Regular Council Meeting Thursday, April 4, 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 absent. Officials: Mayor Robert E. Cochrun present, Solicitor Christopher D. Becker absent, Clerk Treasurer Mike Payne present, Administrator Gary R. Folden present. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by John Synodinos, second by Dave France to approve the minutes, as amended, from the March 19, 2002 Council Meeting. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Persons Appearing Before Council Walter (Buzz) Pishkur, president of Consumers Ohio Water Company, who had made a presentation to Council at the All Committee Meeting, answered questions concerning his company. Gus Petretes, asked Mr. Pishkur what their profit margin was and if Consumers Ohio Water Company had their rates set by PUCO. Mr. Pishkur explained that he did not know the exact amount of their profit margin, but that his company was permitted to pay interest and dividends to shareholders by the PUCO. Gus Petretes asked if the Consumer Ohio Water Company would keep rates stable. Mr. Pishkur said that his company would be submitting a proposal to the village that would call for an immediate decrease in rates and then maintain those rates until 2005. Richard Hines, asked Mr. Pishkur what the rate structure of their water costs to residents would be. Mr. Pishkur said that he was just beginning to examine our current rates and could not offer any details at this time. Mayor Cochrun reminded everyone that before a proposal was accepted from Consumers Ohio Water Company that council would be required to hold three separate readings on the ordinance accepting the proposal. Matt Parise, S. Avalon Drive, asked Mr. Pishkur what the typical contract term would be to agree to run a Village's water and sewer system. Mr. Pishkur said that normally an agreement for 20 years was set up, but they had done agreements for as little as five years. Matt Parise asked Mr. Pishkur if he had reviewed the employee's health insurance package and compared it to the package by his company. Mr. Pishkur said that his company offered a fully paid health insurance benefit, but he had not reviewed the specifics of the Village's plan. Matt Parise congratulated Council Members for looking at alternative plans to lower water rates. Madge Martin, Terrace Dr., said that senior citizens were concerned with the minimum water bills they had to pay even though many of them did not even use 3000 gallons each month. Mr. Pishkur said that his company's water structures usually contained a $4 - $5 service charge and then charged for only water that is used by residents. John Synodinos asked Mr. Pishkur if there would be an option for Consumer's Ohio Water Company to purchase the Village's water system included in a 20 year lease agreement. Mr. Pishkur said that his company could put language for purchase options in the agreement or the two parties could always agree to amend the contract. Dave Smith said that he felt that Consumer's Ohio Water Company was taking a business risk in coming to Wintersville and that the Village couldn't lose with this agreement. Dave Smith asked Mr. Pishkur about sick and vacation packages for the employees. Mr. Pishkur said that he had not reviewed the Village employee's current vacation and sick policies but he assumed that their basic benefits would be similar to what they have now. Robert Martin Sr. asked Mr. Pishkur what would happen to Consumer's Ohio Water Company's investment in Winterville's water system if at the end of the lease the Village did not renew their agreement. Mr. Pishkur said that the agreement would spell out the details of this scenario. He said that routine maintenance would not be reimbursable but any long-term capital outlay would have to be repaid by the Village. Mr. Pishkur explained that landlords in the Village usually liked the fact that water bills were put in all tenants names and that his company would be responsible for collecting on all delinquent account. Jack Herceg, Village water employee, asked if he would be permitted to remain under the Public Employees Retirement System once he became an employee of Consumer's Ohio Water Company. Mr. Pishkur said that technically that could be arranged, but the cost of PERS would have to be passed along to the water costs for residents. Jack Herceg asked Mr. Pishkur how the Village's wages compared to his employees wages. Mr. Pishkur said that Winterville's employees wages were significantly lower then most of his current employees. He also pointed out that the pension plan offered by his company did not require an employee contribution like the 8 ½ % the employees now pay into PERS. Bruce Snider, Village employee, asked if Council would be discussing the proposal of Consumer's Ohio Water Company before anything is agreed to. Gene Pool, told the employees that once a proposal is presented to Council, the employees would be updated with the details. Mr. Pishkur reminded everyone that so far his company had only just started a dialogue with Wintersville. He said that from what he has observed Council Members were trying to be up front with employees and residents on the option of going with his company. He encouraged any employee who would like to talk with front line employees of his company to do so. Motion by Gene Pool, second by Robert Martin Sr. to have the Administrator enter into negotiations with Consumers Ohio Water Company and to supply then with information so that they could present a proposal to lease the Village's water and sewer operations. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Chief Ed Laman said that he would like Council to review the information he gave them on his Department and to consider allowing him to hire an additional Full Time Police Officer. Sgt. Jesse Kosegi appeared before Council with his new K-9 dog, Marco, a Hungarian sheepdog. He asked Council to consider paying approximately $1400 per year to cover the annual costs to maintain the K-9 dog. He also mentioned that this years veterinarian services had been donated by Dr. Brown. He said that the cost of a vest for the dog would be donated by the local Kennel Club. He also said that he would supply Council with a listing of those individuals and businesses that had contributed to the startup costs for having a K-9 drug dog. Robert Martin Sr. asked what all could the drug dog do. Jesse Kosegi said that the K-9 functioned as a dual-purpose dog. In addition to locating drugs the dog could help locate missing persons. Chief Laman explained that when Jesse and the K-9 dog were called out by surrounding municipalities he would have agreements in place to require those municipalities to reimburse Wintersville for Sgt. Kosegi's time and to pay the Village a percentage of any fines recovered. Gary Smith, Village property owner, complained to Council about the trash problem at the corner of 43 and Main Street. Chief Laman said that this trash was blowing across the street from Blockbusters and Krogers. He said that when the weather breaks he would have people who were scheduled to perform community service clean this area up. Tom Froin, owner of L & M Electronics, also complained about this trash situation. He said that it was embarrassing for his business as well as to the Village. He said that previously he would go out and pick this trash up 3 days a week but he was tired of doing so. Robert Martin Sr. asked if the Village could fine Krogers for this problem. John Synodinos said that we need to ask our solicitor what the Village could do legally about this problem. Mayor Cochrun said he would have the solicitor review what the Village could do against the storeowners to stop the problem. Gary Smith also complained to Council about the drainage problem that was causing damage to property that he owned near the Drive-In Theatre to become like a swamp. He said that the property he owned near L & M Satellite also needs to have culverts installed so that he could proceed with his plans. Gary Folden said that these issues are on the Street Department's schedule. Gary Smith said that he would be covering his property near the Drive-In with topsoil in 15 days and that the Village needed to address the problem by that time. John Synodinos said that maybe the Village could adjust its schedule to get after this problem sooner or maybe hire an outside contractor to perform the work. Gary Folden said that he would be glad to obtain an estimate for an outside contractor to perform this work, but Council had previously requested him to reduce the use of outside contractors. He also said that some of the high priority items right now for the Street department involved residence whose basements were being flooded. Motion by John Synodinos, second by Dave France to obtain estimates from outside contractors to reroute the water problem from Mr. Smith's property near Luray Drive. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Reading or Ordinance and/or Resolutions Resolution 2002-05 A: Resolution supporting the application by Wintersville Senior Limited Partnership for low Income Housing Credits was read. Motion by John Synodinos, second by Dave France to accept Resolution 2002-05. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Reports, Announcements and Communications Mayor Cochrun read the Magistrate's Report for the Month of March 2002. Mayor Cochrun read the Police report of the Month of March 2002. Council Members held a brief discussion on whether to change the Ordinance on fining businesses for Police alarms going off more than three times for false alarms. It was decided to have the Ordinance Committee review this Ordinance. Mayor Cochrun read the Building Inspector's Report for the Month of March 2002. Mayor Cochrun read an invitation by Lloyd Christian, presidents of the NAACP, inviting Council to the annual NAACP Dinner. Mayor Cochrun read a letter he had drafted indicating the Village's support for a grant application applied for by the Jefferson County Anti-Drug Abuse Coalition. He asked Council to consider making a contribution toward the match that the grant required. Council agreed to discuss this issue further and make a decision at the next Council Meeting. Gary Folden read a letter from AT&T Broadband that explained why a small reduction in franchise fees would be taking place. Mayor Cochrun asked Council to renew the Village membership with the Jefferson County Chamber of Commerce. Motion by John Synodinos, second by Robert Martin Sr. to renew the Chamber Membership for 2002. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Mayor Cochrun said that he was appointing Dave France and former Councilperson Joe DeArdo Sr. to fill the vacancies on the Jefferson County Tax Incentive Review Council. Committee Reports Dave France announced that a Finance Committee Meeting would be held Thursday April 11, 2002 at 6:00 PM. Motion by Dave France, second by Gene Pool to approve budget transfers within various fund line items for February, March and April. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Dave France reviewed items discussed at the March 19, 2002 Finance Committee Meeting. Robert Martin discussed the changes that were proposed for the draft of the "Rules of Council". Council Members agreed to have the Solicitor review the revised draft of these rules before adopting them. Administrator's Report None. Old Business Mike Payne announced that the State Auditors would be conducting an exit conference regarding the completed 2001 Financial Audit, Wednesday, April 10 at 3:00 PM. Dave France suggested that Councilpersons should try not to schedule Committee meeting prior to 5:30 PM. John Synodinos said that he did not care what times Committee meeting were held, as long as every attempt was made to accommodate committee person's schedules so all members could attend. Robert Martin Sr. said that with some people working different shifts that scheduling meeting after 5:30 PM would not always work. Dave Smith said that he had noticed some speed limit signs near the school that needed to be straightened. He also said that he had noticed that the property located in front of Burger King looked like a dangerous and unsightly situation with all of the logs piled up. Mike Payne reminded Council of the new law that allowed the Clerk/Treasurer position to be appointed instead of elected. He said that currently a person with little or no accounting or business background could be elected whereas if Council and the Mayor interviewed and appointed the individual they might select a more viable candidate. Council members could also vote to remove an appointed clerk/treasurer if they desired under the new law. He said that Council would need to pass an Ordinance to set the position up as an appointed position. Any Clerk Treasurer that has already been elected must be allowed to complete their term before the new Ordinance became effective. John Synodinos said that he thought that new lines needed to be painted for motorists turning onto Route 22 from Route 43 near the Krogers entrance. Gary Folden said that this would be done as soon as the weather warmed up. John Synodinos asked the Administrator if he had been in touch with the Attorney who specialized in water issues. Gary Folden said that he had called him a couple of times but was unable to touch base with him last week. Matt Parise asked why the organizations using the Leonard Ave. property were not being charged rent. Council told Mr. Parise that the organizations currently using the building would be vacating the premise by June 30, 2002. John Parrish, owner of Parrish Enterprises, asked Council for clarification on how to cost out the grass-cutting bid for the Village. He was unsure whether all areas noted in the bid packet were to be cut each time that all the other areas were cut. After a discussion on the grass cutting bid by Council and Mr. Parrish, Council decided to have the Administrator cancel the current bid package and to re-bid it with pricing requested based on a three-tiered proposal. Motion by Robert Martin Sr., second by Dave Smith to cancel the current bid specifications for grass cutting and to re-bid it using a three tiered request. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Motion by John Synodinos, second by Robert Martin Sr. to pay bills as funds become available. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Gus Petretes, owner of Lancelots, said that his water bills over the last 12 months were over $8000 higher that the previous 12 months. He said that something should be done to keep the price of water in the Village down because businesses could not afford to keep paying these prices. Motion by Dave Smith, second by Robert Martin Sr. to adjourn. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Next regularly scheduled meeting is Thursday. April 18, 2002 at 7:00 PM. C. Michael Payne Robert E. Cochrun Clerk Treasurer Mayor