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pg. 1 REGULAR MEETING MINUTES Village of Put-in-Bay Council Tuesday, August 8th, 2023 9:00 AM Village Town Hall Mayor Called Meeting to Order at 9:04 am. Roll: Stephens; present, Market; absent, Koehler; present, Cox; present, Biery; present, Cerny; present. ______________________________________________ Agenda Additions: Motion to approve additional items to the agenda: Cox requested to add discussion and possible action to be taken on resort tax lien status. 1. Cox 2. Biery Roll: Stephens; yes, Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. ORDINANCES: ORD: 1405-23 AMENDED SALARY ORDINANCE INTRO/EMERG COX MOVED TO INTRODUCE THE ORDINANCE. BIERY MOVED TO TREAT THE ORDINANCE AS AN EMERGENCY. SECOND BY COX. Roll: Stephens; yes, Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. BIERY MOVED TO WAIVE THE THREE-READING RULE. SECOND BY STEPHENS. Roll: Stephens; yes, Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. BIERY MOVED FOR THE ORDINANCE TO GO IN TO EFFECT IMMEDIATELY. SECOND BY COX. Roll: Stephens; yes, Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. ACTION OF COUNCIL NEEDED: Cerny moved to approve the July Financial Statements including: All Purchase Orders, Supplemental Appropriations, and Mayor’s Court, Utility Credits. Second by Biery. Roll: Stephens; yes, Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Cox moved to table the action on the 3 Deductible Billings – totaling $45,000.00 until September meeting. Second by Biery. Roll: Stephens; yes, Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Cox moved to approve Exhibit A – 2023 Water/Sewer Rates Effective July 2023 (correction to prior approved 2023). Second by Stephens. Roll: Stephens; yes, Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Added Action to the Agenda: Resort Tax Lien Discussion and possible action: Cox started the discussion on resort tax payment status and the document listing current liens on businesses that legal had provided to council. Questioned what the Village legally can do to collect these fees; what kind of pressure can be put on the businesses; publishing in the local newspapers can be an option. Cox moved to authorize an article to be posted as an ad in the gazette stating lien status and monies owed to the Village of Put-in-Bay. pg. 2 Legal stated that the enforcement is through the State, not the Village, which makes it challenging. The Village CAN take steps to address the situation with the business owners individually. Open letters in the newspaper, letters sent to the businesses directly are options. Biery: Can business licenses be withheld? Legal: Looking at the code, there is no basis to do so. Cox: what can be done regarding businesses on the list that sell gasoline, beer and liquor? Legal will look in to liquor licenses and gasoline licenses and their status when there is a non-compliant business owner. Legal will be able to draft a letter/ an ad in the local paper including the Lien List, Case No., and DBA name. Cox moved to rescind his previous motion. Second by Stephens. Roll: Stephens; yes, Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. COMMITTEE REPORTS: Stephens: Need to have a follow up Golf Cart Regulation meeting to keep moving forward with the ordinance review. The committee met on 8/7/2023, and will continue to schedule regular future meetings. PLANNING COMMISSION: Cox: The planning commission met on 8/1/2023; very large crowd. The vote on an accessory structure and parking spaces for the property being represented by Legends/John Blanke both passed. DEPARTMENTS: Chief of Police: Addressed Alabama incident with dockmaster. Plans for September 16th, 2023 possible crowds are being discussed. Extra reinforcement and officers are being sought out. Lengthy discussion took place on federal/state enforcement, homeland security, mobile jails, gear, ammunition. Administrator: Stump was dug out of the promenade; looking into large planters that cannot be moved to fill the space. Will purchase one for now. ODNR project: will have a call next week regarding lift stations and generators; this is regarding the state Park’s plan for sewer line. Fiscal Officer: Re-cap on Finance/Audit Committee Meeting. Reports containing revenue and expenditure reports for halfway through the fiscal year were given to council to review. LEGAL COUNSEL: Requested Executive Session for pending and Imminent litigation. MAYOR REPORT: Discussed parking solution options for paid parking; committee chairs will continue to research. and report back. ILYA negotiations for 2024 rates will take place in September. Biery and Don Dress have discussed fees. Cerny has been directed to research SIN Tax and all related items. There will be a meeting in August between Senator Gavarone, Joe Stephens, Department of pg. 3 Development, DJ Swaringer, and the Mayor. Will report back on the details at the September Meeting with Council. Stephens moved for council to enter Executive Session to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official; and for the discussion of pending and imminent litigation. Second by Cox. Roll: Stephens; yes, Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Council entered at 9:36 am. Cox moved for council to exit executive session. Second by Biery. Roll: Stephens; yes, Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Council exit at 10:10 am. OTHER BUSINESS: Berry discussed parking issues, and the number of spots each business is to provide for their customers. Need to make sure that the spots allotted for customers are not being used to rent golf carts out of. Will have to dig through zoning applications and approvals to see how many spots businesses are allotted and then see how many are actually being used for customer purpose. Kelley’s Island is hiring a firm to get lodging tax arrears straightened out; can the same thing be done for the Village? Cox: Parking discussion on the language regarding the number of spaces for full size vehicles and golf carts will have to be looked at. The possibility of a cap on spots was also discussed. Conversations will be continued for the future. Cox moved to adjourn. Biery second. Roll: Voice Vote; all yes. Meeting adjourned at 10:46 am. ______________________________ _______________________________ Approved: Date: _______________________________ ________________________________ Mayor Attest PENDING ITEMS: Longevity pay Council may enter Executive Session to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official; and for the discussion of pending and imminent litigation; and for the sale of property. Council may enter Executive Session for any items listed in R.C. 121.22