Regular Council Meeting Thursday, March 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 Thomas Bottorf, second by Bob Gale to accept the minutes from the Special Council Meeting held February 22, 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 Dr. Singh and Dr. Corona were scheduled to appear before Council but were not at the meeting. Glen Schultz, representing WODA Group, discussed with Council WODA's request that the second phase of their development (Meridian Green II) be allowed to proceed with the same arrangement regarding a single tap for water for their buildings versus individual taps that is required with the Ordinance that was passed in between their first Phase (Meridian Green I) and this second phase. Matt Parise explained that the arrangement with WODA on Meridian Green I, was to pay the minimum for water, sewage and sanitation for all units whether or not they were occupied. Mr. Schultz said that he had no problem with that arrangement. Robert Martin Sr. said that if this arrangement was made for WODA then it should be available for other apartment owners. Chris Becker told Council that they would need to revoke the current Ordinance and pass a revised Ordinance if this was the direction Council wished to pursue. Thomas Bottorf discussed some concern he had regarding the current way that the Village was billing Meridian Green I, he said that the Village was losing approximately $90.00 per month in revenue. In response to Jason's Mattern's questions, Mr. Schultz said that WODA planned to break ground on Meridian Green II on April 1, 2007 and needed to complete construction by the end of the year. Bob Gale agreed that the Village should not be allowing this tap arrangement for WODA and not allowing it for other apartment owners. Motion by Robert Martin Sr., Second by Bob Gale to have an Ordinance prepared to repeal the single tap Ordinance (2006-16, section 933.01 of the revised code) and to establish a new water tap Ordinance. Discussion of the Motion: Matt Parise suggested that a water and sewer committee meeting be held prior to voting on this new ordinance. Bob Gale asked that all members be given a copy of section 933.01 of the revised code dealing with the tap Ordinance. It was decided that a Special Meeting would be held on March 8, 2007 at 7:00 PM to discuss this tap issue. Vote on the Motion to repeal the single tap ordinance and establish a new ordinance. Vote: Robert Cochrun yea, Jason Mattern nay, Robert Martin Sr. yea, Bob Gale yea, Matt Parise nay, Thomas Bottorf nay. Mayor voted yea to break tie. Motion passed 4-3. Reading of Ordinances and/or Resolutions Ordinance 2007-03: An Ordinance amending the Village Income tax Ordinance was read for the first time. Chris Becker and Bob Laukert briefly discussed a few changes and exemptions that were included in this amended Ordinance including the fact that now no wage tax was imposed on those under 18. Other items discussed were that gambling winnings over $5000 were taxable along with dividends over $1000. They also explained that most of this language in the Ordinance was used based on state laws and that the dollar amounts listed in certain items such as gambling winnings could be changed. John Synodinos questioned why the state could dictate how Villages taxed its residents. Reports, Announcements and Communications Mayor Dave France read the February 2007 Magistrate's and Code Enforcement Reports. Mayor Dave France reminded Council that they were all invited to attend the tour of Toronto's Hypo Treatment plant tomorrow at 10:30 AM. Administrator's Report Walt Ziemba gave an update of the Garden Drive and Meadow Road project including a proposed work timetable. Walt Ziemba told Council that they all had a copy of the EPA annual water system survey that indicated that the Village was in compliance with all mandatory requirements. He said that the report did include several recommendations for the Villages water system. Walt Ziemba told Council that the EPA issued a letter stating that grant and low interest loan application were being accepted to help make drinking water improvements. Walt Ziemba asked Council to reappoint Bob Laukert as the Village representative to work with RITA on Wage Tax issues beginning March 1, 2007 until February 29, 2008. Motion by Bob Gale, second by Thomas Bottorf to approve Bob Laukert as a Village representative in matter dealing with RITA and the Wage Tax of the Village for the year ending February 29, 2008. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Walt Ziemba gave Council an update on the Consortium Group meeting held by the Jefferson Soil and Water Conservation District. Chris Becker said that he had reviewed the water tower lease agreement with L & M Electronics and approved of the language in the agreement. (The previous meeting Council had approved this arrangement on this approval by the Solicitor) Walt Ziemba gave Council copies of the billing worksheets that showed how billing was currently being done by the water office for Meridian Green I. Walt Ziemba gave Council an update regarding the recent ODOT District 11 Construction Meeting he attended. Walt Ziemba said that he would be announcing the Citizen of the Year for 2006 at the next meeting and would be presenting the person a plaque for the Village. Walt Ziemba said that sodium hypo system was moving forward and the Village may need to wait until next year to have the system in place. Walt Ziemba said that the Village would be selling an old water truck (#19) for a minimum bid of $500. Walt Ziemba said that he would like Council to consider allowing him to purchase a Valve Exerciser that was being offered for $24,900 that normally would cost $40,000. He explained all the uses of the equipment and how it would aid various water and sewer functions. Council Agreed to discuss this at a water and sewer meeting. Walt Ziemba said that he would like to know what rate that Council wanted to pay next year sine the law allowed the Village to pay less than minimum wage to these individuals. Council agreed to discuss this at a Finance Committee Meeting. Walt Ziemba said that the phone review by Spy Glass Inc. had gone well and that they would be submitting recommendations that could save the Village as much as $4000 to $5000 annually on phone bills changes. Walt Ziemba asked Council to waive the remaining days for the 90 day probation for Tom Lane who had recently been promoted to full time as a Utility Department employee. The Administrator said that Tom Lane had been a part time employee for over a year prior to this promotion and had already proven that he was a good fit for the position. Motion by Bob Gale, second by Robert Cochrun to waive the remainder of the 90 day probation for Tom Lane and make his full time status with benefits and pay rate effective beginning with the next pay period that starts March 4, 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. Old Business Chris Becker suggested that the Administrator publish a nuisance abatement notice in the paper regarding 131 Orchard Street once a week for 3 Consecutive weeks to be able to tear down this property according to section 1341.07 of the revised code. New Business Mayor Dave France said that he and Dom Mucci had met with a representative of state Senator Sherrod Brown's Office and discussed the needs of the Jefferson County Area. Robert Marin Sr. said that he had been contacted about a new bowling league being formed for local youths and that Wintersville had been asked to consider entering a team or teams in the league. Robert Cochrun reminded Council that the Public Hearing for the annexation of the Day Care Center on Fernwood Road would be taking place at the Commissioners Office on April 12, 2007 at 11:30 AM. Council agreed that a personnel meeting would be held on March 8, 2007 at 6:00 PM to discuss several issues. Transfers None. Motion by Robert Martin Sr., second by Bob Cochrun 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. For the Good of the Village None. Motion by Robert Martin Sr., second by Bob Cochrun 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 Council Meeting is 7:00 PM on March 15, 2007. Disclaimer: These are a draft of the minutes and not deemed official until approved by Council. Mike Payne, Clerk Treasurer Dave France, Mayor