Regular Council Meeting Thursday, April 3, 2008 Mayor Bob Gale called the meeting to order. Roll Call: Robert Cochrun present, Jason Mattern present, Robert Martin Sr. present, Phyllis Foreman present, Thomas Bottorf present, Bob Merriman present. Officials: Mayor Bob Gale 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 Robert Martin, second by Robert Cochrun to approve the minutes from the Regular Council Meeting held March 20, 2008. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea. Motion passed 6-0. Person Appearing Before Council Tom Straka, Thunder in the Valley Chairperson, requested that Council consider contributing $4000 this year for the Thunder in the Valley event. He told Council that the Thunder in the Valley had scheduled to bring the Vietnam Memorial Traveling Wall July 10th thru July 14th as part of the event. The Wall would be put on display in Cross Creek Township and would be escorted in by a large contingent of motorcycles. He said that the wall would need to be guarded by two people around the clock while it was in the area. They hoped to have Charlie Wilson and Governor Strickland at the event this year. Tom Straka said that he felt that all the local businesses would benefit during this years event with the inclusion of the Wall being on display. Jason Mattern said that he supported increasing Village support to the $4000 amount that Tom Straka was asking for. Thomas Bottorf also expressed his support for the Village to contribute $4000 to this year's event. Robert Martin said that he would schedule a recreation meeting to discuss the amount of donation that the Recreation Committee would be recommending to Council for the event. Robert Laukert, Village Representative to BHJ, updated Council on the most recent BHJ Meeting. Mayor Bob Gale thanked Mr. Laukert for his efforts in representing the Village at the BHJ meetings. David Antonelli, 189 Stardust Drive, discussed the water run off problems he was having at his property in the Village. He distributed pictures showing how extreme the water problems were on his property, even after a light rain. He said that he had installed a draining system at a cost of approximately $10,000 - $15,000 but was still having the problem and was asking for Council's help. Mayor Bob Gale said that he would meet with Perry Pool and the Administrator on this situation and report back to Council and Mr. Antonelli at the Council Meeting. Mayor Bob Gale presented Michael Furda, owner of Gameday Physical Therapy in Wintersville, with the 2007 Citizen of the Year award. The Mayor made the following comments when introducing Michael Furda. Michael Furda resides in the Village with his wife June and three children. He was a 1982 graduate from Wintersville High School and a graduate from Slippery Rock College and completed his education in physical therapy at The Ohio State University. Mike Furda has always been committed to the Village of Wintersville. In July of 2007, Mr. Furda opened his physical therapy business, Gameday Physical Therapy, 263 Main Street Wintersville. Mike is very active with Indian Creek Athletics. Mike currently serves as an Assistant Varsity Boys Basketball Coach under Head Coach Joe Dunlevy. For the past two years, Mike has been a volunteer Assistant for the Indian Creek Football team under Head Coach Connor. Mike was a past board member of the Kiwanis Soccer league and helped Coach or other wise assisted with all of his children's participation in local athletics. Whether it was soccer, basketball, football or volleyball, Mike was there for his children and many other children of our community as well. Mayor Bob Gale then presented Council Person Bob Cochrun with the initial Frank P. Layman Lifetime Achievement Award and offered the following comments concerning the award and Bob Cochrun's achievements. From today forward this inaugural award will be given by the Mayor yearly, and I felt it was fitting to name the award after a former Wintersville Mayor that gave so much to the Village throughout his lifetime. Please welcome our former first lady of Wintersville Mary Layman to assist me in tonight's presentation. The recipient of tonight's award has proven to me that his tireless work and effort given to this Village over the past 35 years makes him the most deserving for this inaugural award. Tonight's recipient served as Councilmen during the years with the Mayor for which this award has been named. The recipient graduated from Wintersville High School and went on to attend Arizona State University. Upon completion of his college career he went on to serve his Country in the Army's Special Forces Unit. Our recipient returned home from his military service and was married to his first wife Loretta. A few years later he married his second wife and most unbelievable and outstanding wife that coincidently was also named Loretta. Our recipient is a proud father of seven and a proud grandfather of many grandchildren. Our recipient has been active and involved in many community and civic organizations over the past 40 years. His accomplishments are too numerous to mention them all tonight. I will share a few of his many achievements. Our recipient was first elected to Council in 1974 and spent 22 years as Councilmen before being elected as Mayor in 1996 for which he served the Village as Mayor for 8 years. Our recipient took a couple years off of public service but was driven once again to run for Council for which he has been seated since 2004. Please join me in congratulating and honoring Robert E. Cochrun as our inaugural 2008 Frank P. Layman Lifetime Achievement Award recipient and recognizing his beautiful wife of 28 years, Loretta Cochrun. Motion by Robert Martin, second by Phyllis Foreman to take a 15 minute recess to enjoy a small reception with refreshments and to acknowledge the award recipients. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea. Motion passed 6-0. Reading of Ordinances and/or Resolutions Ordinance 2008-06: An Ordinance regarding parking on Garden Drive was read for the third time. Motion by Thomas Bottorf, second by Bob Merriman to approve Ordinance 2008-06. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea. Motion passed 6-0. Ordinance 2008-07: An Ordinance increasing Mayor's Court Costs was read for the third time. Motion by Thomas Bottorf, second by Bob Merriman to approve Ordinance 2008-07. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea. Motion passed 6-0. Ordinance 2008-09: An Ordinance adding Permanent Part time employees as those who will be paid for Village holidays was read for the first time. Reports, Announcements and Communications Mayor Bob Gale read the March 2008 Magistrate, Police, and Code enforcement reports. Administrator's Report Walt Ziemba said that he had included the bids for awarding the grass cutting services to the Village in Council's packet and that he was recommending that Council approve the bid of Parrish Enterprises as the lowest and best bid for the three year contract. Motion by Robert Martin, second by Phyllis Foreman to accept the recommendation of the Administrator and to award the grass cutting contract to Parrish Enterprises for the 2008-2010 grass cutting seasons. Discussion on the motion: Michelle Paulman, representing Bradley Landscaping, asked Council why the bid of Bradley Landscaping, which was the lowest bid, was not chosen. Chris Becker explained that the Village had the ability to accept the lowest and best bid for the services, which meant that it was not necessarily the bid that had the lowest cost. Mayor Bob Gale said that after reviewing the 11 specifications it was determined that Parrish Enterprises had the lowest and best bid. Thomas Bottorf said that he had a hard time accepting the fact that a company that had previously performed successfully the grass cutting services and had the lowest bid was not the firm being selected. Vote on the Motion: Robert Cochrun abstained, Jason Mattern nay, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf nay, Bob Merriman yea. Motion passed 4-2, based on the fact that the abstention vote is counted in with the majority of the votes cast. Chris Becker said that he would have an Ordinance prepared at the next meeting regarding the illicit discharge that would address a comment from the OPEA during the Consortium Group's audit last December. Walt Ziemba reported to Council that the Village's radio system was in need of replacement and that he had included a proposal from Staley Radio in the amount of $88,740.77 to replace the system. He said that this could be discussed at a future Finance Committee Meeting. Walt Ziemba said that he would write a letter supporting the new Jobs Ohio Proposal that he briefly discussed with Council and had included information in their packets. Walt Ziemba updated Council on the OPEA Audit MS4 Program and the Traffic Signal Project. Old Business Walt Ziemba reported to Council that he had obtained an estimate of $6000 to replace the front doors to the Village Municipal Building. Robert Martin asked that the Administrator obtain more details on what all would be involved at that cost. Walt Ziemba reported that the potholes on Church Street had been repaired and that the guardrails on that street as well as Locust Street were scheduled to be replaced. Motion by Bob Merriman. second by Robert Cochrun to issue a settlement payment to Iron City Industrial in the amount of $13,137.50 regarding the Village's contractual obligation in that matter. Discussion on the matter: Chris Becker said that he had reviewed the current contract that Village had entered with the new firm and that there were similar penalties if the Village would break that contract. He also said that Iron City Industrial was not willing to take the Village back as a customer as a way out of the lawsuit. Vote on the Motion: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea. Motion passed 6-0. Robert Cochrun said that the County Commissioners had approved the annexation on Fernwood Road that he had been working on. New Business Bob Merriman reported that he had obtained a quote from Brush Brothers to paint 16 doors and the Hallway area for the Village at a cost of $550 for one coat and $850 for two costs for painting those areas. Motion by Robert Martin, second by Jason Mattern to hire Brush Brothers to accept the two coats of paint quote for the areas on the first floor of the Municipal Building. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea. Motion passed 6-0. Line Item Transfers, Increase in Appropriations and Fund Transfers Motion by Robert Martin, second by Jason Mattern to approve the line item transfers and the increase in the following appropriations Ohio Public Works Fund number 2066 in the amount of $5000 CDBG Fund number 2067 in the amount of $4000 And the following transfer of Funds $5000 from the General Fund to the Police Levy Fund (2902) Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea. Motion passed 6-0. Payment of Bills Motion by Robert Martin, second by Robert Cochrun to pay bills approved by Council as funds become available. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea. Motion passed 6-0. For the Good of the Village Mr. Parrish thanked Council for their supporting Parish Enterprises and awarding the 3 year grass cutting contract. Bob Kalbaugh, told Council that he would like to publicly thank Debbie Carney, from the water office, for taking the time to contact him regarding the spike in his water bill. He said that after her call he realized that he had a leak that needed repaired. Michelle Paulman, Representing Bradley Landscaping, said that she wanted Council members to know that she had tried to contact Mr. Pool several times in order to view the grass cutting areas and that he had not returned her calls. She said that after several efforts to contact him and the Administrator she finally was able to meet with Mr. Pool. Motion by Robert Martin, second by Robert Cochrun to adjourn. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea. Motion passed 6-0. Next regularly scheduled meeting is April 17, 2008 at 7:00 PM. Mike Payne, Clerk Treasurer Bob Gale, Mayor