Meeting Minutes (5-3-21)

The Council of the Village of Woodsfield

May 3, 2021

I. Roll Call:

Present: Council Members Dale English, Tom Kirkland, Jamie Hill, Carol Hehr, Ray Hughes, and Anthony McDaniel, Mayor Mike Ricer, Solicitor Bill Frank, and Administrator Kevin Brooks

II. Pending Meeting Minutes Approval:

Jamie Hill made the motion to accept the April 19, 2021 meeting minutes. Ray Hughes second. Motion passed 6-0.

III. Registered Visitors/Guests:

Michael Walker with Air EVac Lifeteam was present to talk to Council regarding membership. Mr. Walker stated that if Council agreed to let him make a presentation to Village employees and have the membership dues payroll deducted the membership dues would be at a discount.

Audrey Caeton was present to ask for approval of Lovefest, to be held on July 31, 2021 at City Park again this year. Anthony McDaniel made the motion for the approval of Lovefest to be held at City Park, July 31, 2021 from noon-3 p.m., no charge for use of the park/pavilion. Tom Kirkland second. Motion passed 6-0. Audrey and her husband Daniel also wanted to speak to Council regarding sewer issues they have been having. Kevin Brooks spoke up and said that Audrey and Daniel should stay in contact with Paul Robison. Kevin and Paul agree that it looks as if the problem is on the Caeton’s end. Kevin said that a permit is not needed for them to do a repair of the line.

IV. Old Business:

The Mayor just wanted to state that the sidewalk next door is completed. Yoho Construction did a really good job on it.

V. Village Administrator Report:

Kevin Brooks wanted to speak to Council regarding City Park. He said that since the upgrades and additions have been done the Park continues to be vandalized by minors. The restroom doors and supply room door has all been vandalized, a fire has been started in the restroom, playground equipment etched with profanities, all exterior light bulbs stolen twice, siding on the pavilion dented with rocks being thrown and so on. Kevin Brooks is asking that Council close the Park indefinitely. The Village has spent about $90,000 and the Park is constantly getting vandalized. The Village has not received any restitution or been made aware of any community service being administered to any of the minors doing the vandalism. A great deal of discussion followed regarding how do we get justice with minors doing the vandalism or if there would be any other options other than closing the Park? Anthony McDaniel made the motion to close the Park indefinitely, only to be used by individuals with permits that will be issued at the city building. Jamie Hill second. Motion passed 6-0. Kevin Brooks stated that signs will be posted at the Park and he will speak to Corey Jones tomorrow morning to set a meeting with the Prosecuting Attorney as to what options the Village may have.

Kevin Brooks stated that bids have been taken on the 2008 Ford Explorer that was a Police cruiser. There were 4 bids turned in with the high bid being from Shannon Collins for $1,050.00. Brooks asked for a motion from Council to accept the bid and sell the cruiser in the morning. Tom Kirkland made the motion to accept the bid from Shannon Collins in the amount of $1,050.00 for the sale of the 2008 Ford Explorer. Carol Hehr second. Motion passed 6-0.

The Council of the Village of Woodsfield

May 3, 2021

Kevin Brooks said that on behalf of the Police Department, Corey Jones is presenting Zackary Tolzda for consideration as a part-time Police Officer hired at $14.94/hr. subject to annual review and step increases. Jamie Hill made the motion to hire Zackary Tolzda at $14.94/hr. as a part-time Police Officer for the Village. Anthony McDaniel second. Motion passed 6-0.

Kevin Brooks spoke with Mike McGlure last week from AMP. Brooks reminded Council that the Village had signed a Power Purchase Agreement with AMP to purchase 24×7 power at a rate not to exceed $29.25/mwh for 2023-2027. Last week we authorized AMP to purchase, on our behalf, 24×7 power at $27.75/mwh for 2023-2027 which the Village is currently paying the $29.25/mwh. Brooks is still waiting on confirmation that this was able to be done. Also, last week it was discovered that the Mayor is the person authorized with AMP to negotiate. The Mayor and Kevin feel it is best that Kevin be given authorization. He and the Mayor have signed the proper forms from AMP to proceed with this change. Brooks wanted Council to know that he will be the one negotiating with Amp moving forward.

Kevin Brooks also let Council know that they took a Green Leaf Energy Advisors presentation last week regarding a solar project. They will be doing another meeting tomorrow. Brooks doesn’t know if this is the right time for the Village to be taking on a project like this. He feels that there could be as many as 5-7 years on the generators yet and we can still operate them efficiently. Discussion followed and Council agreed that the Village should get as many years from the generators as we can as long as we can still run them efficiently.

Brooks requested executive session at the end of the meeting regarding Personnel/Employment of Public Employee.

VI. Fiscal Officer Report:

Work is still being done in getting the office ready and the transition of Fiscal Officer. Also part of executive session is in regards to the Fiscal Office.

VII: Committee Chair/Council Reports:

Dale English – Nothing to report

Tom Kirkland – Nothing to report

Jamie Hill – Nothing to report

Anthony McDaniel – Just wanted to commend the water/sewer department for the job they did on his street replacing the line. They were very efficient and did a very good job.

Carol Hehr – also commended the water/sewer department for the job they do.

Ray Hughes –Asked if we have a neighborhood watch close to the City Park. The Mayor stated that the vandals are usually gone by the time the Police Officers get down there.

VIII. Solicitor Report:

Solicitor Bill Frank referenced the solicitor’s written report and briefing materials that had been sent with the advance packets to Council on 4/30/2021.  Information focused on the Ohio Supreme Court ruling regarding open meetings laws (including Ohio Revised Code section 121.22) and the prohibition of “any private prearranged discussion of public business by majority of members of public body regardless of whether discussion occurs face-to-face, telephonically, by video conference, or electronically by e-mail, text, tweet, or other form of communication.”

The Council of the Village of Woodsfield

May 3, 2021

Interpreting the Open Meetings laws, the Ohio Supreme Court [White v. King, et al. (2016)] has ruled that O.R.C. 121.22(C) provides that all meetings of any public body are declared to be public meetings open to the public at all times.  The term “meeting” means “any prearranged discussion of the public business of the public body by a majority of its members.  O.R.C. 121.22(B)(2).  Nothing in the plain language of O.R.C. 121.22(B)(2) expressly mandates that a “meeting” occur face to face.  To the contrary, it provides that any prearranged discussion can qualify as a meeting. 

Accordingly, O.R.C. 121.22 prohibits any private prearranged discussion of public business by a majority of the members of a public body regardless of whether the discussion occurs face to face, telephonically, by video conference, or electronically by e-mail, text, tweet, or other form of communication.

The Supreme Court noted, “The fact that the discussion (in the White v. King case) occurred through a series of e-mail communications does not remove that discussion from the purview of O.R.C. 121.22.  The Supreme Court cited authority from a separate Ohio Supreme Court case, State ex rel. Cincinnati Post v. Cincinnati (1996). 

In the Cincinnati Post case, the Supreme Court ruled that “the statute that exists to shed light on deliberations of public bodies cannot be interpreted in a manner which would result in the public being left in the dark.” 

The Supreme Court specifically noted: “The distinction between serial in-person communications and serial electronic communications via e-mail for purposes of O.R.C. 121.22 is a distinction without a difference because discussions of public bodies are to be conducted in a public forum, and thus, we conclude that in this instance, a prearranged discussion of the public business of a public body by a majority of its members through a series of private e-mail communications is subject to O.R.C. 121.22.” 

This conclusion is consistent with the mandate of O.R.C. 121.22(A) that the statute “shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law.”  The Supreme Court stated, “Allowing public bodies to avoid the requirements of the Open Meetings Act by discussing public business via serial electronic communications subverts the purpose of the (Open Meetings) act.”

Solicitor Frank also referenced O.R.C. section 153.69 (regarding a public authority planning to contract for professional design services for a public project), and requested an Executive Session for conference concerning disputes involving the public body that are the subject of pending or imminent Court action [O.R.C. 121.22(G)(3)].

IX: Mayor Report:

The Mayor reported that at this time he would like to move Tom Kirkland to Finance Committee Chairman. Council agreed to this.

There is a meeting tomorrow morning with Nikki Lude to discuss investments.

The Mayor also reported that the Roddy property is to be sold and that the lien will be released contingent upon the property being in compliance with regulations. Jamie Hill made the motion to relieve the property maintenance fees upon sale, contingent upon Village compliance regulations. Carol Hehr second. Motion passed 6-0. Kevin Brooks asked if there is

The Council of the Village of Woodsfield

May 3, 2021

an agreement that we can have them sign off on for the property clean-up. Carol said she would check into it. She said she also thinks we need to emphasize that we are providing dumpsters for Village clean-up and the County is doing appliance collections in May.

Ray Hughes made a motion to approve the payment of bills. Anthony McDaniel second. Motion passed 6-0.

Dale English made a motion to approve the Mayors Court Report. Tom Kirkland second. Motion passed 6-0.

The Mayor stated that Mayors Court can be held M-F from 8 a.m. – 4 p.m. rather than just the first and third Monday evenings of the month. All is needed is to call and schedule.

The Mayor read a letter from RITA asking if the Village just wanted letters sent (for free) to non-filers or letters and subpoena ($1.00/subpoena) to non-filers. Council agreed that just a letter is sufficient.

Carol Hehr made the motion for Executive Session regarding Personnel. Anthony McDaniel second. Motion passed 6-0. Executive Session entered.

Jamie Hill made the motion to return to Regular Session. Carol Hehr second. Motion passed 6-0.

Kevin Brooks stated that a motion needed made regarding the CDBG Grant. Is Council going to oppose the rescinding of the RFQ. Carol Hehr made the motion to not oppose the rescinding of the RFQ. Ray Hughes second. Motion passed 6-0. Anthony McDaniel made the motion to indemnify County Commissioners from the Village’s failure to conduct an RFQ. Carol Hehr second. Motion passed 6-0.

X. Adjourn:

Council member Anthony McDaniel made the motion to Adjourn from Session. Carol Hehr second. Motion passed 6-0. Meeting adjourned at 8:00 p.m.

ATTEST:

_________________________________ ________________________________

Michael Ricer, Mayor Lori Cunard, Interim Clerk of Council