December 5th

pg. 1 REGULAR MEETING MINUTES Village of Put-in-Bay Council Tuesday, December 5th, 2023 9:00 AM Village Town Hall Mayor Berry called the meeting to order at 9:00 am. Roll: Stephens; absent, market; absent, Koehler; present, Cox; present, Biery; present, Cerny; present. ______________________________________________ Agenda Additions: 1. T2 parking solutions discussion 2. New police department vehicle purchase and outfitting cost. 3. Motion to approve additional items to the agenda: 1. Cerny 2. Cox Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. ORDINANCES: THIRD READING: 1417-2023 2024 BUDGET/APPROPRIATIONS COX MOVED TO TABLE, CERNY SECOND. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. THIRD READING: 1418-2023 AMENDING SECTION 6.02 FLOATING HOLIDAYS EXHIBIT A CERNY MOVED THE THIRD READING ON ORDINANCE 1418-23 AS AMENDED. BIERY SECOND. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. THIRD READING: 1419-2023 AN ORDINANCE AMENDING ORDINANCE 1415-23 SETTING SALARIES AND COMPENSATION FOR OFFICERS AND EMPLOYEES OF THE VILLAGE OF PUT-IN-BAY, OHIO AND DECLARING AN EMERGENCY *Will hold executive session and potential action will take place afterwards. INTRO/EMERG: 1420-23 AN ORDINANCE RETAINING NATHAN MANNING AND MANNING LAW, LLC, AS LEGAL COUNSEL FOR THE VILLAGE OF PUT-IN-BAY AND DECLARING AN EMERGENCY BIERY INTRODUCED THE ORDINANCE.

pg. 2 INTRO/EMERG: 1421-23 AN ORDINANCE ADOPTING A MORATORIUM ON APPLICATIONS FOR, AND THE GRANTING OF, BUSINESS AND/OR ZONING PERMITS, LICENSES AND/OR CERTIFICATES FOR ANY BUSINESS, BUILDING, STRUCTURE, USE OR CHANGE OF USE THAT WOULD ENABLE THE CULTIVATION, PROCESSING, DISTRIBUTION OR SALE OF ADULT USE CANNABIS FOR A PERIOD NOT TO EXCEED SIX MONTHS IN ORDER TO ALLOW THE VILLAGE TO REVIEW APPLICABLE STATE AND LOCAL LAWS AND TO PLAN FOR REGULATIONS RELATING TO SUCH ACTIVITIES; AND DECLARING AN EMERGENCY. BIERY INTRODUCED THE ORDINANCE. INTRO/EMERG: 1422-23 AN ORDINANCE ESTABLISHING SPECIAL REVENUE FUND 4911, ELEVATED WATER STORAGE TANK REHAB CAPITAL INVESTMENT AND PROPRIATING OWDA LOAN PROCEEDS TO THE FUND AND DECLARING AN EMERGENCY COX INTRUDUCED THE ORDINANCE. INTRO/EMERG: 1423-23 AN ORDINANCE APPROVING NEW POLICY TITLED “EMERGENCY CALLS DURING OFF HOURS – CELL PHONE POLICY” FOR INCLUSION IN THE VILLAGE OF PUT-IN-BAY’S PERSONNEL POLICY AND PROCEDURE MANUAL AND DECLARING AN EMERGENCY. BIERY INTRODUCED THE ORDINANCE WITH THE AMENDMENT OF “2 COMP HOURS” TO BE INCLUDED. INTRO/EMERG: 1424-23 ORDINANCE AMENDING TITLE TWO, BUSINESS REGULATIONS, CHAPTER 858, RENTAL VEHICLES, SECTION 858.01 LICENSE FEES; DEPOSIT INTO PUBLIC SERVICE STREET REPAIR FUND, AND DECLARING AN EMERGENCY Will be discussed after Executive Session. INTRO/EMERG: 1425-23 AN ORDINANCE APPROVING A CONTRACT WITH THE OHIO WATER/WASTEWATER AGENCY RESPONSE NETWORK (OHIO WARN) AND DECLARING AN EMERGENCY. COX INTRODUCED THE ORDINANCE. ACTION OF COUNCIL NEEDED:

pg. 3 Biery moved to approve the November 7th 2023 Regular meeting minutes. Second by Koehler. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; abstain. Koehler moved to approve the November 13th, 2023 Regular meeting minutes. Second by Biery. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; abstain. Cox moved to approve the Bills to be paid in December. Second by Biery. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Cox moved to approve the November 2023 Financial Reports (including All Purchase Orders, Appropriations, Supplemental Appropriations, and Mayor’s Court, Utility Credits). Second by Biery. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Cerny moved to approve the 2024 Meeting Dates. Second by Biery. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Cox moved to table the discussion/action to be taken on Committees and Committee Chairs for 2024 until the December 12th, 2023 meeting. Second by Cerny. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Biery moved to approve the Employee position and rate of pay 2023 (Exhibit A). Second by Koehler. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Biery moved to approve OWDA Debt Service payment $172,157.08 and OPWC Debt Service payment $23,317.29. $5,474.37 over the already approved $190k. Second by Cox. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Cox moved to approve BANS payment in the amount of $950,937.50. Second by Biery. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Cerny moved to approve $3,400.00 to be expended from the Town Hall improvement fund to go towards Servepro Invoice. Second by Cox. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Koehler moved to approve the Allocation of $500.00 to the Tree Commission for Arbor Day and for Kelly Faris to be appointed for 3-year term. Second by Cox. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. *Amend pay range for utility clerk in salary ordinance Discussion will take place after the executive session. Cox moved to approve Phase II of PD flooring project; $5,250.00. Second by Cerny. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Cerny moved to approve Manns sewer forgiveness: $281.31. second by Cox. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Cox moved to approve the amount of the Pre-approved OE Meyer TH Propane Project Invoice: $13,433.00. Second by Koehler. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes.

pg. 4 Cox moved to approve the amount of the Pre-approved PIB Investment TH Project Invoice Of $2189.25. Second by Cerny. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. PUBLIC PARTICIPATION: Fiscal Officer read Stoiber letter of intent for new business. Steve Cooks: 237 East Point Blvd. Stated concerns about the number of deer on the island, and if the village has any plans on how to eradicate them. Also mentioned that Put-in-Bay is not on the Great Lakes Traveling Viking Cruise Itinerary. May be worthwhile to reach out and see if the island can be added. Bob Gatewood: Toledo Avenue. Reached out to golf cart rental companies and some of them may be interested in taking part in the “community vigilante “ proactive steps to controlling bad behavior on rented carts. AGENDA ADDITIONS: 1. Police Vehicle Purchase: Biery moved to approve the purchase of a 2024 Durango for the police department in the amount of $43,363.50. Second by Cox. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Biery moved to approve the D.R. Ebel cost of outfitting the police vehicle in the amount of $16,877.66. Second by Cox. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. 2. T2 Solutions: A lengthy discussion took place on parking enforcement, paid parking, logistics of the T2 System. Cerny displayed a spreadsheet of possible revenue; roughly $100k. Costs of the T2 system: 1 time fee of $4000.00. Annual costs of $6500.00 ($83.83 /month for just parking service). Discussion took place on what fund the revenue will go in to. The fiscal officer stated it will be received in to the General Fund. Delaware/Hartford will be monitored by the T2 system seasonally. Also behind townhall. Susan will look into Bayview (RT 357). An ordinance will have to be drafted up system is implemented. Susan will have language to be introduced at the December 12th, 2023 meeting. Amend Agenda to include action on 1416-23: AN ORDINANCE ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION AND DENYING THE APPLICATION OF MELINDA MCCANN MYERS TO AMEND THE OFFICIAL ZONING MAP OF THE VILLAGE OF PUT-IN-BAY TO CHANGE THE ZONING CLASSIFICATION OF PARCEL NO. 0250565132253001, 404 BAYVIEW AVENUE, FROM RESIDENTIAL TO C-2 GENERAL COMMERCIAL DISTRICT. Biery moved to amend the agenda to include the ordinance above. Second by Cerny. Roll: Koehler; abstain, Cox; yes, Biery; yes, Cerny; yes. Cerny moved to introduce Ordinance 1416-23. COMMITTEE REPORTS:

pg. 5 The following meetings have been scheduled for December 11th, 2023 1. Finance/Audit: 1pm to discuss 2024 budget. 2. Property/Townhall: 1:30 pm to discuss housing and docks. 3. Rules/ Ordinance: 2:00 pm to discuss golf cart regulations, floating holiday policy, and parking solutions. 4. Water/Sewer: 3:00 pm to discuss smoke test results and audit. COUNCIL BUSINESS: Cerny questioned the grant opportunity with the Ohio Destination Development Grant. Village Administrator stated that the Village will be applying. Mayor Berry stated that the Village is in need of a grant writer. Cox: requested the status of Mr. Ciaccia’s water and sewer report. Legal stated that she will present in the meeting. DEPARTMENTS: Village Administrator: See Report. LEGAL COUNSEL: Will draft a COI Ordinance for 2024 by the December 12th, 2023 meeting. Will also discuss Julius Ciaccia report when Market is in attendance at the December 12th, 2023 Meeting. MAYOR REPORT: The possibility of subleasing the Village docks in 2025 should be pursued. Requested that legal check on the expiration dates of the short term rental and golf cart moratorium ordinances. The ILYA contract has been approved. Cox 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; and for the sale of property. Second by Biery. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Council entered executive session at 10:50 am. Cox moved for council to exit executive session. Second by Cerny. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Council exit at 12:06 pm. 1424-23 ORDINANCE AMENDING TITLE TWO, BUSINESS REGULATIONS, CHAPTER 858, RENTAL VEHICLES, SECTION 858.01 LICENSE FEES; DEPOSIT INTO PUBLIC SERVICE STREET REPAIR FUND, AND DECLARING AN EMERGENCY COX INTRODUCED THE ORDINANCE.

pg. 6 Cox moved the third and final reading of Ordinance 1419-23. AN ORDINANCE AMENDING ORDINANCE 1415-23 SETTING SALARIES AND COMPENSATION FOR OFFICERS AND EMPLOYEES OF THE VILLAGE OF PUT-IN-BAY, OHIO AND DECLARING AN EMERGENCY. Second by Koehler. Roll: Koehler; yes, Cox; yes, Biery; yes, Cerny; yes. Other Business: Discussion of live streaming meetings took place. Council took no action. PENDING ITEMS: Longevity pay Cerny moved to adjourn. Second by Biery. Roll: Voice Vote; all yes. Meeting adjourned at 12:15 pm. ____________________________________ _________________________________ Mayor Date _________________________________ __________________________________ Attest: Approved: 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