Regular Council Meeting Thursday, February 17, 2005 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price present, Thomas Bottorf present, Robert Martin Sr. present, Matt Parise present, Dave Smith 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 Dr. Robert Price, second by Thomas Bottorf to approve the minutes from the February 3, 2005 regular Council Meeting as corrected. Matt Parise asked that the word present was left out after Walt Ziemba and Mike Payne's name. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Persons appearing before Council Mayor Dave France read and presented a proclamation to the family of former auxiliary Officer Kenneth Cesaro. Reading of Ordinances and/or Resolutions Ordinance 2005-01: An Ordinance changing tap in fees for various entities was read for 2nd time. Ordinances 2005-03-05: were tabled for their first reads at a future meeting. Ordinance 2005-06: An Ordinance placing the 2002 Dodge Ram truck out for bid was read for the first time. Reports, Announcements and Communications Mayor Dave France read the January 2005 Police Report. Mayor Dave France said that Village Offices would be closed Monday, February 21st for President's Day, he said that no change in sanitation would take place. Administrator's Report Walt Ziemba said that the map that he had reviewed indicated that the Village easement site where the telemetry equipment was going to potentially be located was over several grave sites. Dave Smith asked why this location was selected. Walt Ziemba said that because the price for the site would probably be reasonable and that it was located near a Main water line. Dave Smith asked if the site could be located near the Village garage. Walt Ziemba said he would check with Jack Gilmore about other possible sites. Walt Ziemba said that two more samples had been drawn from the sewer system in Garden Drive area in the presence of County Officials and were sent out to be analyzed. He said when these samples came back in 3-4 weeks he would discuss them with County Officials. Walt Ziemba said that an equalization board meeting for the Sam's Way Assessment was tentatively scheduled for March 9, 2005. Walt Ziemba said that he was still working on the I & I Study RFP. Walt Ziemba reported that the sewer lines in Moon Valley have been cleared of roots and video taped. He said that the video tape will determine what additional work needs done in this area. Walt Ziemba discussed the fact that the Beechwood Ravine and Floyd areas have tree species that are possible bat roost trees for the Indiana Bat. Walt Ziemba said the new single axle 2 ½ ton dump truck was received on February 16. He said that the Village would be purchasing an extended warranty for this truck at a cost of $1700-$2000. Walt Ziemba said that the Village would be accepting bids for a new Heavy Duty 4 x 4 One ton dump truck with snow removal equipment. He said the bids would be opened March 3, 2005. Matt Parise asked that Village try to use the snow plow from the old truck. Perry Pool said that based on the type of truck that was purchased the old snow plow may not be able to attach to the new truck. Unfinished Business Walt Ziemba said that he still had not received a return phone call from the company regarding the school light that is not working. Robert Martin Sr. asked about workers who had been working out of a truck labled Nesco, who were repairing Village street lights. Walt Ziemba said that he would follow-up on this to see if Bruce and Merriless sub contracted out this company to work on the lights. Robert Martin Sr. described the location of the house on Ellsworth that had an issue last year of not cutting their grass. Walt Ziemba said that the land value where the telemetry system was previously proposed to be located was approximately $6000. Walt Ziemba said that Tammy Plante would be giving Bob Laukert an updated Vilalge street listing for him to use to work with RITA. Walt Ziemba said that he had been unable to reach the phone company regarding the drops on Main Street. Walt Ziemba said that the 2nd part of the Main Street repaving would not take place until the spring of 2006 because of the state approval process. Walt Ziemba said that letter had been sent out to the businesses on Kragel Road letting them know that they must have dumpsters in place by April 1, 2005. Walt Ziemba said that he is still working on the Village's 10 year equipment listing. Walt Ziemba said that the potholes on Church and Main Street had been fixed. John Synodinos asked if the owner of the complex behind Krogers had obtained dumpsters. Walt Ziemba said that the owner, Mr. Carapellotti did not think he needed dumpsters. Chris Becker said he would review the Ordinance to see if the Village's ordinance required this type of Multi Unit complex to have a dumpster. After a quick review of the Ordinance book he said the Ordinance currently reads that any multi unit building exceeding six units must have a dumpster. He said his interpretation of this Ordinance means that this complex must have a dumpster. Chris Becker said he had not yet researched the Warren Lane issue. Chris Becker said that his research showed no liens on 95 Roberts Street or the Garage on Floyd Street (lot 55) owned by Susan Reese. He said that the next step is that the Village would pay to demolish the property and recoup the amount through property taxes. Robert Martin Sr. said the was told that there was a lien on the Roberts Street property. Chris Becker said he would try to contact the individual that thought there was a lien on the property. Chris Becker said that Chuck Antill should follow-up on getting an estimate for tearing down the garage. Matt Parise suggested that the Ordinance information discussed earlier regarding the requirements to have a dumpster for complexes with 6 or more units be forwarded to Mr. Carapellotti. Chris Becker said that he was going to wait until April to begin negotiations for a buulk water contract with the County. Chris Becker said that he had reviewed the MS Consultant contract and that it was his opinion that they had completed what they had been expected to do in the contract. Chris Becker said he would follow-up with a written opinion regarding the Sunshine law question but for now his advise to Council was to exercise prudence involving any situation with two or more Council members present and avoid discussing Village business. He said his advise is based on the Ohio Supreme Court ruling that said that the Ohio Sunshine law was to be interpreted liberally when involving prearranged meeting where a majority of any public body takes place and public business was discussed. John Synodinos asked what the definition of a public body was. Chris Becker said that prior to a 2001 Court ruling this was construed to be a decision making body, but that now this definition included committees which are subsets of a main body. He said to avoid any problems his opinion would be not to get together with another Council member and he would state that in a written opinion. Matt Parise asked if the subject mattered in the Solicitor's opinion when two council members meet. Chris Becker said this was a "Gray" area, but he was advising Council not to meet with each other. He said that he agreed with Mr. Synodinos that prior to the 2001 decision that Council members meeting were only in violation of the law if they were meeting as a decision making body. Mayor Dave France said that he would prefer that Council members not take cell phone calls during the meeting. He said that he was in control of the meeting and that according to Roberts Rules of Order he could regulate cell phone usage. John Synodinos said that years ago he tried to pass a motion eliminating cell phone calls during meetings but the motion was defeated. Chris Becker said that Council Members could amend their rules of Council to deal with the cell phone issue. He said the Mayor is the presiding officer during the meeting. He said that Council could also amend the Rules of Council to include that any Council Member who needs to leave or step out during a meeting ask permission from the presiding officer. Robert Martin Sr. said he thought someone leaving the meeting should just be able to tell the "chair" that they needed to leave the meeting. Dave Smith said that Council rules would be discussed and dealt with at the next committee meeting. Mayor Dave France said that March 3rd would be the first televised Council meeting. Robert Laukert said that he would be working with RITA on updating rules and regulations as well as wage tax collection efforts. Dave Smith said that he would like to hold an Ordinance Committee meeting Tuesday 2-22-05 at 6:30 PM to discuss several issues. The other members of the Ordinance committee said they would check their schedules for that night. Thomas Bottorf said that during the finance committee meeting it was decided to have Greg Day return to another finance committee meeting to present a revised quote for Administrative computers. New Business Matt Parise discussed a quote that was in the Herald Star regarding Sam's Way residents not willing to pay for the new road. He said that the residents just wanted to make sure that things were equal. Mike Payne asked if Council had any problems with keeping Drane, as the company which codified Village Ordinances. Chris Becker said that Drane was very helpful to him when he needed their assistance. Council Members did not have any objections to keeping Drane to do this service. Thomas Bottorf asked if the Village could get the Ordinance on a compact disk format. Chris Becker said he would check on this as well as any cost involved. Motion by John Synodinos, second by Robert Martin Sr. to approve the budget transfers as prepared by the Clerk Treasurer. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Motion by Matt Parise, second by Robert Martin Sr. to pay bills approved by Council funds become available. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Motion by Robert Martin Sr., second by Thomas Bottorf to adjourn. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Next regular scheduled meeting is Thursday, March 3, 2005 at 7:00 PM. Disclaimer: These are a draft of the minutes and not deemed official until approved by Council.