The Council of the Village of Woodsfield
December 2, 2024
The Council of the Village of Woodsfield met in Regular Session on December 2, 2024.
I. Roll Call:
Present: Council Members; Dale English, Tom Kirkland, Anthony McDaniel, Kaylee Sefert, Tiffany Ramsay, Matt Schaber, Mayor Carol Hehr, Fiscal Officer Lori Cunard, Village Administrator Kevin Brooks and Solicitor Ryan Regel.
II. Pending Meeting Minutes Approval:
Anthony McDaniel made the motion to accept the November 18, 2024 meeting minutes as written. Matt Schaber second. Motion passed 6-0.
III. Registered Visitors/Guest:
Jeff Rice – Mr. Rice attended the meeting because he had recently received a ticket due to his dogs escaping his yard. He said the reason they escaped from his yard is because the Village has a ridiculous number of stray cats. Mr. Rice said that part of his frustration is that he has been looking for ways to address the problem but is being told there isn’t any funding to enforce the law regarding cats. He said he has also been frustrated because he has stopped in the Municipal Building 4 times to talk with the Mayor and she is never in the office. Mr. Rice said he is newer in the area, and he understands people are busy but if we have public officials that have posted business hours then why can’t he talk to someone. Mr. Rice said not only can he not catch the Mayor in the office but he cannot get anyone to return his phone calls. He has not been able to get anyone to assist with the issue or even enforce the codes that we have in place. He said he received $225.00 in fines because his dogs are breaking out of the fence to chase the cats. The cats are urinating all over the outside of the house and flower beds and no one is doing anything to correct the issue. Mr. Rice said more importantly if there is no funding to correct this issue and there is no one to talk to about it then people get penalized for one law verses the other. He said that leads to a lot of frustration. He asked if the Village financials are public record and as a citizen if he could have access to them? Mayor Hehr told him they are public records, and he could request them from the Fiscal Office. Mr. Rice said he would like to start becoming more active in the Village but how does he get in contact with some of the Officials. Mayor Hehr explained to him that she has another job outside of being the Mayor and that is why she is not here when he comes in but she is in on Monday and Friday mornings or he can make an appointment in the Fiscal Office to see her and he can also call her on her personal cell phone. Mayor Hehr said normally she calls everyone back and she did get a message from Lori Cunard, Fiscal Officer, on November 15th regarding his issue and she apologized for apparently missing the message. Mr. Rice said that when it comes to running the Village, sometimes the residents need help. He said he pays income tax, property tax, and he pays ridiculous utility rates here and it is difficult to find someone to help when there are issues. He has been dealing with this for about a month. It started with the Police Department who told him they were not enforcing it, they sent him to court, and they told him they did not enforce it, the court sent him to the Mayor’s office and no one was in so he had to pay a fine. He said the cat owners who let their cats run all day do not get fined or the people who feed the stray cats do not get fined. Mr. Rice asked as a citizen what does he do? Does he have to pay a $200.00 fine every time his dogs get out? He said he paid for a permit to put up a 6-foot fence around his property, so he, as a citizen, is doing what he is supposed to do but no one is doing anything to correct the original problem of the cats, and he is getting penalized. Solicitor Regel spoke up to verify with Mr. Rice if he had spoken to the Police Department about the cats. He said that a lot of the time, proving ownership of the cats is hard to do and it makes it hard to enforce the code. A lot of the time they are stray cats and with no owner then there is no one to be held liable. He said cats are always going to be an issue but establishing ownership is the difficulty when enforcing the code. Mr. Rice said people are feeding the cats, which makes the problem worse, and Solicitor Regel asked if he had anything to assist in establishing ownership or residents who are feeding them. Mr. Rice said if you watch them to see where they go and where they are getting their food it would go a long way. He said maybe there should be an Ordinance to trap and relocate the cats or license them the same way you have to license dogs. If someone is setting food out for 20 cats, then that neighborhood is going to have a problem. He said we do have Ordinances stating residents are not
supposed to feed the stray cats, it is a finable offense. Mr. Rice said we are not enforcing that but the person who does abide by the law and puts money into a fence is the one getting fined. The Ordinance that is put in place that takes some time and effort to research is getting ignored. Solicitor Regel said he takes issue with the statement that the Ordinance is getting ignored but again it is the problem of proving ownership of the cats. Solicitor Regel said he would encourage Mr. Rice to take pictures of those specific individuals that he thinks are feeding the cats and violating the Ordinance and then turn them over to the Police Department. Mr. Rice said the Village Police Department has no interest in remedying the problem, that was the very first place he went to begin with. He said he was told that the Village Police does not have the resources to handle the cat problem. He said that he stopped in to ask Village Police how to handle the situation and that led him to the court and the court led him to the Mayor’s Office and now to the Council meeting. He said his issue is that he has had to take additional steps and costs to contain his animals but cannot do anything about the cats. Solicitor Regel said he does not think the Village Police Department would say they don’t have the resources. Mr. Rice asked if there are camera’s downstairs so they can pull the camera footage and play the entire conversation he had with the officer because this is a real concern to him. He said he is paying income tax and property taxes; he wants to know where those dollars are going because when he has an issue he can’t get any help, he said to Council it is irrelevant that he got fined $225.00. Solicitor Regel said that by Mr. Rice being here at the Council meeting expressing his concern is a helpful situation. He encourages him to talk to the Village Police Department because they are the ones who would enforce the code but from a legal standpoint in order to enforce the code, ownership will be the difficult part. Mr. Rice asked what the plan is for feral cats and if there is any kind of plan in place due to health concerns and them urinating on residents’ homes, the cat feces, and even the possibility of rabies. He asked if they were trapping and relocating. Mayor Hehr said there was a conversation a few years ago regarding what if we trap a cat and relocate it and it was not a feral cat, it actually belongs to someone. Mr. Rice said that according to the Ordinance if that happens and the owner comes forward then they will be responsible for the expense of the trapping and relocation. The Ordinance also states that cats are to be contained to their premises and if not, it would be the same fine, up to $100.00, as a dog running at large. He said we already have laws in place to bill or fine the owner. Mayor Hehr said she would have a talk with Chief Corey Jones and would get back to Mr. Rice about what can be done, and she will also report the conversation to Council at next Council meeting.
IV. Old Business:
None
V. Administrator Report:
Nothing to report.
VI. Fiscal Officer Report:
Fiscal Officer Lori Cunard reported that the meeting with Foley Benefits regarding health insurance was this morning. The Village will stay with Foley Benefits and United Health Care for 2025.
VII. Committee Chair/Council Reports:
Dale English – Dale English asked for Executive Session regarding Employee Compensation at the end of the meeting.
Tom Kirkland – Tom Kirkland would like to make the recommendation to budget funds in each department to start replacing infrastructure. He said we need to start replacing the water lines and replacing the 2400 electric wiring with the 7200 wiring. He knows this will not all happen overnight, but we need to start doing a little at a time each year. Also, there is some outdated equipment in some of the departments needing replaced. Tom Kirkland said the Finance Committee needs to get together with the Fiscal Office to see how much, if any, can be budgeted for each department every year. He said to look at where the water department has the most trouble with leaks and broken water lines and start
there. He also said that the 2400 wiring is probably where most of our electric outages happen and he feels that rather than tree trimming we should take the trees down if they are on our right of way, take
them down. Mayor Hehr said at the Superintendents meeting this morning she asked them to each make a list of what their needs are for their departments as far as infrastructure, equipment, and vehicles. She is hoping they will each have their lists in a couple weeks, and we can start from there.
Anthony McDaniel – Nothing to report.
Kaylee Sefert – Nothing to report.
Tiffany Ramsay – Nothing to report.
Matt Schaber – Nothing to report.
VIII: Solicitor’s Report:
Solicitor Ryan Regel said he had one more comment for Mr. Rice. He feels the biggest problem is people dumping the cats in the Village. He doesn’t feel the Village is creating the problem and he understands what Mr. Rice is saying regarding looking for enforcement. Solicitor Regel said we need people to be responsible. There are organizations that can help with spay/neutering and that is important. He also encouraged again that Mr. Rice to talk with the Village Police Department regarding the issue. Mr. Rice said his issue is that it is a financial penalty for him, and he means no disrespect, but everyone is telling him it is not their problem. Solicitor Regel said the first step is that everyone needs to be responsible when it comes to the ownership of pets and step two is we need to adequately find out the root of the problem and address it.
Mr. Rice asked if salaries are also a public record and Solicitor Regel said all financial records are public. Lori Cunard said she could email him the information.
IX: Mayor’s Report:
Mayor Hehr asked for a motion to approve the payment of bills. Anthony McDaniel made the motion. Tom Kirkland second. Motion passed 6-0.
Mayor Hehr asked for a motion to approve the Mayor’s Court Report, November 2024. Dale English made the motion. Anthony McDaniel second. Motion passed 6-0.
Mayor Hehr asked for a motion to approve the Income Tax Report, November 2024. Kaylee Sefert made the motion. Matt Schaber second. Motion passed 6-0.
X. Un-registered Visitors:
Britta Palombi – Ms. Palombi lives at 103 Olin Drive. She said on the back side of her house there is a stream and across the stream is a hill that goes up to the football field. She said the stream overflows with water and her backyard is always wet and muddy. She said she can’t do anything in her backyard due to getting water. Ms. Palombi said there are about 6 or 7 homes including hers that get water. She would appreciate it if someone would come out and look into the problem. Mayor Hehr said she would talk to Andy Copley, Street Superintendent, and have him take a look at it.
Peggy Buckalew – Mrs. Buckalew stated that last month when she received her utility bill her water usage was 1,025 gallons so she knew this month’s bill would be higher. To her surprise, on this month’s bill it said her usage was 27,000 gallons. She came to the Utility office and talked to Tina Tubaugh. Tim Lude, Water/Wastewater Dept. came by and re-read the meter inside the house and the meter reading had been incorrect. Tina Tubuagh called the Buckalew’s to let them know it had been corrected; she commended Tina Tubaugh on the job she does.
Mayor Hehr asked for a motion to go into Executive Session regarding Employee Compensation. Before the motion was made Mayor Hehr explained that anyone wanting to stay is welcome, but they need to wait outside or downstairs because at the last meeting they had an individual waiting in the lobby who said they could hear everything that was talked about during the Executive Session. Dale
English made the motion. Matt Schaber second. Motion passed 6-0. Executive Session entered at 5:55 p.m.
Mayor Hehr asked for a motion to go back into Regular Session. Matt Schaber made the motion. Tiffany second. Motion passed 6-0. Regular Session entered at 6:30 p.m.
Dale English made a motion to accept the Finance Committee recommendations for the 3 administrative positions wage increases. Dale English also stated that the Resolution for wage increases does not have to have the individual’s names but just the job titles and the new wage in the Resolution. Anthony McDaniel second the motion for the recommended wage increases. When Mayor Hehr took Council vote, the motion was defeated 5-1.
Dale English then suggested to increase the Village share of health insurance from 85% to 90% due to the increase in premiums. After discussion, Council did not come to an agreement. Dale English made the motion to increase the Village share of health insurance premiums from 85% to 90%. No second. Motion defeated.
XI. Adjourn:
The Mayor asked for a motion to adjourn the meeting. Kaylee Sefert made the motion. Matt Schaber second. Motion passed 6-0. The meeting was adjourned at 6:40 p.m.
ATTEST:
___________________________ ____________________________
Carol Hehr, Mayor Lori Cunard, Fiscal Officer