August 12, 2008 — Regular Meeting

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REGULAR MEETING

August 12, 2008

Moweaqua Village Hall

7:00 P.M.

AGENDA

Call to Order

Pledge to the Flag

Roll Call

Approval of July Regular Meeting Minutes

Approval of Treasurer’s Report

Approval of Bills to be Paid in August

Mayor’s Report

Committee Reports

Public Participation

NEW BUSINESS

  1. Community Development Loan – Shewmaker – Ed Heck
  2. 2009 Fireworks Contract – Mayor Lowe
  3. Proposal: Operation of Golf Carts – Larry Morrell
  4. Special Use Permit / Anderson – Paul Bollhorst
  5. Abolish Working Cash Fund – Mayor Lowe
  6. Transfer Funds from Tax Refund Project – Mike Antoline
  7. Quit Claim Deed Ordinance – Mike Antoline
  8. Shelby County Mutual Aid Agreement – Mike Antoline
  9. Personnel Bonds Ordinance – Mike Antoline

OLD BUSINESS

  1. Updated Trash Haulers Ordinance – Mike Antoline
  2. Water Clerk / Deputy Clerk Job Description – Mark Thomas

Adjourn


The Regular Meeting of the Moweaqua Village Council was called to order by Mayor Lowe leading in the Pledge to the Flag. Roll Call was answered by Jon King, Howard Wise, Mark Thomas, Steve Ruot, Jim Mahone and Mike Reschke. Employees present were Lola Allen, Rodney Phillips, Paul Bollhorst, Chief McLearin, Officer Maynard and Attorney for the Village, Mike Antoline was also present. Others attending included Ed Heck, Bill Chasteen, Joann Markwell, Brad Davis, Don Whitlow, Larry Morrell, Joann Lower, Janie Wise and Steve Hooper.

Ruot made the motion to approve the Minutes of the July Regular Meeting, Wise seconded. Council voting Yes: King, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Reschke made the motion to approve the Treasurer’s Report, Thomas seconded. Council voting Yes: King, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Mahone made the motion to approve the Bills to be Paid in August, Reschke seconded. Council voting Yes: King, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Mayor Lowe requested an update from Attorney Antoline on the status of the North Macon property which Council had agreed at the July Regular Meeting needs to be demolished. Antoline explained that filing a complaint against a tax buyer to demolish or repair poses a problem. A tax buyer can file what is called an “Entry of Appearance” which can then cause the property to revert to the previous owner. The process would have to begin again which will incur more cost for the Village. Usually in a situation such as this the owner is not financially able to have the dwelling demolished. So the most economical and time saving solution for the Village is to absorb the cost of demolition and then file a lien against the property.

Mayor Lowe called on Ed Heck of Ayars State Bank to present a Revolving Loan Fund request. Daniel Shewmaker has requested $15,000.00 to be used toward the purchase of D & S Carwash. The Moweaqua Community Development committee has met and voted in favor of the loan. A detailed description of the loan agreement is on file with the Clerk. Mahone made the motion to approve loaning Daniel Shewmaker $15,000.00 for the purchase of D& S Carwash, Wise seconded. Council voting Yes: King, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Mayor Lowe inquired of Council if they would consider increasing the 2009 fireworks budget. Mayor Lowe recommends designating more funds for the fireworks because with prices going up the Village will possibly need to pay a little more to receive the same quality of show. Wise made the motion to increase the fireworks budget to $10,000.00, Mahone seconded. Council voting Yes: King, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

In reference to Transferring Funds from the Tax Refund Project into a different account Attorney Antoline stated that he would like to speak to the Shelby County Treasurer before doing so.

Mayor Lowe reported that the Accountant also recommends moving funds from the Working Cash fund into an account where it can be put to better use. After discussion Mahone made the motion to transfer funds from the working cash fund into a General Fund CD, Ruot seconded. Council voting Yes: King, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Larry Morrell was in attendance with a proposal requesting approval to operate golf carts on Village streets as alternate transportation. After discussion Attorney Antoline agreed to review State Statutes for regulations regarding golf carts and bring an ordinance to the next Regular Meeting.

Mayor Lowe called on Zoning Administrator Paul Bollhorst to present a Special Use application filed by Floyd and Patsy Anderson. The Andersons want to have a small business in the front part of the building located at 122 W. Main with living quarters in the rear portion. Bollhorst reported that the Zoning Committee voted unanimously in favor of granting the Special Use. After discussion King made the motion to approve the Special Use Application for Floyd and Patsy Anderson, Wise seconded. Council voting Yes: King, Wise, Thomas, Ruot, and Mahone. No: Reschke.

Attorney Antoline presented Personnel Bonds Ordinance # 08-12-2008-1 amending employee bond amounts. King made the motion to approve Ordinance # 08-12-2008-1, Reschke seconded. Council voting Yes: King, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Attorney Antoline presented Trash Haulers Ordinance #08-12-2008-2. Mahone made the motion to accept Trash Haulers Ordinance #08-12-2008-2, King seconded. Council voting Yes: King, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Attorney Antoline presented Quit Claim Deed Ordinance #08-12-2008-3. Antoline explained that in order for property along the abandoned railway right of way to be sold or purchased the Village of Moweaqua must give up their interest if they chose to do so. For a clear title to each parcel the Village needs to execute a Quit Claim Deed. Properties owned by Wm. McKinney, Jason and Barbara Hazlet, Rusty and Kathy Donoho and Terry and Beverly Yoder are included in this Ordinance. King made the motion to accept Quit Claim Deed Ordinance #08-12-2008-3, Ruot seconded. Council voting Yes: King, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Attorney Antoline presented Ordinance #08-12-2008-4 an Intergovernmental Agreement between the Village of Moweaqua, Shelby and Christian Counties and Shelby County. King made the motion to approve Intergovernmental Agreement Ordinance #08-12-2008-4, Mahone seconded. Council voting Yes: King, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Council engaged in discussion pertaining to Home Occupations and Special Use Permits. According to the current code anyone wishing to operate a home based business is required to apply for a Special Use Permit. After lengthy conversation Antoline was asked to address this issue and report at the next Regular Meeting.

Mayor Lowe requested a motion to adjourn. Ruot made the motion to adjourn, Mahone seconded. Meeting adjourned at 8:30 P.M.