Regular Council Meeting Thursday, April 5, 2007 Mayor Dave France called the meeting to order. Roll Call: Robert Cochrun absent, 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 absent, Clerk Treasurer Mike Payne present, Administrator Walt Ziemba present. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by Thomas Bottorf, second by Robert Martin Sr. to approve the minutes from the Special Meeting held on March 8, 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. Motion by Bob Gale , second by Robert Martin Sr. to approve the minutes from the Regular Council Meeting held on March 15, 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 Mayor Dave France presented the members of the Girl's 8th Grade Indian Creek Basketball Team along with their head coach John Nese with a proclamation from the Village in recognition of their undefeated season this winter. Mayor Dave France presented a plaque to John and Kim Neidengard as Wintersville's 2006 "Citizen of the Year" for their dedication to the community through fund-raising events and donations to the Village. Council Members all congratulated the Neidengard's for all they have done for the community. James Luparello, 165 Rex Avenue, asked Council if the Village could pay for the damage to grass on his property caused by salt spread from Village trucks. Council Members explained to Mr. Luparello, that although they sympathized with his situation the Village's priority was to take care of the roads and could not set precedence and begin reimbursing all residents for damage caused by the salt spread onto personal property. Reading of Ordinances and/or Resolutions Ordinance 2007-04: An Ordinance amending the water rate Ordinance was read for the second time. Motion by Bob Gale, second by Matt Parise to suspend the rules for the third reading of Ordinance 2007-04. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2007-04: An Ordinance amending the water rate Ordinance was read for the third time. Motion by Bob Gale, second by Robert Cochrun to approve Ordinance 2007-04. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2007-05: An Ordinance amending the sewer rate Ordinance was read for the second time. Motion by Bob Gale, second by Matt Parise to suspend the rules for the third reading of Ordinance 2007-05. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2007-05: An Ordinance amending the sewer rate Ordinance was read for the third time. Motion by Robert Cochrun, second by Robert Martin Sr. to approve Ordinance 2007-05. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2007-06: An Ordinance Repealing the single tap Ordinance was read for the first time. Motion by Bob Gale, second by Matt Parise to suspend the rules for the second and third readings of Ordinance 2007-06. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2007-06: An Ordinance Repealing the single tap Ordinance was read for the second and third time. Motion by Bob Gale, second by Robert Cochrun to approve Ordinance 2007-06. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Reports, Announcements and Communications Mayor Dave France said that the Village would be charging residents a $140.00 charge to replace water meters. Matt Parise asked the Administrator to check with the Solicitor if this required an Ordinance or an amendment to a current Ordinance. Mayor Dave France said that Dr. Ready had passed along to him that his group had closed the deal on acquiring property near the old elementary school for the location of their acute care hospital. Mayor Dave France said that he and the Administrator had attended a legislative luncheon in Columbus and discussed the issues of jobs and infrastructure in the area. Mayor Dave France said that he also attended an economic conference at Salt Fork. Mayor Dave France read the March Magistrate, Police, and Code Enforcement Officer's reports Mayor Dave France said that the Village offices would be closed for the Holiday on Friday April 6, 2007. Administrator's Report Walt Ziemba gave Council an update on the Meadow Road/Garden Drive project. Walt Ziemba asked Council for permission to advertise for the second Phase of the Sunset Garden Project. Motion by Robert Cochrun, second by Robert Martin Sr. to allow the Administrator to advertise for bids on the second phase of the Meadow Road/Garden Drive project. 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 told Council members that once the bids for the project came in for the second phase of the project he would be better able to estimate the amount of assessment needed for the residents. Matt Parise asked the Administrator to continue working on this assessment process with the Solicitor. Walt Ziemba told Council that the Village had received a letter from the Joint Vocational School for endorsement of their levy renewal. Motion by Robert Martin Sr., second by Robert Cochrun to endorse the Joint Vocational School levy. 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 said he would forward a letter to the JVS that would be signed by all Council Members indicating Council's endorsement. Walt Ziemba told Council that they had a letter in his report from Island Creek Township indicating that they would oppose any annexation of property out of their Township. Walt Ziemba and Jason Mattern reviewed with Council the recent OSHA walk through that took place at the Village Street Garage. The OSHA Representative had no critical items regarding health or safety issues but did list several housekeeping items that needed to be addresses. Jason Mattern said the OSHA Representative would be returning to do a walk through of the Water Treatment Plant. Walt Ziemba said that he had put the old water truck up for bid for a minimum of $500 and received a bid of $575 for the vehicle. Walt Ziemba distributed to Council some minor adjustments to the two Issue 2 projects that would allow the Village a much better chance of receiving the funding. These adjustments included adding Village match dollars to the projects. Motion by Thomas Bottorf, second by Robert Cochrun to authorize the Administrator to submit the (2) Issue Two projects to the state, for manhole covers and lift Station repairs as amended, for grant funding. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Mayor Dave France told Council that the Village was fortunate to have someone lilke Walt as the Village Administrator because he was well known by the individual who distribute Issue 2 funds. Walt Ziemba said that he applied to the County for funds to help purchase recreational and playground items. Unfinished Business Robert Martin Sr. said that he would be having a recreation committee meeting on April 14, 2007 at 11:00 AM at the new Meridian Green Complex to discuss the swimming pool project. Robert Cochrun said that the County Commissioners would be acting on the Annexation of the Daycare Center at their regular Meeting on April 12, 2007. New Business Robert Martin Sr. said that Mrs. Sustick had complained to him about the water runoff problem on her property caused by the nursing home next to heir property. Walt Ziemba said that the catch basin at the nursing home was improperly designed an they were moving forward to correct this situation. Bob Gale distributed pictures from the Sustick property that showed the mud and debris that keeps getting washed up on their property by this runoff problem. Robert Cochrun discussed the concern of potential water runoff problems in Sunset Gardens. Motion by Bob Gale, second by Robert Martin Sr. to pay all Village Seasonal employees $6.85 per hour. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Matt Parise said that the Thunder in the Valley needed to supply the Village with actual invoices to receive Village support for the event. He said that it was his opinion that the invoices should be expenses for the actual event and not expenses related to fund raising for the event. Bob Gale said that a Board of Review needed to be established for the Village Wage Tax and that members of this Board should be the proper channel to bring forth changes for the Wage Tax Ordinance. He asked that Administrator advertise for one resident and one business owner from the Village to sit on this Board. Matt Parise said that he recently attended the OML Local Government Conference in Columbus. He told Council that there was a binder summarizing some of the session's content, that was available for anyone who would like to review it. Matt Parise asked the Village Administrator to see if anything could be done about the rough section at the entrance to Meadow Road. Matt Parise said that the sign at the Memorial park was a sight hazard during certain weather conditions. Walt Ziemba said he would follow-up on this to see if the alley could be changed to one way. Jason Mattern said that he also had been contacted by residents concerning the rough patch at the entrance of Meadow Road and asked if Yeager could inspect this area to make sure that it was not a problem. Jason Mattern asked if their could be some signage put up, to help direct trucks to the Wal-Mart Distribution Center. Robert Cochrun asked Chief Laman to follow up on getting the person who damaged one of the Sunset Garden pillars to pay for the replacement. Motion by Robert Martin, second by Matt Parise to spend up to $250.00 for refreshments at the April 14, 2007 Recreation Meeting. Discussion on the Motion: Jason Mattern said that he would like to discuss information about the pool project as it became available. He said that he had reservations about spending money on refreshments at a meeting that would be discussing something that would be voted on. Thomas Bottorf said that he too had reservations about spending $250.00 for refreshments for a meeting that the Village did not know how many people might be attending and that was not included in the budget. Robert Martin Sr. said that their was a captive audience of 100 Senior Citizens for the meeting since it would be held at Meridian Green Complex. He said that this was simple Village function and that it was out of line to insinuate anything else about this expenditure. Vote: Robert Cochrun yea, Jason Mattern nay, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf nay. Motion passed 4-2. Transfers Motion by Matt Parise, second by Bob Gale to approve the advance and repayment to the Water and I Fund. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Payment of Bills Motion by Robert Martin Sr., second by Bob Gale to pay bills approved by Council including the payment of the Street Engineering Bill and the Precision Treet Service bills not included on the check list, 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. Ed Laman, Police Chief, responded to a question regarding a laptop computer for his Department saying that it was purchased from Budgeted Leed's Funds. Matt Parise asked that bills that were presented to Council have the Administrator or Perry Pool's approval on them. Mike Payne said that we would try to improve on the procedure by setting up a tray in the Clerk's Office that would contain bills that needed the Administrator's approval. For the Good of the Village Bob Laukert asked if Council had resolved the Meridian Green water tap issue. Council Members told him that the Ordinances passed this evening resolved this issue. Bob Laukert asked Council if they could consider inserting metal slatting in the fence around the playground near Locust Avenue to black out the eyesore from the Rice Property. He also said that the latch on the gate of the fence in that area needed repaired. Bob Laukert told Council that it had been a year and one half since that he had asked to have the Wage Tax Ordinance revised to follow the state suggested changes. He said that the Board of Review for the wage tax Ordinance needed to have their duties laid out and that the revisions needed to be adopted. Matt Parise said that the job of the Board of Review would be to review any necessary changes to the wage tax Ordinance. He said the Solicitor should review this situation and give an opinion on what he felt the duties of this Board would be. Motion by Robert Martin Sr., second by Thomas Bottorf 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 Scheduled meeting is April 19, 2007 at 7:00 PM. Disclaimer: These are a draft of the minutes and not deemed official until approved by Council. Mike Payne, Clerk Treasurer Dave France, Mayor