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February 2012

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The Village of Walnut Creek Council met in Regular Session, February 22nd, 2012 at 7:30 PM, 103 Village Drive.


Mayor Darrell Horne

Mayor Pro-Tem Greg Ricker                                  Councilman Tom Shaw

Councilman Stoney Sloan                                     Administrator Lou Cook

Clerk Sharon Geelen                                              Attorney Phil Baddour

Chief Ken Barrett

Absent: Councilman Russ Prys

Residents in Attendance:  Larry & Bobbie VanKuren, Carl Mofield, Pat & Lee Perkins, Steve Lamb, Tracy & Ben Eskra, Joe Cunningham, Sandy Bateman, Virginia Millard, Ray Brown, Ralph Smiley, Robert Thiele, Sharon Goodrich, Jerry & Carol Ray

Mayor Darrell Horne called the meeting to order.

Mayor Pro-Tem Greg Ricker led the Pledge of Allegiance.

Mayor Darrell Horne stated that he would be moving the Public Comment Period to right after the Planning Board presentation and asked if he could have a motion to accept the agenda. Mayor Pro-Tem Ricker moved to accept the agenda with the change the Mayor mentioned. The motion passed unanimously. Mayor Pro-Tem Ricker moved to approve the January minutes and the January finance report. The motion passed unanimously.

Mayor Horne announced that there would be a Public Hearing regarding the rezoning of Area A, Section 6, lots 1, 2 and 3 on Village Drive from Residential 35 to Open Area. See Attached Minutes from the Public Hearing.

Planning Board:

Vice –Chairman Danny Jackson stated that the Planning Board met the first Wednesday in February.  Mr. Jackson stated that at the Planning Board meeting there was a motion made and passed, not to apply for the PARTF Grant.  Therefore the Planning Boards recommendation to the council is to not apply for the PARTF Grant.  There was a second motion that was made and passed by the Planning Board and is now a recommendation to the council, is that all park lands in The Village of Walnut Creek be under the same Ordinance as the existing playground on Mill Road.

Council Minutes, Page Two
February 22nd, 2012

Mr. Jackson also stated that there would need to be a change or variance to the existing ordinance that prohibits solicitation in the Village if the Planning Board or public would like to solicit moneys for the park. The existing ordinance states that there is no solicitation in the Village, which prohibits any Planning Board member or committee member from going door to door to raise money for the park development.

After some discussion the Mayor stated that they would address the Planning Board recommendations under New Business.

Public Comments:


Manager Report:

Administrator Cook stated that regarding the Mutual Aid Resolution that he passed out at the last council meeting, he has done some additional research and has answers for the questions asked at the last meeting.  The mutual aid resolution states that in the situation where the sheriff’s department would need to activate the Police Department from Walnut Creek for assistance, the Walnut Creek Police would fall under the direction of the Sheriff’s department for operational control.  However, should one of our officers get hurt the injury would fall back on the insurance of Walnut Creek.  Additionally any liabilities would also fall on Walnut Creek.  After some discussion Mayor Pro-Tem Ricker moved the council accept the resolution effective tonight.  The motion passed unanimously.

Mr. Cook presented the council with a proposal from a company who would handle the routine maintenance on the generators for the two new lift stations and a third generator, which is the diesel generator at the main pumping station. The company came back with three proposals with varying degrees of service. They range in price from $2175.00/year to $2625.00/year. Mr. Cook stated he was going to hold off on giving it to the council until Councilman Prys has a chance to review the proposals.

Mr. Cook stated the Forestry Service had been out and will be at the next council meeting with a presentation regarding the controlled burn. There will be a presentation from another group from the Forestry Service regarding the educational aspect of the presentation.

Mr. Cook said that DENR had come out to do their dam safety inspection on January 17th, 2012. He stated that for the first time ever, the dams in the Village had zero discrepancies.

Mr. Cook presented the council with a budget amendment that was actually recommended by the auditor. It was identified in the audit that the Village was not budgeting for Powell Bill Funds (money received from the state to maintain the roads in the Village). The Budget Ordinance Amendment added revenue lines 3316-Powell Bill Funds in the amount of $34,366.72 and 3833-Powell Bill Account Interest for $61.30. This results in an increase of $34,428.02 in the appropriations of the General Fund.

Council Minutes, Page Three
February 22nd, 2012

Mayor Pro-Tem Ricker moved to create these two accounts and set the revenue budget. The motion passed unanimously.

Mr. Cook also presented the council with a second budget amendment. He stated that the council needed to increase line 270-Village Owned Properties by $7500.00 and decrease line 220-Entrance Improvements by $5000.00 and decrease line 410-Lake by $2500.00. The shortage in line 270 is due in part to the landscaping around the new lift stations and hooking up electricity to Well #5. Mayor Pro-Tem Ricker moved to accept the Budget Ordinance Amendment. The motion passed unanimously.

Clerk Report:

Clerk Geelen reported that the Village has collected just over 100% of the budgeted amount of property taxes.  There are still several residents that are delinquent and she gave the council the list of taxes still owed.

Mrs. Geelen stated the Restrictive Covenants link is now on the website. Mayor Horne asked if instructions can be added so people know where to find the map in order to learn the area and section that applies to them.

Chief Report:

Chief Barrett stated that he is currently working on a first responder program to assist Elroy by getting the office staff and police officers trained in being first responders.

Chief Barrett said they are offering a Boaters Safety Class however he has not set a date at this time. Our current Wild Life Officer is moving and once the new officer is in place he will set a date for the class.

Chief Barrett asked Administrator Cook to brief the council on the bridge project on Lake Wackena Road. Mr. Cook stated the bridge on Lake Wackena Road will be closed beginning March 1st, 2012 and will remain closed for the duration of the project. The DOT estimates the project to take at least six months. He said there will be detour signs on Highway 70 and Lake Wackena Road re-directing traffic. He said the impact on Walnut Creek will be minimal however; he encourages residents to be vigilant and make sure they are keeping their garage doors closed, locking their car doors and homes. Mr. Cook also stated that there has been misinformation being distributed outside the Village stating that the Village of Walnut Creek does not want outside traffic using our road. Mr. Cook said that information is incorrect and that the roads in the Village of Walnut Creek are maintained by state funds and therefore are public roads.

Chief Barrett stated the police department has increased their patrol to try and deter speeders. He said that they have made several stops for speeding, no operator license and today they found a solicitor in the Village. He reiterated that if anyone had problems with solicitors to please contact the Police Department or office so it can be addressed.

Chief Barrett stated the next Crime Watch meeting will be held on March 13th at 7:00 pm. He also said they are looking for a volunteer to head up the community network program.

Council Minutes, Page Four
February 22nd, 2012

The community network program is designed to check on some of the elderly neighbors during storms or once every couple of weeks to be sure they are ok.

Councilman Sloan asked if the Chief or Mr. Cook would talk about Map Nimbus. Mr. Cook encouraged everyone to go to the Wayne County website, www.waynegov.com , and sign up for a service called Map Nimbus. Once on Map Nimbus, you put your address in and it can provide you with information on crimes that have taken place within a certain time period. Another feature is as a crime occurs you will receive an email letting you know that a crime has been committed in your area. Mr. Cook also stated that “Code Red” was available on the Wayne County website. This will send weather alerts to the phone number you provide.

A resident asked the Chief if he would talk about the gang markings on a street sign on Dollard Town Road. Chief Barrett stated that he has called the DOT twice regarding several signs in the Dollard Town Road area that have apparent gang symbols on them. He has not been able to confirm whether they are real gang symbols or just someone trying to mimic them.

Committee Reports

Stoney Sloan-Village Owned Property

Councilman Sloan stated that there were three on going road projects, on the corner of Mill Road and Walnut Creek Drive, in front of the lift station and another one down Walnut Creek Drive.  Once the surveying is complete the job will go out for bid.

Councilman Sloan said that he is looking into the landscaping that was done around the new lift station. He is looking at moving the access road around to the side and putting some additional landscaping in to block the view of the lift station from the road.

Councilman Sloan also stated that he would like to have the front entrance cleared of the fallen, dead trees and will be getting estimates on that as well.

Greg Ricker-Lake Committee, Fire Department, Cable, Trash & Recycling

Mayor Pro-Tem Ricker stated the Audit Committee met and has come up with a Fund Balance Policy.  After some research the Audit Committee has determined that the Village needs to maintain no less than 50% of our General Expenditures for a rainy day fund.  The budget is about $70,000/month, so they are going to keep about $420,000 set aside for contingencies and things that come up.  Mr. Ricker stated that it is worded “no less than 50%” because if the council sees something transpiring that will require additional money, they have the ability to raise that percentage.  The second thing the policy does is it states that money that we have in the general fund in excess of the 50% are things that they are going to specifically assign to projects.  When residents read the financial statements they will be able to see that the Village has some money set aside for long range planning.  Mr. Ricker reiterated that this new policy was at the recommendation of the LGC in consultation with Michael Jordan from Pittard, Perry and Crone.  The recommendation from the Audit Committee is that they adopt this fund

Council Minutes, Page Five
February 22nd, 2012

balance policy. Mayor Pro-Tem Ricker moved to adopt the fund balance policy recommended by the Audit Committee. The motion passed unanimously.

Tom Shaw-Planning Board, Police Commissioner, Web Master

Councilman Shaw thanked the police officers in their diligence and looking after the Village.

Russ Prys-Water & Sewer Commissioner, Insurance

Not present.

Old Business:

Animal Control Ordinance-Councilman Sloan stated that he has contacted Animal Control and noted that there is a Wayne County ordinance that the council may want to look into.  Councilman Sloan plans on doing some more research on the subject and would like to keep it as an open item until the next council meeting.

Mayor Pro-Tem Ricker moved to take the PARTF Grant application off the table in order to address the recommendations by the Planning Board. The motion passed unanimously.

Mayor Pro-Tem Ricker moved that the Village of Walnut Creek not apply for the PARTF Grant. The motion passed unanimously.

Mayor Pro-Tem Ricker moved to allow the Planning Board to solicit the residents for time and/or financial assistance as they develop the park plans. After some discussion the motion passed unanimously.

Regarding the third recommendation by the Planning Board to include all park and recreation areas within the Village of Walnut Creek under the same ordinance as the existing playground on Mill Road, Mayor Horne asked Attorney Baddour to draft an amendment to the existing ordinance and the council will vote on it at the next meeting.

Attorney Baddour stated that he has drafted an ordinance, at the council’s request, to address the number of boat stickers that the owner(s) of an undeveloped lot may have and has left the number blank for the council/lake committee to fill in. The council is referring that ordinance to the Lake Committee for their review at their next meeting in April.

New Business:



Mr. Cook read a thank you letter from the Wayne County Family Y for the Village allowing them to hold their Half-Marathon in the Village.

Council Minutes, Page Six
February 22nd, 2012

There being no further business to bring before the Council, the meeting was adjourned.

__________________________ _________________________

Clerk, Sharon Geelen                                                  Mayor C. Darrell Horne



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