Submitted News

West Union Village Council met in regular session at 7 p.m. on October 25, 2022, at the Municipal Building. Mayor Jason Buda Presiding. Call to order, roll call and pledge to the flag: John R. Lafferty – present, Mark Brewer – present, Jason Francis – present, Mary Jane Cambell – present, Randy Brewer – present, Donna Young – present, also in attendance: Melissa J. Hall – Fiscal Officer, Shelley Gifford – Treasurer, Jerry Kirker – Village Administrator, J.R. Kirker – Fire Chief, Danni Studebaker, Assistant EMS, Kent Bryan, CT Consultant, Visitors – Patty Foote, Christeena Patrick.

Motion by Jason Francis, second by Donna Young to approve the minutes of the regular meeting on October 11,2022 as distributed. Roll call vote: all yea, motion passed.

Mayor Jason Buda asked Council if there are any discussion or questions regarding the bills to be paid? Jason Francis had a few questions regarding the bills:

1. Does the Village have an official contract with Bill Lewis? What are the rates? Shelley Gifford – No, do not believe there was a contract. Tom Mayes – Will prepare an independent contract agreement for IT Services and have it for the next meeting for review.

2. How many of the staff, if any are utilizing the Air Evac services that was purchased last year or the year before? Danni Studebaker – “Luckily we haven’t had anybody use it.” Jason – Has all of our employees signed up for that benefit. Several attendees answered “yes”.

3. Had a question as to whether we used Hunters Consulting for our Workers Compensation. Shelley Gifford replied that we use Sedgwick. Francis – asked if we are getting a discount on that? Shelley – yes. Francis- Do you know what that rate is? Shelley- No.

4. The Southern Ohio Chamber Alliance offers an energy savings program that we could probably get a special rate for gas and electric because we are a government entity. The Chamber offers this as a benefit for its members. Jerry Kirker replied that the Village is signed up with a company that discounts our electric and gas. He has the paperwork at his office.

Motion by Randy Brewer, second by Donna Young to approve the payment of the bills submitted, roll call vote: all yea, motion passed.

Patty Foote, Clerk for the Police Department and Mayor’s Court, expressed to Council her recommendation and thoughts concerning the hiring of another person. It was her understanding that after the other two clerks had quit, Council would hire someone to help when the department was ready to start the training for the new system. She explained the duties and stressed how another person was needed in the office. Jason Francis had a few questions for Patty about her training and whether she felt she had had enough. Patty replied that she has the background for the job, but another person is needed for the work load and overall job requirements.

Christeena Patrick, Clerk for the West Union Water and Sewer Department, said “I have a letter for all of you guys. Jason Buda can read it to you.” It says: This letter is to inform you that I will be resigning from the West Union Water and Sewer Department as assistant clerk as of November 7, 2022. I would like to thank Jerry Kirker, Ted Grooms and some of the old Council members for giving myself the opportunity to do so for them. I am sorry to say the reason for myself doing this is that when I took this job a little over eight years ago, I was told that I would still be able to make emergency calls to help our community. That it would help a great deal with having a volunteer department. Most of our members must work out of town and this would help having someone here to help with the calls. The rumor has been that some of you on the Council no longer want myself and others to respond due to double dipping. So, I will make this easy for all of you. I will walk away from the water and sewer department because as a first responder, I will always put my community first as I have done so for the last 17 years. As should every one of you sitting at this table. I find it sad that some of our Council members feel they can no longer stop by to say hello to their employees in fear of what other Council members may have to say about them. It is sad to think that some of you are sitting at the table, letting others speak for you. The last I checked there are six of you. I could go on and on about things that sadden me about the way things get done in the Village, but this is the most important. I will be there for my community. So, thank you to some of you for the time I have had with the West Union Water and Sewer Department. Sincerely Christeena Patrick.”

Christeena Patrick- “I will no longer be there any more and you can thank some of you guys on this Council for the way you run things and you do things for this community. You took on that seat to take care of the community and you are not taking care of the community in a proper way. When people can’t even come down that I have known for years and can’t speak or don’t want to speak out because there are new people on the council, that they are afraid of what they are going to say. Shame on all of you. Because you took that seat and you took that seat for the whole community. And me being a First Responder, it will always come first, just like the people in this community should come first. All of our First Responders should come first when you have people out here in this community, running their mouth about our departments and belittling our people, Shame on all of you for not putting a stop to it. I respect a majority of you people here. Some of you I am sorry, I have no respect for you. It is sad to say, that you guys are ruining a village because you want to be in control of something. Jerry Kirker, thank you for my time with the Village, I appreciate everything you have done for me. Randy Brewer, I appreciate everything you have done for me. Mark Brewer, Donna, John, thank you and for the two of you, I don’t have a thank you.”

Motion by Jason Francis, second by John R. Lafferty, to accept the resignation of Christeena Patrick, role call vote: Yea – John R. Lafferty and Jason Francis, Abstain – Mary Jane Campbell, Nay – Mark Brewer, Randy Brewer, and Donna Young, Mayor Jason Buda offered to talk to her. Mary Jane Campbell said it was the auditors that brought up the issue that it was double dipping, and that she doesn’t even know her. Donna Young thought they should talk to her, that she is evidently upset and I know she is good at what she does. Tom Mayes explained that when you accept the resignation, it immediately allows you to advertise the position and discussing it with her may be a good option.

Resolution 2022-23 – To pay Adams County Regional Water District contract from the General fund; for the Village of West Union, Adams County, Ohio. Tom Mayes – Explained that it was discussed last meeting to pay the bill, drafted the resolution to make sure it is part of the record. Shelley provided the line-item information. This is for two months, not just for one month. Motion by Mark Brewer, second by Jason Francis, to accept Resolution 2022-23, roll call vote: all yea, motion passed.

Report from Jerry Kirker, Village Administrator:

1) They have blacktopped Walnut Street.

2) They are about complete on the sidewalk. There is an issue with the horse and buggies riding on it. Council agreed that Jerry should put up signs on what is not permitted on the pathway to eliminate possible damage to the blacktop.

Francis asked about the Crackle subdivision project. Jerry stated that all the stations are in and they are making their tie-ins. Randy Brewer asked about the Panhandle Project. Jerry stated they are about at the end of the run, they will have tie-ins to do on 136 South, and they will move to 125 and tie that section in and then all the main line will be in. One of the lift stations is supposed to be here on Monday. They are doing the clean up as they go and it is looking good. They have some concrete work to do on 125, that had broken up on them. Mark Brewer wanted to thank the guys that worked on the issue by Giovannis. Jerry said they will be fixing one on 125 below Community Fuel and they will level it out before winter and there is one on 247. Mark Brewer – Received compliments on the stop sign that was fixed by the Catholic Church. Randy Brewer mentioned the Chili Fest and Auction. Jerry said that it is on November 4, 2022, on a Friday night this time and it is from 5:00 p.m. until whenever more less. Sounds like there should be more people to come since it is on a Friday night.

Report from Kent Bryan, CT Consultant – Jerry covered it, unless anyone has any questions.

Danni Studebaker, WULS reported the squad had 1,671 runs this year and 143 so far this West Union Village Council October 25, 2022 month. On December 3, 2022, they are planning their shopping bazaar like they have had the last several years for the vendors. It is from 10:00 a.m. to 5:00 p.m. There will be another gun raffle and silent Auction. Also, received an Email from CMS, they announced the 2023 Ambulance inflation factor of 8.7% beginning with dates of service on or after January 1, 2023. (A copy of the email will be in the file in the Clerk’s Office from this meeting.)

J.R. Kirker, Fire Chief, reported the Fire Department had 44 runs this month, 429 runs for the year. Last Friday they did an annual pump test and ladder test on the fire engines. The Chili supper is November 4, 2022 at 5:00 p.m.

Timothy Sanderson, Chief of Police, went home sick but reported to Mayor Buda that they have had 2,405 calls for the year and 169 citations written and 70 crashes this year.

Tom Mayes, Village Solicitor, will need to have an executive session at the end for pending litigation.

Mayor Jason Buda received a letter of resignation from Brittany Johnson effective October 12, 2022. She wrote in the letter that she greatly appreciates the time and support that was given to her by the department and staff. (A copy of the resignation letter is in her personnel file in the Village Clerks Office)

Motion by Mark Brewer, second by Randy Brewer to accept the resignation from Brittany Johnson, all yea, motion passed.

Also, will need an executive session at the end for personnel/discipline.

Shelley Gifford, Village Treasurer – no comments.

Council member John R. Lafferty – no comments.

Council member Mark Brewer – no further comments, already discussed earlier.

Council member Francis – 1) To circle back to the Duke Energy and the AEP program that spoke about earlier in the meeting. It is through the Chamber and we would get the energy savings program for free. Also, asked the Solicitor if the Village employees could take advantage of that since it is a benefit of our membership, for their personal homes. Tom Mayes suggested Francis get him a copy of the rules and he could look over it for him.

2) Hunters Consulting Program – It is also a free thing through the Chamber membership. Not sure if we are paying for the other company but through the Chamber it is free. Mary Jane Campbell – There is no pay, the state assigns everybody or you can pick your own, but no pay.

3) Stamp prices will be going up the first of next year and suggested we go ahead and purchase the forever stamps for next year.

Council member Mark Brewer – Forgot to mention they had a short finance meeting after the special meeting on October 18, 2022.

1) They spoke about the water bill.

2) Mark asked Shelley if the sidewalk pathway bill had been taken care of. Shelley – we are still waiting until they are finished and still need to discuss the account it will come from.

Council member Mary Jane Campbell:

1) Trick or Treat – Received candy for the officers to pass out from the cruisers and she will drop it off to them tomorrow.

2) Fire Department will still block off Walnut Street from 6 – 7:30 p.m.

3) Asked if there was anyone doing free screening of the candy? No one is aware of any place doing that this year. Mark Brewer- Highland County i,s but not here.

4) Asked Danni and J.R. if they needed any volunteers anywhere for Trick or Treat. J.R. said he thought they had enough, but they are more than welcome to come and help.

5) Had a question about Christeena and someone being afraid of going to the water department.

Council member Randy Brewer:

1) Had a police and safety meeting and decided they should put the insurance carrier on notice that an incident had happened even though nothing is being pursued so that they are aware of it. Danni stated she had statements. Tom Mayes asked Danni to get statements to the mayor and he can get them to the Insurance Company in case a claim would get filed later on.

2) They had discussed the hiring issue for the Police Department/Mayor’s Court clerk and they are still in limbo on that.

Council member Donna Young – had no comments.

Motion by Mark Brewer, second by Francis, at 7:45 p.m. to enter executive session under ORC§121.22(G)(3) Pending Litigation, roll call vote: all yea, motion passed.

Motion by Mark Brewer, second by Donna Young, at 8:00 p.m. to exit executive session for Pending Litigation, roll call vote: all yea, motion passed.

Motion by Francis, second by Lafferty at 8:01 p.m. to enter executive session under ORC§121.22(G)(1) Employee Discipline, roll call vote: all yea, motion passed.

Motion by Donna Young, second by Lafferty, at 8:10 p.m. to exit executive session for Employee Discipline, roll call vote: all yea, motion passed.

Melissa J. Hall, Fiscal Officer – Advised that the minutes that were passed out was a rough draft from the October 11, 2022 special meeting. Francis said that it was the meeting where they went over the Audit. Melissa- In the special meeting, Council requested copies of the Policy and Procedures manual, they were placed in everyone’s folder before the meeting. Also, available for Council review are the copies of the Public Records Policy and the files that Council requested for 2019 and 2020 on Brown County Construction. Mary Jane Campbell- Our question about Brown County was whether the auditors aggregated it? Jerry said it was $120,397, it was a state bid price from ODOT. That is why we went with it. The Council did approve us to blacktop the streets, but it wasn’t in the minutes, Tanya didn’t put it in the minutes but council approved me to move forward. It was all State bid prices. The Auditor should have recognized it, about everyone is doing that anymore. He explained it to the Auditor, but she didn’t want any part of it. Jason Francis – there were a few things in the audit that we found that they would not listen to.

Tom Mayes asked Jerry about the property address on State Route 41 North, that burnt and is being taken down. Jerry responded with the address.

Mayor Jason Buda – We have the bill for the mediator, we need a motion on however council wants to pay, whether or not to pay the full amount for $2,062.50 which includes the half that was Manchester’s. Shelley Gifford – Asked if they could have a discussion? “Mr. Mayes, should we do a resolution for the Auditors or do you think a motion is good enough for the Auditors for the payment.” Tom Mayes – we have a signed a contract with the mediator to do the mediation, and the invoice itself along with the motion, it should be fine. Motion by Mark Brewer, second by Donna Young, to pay the full amount including Manchester’s part of the mediation bill, roll call vote: all yea, motion passed.

There was a discussion on the resignation of Christeena Patrick and Randy Brewer asked if Jerry thought if they put a personnel committee together to talk to her if it would help. Jerry said he tried and he believes she has made up her mind. Jerry stated he hates to lose her. She has been a big help to him. Francis stated it is very unfortunate that she is leaving however the Audit, they found it, we didn’t find it, it was brought to us and we have to address it. Jerry – It has been for the last 50 years, any employee that worked for the Village of West Union and was on the Fire Department, when that siren went off, they went. It has always been that way. Can’t help what the audit says, yes, maybe there should have been a policy in place, not saying there shouldn’t be, but the talk and everything else with the audit topped it off. Mary Jane Campbell – All I did was ask for clarification because I didn’t know how it worked, she is mad because I wanted to know. I am sorry but. Donna Young stated she had cut her hours back. Jerry said yes, she had cut herself back in hours to help the water department, for others to get raises and help save money for that department. The State of Ohio states that the employer cannot do anything to a volunteer firefighter that goes on a fire run and don’t go to work, but he does not have to compensate them for that day of work. Tom Mayes said more or less that the Auditor is saying we do not have a policy in place as to what is to happen.

Mary Jane Campbell revisited the EMS incident. Also, she had received a compliment for Jerry that when he was Fire Chief, things like that didn’t go on.

Francis requested a meeting be set on Tuesday, November 1, 2022 at 6:00 p.m. for a Zoning Meeting.

Mary Jane Campbell – Our next meeting is on election night, she asked if there was any way they could move it or cancel it. Council discussed the options. Mayor Jason Buda stated as long as the Treasurer can pay the bills, he sees no issue with canceling the meeting.

Motion by Mark Brewer, second by Donna Young, to cancel the regular scheduled meeting scheduled on Tuesday, November 8, 2022, roll call vote: all yea, motion passed.

Jason Francis – Going back to the zoning meeting, first, was the Flowerbed issue handled? Jerry – No, since we haven’t got together on it yet. Jason – We will discuss it next week. Also, do you have a copy of the new zoning? Jerry – No. Jason- ok, we need to get you a copy and if you don’t care to go through it and see what needs to be changed. The goal was to have it passed by January 1, but doesn’t look like there is enough time, so we are looking at the first meeting in January to run it three times. Jerry – Ok. Jason – He and Mary Jane will get together and make sure they have all their changes ready and have it to Jerry by Thursday, to give him Friday and Monday to review before meeting on Tuesday.

Motion by Donna Young, second by John R. Lafferty to adjourn, roll call vote: all yea. Motion passed.