Regular Council Meeting Thursday, February 1, 2007 Mayor Dave France called the meeting to order. Roll Call: Robert Cochrun present, Jason Mattern present, Robert Martin Sr. present, Bob Gale present, Matt Parise present, Thomas Bottorf present. Officials: Mayor Dave France present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne present, Administrator Walt Ziemba present. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by Bob Gale, second by Matt Parise to approve the minutes as corrected from the regular Council Meeting held January 18, 2007. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Persons Appearing Before Council Tom Freund, L & M Satellite Company, approached Council about installing a small antenna and some cables on the Village water tower in order to provide wireless Internet Services to customers within the Village. He said that he had already reached an agreement with Hopedale and the County to mount antennas on several water towers for $200 annually per tower and offered to pay a similar amount to the Village. He suggested that Council approve this type of arrangement for three years; he said after three years he would have a better idea if this business would be viable. Chris Becker said that this type of antennae would not violate the current Ordinance that the Village had that regulated cell towers. A motion was made and seconded by Bob Cochrun and Robert Martin to allow Mr. Freund to install the antennae on the Village water tower but was later withdrawn after Council Members decided to continue the discussion of the arrangements at a Finance Meeting. Reading of Ordinances and/or Resolutions Resolution 2007-02: A Resolution approving placing a one mil Police Levy on the May 2007 ballot was read for the first time. Motion by Robert Martin Sr., Second by Bob Cochrun to suspend the rules for the second and third readings of Resolution 2007-02. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Resolution 2007-02: A Resolution approving placing a one mil Police Levy on the May 2007 ballot was read for the second and third times. Motion by Robert Martin Sr., second by Bob Gale to approve Resloution 2007-02. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2006-39: An Ordinance changing Sanitation rates for certain apartment residents was read for the third time. Motion by Bob Gale, second by Matt Parise to approve Ordinance 2006-39. Discussion on the Motion: Jason Mattern said that he supported the conceptual framework of this Ordinance in two ways: 1) The Sanitation crews of the Village do experience some efficiencies with multiunit dumpsters and that he supported passing those efficiencies on to those customers in some form. 2) The framework of this Ordinance should be used as a first step of a comprehensive re-evaluation of the entire sanitation rate structure. He went on to add that the cost savings that are being experienced through lower landfill dumping rates should be passed on to all customers and not to a selective few. He said that the rate structure should consider giving Senior Citizens a discount opportunity. Jason Mattern said that the revenue stream under the current rate structure is insufficient to cover the usual and expected projected expenses of the Sanitation service over the long term without leveraging. He added that if Council is serious in continuing to run a Sanitation Service, appropriate revenues required to support the service for the long term should be addressed. Robert Martin Sr. said that apartment dwellers had previously received a large increase in rates and that Council was just trying to adjust the increase. Tom Bottorf said that this Ordinance that gives a price reduction for 292 of the 1800 sanitation customers is discriminatory. He said the savings from the reduced landfill costs should be spread equally to all residents. He added that this Ordinance does not give a rate reduction to apartment residents if the complexes have four or less units. He said that while that it was true that additional revenue might be brought in to the Sanitation Fund because of Meridian Green there could also be additional expenses due to adding them as customers as well. Walt Ziemba cautioned Council that the long term viability of the Villages utility funds needed to be addressed when changes in rates were made. He said that he was concerned that the Village would not have the funding available for capital purchases under the current rate structure. Matt Parise said that 3 years ago Council had increased rates unfairly to apartment residents and that the current Council now could address that unfair decision. Bob Gale read the following prepared statement concerning the Sanitation rate matter: We have put a lot of effort and time and have delayed this Ordinance as requested by certain Council Members to give everyone the opportunity to discuss and ask questions and let them research the proposal. I wanted everyone to feel they had ample time to make a decision that they can support one way or the other without forcing the Resolution upon anyone. In keeping with the Mayor's request to hold committee meetings to discuss and obtain consensus on such matters so that we wouldn't need to argue on the floor I have done so. I want to thank everyone for their professionalism and openness in debating this Ordinance. We as a Village are better off when we continue to listen to everyone's opinion and giving those that disagree the time to make their points and listen before we move in any directions. The Sanitation Committee has unanimously approved this Ordinance and the majority of the finance committee has approved the findings that based on projected revenue and expenditures that the Ordinance would not cause any budgetary issues. The Ordinance reduces those apartments that were saddled with nearly a 100% increase in 2004 and in some cases much higher than that to balance the sanitation budget. With reductions in costs for 2007 and with bringing on additional residents and apartments in 2007 such as the Meridian Green Complex we are able to offer a lower rate for those individuals that had their rates increased enormously by a previous Council. This Ordinance does not and will not increase any residential customers, residential customers' fees will remain the same as they have been for many years since it was very important to the sanitation committee to see that we maintained a balanced budget and did not cause an increase to anyone. I feel that it is time for the debate to end a decision by this Council should take place in order for us to more on to other more pressing Village matters. Vote to approve Ordinance 2006-39: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf nay. Motion passed 5-1. Reports, Announcements and Communications Mayor Dave France read a resignation letter from Carol Kennedy that indicated her last day of employment with the Village would be February 28, 2007. He thanked Carol for the 25 years of service to the Village and said that she had been an excellent employee. Mayor Dave France read the January Magistrate and Code Enforcement officers report. Administrator's Report Walt Ziemba told Council that he had enclosed in their packets the cost of all the recent water breaks in the Village. Walt Ziemba told Council that the new truck purchased by the Village would be picked up at the dealership today. Unfinished Business Chris Becker discussed with Council the status of 131 Orchard Street that is in need of being condemned. He said that the property had been forfeited to the state and that the Village would need to pay 25% of the latest appraised value of the property before tearing it down and selling the lot. He said that he might be able to ask the County to reappraise the property from the current $21,800 amount down to a much lower amount. John Synodinos, told Council that this property was dilapidated and worth practically nothing. And that the state should be required to pay the costs of tearing the structure down. Chris Becker said that the Village could not assess the state for the costs to tear the property down. But that the solution might be for the Village to just tear the property down and not incur any costs for purchasing the property. He said that he would continue to follow up on this matter. Chris Becker said that regarding the slot machines in the Village the Village would not be able to charge a tax on the gross proceeds of the machines but that a $250 - $500 annual license would be reasonable to charge to the business owner. Tom Bottorf asked Chris Becker to prepare an Ordinance regarding charging a license fee and that the amount would be discussed at a finance meeting. Council asked the Administrator to supply them with copies of the three candidates for "citizen of the year". Council agreed to have voting on the Village website count as a on seventh of the total vote regarding selection of the 2006 citizen of the year along with the 6 Council members votes. Walt Ziemba reported that he had sent a bill to ODOT for slightly over $10,000 for all the supplies, manpower, etc. incurred during the work on the Route 43 project. New Business None. Transfers Motion be Robert Martin Sr., second by Matt Parise to approve the budget transfers prepared by the Clerk/Treasurer. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Robert Martin Sr., second by Bob Gale to pay bills as funds become available. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Discussion on the bills: Matt Parise said that the payment to the Thunder in the Valley should not be paid until an actual bill was presented to the Village showing expenses incurred by them as well as some type of proof that Cross Creek Township had made a contribution to the Thunder in the Valley that had been a caveat of the Village's contribution. Matt Parise said that before the Village made a contribution to Progress Alliance for $5000 it had been indicated in minutes of a previous Council Meeting, that additional discussion needed to take place on whether to make the contribution. Motion by Matt Parise, second by Robert Martin Sr. to discuss the Progress Alliance bill at the next Finance Committee Meeting. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Matt Parise asked the Administrator to contact EMR to ask them to give a more detailed breakdown on future invoices. Matt Parise asked why the shipping costs on a bill from Fastnel Company exceeded the cost of the item shipped. Perry Pool said that the shipping costs were supposed to be waived. For the Good of the Village Kurt Vandeborne, representing Provincial Gardens apartments, said that he was in favor of the Ordinance reducing the Sanitation Rates for apartment residents. He said that if he had his choice in the matter he would contract with an outside entity for trash pickup because the cost would be much less that that of the Village services. Motion by Matt Parise, second by Bob Gale to go into executive session to discuss a personnel issue. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Matt Parise, second by Robert Martin Sr. to return to regular session. Vote: Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. (Bob Cochrun was not available for this vote.) Motion passed 5-0. Motion by Bob Gale, second by Robert Martin Sr. to not accept the resignation of Carol Kennedy. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Robert Martin Sr., second by Matt Parise to adjourn. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Next Regular scheduled meeting is February 15, 2007 at 7:00 PM. Disclaimer: These are a draft of the minutes and not deemed official until approved by Council. Mike Payne, Clerk Treasurer Dave France, Mayor