Marty asked for more clarification on this amendment. Linda Clark said we are just removing (e) #7 because it conflicts with the payment plan in 2011-17. Motion to approve the amendment made by L. Clark with a second from L. Schilling. All ayes on vote. Linda Clark felt Council needs to suspend the rules and pass the whole amendment. The Mayor thought because it is on second reading, it can go to a third reading. Ben said they want to suspend the rules. Michele said it makes no difference to her if they suspend the rules and pass it tonight as long as the ordinance is in an acceptable final form. Motion to suspend the rules made by M. Hura with a second from L. Clark. All ayes on vote. Motion to approve as amended made by B. Prescott with a second from L. Clark. All ayes on vote.



ORDINANCE 2011-11: AN ORDINANCE AMENDING SECTION 339.02 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF MANTUA, MODIFYING THE WEIGHT LIMITS FOR VEHICLES USING VILLAGE STREETS, AND DECLARING AN EMERGENCY. Motion to suspend the rules made by B. Prescott with a second from L. Schilling. Roger asked what the emergency is for this ordinance. Ben said he was only asking to suspend the rules. The Mayor clarified that Council is suspending the rules for an emergency, correct. Michele said if Council suspends the rules, they dispense with three readings; the emergency is in the language and is unrelated to suspending the rules. R. Hawkins voted no, all other ayes on vote. Motion to approve made by L. Clark with a second from M. Hura. Roger questioned the facts behind making this an emergency and what established those facts. The Mayor said the ordinance came from Safety. Giles said that is correct; it basically goes back to the 5-ton limit on High Street. When people took out the petitions, they put the 5-ton rule back into effect, which means no vehicle over 5 tons can use High Street. The Mayor asked Giles what he was saying about the petition. Giles said when that petition was turned into the board of elections that put the old ordinance back into effect until the next election. It means the Police Chief could stop every vehicle over 5 tons. A ¾-ton pickup will not be able to go over the hill, never mind the sand and gravel trucks or anything else. Giles felt the ordinance considering truck routes was a very good ordinance; unfortunately, it was not going to hold so we changed it. Linda Clark said actually it was a 5-ton limit on any street. Roger could not see a pickup truck being over the limit. Linda Schilling said when you have a pickup truck with tool beds on it with tools and everything else, they weigh 5 ton; they could not even park it on a side street. Roger said he talked to the State of Ohio Department of Transportation and they said 5-ton was a common weight limit for residential streets. We also have a report from our Village Engineer that recommended no trucks. It was done ten years ago based on a twenty-year study. According to an engineer’s report that did a core study of our side streets and especially on High Street, water is a factor along with our side streets not built to withstand the heavy trucks, it was recommended not to allow trucks; they do damage the roads. Linda Schilling felt that Roger made this personal when he recommended a truck route on Prospect rather than having trucks go up the hill where he lives. Roger said no.

The Mayor called order and stated that was incorrect. Roger said the original ordinance from Linda Clark did include Prospect Street but our Council president said he did not want it on Prospect Street. Linda Clark told Roger if he listens to the tape, we discussed putting Prospect Street on it. Roger said the original four streets were Prospect, High, Maple and Franklin. Linda Clark said no, it was High, Maple, Franklin and Mill Streets. She had originally put Prospect on her list; it was taken off before it even went into ordinance form. Roger said that is what he said, Linda’s original proposal. Linda Clark said that is when it was still in discussion and to quote what he said at the January meeting; Roger felt it would make it easier and safer for the trucks to avoid the hill by going down Prospect Street where there is no hill. Roger recently heard the same comment from an engineer.

Linda Clark went back to the 21-page report that Roger had from C.T. Consultants dated November 29, 2001. This survey was done in November and they counted the traffic going up and down the hill. It said in the survey that they had 1760 vehicles on the street, in one day she assumes, and 88 trucks. This is a farming and mining community; in late November, there is no way you are going to have 88 trucks going up and down that hill. It also said the lifetime of a road is 20 years; she did some research and the last time High Street was done in 1990. Linda Clark felt it was in good shape for 21 years if we have so much truck traffic on it now. Roger asked Linda if she was an engineer. Linda said no, are you one Roger. Giles said this is a great report; four percent of the traffic going over the hill is truck traffic. Also stated in this report is setting a weight limit may be proven very difficult. It also has the core samples, which are ten years old. If you go back to the front of the report and find out what the core sample mean, it says that High Street has a pretty good base to it. Giles added that any good ¾-ton truck with any load on it at all, exceeds the 5-ton GVW weight limit. A maintenance truck of any type would exceed, such as one that goes out to the wells or a plumbing truck.

Ben recognized Lisa Surgeon to speak before Council. Lisa said she lives at the bottom of the hill as the trucks go down; her concern is not the weight limit but the children walking from the middle school. There are no sidewalks and those kids are out in the road. Trucks need to maintain a certain speed to get up that hill, it is about controlling that truck and the speed, and it is safety. Giles said there is a problem with not having sidewalks on all our streets. However, kids run on tracks, they do not have to run on High Street. More comments from the audience. Linda Schilling commented that she is a walker and she walked these hills everyday. She was stopped by a police officer and told to get off the road and onto the sidewalk. The kids should not run that road and when her daughter ran track, they were not allowed to run on High Street, only roads with sidewalks. John Surgeon felt it was simpler to keep the trucks off the hill and make them go around town. Lisa Surgeon asked what benefit we get from the trucks, any tax dollars. Council members replied yes. Roger said a truck that pays approximately $1,500 in license fees we get maybe $400. If a vehicle is registered outside of the Village, we get five percent of what is paid to the State. Roger asked Michele if any ordinance would stop a delivery vehicle or a school bus from coming into our Village. Michele said school buses of course would be exempt to go wherever they drop children off. With this current version, only vehicles with a destination on a street would be allowed to deviate from the State route. Harry clarified that it is the most direct route off a State Highway. Linda Schilling said that no one on this Council wants to see any child get hurt. Lisa Surgeon added that it is a school that these kids are walking from to get home; it is not just the track team. More discussion on who can ride the buses and who would have to walk. Lisa Surgeon was still concerned with the speed and asked if the Village could monitor them for speed. Harry commented that we do monitor the trucks and we probably have less than one percent of any of the violations that we have there are from trucks. They appear to be going faster than they are because they are loud but they are within the limits. Lisa Surgeon asked whether an ordinance could set speed limits for trucks, given their weight loads and everything. Harry said the speed limits are set by the State of Ohio, not by the Village of Mantua. The only control we have over the speed limit is to have an engineer come out and do a study on the speed and give a recommendation to the State, however, we have to justify our recommendation to have it changed, we cannot just go in and do it.

Giles said our third largest employer in the Village is a trucking company, T.L. Express. Stamm’s is a trucking company in town along with Sierra; they buy their lunches in town and their parts. Lisa Surgeon accused Giles of having a personal agenda. Giles stated that his agenda is trying to save the Village of Mantua from bankruptcy! More heated discussion continued between Council and members of the audience.

Tim St. Hilaire respects everyone’s opinions; his concern was how the Police Department would be able to enforce the weight limit ordinance.

Marty asked for a short recess. Mayor Hawkins called the meeting back to order after a ten-minute break. Since Donna has the floor, she wanted to say a few things. She had a conversation with an ODOT supervisor this afternoon and he indicated to her, in his words, that trucks will destroy the roads, especially sand and gravel trucks and he felt they have no business on residential streets. Going back to the C.T. report from 2001, our Village Engineers, this report was for only West High Street, from Main and up. It said driving over roads not created for trucks, will destroy them. Something that came to their attention last night in the Finance meeting, a report from the Clerk, Jenny August, where she predicted that our Streets fund would be out of money by August. Roger brought up a referendum before him that was passed. It represents an ordinance but it also represents the will of the people of which the Board of Elections certified 98 signatures. There is an ordinance on the agenda tonight that would take away the ordinance that this referendum represents, it cannot take away the will of the people. This is one-third of the voting population in the Village. It is available as a public record. Ninety-five percent of these people wanted the trucks off, this petition does not say yes or no to the trucks. All the people that signed it believed that the people should have their say in November. Linda Clark spoke with six people that signed that petition. One said she signed it because of her children, three other people told her that the Mayor had called them before her husband came down to collect signatures and two said they were busy cooking supper and homework and just wanted to sign it to get back to what they were doing. Roger said one day it was very bad weather and he was getting calls from people who wanted to sign it.

John Clark felt the original ordinance actually addresses and strengthens the Village’s position in that it limited the streets that a truck could go on. He does not give any credence to that report because it was the same engineering group that gave us the turning lane on State Route 44. They had admitted in an open meeting that they dropped the ball up there. If you are going to get a report, you should get another independent study, up to date. There may be some grant money out there for some sidewalks. Barky Zoller spoke about East High Street, the kids use the sidewalk until they get to Park Street and then they shoot out into the road, three and four wide and they go right down the road and will not move. He is talking about the track team. Roger asked if we had another engineering study, would Council be happy with that. Linda Schilling we are already paying one engineering firm. John Clark said he would address it because he brought it up. We are well past the 20-year life of High Street under normal conditions. One of the biggest reasons any street is in the condition they are in is because the Village has not had the money to maintain them or spent money somewhere else. Roger said even though we are at a point, say the roads did last for twenty years; right now, the roads are falling apart. We do not have the money to fix the roads but we have the where-with-all to stop the damage. Linda Schilling added that this winter has been the worst for these roads. John Clark felt that because this is such a heated topic, to let it go three readings and not suspend the rules tonight, it deserves that time for discussion. Roger said we have a request to let this go three readings so that the citizens can have input on it and he would like to make a motion to take it at first reading and not make this an emergency. Michele said she believed that the motion to suspend the rules cannot be reconsidered. According to Robert Rules of Order, a motion to suspend the rules cannot be reconsidered, so since Council has already voted to suspend the rules, the rules are suspended. Therefore, if this passes today, it goes into effect immediately. Linda Schilling called to question. R. Hawkins voted no, all other ayes on vote.

ORDINANCE 2011-12: AN ORDINANCE RESCINDING ORDINANCE 2011-01 AND REPEALING SECTION 305.11 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF MANTUA, PERTAINING TO TRUCK ROUTES, AND DECLARING AN EMERGENCY. 1st READING. Motion to suspend the rules made by B. Prescott with a second from L. Schilling. R. Hawkins voted no, all other ayes on vote. Motion to approve made by R. Hawkins with a second from L. Clark. Roger said this is the ordinance that had to do with the referendum. If Council votes for this, they take away the people’s right to vote in November. Linda Schilling said this would take away the first one. The Mayor said this in effect, will make it so that you do not have the ability to vote in November. Linda Schilling said you could still vote in November, just not on this issue. She felt what was said was misleading. Roger said you would not have the right to vote on what you signed the referendum for. Council is saying they do not care what you want; they are going to pass this anyway. More discussion on voting. Roger said if Council passes this, it would not appear on the ballot in November. If Council does not pass this, it would be on the ballot and allow the people to vote on it.

The Mayor recognized Bill Zoller. Bill said he has been a resident of this Village for 56 years; trucking, farming, aggregates have all been a part of this Village and has all brought money in. How many more businesses does this administration want to drive out of this town. We have had enough of you people and we will show that in the election this year. Roger said at least you would have the right to vote. Bill felt you just cannot keep driving them out of town, all our roads need repair, and High Street is one of the better ones. The Mayor said the problem with High Street being one of the better routes, is that it is now falling to disrepair and the Village has no financial where-with-all to pay for any repairs on any of them. Why do you support the constant beating up of any road? Linda Schilling said to Donna that you want to stop it from going down High Street but you will put them down Prospect where someone will get killed making the bend. The Mayor thanked Linda for bringing up Prospect because she wanted to address that. It is true that originally during the Finance Committee meeting, that was a street that Linda Clark did propose. It did not go any further than that and was taken off. The reason they took it off was because Ben Prescott lives on Prospect Street and he pointed out that there had to be a law on the books, of course we do not know when or where it would be, because of the building that caught fire when a truck ran into it. She is certain there is no such law but that is why they took it off Prospect Street.

Linda Clark had two comments to make, one regarding when Roger first addressed this and he said he had reports of 10 accidents, trucks related, that occurred on High Street. Linda would like to see those reports. Roger said he did not say reports. Linda said she has the floor. Linda said Council has been told we do not have the money to do the roads. She said our commercial trucking companies and businesses pay over $52,000 a year in permissive and licensing fees. Linda Clark felt we could be doing maybe a block at a time of our streets with that money if we had not been using it for wages and other things in the past. She added if you take into account the $40,000 - $50,000 in insurance that we have had to pay for this Mayor in the last four years.

Mayor Hawkins stopped Linda at that point and stated that was personal. The Mayor brought up two things; the permissive licensing fees are an aggregate and come completely from the State of Ohio. It would come whether or not these trucks were using the streets in the Village or not. As for the insurance, that was found by our solicitor that she was absolutely entitled to it, Council has never gotten over that fact. It was a Village solicitor’s opinion, who was hired before she was Mayor and that Council appointed. Roger said he knew of 10 accidents, he did not say he had reports.

Carl Zeleznik asked all residents to really pay attention. He owns a trucking company behind Fall & Stebbins Automotive. He pays a corporate tax for two businesses in the Village, he has withholding tax taken out of his pay and owns residential and commercial property in this Village. If everyone looks at their property tax bill, you would see a pie on there, which shows exactly what each person pays to this Village. If we lose businesses, then banking will not be done here and people would have to be laid off.

The taxes we pay to this Village are a lot. He asked people to be aware of what they are signing when they sign a referendum. He lived on John Edward Drive for 20 years, why does the school allow those kids down that road if it is a safety factor. If all the trucking companies are run out of town, the Potato Festival and Fall & Stebbins Automotive, is Mantaline going to support this Village! Who is going to pay for all the services, the residents? At the January Council meeting, Ronyak was here with their excavator and volunteered to donate to fix High Street, how sad is that. This Village ran them out; Carl went and talked with Lakeside Sand & Gravel and Brugmanns, the way it was presented to them is not the way it was presented at a Council meeting. Lisa Surgeon said she was just talking about safety. Carl could understand that and felt they should go to a school board meeting and stress safety. There are other streets such as S.R. 44 that kids cross every day that have much more equipment going up and down it, than High Street.

Lisa Surgeon stressed that her concern is the safety of these kids and the trucks coming over the hill. This is the first time this has ever been addressed, that she knows of. You are talking about money, the livelihood of this town is important but so are the lives of even one kid, there has to be a happy medium. Carl said we need to keep the kids out of there. Lisa said that is not a happy medium for everybody, it is a happy medium for Carl. Carl said no, it is not happy for him, it is happy for everybody that wants this town to live financially. Roger wanted to respond to a comment that was made that if we do not have trucking businesses and allow them to destroy our roads, they will move out. What about the businesses that moved out even though they were allowed to drive the trucks such as Solon Sand & Gravel. Businesses come and businesses go; it is a growing pain.

Kirk Ressler, he has lived on E. Franklin Street for 22 years. Over the years there have been a couple of semis going down to Mantaline, but truck traffic has probably been less than 1/10 of one percent on my road. E. Franklin Street is probably the worst road of any in the Village and trucks cannot be blamed for that. In addition, has anybody done a study to find out how many people have either been hit or killed by a truck here in the Village or surrounding areas over the last 20 years? Harry said the Police Department has just received an award for 50 years without a pedestrian injury or death.

President, Ben Prescott, called to question. R. Hawkins voted no, all other ayes on vote.

ORDINANCE 2011-13: AN ORDINANCE AMENDING VILLAGE OF MANTUA CODIFIED ORDINANCE SECTION 921.02 TO INCLUDE RATES FOR “BULK WATER”. 1st READING. Ben felt Council needs to suspend the rules to get this man selling water to make some money. Motion to suspend the rules made by L. Schilling with a second from L. Clark. Motion to approve made by L. Schilling with a second from L. Clark. Jenny said this is just to establish a bulk water rate so we can sell water to fill swimming pools and make a little bit of money. The Mayor thanked Anthony for doing this. All ayes on vote.

ORDINANCE 2011-14: AN ORDINANCE AMENDING VILLAGE OF MANTUA CODIFIED ORDINANCE SECTION 931.01 TO CLARIFY DUE DATES FOR SEWER BILLINGS. 1st READING. Motion to suspend the rules made by B. Prescott with a second from L. Schilling. All ayes on vote. Motion to approve made by L. Schilling with a second from L. Clark. All ayes on vote.

ORDINANCE 2011-15: AN ORDINANCE AMENDING VILLAGE OF MANTUA CODIFIED ORDINANCE SECTIONS 921.05 AND 931.04 RELATING TO ADDITIONAL DELINQUENCY CHARGES FOR WATER AND SEWER BILLING. 1st READING. Motion to suspend the rules made by L. Schilling with a second from B. Prescott. All ayes on vote. Motion to approve made by L. Schilling with a second from L. Clark. All ayes on vote.


Motion to suspend the rules made by L. Schilling with a second from L. Clark. All ayes on vote. Motion to approve made by L. Schilling with a second from M. Hura. All ayes on vote.

ORDINANCE 2011-17: AN ORDINANCE AMENDING VILLAGE OF MANTUA CODIFIED ORDINANCE SECTION 941.21 IN ORDER TO CLARIFY THE POLICIES FOR WATER AND SEWER BILLING AND DELINQUENT BILLS. 1st READING. Motion to suspend the rules made by L. Schilling with a second from B. Prescott. All ayes on vote. Motion to approve made by L. Schilling with a second from B. Prescott. Bill Zoller was questioning (d) (2); he did not feel this was fair if you have multiple properties. If one of his units is not paying, the Village can shut down all of his units. Anthony clarified if it is on a single meter with multiple units. Bill said there is only one access line. Anthony said he would need 24-hour notice to access that one meter to shut off. Bill said he could give 24-hour notice to access but that is not what it says here. Michele Stuck said it is actually what our current codified ordinances does say, it is not a new provision. It used to exist under section 941.18. What Bill was referencing has the same effect as what existed in section 941.18 since 1987. Bill would ask that it be removed. Linda Schilling asked Michele if this could be amended. Michele said what this is saying is that the person who holds the account, for example, Bill has an account for his home and for rentals. What this currently says is if one of his rentals properties becomes delinquent, we could actually turn the water off at his personal house, or at the premises of the account holder. Michele said you want to strike all of number two, and then have it so that the water would be turned off only at the property where it is delinquent. Council members agreed and added, with a 24-hour notice. Bill added the problem with that is if you have only one feed line with two meters. Can the Village shut it off inside at the meter if he provides access to it. Anthony said yes, he can lock it down.

Motion to amend ordinance 2011-17 to delete (d) (2), made by B. Prescott with a second form L. Schilling. All ayes on vote. Motion to approve as amended made by L. Schilling with a second from M. Hura. All ayes on vote.

RESOLUTION 2011-18: A RESOLUTION ESTABLISHING A NEW FUND FOR THE VILLAGE OF MANTUA AND DECLARING AN EMERGENCY. 1st READING. Mayor Hawkins stated this is for the well pump and Council needs to amend it. Motion to suspend the rules made by B. Prescott with a second from L. Clark. All ayes on vote. Motion to approve made by L. Clark with a second from B. Prescott. Linda Clark would like to make an amendment in the first paragraph where it says three water well pumps; we only received a grant for one water well pump. Motion to amend made by L. Clark with a second from B. Prescott. All ayes on vote. Motion to approve as amended made by B. Prescott with a second from M. Hura. Roger asked Anthony if he was okay with this, does this allow him to do what he needs to do. Jenny said we are required at part of the grant to establish a new capital improvement fund. That is really what we are doing here, is setting up a new fund. All ayes on vote.

RESOLUTION 2011-19: A RESOLUTION DECLARING VOID AND TERMINATING THE JUNE 16, 2003 LEASE WITH THE MANTUA POTATO FESTIVAL FOR THE OLD WATER PLANT, AND DECLARING AN EMERGENCY. Motion to suspend the rules made by L. Clark with a second from B. Prescott. L. Schilling abstained; R. Hawkins voted no, all other ayes on vote. Michele said this is at first reading. The Mayor said it was declared an emergency. Michele said in order to suspend the rules you need three-fourths of the vote, which is 5 out of 6, you do not have that. The suspension of the rules does not pass so it is on first reading.

RESOLUTION 2011-20: A RESOLUTION FORGIVING THE MANTUA POTATO FESTIVAL OF ANY CHARGES FOR UTILITIES WHICH MAY BE CLAIMED TO HAVE ACCRUED UNDER THE VOIDED LEASE RELATING TO THE OLD WATER PLANT AT BUCHERT PARK, AND DECLARING AN EMERGENCY. Motion to suspend the rules made by B. Prescott with a second from L. Clark. L. Schilling abstained; R. Hawkins voted no, all other ayes on vote. This is on first reading.

Committee Reports:

Police Chief, Harry Buchert reported the next Safety meeting is March 31 at 6:30 a.m.

Village Administrator, Anthony Fiorilli III, had nothing to report tonight.

Brian Rogers, Assistant Village Engineer with C.T. Consultants, reported that they are working on the pressure problem in the northeast quadrant. They did meet with Anthony at the water plant. The Mayor thanked C.T. for their help in acquiring this latest grant.

Shade Tree: Linda Clark reported for Shade Tree, they are still working on their Arbor Day project with the intermediate school third graders. Sometime in April they plan to donate seedling trees to the kids and have them write an essay on what can you make with wood. Middlefield Bank will be giving out a $50.00 savings bond and we will have coupons to give out from McDonalds.

Finance: Linda Clark reported she has just been chair for one month and we are broke.

Service: Linda Schilling had nothing to report except that their meetings have been changed to 7:30 in the morning on the first Tuesday of the month.

Parks: Marty had nothing new to report on parks.

Planning: Mayor Hawkins apologized for having to cancel the meeting for last week; she had to admit her mother into the hospital.

BZA: Roger had nothing to report.

Safety: Giles said everything has been discussed more than enough. Marty asked Giles if it should be mentioned about the no left turn sign. Harry said the Safety Committee made a recommendation to move an ordinance to Council for a no left turn off State Route 44 onto Grand Elm Street for southbound traffic between 7:00 a.m. and 3:00 p.m. Monday through Friday. After some discussion with Michele, we are going to bring it back to committee.

New or Other Business: Cassandra Sage, a NHS member of the high school, wants to start up again the Jaycee’s Easter egg hunt. She would like to have it at the park in Mantua; they would not need to use the Lodge. The date for the event would be April 16 from 1:00 p.m. to 3:00 p.m. with a rain date set for the following Saturday. This would be a non-profit event with either a $1.00 donation or food cans, which would be donated to the Jaycees. They are planning a coloring contest with the elementary and primary school to help get the word out about it as well. She hopes they will be able to have an Easter bunny. Marty asked Cassandra if they would need one of the pavilions. She said yes, they probably would use one of them. Marty asked her to check with Jenny to make sure one of them is open.

The Mayor said what Tess was asking Council for is permission to use the park and one pavilion if available on those dates. Motion to allow her to use it made by L. Schilling with a second from B. Prescott. Mayor Hawkins asked Tess if she has printing available to her. Tess said that is something she is working on. Michele said that whenever there is an event involving juveniles, our insurance carrier requires a waiver form for these juveniles to be signed. Tess said they could pass them out with the coloring contest paperwork. Donna said you could also have them available at the event. Harry asked Tess if this is a school function. Tess said yes, the National Honor Society is through Crestwood High School. Harry asked if the school’s liability would cover this, she might want to check with Mrs. Corbett at the board office. Michele said she would guess the school generally does not have a policy where the Village is named an additional insurer.

Harry said when the Police Department uses the school buildings; they call up their insurance company and have them put on as an additional insurer. Harry said he would check with Mrs. Corbett on Monday regarding the form. Linda Clark added that she would like to contact Tess because she may have access to a bunny costume. The Mayor asked a woman in the audience, Elaine, if she could provide printing at no charge for this event. Elaine said no, she only knew how many per school would be needed. The Mayor asked if Council would allow her to print off some of these coloring pages. Jenny said that would be an auditor question. Donna said this is a Mantua event. Linda Schilling said it is a school event. Elaine said that Maplewood would probably allow the young man there to do that since he needs a project too. All ayes on vote.

Ben wanted to say that Council members have committee meetings; everything that the public has heard has been discussed numerous times in committees, come to the meetings.

Mayor Hawkins brought up one other item regarding the technical assistance hours from Regional Planning that we would like to donate to the Downtown Mantua Revitalization Committee. Speaking with Michele and from discussion last night at the Finance meeting, a donation was looking a little uncertain because there is a value for them of about $1,800. Ben said we were going to make a motion pending our Solicitor, Michele, checking with Todd Peetz to see where he got the authority because he was the one asking for them. The Mayor said she would have to write a letter allowing them to go to DMRC. Jenny asked how many hours are we talking about. Donna said 36.5 hours at a value of $1,733.04. Motion to donate our technical assistance hours pending research by our Solicitor, Michele Stuck, made by L. Schilling with a second from B. Prescott. All ayes on vote. Mayor Hawkins wanted to clarify that once Michele gives the authority to do this, it allows the Mayor to write the letter to Regional Planning authorizing them to give the hours to DMRC. Council agreed with this as long as it is legal.


Motion to go into executive session at 10:01 p.m. for personnel employment and pending court action made by L. Schilling with a second from B. Prescott. All ayes on vote.

Motion to go back into regular session at 10:20 p.m. made by L. Schilling with a second from M. Hura. All ayes on vote.

Motion to adjourn the meeting at 10:20 p.m. made by B. Prescott with a second from M. Hura. All ayes on vote.

Mayor Donna Hawkins

Clerk-Treasurer Jenny August