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Dec 06 2010

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November 4, 2010 Town Council Minutes

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NOVEMBER 4, 2010





The November 4, 2010 Town of North Salem Council Meeting was called to order by Council President Mike Selch at 6:02 pm.



Mike Selch – Present           ____________________________

Billy Woodrum – Present   ____________________________

Mike Russell –  Present       ____________________________


Mike S. announced that there would be a meeting tonight of the Safety Board regarding the North Salem Police Department that according to state statute must start promptly at 7:00 pm and that the regular Board Meeting would adjourn at 6:45 pm.  If by 6:45 we have not resolved any business, Mike asked that any concerns or questions be submitted in writing to the Town Hall and you will be added by name to the Agenda for the December meeting.



Mike S. asked if there were any additions or corrections for the October minutes; there being none Billy made motion to approve as written; Mike R. seconded.  




Gary Harris spoke about an alley next to his property (and Tonia Cosby’s property) and a problem with drainage.  Gary believes that if the alley is lowered, it will cause problems with water on his property. Mark Basham commented that there is a swell in the alley and if lowered it would drain closer to Tonia’s house and would be even more of a problem.  Mark thinks it will work better leaving it how it is, draining in the middle and staying away from both properties.  If anything, you could add railroad ties on the sides to work as a retaining wall; Mark will do this on the town’s side of the alley and then will follow-up when we get a good rain.   Brent Sellers put in a drain and says it will work great.  Mark does not believe she will have a problem when it does rain.  Tonia spoke about a tree on her property and that she thinks it caused the problems with her water and getting into her sewage pipe; Brent Sellers told Mark that the roots did not get into the pipes and that there is no issue with the tree.    Gary Harris asked about the sidewalk by Tonia’s house and the trees that the town planted; he stated that since the town planted the tree and it has pushed up the sidewalk, the town should be responsible for problems this has caused to the sidewalk.  He believes this to be a safety issue especially when kids are riding their bikes.  Harold Blake asked if the tree was located in the planting strip and Mark said yes.  Harold said he would have to look into this and report back next month. 



a.  The new Ladder Guard will cost $867.95 and Mark and Doug will install.  A check will be sent this month.

b.  Police car has been striped and the siren and all the lights work now.

c.  Dispatch fee is still on hold.  There was a fire in town today and there were some questions as to the response time from the time the 911 call was placed and when the fire department arrived.  Tom Lyle said that it took 6 minutes from the time the NS Fire Department was dispatched and when they arrived on scene.  Mike R. said that Dispatch took a long time to get a hold of anybody because it took at least 20-25 minutes for anyone to arrive from the time the 911 called was placed by the homeowner.  Tom said the only way to find out for sure was to listen to the 911 tapes.    Mike S. we are still at odds with the what they are wanting to charge us…they want $1400 for this year and $4800 for 2011 and it is concerning to us with these types of problems we are experiencing. 








November 4, 2010, Board Meeting Minutes – Page 2




a.  Re-Evaluation of Town buildings – we have not yet heard anything on this.

b.  Legal Requirements for Police Interrogations – starting in January 2011, any interrogation done by any police department must be video taped.  We are looking into installing video cameras.  We can use this for board meetings as well as we have some problems with our recorder picking up all the audio during the board meetings.    

c.  Utility payments via Pay Pal – we have transferred the 175 pay pal account to the Town of North Salem; still working out kinks but hope to have this up and running by January 2011 for customers to pay their water bills on line. 



a.  Mike Russell mentioned the fact that both Mark and Doug were first on scene of the fire in town; the field across the street caught on fire and they were both trying to put it out and they were right in the path of the heavy smoke  from the garage that was on fire.  Mike suggested that we might provide them with respirators to use in the future.     Mike S. said that the Town provides the utilities and the Township provides all of the equipment so this would need to be done through Joyce Greene.  This equipment can be quite expensive.  Mike S. also mentioned that these respirators could also be used when they are working with the filters and chlorine. 

b.  Heath reported that he passed out about 140-145 glow sticks on Halloween and reported no problems at all.

c.  Billy mentioned that there was some vandalism done to Tom Eggers building at some point this past week. 

d.  Ric Scrimager spoke about the Tractor Club and Old Fashion Days and how they are both nonprofit organizations and said he would like to see both a financial liability and asset statement for both organizations.  Beth Russell stated that Old Fashion Days was unincorporated in 2005 and has been operating as a for profit organization.  Ric stated that it is still listed as a nonprofit on the Secretary of State website.    Ric also stated that as far as the property and grant, he has not yet seen the actual grant application; he has seen the letters of intent but not see the actual grant.  He stated that the land was intended to be used for a new water tower, playground and Old Fashion Days to be able to have a place to grow.  He asked if the playground was part of the property that is leased by the Tractor Club.  Mike S. said it was.  Ric then asked when the Council signed off on allowing the use of alcohol on the grounds.  Billy said he was unaware of any alcohol use as did Mike S. and Mike R.  Billy asked if there was a sign up there and Ric said no but it said alcohol was allowed in the brochure of the truck pull.  Brayden Fleece said that alcohol was not permitted and Ric showed that an email from Brayden had said beer was allowed.  When Brayden asked the date of this email it was in 2008; they did not hold a truck pull in 2008.  Ric said that he was aware there was alcohol during the recent truck pull and Brayden said he did not approve this.  Ric pointed out that his signature was on the information that stated beer was allowed; Brayden said he told the guys no drinking and pulling.  Billy stated that this needs to be changed; Jason Hankins said it has always been the policy that there be no alcoholic beverages on the property.  If they get over in the pits where we lease ground from Lew Kincaid and they keep it over there, we don’t have a problem with it as long as it stays off of town property.  This has always been the case and well known.   


Brayden stated this has not been an issue and Ric said it is an issue, but as long as the Council is aware of what is going on, but the thing is they don’t.  Mike S. asked if it was possible to put up a sign that clearly states no alcoholic beverages allowed on the property; Jason said that would not be a problem.  Mark suggested this also be posted at the park.  Ric stated that this should be an ordinance. 


Mike S. addressed the issue of the use of the land and quoted from the minutes of May 4, 1999 which stated in part “land is intended to be the future sight for next water tower when it is needed.  A soccer field and another baseball diamond is planned as well as a picnic and nature area.”  Two weeks later the letter dated May 18, 1999, from Whitelick Heritage Foundation was received stating that “it is my pleasure to inform you that your grant proposal to purchase acreage for the North Salem Old Fashion Days historical farming display has been selected as one of the seven “Community Grant Projects”.  Ric stated that he has seen the letters of intent, but he has not seen the actual grant; Mike S. said he would have to go to Whitelick to get that.  Ric  stated that DeeDee Daniels thinks she might have it as she was the original grant writer, but it is in the archives so it will take her a while to get it.  Mike R. asked Dave Moreland if he had the grant papers.  While Dave was going through his files, Gary Harris referred back to the alcohol issue and asked what the difference was of people drinking up at the truck pulls and drinking in their own driveways on private property and then getting in their pulling trucks and driving around town.  Ric said that what was brought





November 4, 2010, Board Meeting Minutes – Page 3




up to him was having alcohol around the playground and that is the main issue.  Gary says he understands that but there are also kids playing on the streets too.  Ric said that technically there shouldn’t be kids playing on the streets and if you’re allowing your kids to play in the streets and they get hit by a car who do you think is liable?  


After more discussion, Ric brought up the naming of the tractor field  and the fact that a lot of people have put a lot of time and a lot of effort into it and there were some people who were offended by the fact that the name got changed over a $1,000.00 a year investment.  Ric wanted to know why all of a sudden can someone buy the naming rights to city owned property.  Mike S. mentioned that it happens with a lot of sports venues, etc.    The property was purchased through a grant.  The town was spending $300-$500 a year just to maintain this property which the Tractor Club now maintains.  We have a contract with the Tractor Club.  Ric stated that it was probably time to re-negotiate the lease.  Mike S. said that the lease has been paid up for 20 years and there are still 18 years remaining.   Billy mentioned that as a citizen of the town, he would like to know how it got renamed Fleece Machinery Field and why the town was never consulted on this change.  Jason Hankins said that the Tractor Club had the sign made up but it was never anyone’s intention to name the field “Fleece Machinery Field” and that this is an issue that can be easily remedied.    Jason said they will put up a sign with whatever the Town thinks it should say.  He also said that the property is for use of the community….not just the Tractor Club.   Anyone can use the property.  Billy agrees that the Tractor Club has done a nice job in improving and upkeep of the property.   Ric mentioned that there is absolutely nothing wrong with Brayden having a truck pull as long as people know where the money is going and what is going on.  As far as the naming, Jeff deserves to have his name on it if he is paying for part of it, but that money needs to be accounted for.  Since Old Fashion Days is a making money does that mean they should pay for their insurance?  Jason stated that the Tractor Club would submit income and expenses for the year to the Town Board.  It was suggested that members of the Tractor Club and Old Fashion Days meet with the Board to go over year end income and expenses.    Mike S. asked if a date should be set; Harold Blake said that each could submit a written report and that no special meeting is needed.  Jason said that the Tractor Club sustains itself; they have not borrowed money off of Old Fashion Days or the Town and it has paid for itself and we have made improvements.  Anyone who donates gets their name on the sign.  We pay insurance every 6 months; upkeep and maintenance is ongoing and the audio system needs replaced.  Mike S. said that the grant was written for community use and that the Tractor Club has been using and improving the land for such use.   



Dave Moreland said that the property was  secured for Machinery Field and it was to be a standalone thing so that the Tractor Club could have its own money.  In the grant it says that it is for Machinery Field, a part of Old Fashion Days and the only reason the town has their name on the property is because if something ever happened to the Tractor Club,  the land would be sure to go back to the town and as long as the tractor club is in existence this is what the land is to be used for because that was in the grant.  Ric then asked if there was a time lime of seven years and both Dave and Mike S. said no.  Brenda Fleece said that the bottom line was that they want to see the Tractor Club and Machinery Field succeed and that it was never their intent to have the field named Fleece Machinery Field but we made a promise that we would donate every year.  Jason said that anyone else who wants to donate can have their name on the sign too.   Someone said that if they named it Gene Lucas Memorial Field would anyone have an issue.   Mike S. mentioned that the sign has 41 names on it of those who have sponsored or donated. 


Because of a state statue, Mike S. announced at 6:45 pm that the meeting was adjourned.






Cheryl Russell





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