Regular Council Meeting Thursday, February 3, 2005 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price present, Thomas Bottorf present, Robert Martin Sr. absent, Matt Parise present, Dave smith present. Officials: Mayor Dave France present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne, Administrator Walt Ziemba Moment of Silence Pledge of Allegiance Reading of Minutes John Synodinos requested an addition to the minutes from the January 20, 2005 Council Meeting. He asked that his comments regarding the Sunshine law question be included in the minutes Motion by John Synodinos, second by Dr. Robert Price to approve the minutes as corrected from the January 20, 2005 regular Council Meeting Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Persons Appearing Before Council Mike Calabria, attorney representing the Linkesh family, discussed with Council his client's request that Council consider submitting a letter to ODOT asking for alternatives to be considered to allow traffic to continue to be permitted to turn left on to Route 43 from Citgo, Frosty Treat and Sabina Drive. He suggested that an additional light might help this to be possible. John Synodinos said he had never supported ODOT's proposal. He said that cars make left hand turns on Main Street in Wintersville and he saw no reason why they could not be done on Route 43. He also said that ODOT tied the Village's hands on this matter. Mike Calabria said that the Village could put pressure on ODOT since Sabina Drive is a Village road. John Synodinos suggested that Mr. Calabria draft a letter that Council could review before voting on whether to send anything to ODOT. Dave Smith said that ODOT prefers not having a left hand turn primarily due to safety concerns. He said that ODOT could always decide to take their funding somewhere else in the state, if the Village did not follow ODOT's recommendation. He said this issue had been discussed for months and that this was the best allocation of the funds. He said that ODOT had explained why additional traffic lights would back up traffic. Matt Parise said that there were those on Council (including himself) that supported the idea of allowing a left hand turn in this area. He said since Council as a whole would not support this position he would be willing to personally sign a letter to ODOT asking to allow a left hand turn. He said he believed businesses would suffer because of this turn restriction. John Synodinos said he supported Matt Parise's sentiments on this issue. Walt Ziemba said that he had met with the Linkesh's on this situation. He said that he recognizes the Linkesh's concerns but that ODOT has professionals designing these traffic patterns. He also said that the first accident that happened if ODOT's recommendations were not followed would put the Village at risk in the liability arena. Chris Becker said that he did not feel that the liability exposure would be that great although there might be a little more if ODOT's recommendations weren't followed. He said that ODOT had already been given the support of Council for this road development and that funding for this project by ODOT was a bigger concern. Motion by John Synodinos, second by Matt Parise to submit a letter to ODOT indicating Council's support for Mr. Linkesh's position of allowing a left hand turn from Sabina Drive area location onto Route 43 provided that it could be done legally. Discussion on the motion: Matt Parise said he could not find too many people that were happy with ODOT's design of this section of road on Route 43. Dr. Robert Price said that Council had already made a decision on this matter and if the Council Members who disagreed could write letters as private citizens. Thomas Bottorf said that Council had reviewed this situation for a long time and it was a shame to bring it up again. He said that the public had been given many opportunities to have input on this design and it was time to move on. Vote: John Synodinos yea, Dr. Robert Price Nay, Thomas Bottorf Nay, Matt Parise yea, Dave Smith nay. Motion failed 3-2. Mayor Dave France called for a 5 minute recess because Councilmen Matt Parise had left Council Chambers. David Cooper and Jeff Woda, representing the Woda Group, asked Council for a Resolution supporting a 2nd Phase on their Meridian Greene Housing Development that would help them obtain tax credit toward the Development. They said that the 2nd Phase of the project would add 40 more units. They said that the first phase would be complete by the end of this year and the 2nd phase sometime in 2007. Motion by Dave Smith, second by John Synodinos to support a Resolution in favor the 2nd Phase of this housing development. Discussion on the motion: Matt Parise inquired about the requirements for people to reside at the development. Jeff Woda explained that residents age 55 and over and meeting certain financial requirements were eligible. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Reading of Ordinances and/or Resolutions Resolution 2005-02: A resolution supporting the Meridian Greene Phase II housing development was read for the first time. Motion by John Synodinos, second by Dave Smith to suspend the rules for the 2nd and 3rd readings for Resolution 2005 02. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Resolution 2005-02: A resolution supporting the Meridian Greene Phase II housing development was read for the 2nd and 3rd times. Motion by Thomas Bottorf, second by Matt Parise to approve Resolution 2005-02. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Chris Becker discussed with Council the language needed for the new tap fees ordinances. Ordinance 2005-01: An Ordinance revising the new water fund tap in fees was read for the first time. Chris Becker said he would be working with the Toronto Solicitor with regards to the Storm water regulations Ordinance. Chris Becker said the was working with RITA to update the Village's wage tax ordinance. Reports, Announcements and Communications Mayor Dave France said that he and John Synodinos had both followed up on the taping of the Council meetings and that by the end of February everything should be set to have this started. Mayor Dave France read the January 2005 Magistrate and Code Enforcement Officers reports. Mayor Dave France announced that the Village's Offices would be closed February 21, 2005 for President's Day with no change in the weekly sanitation schedule. Administrator's Report Walt Ziemba announced that a bid opening had taken place earlier in the day for a new police cruiser. The only bid submitted was by Biggio Ford in the amount of $22,863. Motion by Thomas Bottorf, second by Dave Smith to accept the bid from Biggio Ford for the new cruiser in the amount of $22,863. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Chief Laman said that the price of the car included all the accessories needed for the vehicle. Walt Ziemba said that Featheringham Realty would be working establishing a value for the telemetry property. Walt Ziemba said that the Village had flushed the lines running through Sunset Gardens and would also be meeting with County Officials to discuss what else could be done to help with the odor problem in that area. Walt Ziemba said the equalization review board had met on January 19 and would be holding another meeting regarding Sam's Way. Walt Ziemba said that 5 consultants would be receiving the bid packets for the Village's I & I study. Walt Ziemba said that the had held his 2nd monthly supervisor meeting and that they would be developing and submitting the following to Council: - 10 year equipment needs - Street Inventory - Five year paving plan - Lift station proposals Walt Ziemba said that his supervisors felt that a new dump truck was more important to purchase at this time than a new backhoe, since the dump truck was in worse condition and constantly in need of repairs, including $1,500 currently needed for new springs. He said that his estimated cost for replacement of a new heavy duty one ton truck with a snow plow would be approximately $40,000 after trade-in. Mike Payne said that the approved appropriations for 2005 had amounts budgeted in the Street M & R, Water and Sewer funds to pay for a new vehicle. Motion by Thomas Bottorf, second by Matt Parise to authorize the Administrator to go out to bid for a new one ton dump truck. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Motion by Thomas Bottorf, second by Matt Parise to have an Ordinance prepared to authorize the Administrator to advertise for bid, the 2002 Dodge one ton dump truck with a minimum bid of $20,000. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Unfinished Business Walt Ziemba said that he was not sure of the address of the property on Ellsworth Street that had been reported as needing grass cut and would have to ask Robert Martin the address. Walt Ziemba said that he had contacted ODOT regarding the paving timetable for Main Street and had not received a call back from them. Walt Ziemba said that he had checked into the seminar being offered by ODOT that Robert Laukert had mentioned and discovered that it was more geared toward consultants. Walt Ziemba updated Council on the Moon Valley sewer problem. He said he would know more in the next couple of weeks. Walt Ziemba said the businesses on Kragel Road would begin receiving sanitation bills in March. Chris Becker asked Council what specifically they wanted him to review on the MS Consultant contract. John Synodinos said that he would like Chris Becker to determine whether MS Consultants performed the specific terms specified in the contract. Walt Ziemba explained how MS Consultants went about doing their study. Thomas Bottorf said that 2003 was the year of the drought and that MS Consultants actually had to put water in some spots to be able to study the system. He said that the EPA required the Village to complete this study and would not give the Village an extension of time. Matt Parise said that MS Consultants actually did two sets of readings and one was not during the drought. John Synodinos said that he would like to know whether all the terms of the contract were fulfilled. Chris Becker said that he would review the language of the contract. Chris Becker explained to Council what conditions would violate Ohio's sunshine laws. He said that if the following three thing existed the meeting fell under the open meeting laws. 1) A meeting must be a prearranged gathering 2) A majority of the public body or majority of any subs-set of the public body including committees must be at the meeting 3) Public Business must be discussed. He said that his advise to Council was that if any two Council persons were on the same committee they should avoid prearranged meetings where public business might be discussed. John Synodinos said that he was under the impression that there needed to be 4 Council persons involved to constitute a meeting. He said that he would like something in writing from the Solicitor on this issue. Matt Parise said that when he, John Synodinos and Robert Martin Sr. met with County officials to discuss the telemetry project that he was the only member on the water committee. Chris Becker said that this topic was discussed at the State Auditor and Attorney General's web sites. Dave Smith said that he would be updating the Rules of Council. John Synodinos asked that a committee meeting be held to work on the Rules of Council updating. New Business John Synodinos said that there was a rental property behind Kroger's that needed a dumpster. Walt Ziemba said he sent a letter to the owner of the property giving them 30 days to get a dumpster. Matt Parise complimented the road crew for their excellent work on the most recent snow fall, and added that it was a big improvement over the previous snow removal. Matt Parise said that a policy needed to be developed regarding employees who become uninsurable in the future in regards to driving Village vehicles. Chris Becker said that all employees were "at will" employees and could be terminated for this type of situation. He said that it would help to put the Village's policy in writing, but that it was not required. John Synodinos said that if the Village was permitted to fire someone who is not doing something properly then Council should fire them. Chris Becker said that such a firing would be defensible by the Village but the case for the employee would be stronger because of the amount of time that had elapsed. Matt Parise said he did not want to make the policy retroactive but just wanted to help prevent the situation from occurring in the future. Thomas Bottorf said that there was another large pothole on Church Street that needed repaired. Matt Parise said that the series of potholes on Main Street in front of Motif's also needed fixed. Perry Pool said the potholes on Main Street were more difficult to patch because they were shallow. Motion Matt Parise, second by Dave Smith to approve the fund transfers prepared by the Clerk Treasurer. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Motion by Matt Parise, second by Dave Smith to pay bills approved by Council as funds become available. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Motion by Matt Parise, second by Dave Smith to adjourn. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Next regularly scheduled meeting is February 17, 2005 at 7:00 PM, with a Finance Committee Meeting at 6:00 PM. Disclaimer: These are a draft of the minutes and not deemed official until approved by Council.