Regular Council Meeting Thursday, February 19, 2004 Mayor France called the Meeting to order. Roll Call: John Synodinos present, Dr. Robert Price present, Dave Smith present, Robert Price present, Matt Parise present, Thomas Bottorf present. Officials: Mayor Dave France present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne present, Administrator None. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by Thomas Bottorf, second by Robert Martin Sr. to approve the minutes of the regular Council Meeting held February 5, 2004. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Dr. Robert Price, second by Robert Martin Sr. to amend the previous motion to approve the minutes from the February 5, 2004 meeting with the corrections needed in the reading of the Ordinances section of the minutes. (Ordinance 2004-01: 2nd read and Ordinance 2004-02: 1st read were omitted from the minutes). Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Dr. Price, second by John Synodinos to approve the minutes of the Special Council Meeting held Thursday, February 12, 2004. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Persons Appearing Before Council Ray Lister and Mike Kearns, representing Hamilton and Associates, distributed handouts to Council that showed cost estimates to install a filtration and water water reuse system. Ray Lister said that the proposed system would save the Village between $8200-$8400 in water costs annually. John Synodinos asked what other costs and advantage were involved in this system. Ray Lister said that the Village would incur an additional $800-$1000 in annual electricity costs. He said that the machinery should be relatively maintenance free initially but that maintenance costs would be another few hundred dollars annually after that. He said that the system's main advantage was creating a recycling system which would eliminate the water cost now used by our belt press. Motion by Thomas Bottorf, second by John Synodinos to have the water and sewer committee discuss this matter. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Matt Parise asked Mr. Lister how he determined the savings in water with the system. Ray Lister said that he had worked with Perry Pool to calculate this savings. He said after the equipment was installed the Village would only need to have drinking water available for the employees. Matt Parise asked what all was included in the price estimate. Ray Lister said that the estimate included the cost of the equipment and installation. He said that his firm would have additional billings to the Village, and that his firm's total fees including EPA filings would be approximately $5000 and that a portion of those fees had already been billed to the Village for the work they had done so far. Matt Parise asked what the time period for installing this equipment would be. Ray Lister said that he would estimate it would be 2-3 months. Matt Parise asked if Hamilton & Associate had been involved in installing this system for other entities. Ray Lister said that they had not. Mike Payne inquired whether the Village could purchase this equipment directly. Ray Lister said that the Village could do so and gave the name of the vendor who was the dealer in this area for the equipment manufacturer that they recommended. John Synodinos asked the solicitor if the Village was required to bid out this purchase. Chris Becker said that since it exceeded the dollar limit that the Village would need to bid this out. Ray Lister said that his company could work up the bid specs for the system. He acknowledged that the Village would be charged for this service. Bob Laukert, BHJ Representative, reported on the January 21st meeting, he said that a discussion was held at the Meeting concerning a grant request for the C.H.A.N.G.E. relating to transportation needs. Mr. Laukert also updated Council regarding the Bridge Study status. Reading of Ordinances and/or Resolutions Ordinance 2004-01: An Ordinance increasing Magistrate Court Costs by $10.00 was read for the 3rd time. Motion by Thomas Bottorf, second by Dr. Robert Price to approve Ordinance 2004-01. Vote: John Synodinos nay, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. nay, Matt Parise nay, Thomas Bottorf yea. Mayor France broke the tie by voting yea Motion passed 4-3. Ordinance 2004-02: An Ordinance approving 4 hours straight time in additional holiday pay for the Police officers was read for the 2nd time Ordinance 2004-04: An Ordinance providing up to $1500 for coffee, water and food items for Village employees was read for the 1st time. Reports, Announcements and Communications Thomas Bottorf gave an update on the meetings and discussions that the sanitation committee had been having on changing sanitation rates to help eliminate the deficit that the sanitation department had been operating under. He said that the Ordinance changes for the sanitation rates was almost complete. Dave smith said that the Council rules and Ordinances committee had met earlier in the day to go over recommended changes in the Council rules and they would be submitted those to Chris Becker. John Synodinos said that he thought Council had already approved rules of Council for 2004. Old Business John Synodinos asked if MS Consultants had been asked to come to Council to discuss their progress. Mayor France said that they would be coming to the next regular Council Meeting. John Synodinos asked if the Village's water Attorney Dennis O'Toole would be meeting with Council. Chris Becker said that he had contacted Dennis O'Toole's secretary about the Attorney meeting with Council. Chris Becker said he was informed that on the 3rd Thursday of each month Mr. O'Toole had another commitment but that the next Council meeting on March 4th Mr. O'Toole may be able to meet with Council. John Synodinos inquired about Cathrell Electric doing the work on the lampposts on Grove Street. Robert Martin Sr. said that Cathrell Electric was supposed to fax something to the Village on this project. Mayor France said that the fax had come in and he had forwarded it to Perry Pool. Matt Parise asked if there was anything new on the Sam's Way matter. Chris Becker said he had sent out an estimate to the resident's attorney, Mike Calabria, and that the next move was up to him. Matt Parise asked Chris Becker if he had contracted Waste Management concerning negotiations on the rate being charged under the current agreement. Chris Becker said that he had not contacted them yet, but would do so prior to the next meeting. Matt Parise asked Chris Becker if he had prepared an opinion on his question regarding accrued time. Chris Becker said that he would get this opinion to Mr. Parise. Matt Parise inquired whether the Mayor and Perry Pool had discussed the matter concerning allowing the County to continue to use the Village's sludge truck. Mayor France said that the County had turned this truck back over to the Village and that the County would no longer be using the vehicle. Matt Parise asked why the Village had not taken advantage of reducing the amount of money paid to MS Consultants by using Village employees to do certain video work. Mayor France said he was not sure why this had not been done. Matt Parise said that he believed that approximately $46,000 could have been saved if the Village's crews had done this work. New Business John Synodinos pointed out that the previous meeting's minutes did include approving the Rules of Council for 2004. Motion by Thomas Bottorf, second by John Synodinos to recognize Bob Ferguson for his 6 years of service on the Village Planning Commission. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Robert Martin Sr., second by John Synodinos to present a plaque to Bob Ferguson for his service on the Planning Commission. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Mayor France asked for a motion by Council to go into executive session to discuss the hiring of an Administrator. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Dr. Robert Price, second by Dave Smith to go into executive session to discuss a personnel matter concerning the hiring of a new Administrator. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Thomas Bottorf, second by Dr. Robert Price to return to regular session. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Mayor France said that the process of hiring an Administrator had started with 46 applicants and that he and a committee of reputable citizens had selected 3 candidates for Council to interview. He said that there was a choice, but this particular person pulled out because of the salary. He said that he was now recommending to Council one of the other 3 candidates, Margaret Metzger, to vote on as the new Administrator. Motion by John Synodinos, second by Matt Parise to have the Village pay to have a background check on Margaret Metzger. Discussion on the Motion: John Synodinos said that it was in the best interest of Wintersville is have a background check on anyone hired for Village Administrator. He said it was Council obligation as representatives of Wintersville to see that someone that is not only qualified but passed a background check. He said that Council had agreed to do this background check in previous discussions regarding hiring of an Administrator. Robert Martin Sr. agreed with John Synodinos saying that it was in the best interest of the Village to do a background check on the recommended candidate. Matt Parise said that a background check should be done on anyone in a supervisory position. He said this would help from the Village having to go through the hiring process again. Thomas Bottorf asked if Council had ever gone through this process with a previous hiring. John Synodinos said that Council had not previously done background checks but that he regretted not doing them. Matt Parise said that he was the one to suggest a background check. Mayor France said that he was willing to accept responsibility for his decision regarding Margaret Metzger. He said that he was concerned that Council members who did not vote for his recommendation would use information in her background report against her. Vote on Motion: John Synodinos nay, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. nay, Matt Parise nay, Thomas Bottorf yea. Mayor France broke the tie by voting nay. Motion was defeated 4-3 (for background check). Motion by Thomas Bottorf, second by Dr. Robert Price to hire Margaret Metzger as the new Village Administrator. Vote: John Synodinos nay, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. nay, Matt Parise nay, Thomas Bottorf yea. Mayor France broke the tie by voting yea. Motion was defeated 4-3. Thomas Bottorf asked Council members who voted nay on hiring the new Administrator if they would change their vote to support the new Administrator. Council members voting nay did not change their vote. Chris Becker reminded Council that the new Administrator was required to move to the Village within 6 months. Mayor France said that this had already been discussed with the candidates. Mike Payne inquired about the salary and benefits and starting date for the new Administrator. Motion by Matt Parise, second by Robert Martin Sr. to set the salary for the new Administrator at $40,000. Vote: John Synodinos yea, Dr. Robert Price nay, Dave Smith nay, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf nay. Mayor broke the tie by voting nay. Motion defeated 4-3. Motion by Thomas Bottorf, second by Dr. Price to have the finance committee meet and discuss with the candidate the salary and fringe benefits. Discussion on the Motion John Synodinos said that he did agree with this approach. Mike Payne suggested Council approve a salary at $41,000, which was in the middle of the range advertised. He said then Council could discuss whether they wished to also give her a travel allowance similar to the previous Administrator. Thomas Bottorf with drew his motion. Motion by Thomas Bottorf, second by John Synodinos to set the salary for the new Administrator at $41,000. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Council briefly discussed the issue of a car allowance for the new Administrator and decided not to make this part of the Administrator's salary and fringe benefit package. Mayor France said he would inform the Clerk-Treasurer's office of the start date of Margaret Metzger after he contacted her. He asked Council members to give the new Administrator their support. John Synodinos said that just because he had requested a background check, did not mean he would not be giving the new Administrator his support. He said that he believed everybody up on Council would be giving her their support. Robert Martin Sr. agreed with John Synodinos. He said that it is Council's duty to work with everyone. Mike Payne said that he would be asking at that next Council meeting for another $5000 to be transferred to the sanitation fund. He said that this needed to be done because when the budget was prepared the finance committee had hoped to have the new sanitation rates in effect by March 2004. He also said that a line item transfer would need to be made to move money to a line item to pay for the travel expenses approved by the Mayor for the Administrator candidate that traveled from Virginia Beach. Matt Parise said that he felt that these types of expenditures should be approved by Council in the future. Motion by John Synodinos, second by Robert Martin Sr. to pay bills as funds become available. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Robert Martin Sr., second by Matt Parise to adjourn. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Next regular scheduled meeting is March 4, 2004 7:00 PM. A Finance Committee meeting has been scheduled for 6:00 PM. prior to the regular meeting on March 4, 2004. Dave France, Mayor Mike Payne, Clerk/Treasurer