Regular Council Meeting Tuesday, March 19, 2002 Meeting called to order by Mayor Robert E. Cochrun Roll Call: Gene Pool present, John Synodinos present, Dave France present, Dave Smith present, Robert Martin Sr. present, Beth Rupert present. Officials: Mayor Robert E. Cochrun present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne present, Administrator Gary R. Folden present. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by Robert Martin Sr., second by Gene Pool to approve the minutes from the regular Council Meeting held March 7, 2002. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Persons Appearing Before Council Erin Saltsman and Thomas Hutter, from Indian Creek High School, were recognized for their work towards their Eagle Scout Badges. Thomas Chaytor, Jefferson County Emergency Management Agency, discussed training needs in Emergency and Hazardous Material handling for Police, Street and Fire Departments. He said that the training could be provided free unless there was overtime pay involved for municipalities. Mr. Chaytor also discussed that any agreements the Village has with our volunteer fire agencies should contain language mandating that they are in compliance with state and federal training requirements. Beth Rupert asked Mr. Chaytor if he had already discussed the training needs with Chief Laman and Rob Herrington (from the Wintersville Volunteer Fire Department)? Mr. Chaytor said that he had done so, and was making his rounds to all agencies and municipalities in the county. Nick Balakos, Director of Jefferson County Family Services, discussed the Appalachian Technology Grant that the Village had applied for. Gary Folden asked Mr. Balakos what would happen to any equipment acquired by the grant funds. Nick Balakos said that the equipment could be turned back in to the county or purchased at its depreciated value. Gary Folden asked Mr. Balakos about construction and building improvement costs that were allowed to be paid for by the grant. Nick Balakos said that any improvements made to the room(s) housing the area where the computers are going to be located would be legitimate expenses under the grant. He also said that installing air conditioning would be an allowable expense but any brick and mortar expenses would not be allowed. Nick Balakos handed out information to Council members dealing with the grant funds including copies of the State House Bill creating the funding. Dave France asked why Indian Creek School District was not involved with the Grant? Nick Balakos said that the deadline for applying for the grant funds was not over and that they may still apply for funding. Beth Rupert asked if repairs to doors would be covered by the grant. Nick Balakos said that it would probably be allowed under the grant provided the door was associated with the room that contained the computers. Beth Rupert asked if any estimates had been obtained concerning building improvements for the area that would be housing the computers. Robert Martin Sr. said that the area had only been looked at but no estimates from any contractors had been obtained. John Synodinos said that Indian Creek School would be willing to transport teachers to the Leonard Ave. Building at no cost to the village. Gene Pool said that if the Village is going to spend $15,000 he would rather see it spent on recreation, or a building to house our trucks. Robert Martin Sr. said that this grant is something that could help the less fortunate have access to computers. Dave France said he would like to see a needs assessment done before the Village spent any dollars obtaining this equipment. Beth Rupert said that there are schools close by that offer computer access and training and that the Village is not in the business of training. Robert Martin Sr. said that the schools shut down at 5:30 PM in the evening and that this grant would allow for computer access to area students and residents from 6:00 to 9:00 PM. and on Saturdays. John Synodinos stated that just because the Village spend money to match the grant funding for this grant doesn't mean that money cannot be spent on other Village needs. Nick Balakos said that another meeting concerning this grant was scheduled Monday at 2:30 PM. Rob Rowe, Minister of the Wintersville Christian Church, discussed the Villages request that his parish discontinue meeting at the Leonard Ave. uilding. He said that it was his understanding that his Church only needed to get permission from the Jefferson Behavioral System to use the building. Mr. Rowe asked Council if his Church could continue to meet at the Leonard Ave. building for two hours on Sunday for a little longer until they could locate a new meeting place. He reminded Council that most of his parishnors were senior citizens from Wintersville and that they had a good relationship with Jefferson Behavioral System who occupied the majority of the building during the week. Mayor Cochrun asked Council Members to allow the Church to continue to meet until June 1, 2002. Motion by Gene Pool, second by Beth Rupert to allow the Wintersville Christian Church to continue meeting for two hours on Sunday at the Leonard Avenue building until June 1, 2002. Vote: John Synodinos nay, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 5-1. Mr. Rowe asked if the Village Municipal building could be used after June 1 for their meeting place on Sundays? Solicitor Chris Becker said that he recommended that the Village not allow a religious organization meet at the municipal building. Ordinances and/or Resolutions Ordinance 2002-01: An Ordinance providing for burial of indigent persons was read for the 3rd time. Motion by Gene Pool, second by Robert Martin Sr. to approve Ordinance 2002-01. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Resolution 2002-04: A Resolution supporting the application by the Wintersville Senior Housing Limited Partnership for Tax Credits related to the construction of the Residence at Springbrook. Motion by John Synodinos, second by Dave France to approve resolution 2002-04. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Reports, Announcements and Communications Mayor Cochrun asked Council to renew the membership for the National Associations of Cities. Motion by John Synodinos, second by Robert Martin Sr. to renew the membership in the National Association of Cities. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Mayor Cochrun announced the resignation of Arlene McGowan from the Planning Commission. He said that he appointed John Polsinelli to replace Mrs. McGowan. Mayor Cochrun announced that the NAACP dinner will be held May 4, 2002. Mayor Cochrun asked Council members to approve funding for one of the buses that went to the rally for steel in Washington D.C. earlier this month in the amount of $1150. Chris Becker told Council that supporting this issue should be all right legally since the Village and the area's economy were at stake. Motion by John Synodinos, second by Dave France to pay $1150 to United Steel Workers Local 1190 to reimburse them for cost of one of the buses that went to the Steel Rally in Washington D.C. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Mayor Cochrun said that residents have been calling him almost every day thanking him for reducing the speed limit to 20 mph in the subdivisions. Committee Reports Motion by Dave France, second by John Synodinos to increase appropriations in the K-9 Drug Dog fund from $13,000 to $20,000 due to the increased amount received through the fund raising efforts. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Motion by Dave France, second by John Synodinos to increase the appropriations in the State Hwy Fund by $2500. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Robert Martin Sr. said that he had rescheduled the Ordinance Committee Meeting for March 28, 2002 at 4:00 PM. Administrator's Report Gary Folden asked Council's approval to bid for a one-ton truck for the street department. Motion by Gene Pool, second by John Synodinos to have the Administrator to go out for bid to purchase a one-ton dump truck for the Street Department. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Gary Folden asked Council's approval to go after a three-year contract for Village mowing services instead of only (1) one year in an effort to obtain a better deal for the Village. Motion by Gene Pool, second by Dave France to approve the Administrator to obtain a mowing contract for a three year period and for the Administrator to have the authority to accept the lowest and best bid. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Gary Folden told Council that the Tax Incentive Review Council would like two representatives form the Village to be appointed two their organization. Chris Becker said that he would prepare a resolution for these appointments and would be in touch with the Mayor to see who he would like to appoint to the Council. Gary Folden shared with Council the number of water accounts that were inactive during the past six months and also the dollar amount that was paid by Village residents for these vacant accounts. Gary Folden told Council that the state Auditors have told him that the Village's water and sewer unpaid accounts were excessive. He said that they are requiring the Village to develop policies on dealing with unpaid accounts. John Synodinos said that he would like to know if the Auditors were making the development of policies in this area mandatory. Gary Folden said that he had also been told by the State Auditors that the Village's fund balances should be higher in order to be able to handle emergencies or unexpected expenses. Council Members agreed that the Ordinance Committee would discuss the issue of developing policies for the water and sewer department regarding dealing with unpaid accounts. Gary Folden said that he had asked Police Chief Ed Laman to put together a "wish list" regarding his equipment and manpower needs. Mayor Cochrun announced that the new Drug Dog was now out on patrol with Jesse Kosegi. Gary Folden said that he has been working to switch over as much as possible the purchase of water from Steubenville to the County since the County's rate is currently .10 per thousand gallons cheaper. He reminded Council that the Village is being charged .56 per thousand gallons more by Steubenville again this year, on top of last year's large increase. John Synodinos suggested that the Administrator be given the authority to begin discussions again with Attorney Dennis O'Tool concerning the Village's water contract. Council Members agreed that the best course of action at this point would be to invite Mr. O'Tool to Wintersville to discuss the Village's options concerning the contract. Old Business John Synodinos distributed a motion concerning the waiving water fees for homes or apartments, which are vacated more that 30 days. After some brief discussion on the wording of the motion by Chris Becker and the other Council members three separate motions were agreed to be needed to be voted on. Motion by John Synodinos, second by Robert Martin Sr. to amend the Village's Ordinance on water rates so that any owner of a home or apartment may elect to have their water shut off and not be charged for water for the amount of time not in use provided that the meter be shut off for a minimum of 30 days. If the meter is turned on anytime during a billing cycle the owner shall be responsible for the entire billing cycle. Reconnection fees for owners having their water off for more than 30 days or for any other reason will be charged to $25 per occurrence. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Motion by John Synodinos, second by Dave Smith to amend the Village's Ordinance on sewer rates so that any owner of a home or apartment may elect to have their water shut off and not be charged for sewer for the amount of time not in use provided that the meter be shut off for a minimum of 30 days. If the meter is turned on anytime during a billing cycle the owner shall be responsible for the entire billing cycle. Reconnection fees for owners having their sewer off for more than 30 days or for any other reason will be charged to $25 per occurrence. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Motion by John Synodinos, second by Robert Martin Sr. to amend the Village's Ordinance on sanitation rates so that any owner of a home or apartment may elect to have their water shut off and not be charged for sanitation for the amount of time not in use provided that the sanitation is shut off for a minimum of 30 days. If the sanitation is turned on anytime during a billing cycle the owner shall be responsible for the entire billing cycle. Reconnection fees for owners having their water off for more than 30 days or for any other reason will be charged to $25 per occurrence. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Chris Becker distributed a legal opinion on John Synodinos's request concerning discussing executive session matters. He summarized his opinion by saying that there is no legal prohibition on someone divulging specific matters discussed in an executive session. He said that Council members do have a fiduciary responsibility to those in the executive session and should act accordingly. His advice to Council is that the discussion involved in executive session remain between Council Members and anyone else invited into such a session. New Business Motion by Gene Pool, second by Dave France to go into executive session to follow-up on a personnel matter that was discussed in executive session at the previous Council meeting. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Motion by Gene Pool, second by Dave France to return to regular session. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Mayor Cochrun asked Chief Laman to discuss a building security issue that occurred the previous week. Chief Laman described a situation that occurred the previous Wednesday evening into Thursday morning concerning a building door that was reported unlocked overnight. He said that an employee had also indicated that files in the Clerk's Office may have been gone through. He said that he reviewed a security tape and had not viewed any unauthorized entry. He said that he would continue to investigate the matter. Motion by Gene Pool, second by Beth Rupert to reinstate the practice of having a secretary during Council Meeting and paying overtime to that employee only beginning at 7:00 PM when the regular meeting starts. John Synodinos stated that he was not in favor of this practice since the clerk was in charge of taking minutes and the Village had a taping system to rely on as a back up to the Clerk's minutes. Vote: John Synodinos nay, Dave France yea, Dave Smith nay, Robert Martin Sr. nay, Beth Rupert yea, Gene Pool yea. Mayor Cochrun broke the tie by voting yea. Motion passed 4-3. Motion by Gene Pool, second by Dave France to pay the bills as funds become available. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Motion by Gene Pool, second by Robert Martin Sr. to adjourn. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Next regular scheduled meeting is Thursday, April 4, 2002 C. Michael Payne, Clerk Treasurer Robert E. Cochrun, Mayor