Left to right: Councilmembers Donna Young, Randy Brewer, Steve Rothwell and Solicitor Tom Mayes. (Photo by Ashley McCarty)
By Ashley McCarty
People’s Defender
The West Union Village Council met on Nov. 9 to discuss path project delays and a lawsuit filed against the village.
A motion by Councilwoman Donna Young to approve the minutes of the regular meeting on Oct. 26, 2021, as distributed was seconded by Councilman Randy Brewer, the council agreed.
A motion by Councilman Mark Brewer to approve the payment of bills as submitted was seconded by Councilman Steve Rothwell, the council agreed.
A motion by Young to accept the statement of receipts for Mayor’s Court for the month of October for the net amount of $2,690.64 was seconded by Councilman Jason Francis, the council agreed.
“Why is that amount so low?” said Mark Brewer. This issue has been an ongoing concern for Brewer.
“They said that is what it’s been running because nobody is paying,” said Mayor Jason Buda.
A motion by Francis to accept Ordinance 2021-12 amending Ordinance 2019-7 of ordinances of the Village of West Union (Zoning — appendix forms) was seconded by Rothwell, the council agreed.
“The fair is July 10-16. If it’s okay with the council, I think we should not convene on July 12 just [because] citizens will be at the fairgrounds and not a council meeting,” said Francis.
A motion by Francis to adopt the dates and times for 2022 council meetings with revisions was seconded by Randy Brewer, the council agreed.
“The reason [our insurance went up] is there is a three percent building rate increase, a vehicle rate increase and we had some damage this year. It went up by $8,000,” said Village Clerk Tanya Johnson.
A motion by Rothwell to accept the property insurance in the amount of $78,358 was seconded by Young, the council agreed.
“Stan Matthews’ six-month probation is up. He was hired on March 2. He is asking to be taken off probation,” said Buda.
A motion by Young to remove Village Enforcement Officer Stan Matthews from probation was seconded by Francis, the council agreed.
“We applied [for the loan] on the Hale Drive and Gabbert Subdivision Sewer Project. We were awarded $4 million of forgiveness money through the Ohio EPA. We got an additional $1 million from an OWDA grant. The sewer plant should be completed by Christmas time,” said Village Administrator Jerry Kirker.
Kirker reported State Route 41 Shared-Use Path Project Phase One, which extends from South Street to CIC Boulevard, would not be completed this year.
“It depends on the blacktop. The plants are about to close down. They’re at the point to where they’re getting the final grade on it and getting the gravel down,” said Kirker. According to Kirker, the plants may open up by May.
“There should be at least gravel on it,” he said.
Solicitor Tom Mayes prepared a petition for the property owners located on alleyways between Pleasant and Market Street, Market and Cross Street and Pleasant Street and Logans Lane. The prospective alleyways will be closed with compliant signatures from all property owners.
“What does our salt supply look like?” said Young.
Kirker reported there was 60 ton on hand, with 100 ton incoming. According to Kirker, the village used 100 ton last year.
“I had a call about Sparks Street. [A citizen] would like a four-way stop there by the library [to deter speeders]. They also want a crosswalk there,” said Johnson. Council briefly discussed the issue and the possibility of a crosswalk.
West Union Life Squad Asst. Chief Danni Studebaker reported 1,899 runs for year, with 58 runs for the month.
“We’ve been busy the past few days especially,” she said.
West Union Police Department Lt. Ryan Myers reported 303 calls for the month of October, with roughly 2,500 calls for the year.
“For the next meeting, or before the next meeting, could you pull the monthly call reports for the last two years?” said Francis.
Myers said he would have to acquire those documents through CAD if dispatch had the time.
“It’s data we need,” said Francis.
Myers asked what he needed the documents for.
“At the last meeting wages were brought up. We’re looking at ways we can possibly increase wages, but without data we can’t really do anything,” said Francis.
Fire Chief J.R. Kirker reported 397 runs for the year.
“We turned in the insurance quote into Tanya [for our unit]. We had a heater hose blow on our rescue, but we got it fixed. Everything else is running good,” he said.
Mayes reported that the village was being sued by a plaintiff, Leo Cassidy, in the Adams County Jail.
“You can read through it. He has made the assertion that you, as the village, control the municipal court, and Judge Roy Gabbert, and are therefore responsible for all of the atrocities that have been committed against him. He is asking for $5 million in damages for him and $5 million per inmate,” said Mayes.
The plaintiff cited 11 pages of criminal procedure codes.
“It is a genuine constitutional argument, the way he is being treated and housed, how they did not arraign him, or give him a preliminary hearing in the proper amount of time, that the conditions of the jail are cruel and unusual punishment, his hospitalizations, so on and so forth. You can read it if you wish, it is public record,” said Mayes. Mayes would respond to the complaint appropriately.
“We were looking over the payroll, and it seems like employees are using vacation time and they’re still getting overtime. In the finance meeting, we talked about reducing overtime as much as possible. I think it’s in our best interest that we keep it at 80 hours, and if there is overtime, there is overtime,” said Francis.
Francis said he didn’t think employees should use vacation and then have overtime after that.
“If you have 76 hours, and you use four hours of vacation time to make the 80, and then you work eight hours over, you should only get overtime for four hours,” said Rothwell to clarify. The other four hours would be paid on regular time.
“In the handbook, it says no leave time shall count toward overtime hours,” said Kirker. The issue will be revisited.
A motion by Rothwell to enter into an executive session regarding O.R.C 121.22 (G)(1) compensation was seconded by Mark Brewer, the council agreed. Meeting minutes will be approved by the council at the next meeting, subject to revisions.
