Regular Council Meeting Thursday, April 15, 2004 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price absent, Dave Smith present, Robert Martin Sr., Matt Parise present, Tomas 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 Mayor France made a statement thanking Council for the civility of the April 1, 2004 meeting. He also admitted that he had made a procedural mistake at the March 2004 meeting when he had Matt Parise and Robert Martin Sr. removed from the Council Meeting without approval of two thirds of Council and he apologized for his actions. Robert Martin Sr. and Matt Parise accepted the Mayor's apology. Mayor France then made a statement concerning Robert's Rules of Order concerning Council Members discussing each other instead of actual Village business. He said that such conduct would not be allowed and that he had the authority to stop such discussion especially when personal attacks were involved. Reading of Minutes Motion by Robert Martin Sr., second by Dave Smith to approve the minutes with the following corrections and additions. Thomas Bottorf requested that his vote on the Ordinance approving $1500 to be spent on Village employee supplies (Ordinance 2004-04) be corrected to reflect his nay vote. Matt Parise requested that the statements made by Robert Martin regarding resolution 2004-06 be added to the minutes. He said that Robert Martin Sr. had asked that Chris Becker look into two changes that needed to be made on the Fire Levy Resolution. 1) That the language saying that the Resolution be continuous be changes to a 5-year term. 2) That language saying that Council would be imposing the levy be changed to saying that the levy be paced on the ballot. Vote: John Synodinos yea, Dave smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Persons Appearing Before Council Attorney Bill Blake, representing Dunlope Shorac Funeral Home, said that his client was concerned about the safety for the people crossing the street on Fernwood between his family center and the Funeral home. He requested that the Village install some type of crosswalk for this area. He said that he had already spoken to Chris Becker concerning the legality of this request. Robert Martin asked if Mr. Blake was asking only for some type of crosswalk painted on the road along with warning signs. Bill Blake said that was all that he was asking for. Matt Parise asked if Mr. Blake was asking for stop signs at this area. Bill Blake said that he was not asking for stop signs. Matt Parise asked if the Police Department was aware of this request. Lou Vandeborne said that Chief Laman was aware of this request but did not know if the Chief approved of the idea. Matt Parise asked that Chief Laman let Council know his thoughts on this request. Dave France asked Chris Becker if installing this crosswalk created any extra liability for the Village. Chris Becker said that as long as the Village followed the uniform traffic control guidelines that no additional liability should be incurred by the Village. He suggested that Perry Pool check on what guidelines were required to put this crosswalk on the road. Dave Smith asked Mr. Blake if he wanted the Village to pay for this crosswalk. Mr. Blake said that was his expectation. Mayor France asked Council to make a motion to go into executive session to discuss pending litigation regarding Sam's Way. Motion by Robert Martin Sr., second by Dave Smith to go into executive session to discuss pending litigation regarding Sam's Way. Vote: John Synodinos yea, Dave smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by John Synodinos, second by Robert Marin Sr. to return to regular session. Vote: John Synodinos yea, Dave smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Kurt Vandeborne, representing Freshwater Homes, explained his reasons that he opposed the proposed sanitation ordinance. He said that one of the reasons discussed by Council previously on why Council wanted to encourage larger businesses to obtain a dumpster was that it would save on workers comp claims for Village employees. He said this same logic is why it was cheaper for the Village to have dumpsters at the apartment complexes instead of having to pick up individual bags. He also said that if the ordinance was passed that apartment owners would be the only businesses not charged dumpster rates. He then handed out to Council a comparison of dumpster rates from various companies that were comparatively lower than that charged by the Village. Thomas Bottorf said that not charging apartment residents of complexes with more than 6 units the $10.00 charged to smaller complexes and homeowners was not right. Kurt Vandeborne said that apartment complexes saves the Village money in a lot of ways. Thomas Bottorf said that this ordinance would not cost the apartment owners any additional costs. John Synodinos asked how much the Village had lost in the Sanitation fund and how much would it take to offset this loss by increasing homeowners rates. Mike Payne referred to an earlier handout he had distributed to Council showing that the Village had transferred about $20,000 per year from the general fund to the sanitation fund since January 2001. He said that rates would need to be increased at least $1.25 to all homeowners to have the sanitation fund break even. Dave Smith said that having all village residents paying the same amount was the most fair way to approach these rates. He said that homeowners pay more than their share of property taxes than renters do. Reading of Ordinances and/or Resolutions Ordinance 2004-05: An Ordinance to amend Chapter 955 of the revised code regarding Garbage and Rubbish disposal was read for the third time. Chris Becker said that he had made a few small changes to the language of the ordinance that would not require the Ordinance to have to have 3 additional reads. Motion by Thomas Bottorf, second by Dave Smith to accept Ordinance 2004-05. Discussion on motion. Matt Parise said he was still concerned about having 3 rate categories for non-dumpster businesses instead of just two categories. He asked Chris Becker what changes were specifically made in the Ordinance and whether they would require the Ordinance to start over with the first read. Chris Becker went over the changes and explained that these changes were immaterial and therefore would not required the Ordinance to be read 3 additional times. Robert Martin Sr. said he would like to see the language changed to require questions on the Ordinance to come before Council instead of the Administrator. Chris Becker said that Council could put in language to this effect but that the Village Administrator has a fiduciary responsibility that has been given to him to handle these types of things. Robert Martin Sr. said that he did not want to see Council give up the authority to change sanitation rates. John Synodinos said that all the Administrator would need to do is to follow the Ordinance. Matt Parise asked if businesses had been notified about the new rates. Thomas Bottorf said that no businesses had been notified but that only three businesses were really affected by the new Ordinance and the Administrator would notify these owners. Robert Martin Sr. said that the Administrator did have the authority in the new Ordinance to charge $5.00 for extra bags of trash. Vote on motion: John Synodinos nay, Dave Smith yea, Robert Martin Sr. nay, Matt Parise nay, Thomas Bottorf yea. Motion defeated 3-2. Resolution 2004-06: A Resolution to place a fire protection levy on the ballot was read for the 3rd time. Chris Becker said that he had language that needed to be changed on this Resolution including the term of the levy. He said this would materially change the Resolution, requiring Council to have 3 additional reads on the revised Resolution. Council decided to vote on the current version of the levy since it had been read 3 times. Motion by John Synodinos, second by Robert Martin Sr. to accept Resolution 2004-06. Vote: John Synodinos nay, Dave Smith nay, Robert Martin Sr. nay, Matt Parise nay, Thomas Bottorf nay. Motion defeated 5-0. Chris Becker said he would prepare the revised Fire Levy to be read at the next meeting and would contact Rob Herrington about the term change. Chris Becker said he would also have Ordinance 2004-07 concerning sale of two old cruisers for the next meeting. Reports, Announcements and Communications Mayor Dave France read the March 2004 Police Report. Matt Parise reported that the Annexation Committee was looking at two possible areas of annexation which included property on Two Ridge Road and Fernwood Road. Thomas Bottorf said the Water & Sewer Committee would be meeting at 7:30 PM April 20, 2004. Robert Martin Sr. said that the Recreation Committee was still trying to obtain some equipment for the Walnut Playground. He said that he would schedule a meeting at 6:00 PM prior to the next Council Meeting on May 6, 2004. Administrator Report Walt Ziemba said that some work needed done prior to the repaving of Frank P. Layman Blvd. This included replacing 5 Fire Hydrants as well as some sidewalks and curbs. He said the project should get underway in May. Walt Ziemba said that in regard to the possible annexation areas, Fernwood Road should not be much of a problem but the Two Ridge Road project may entail paying the Village engineer approximately $1500.00 above his monthly $100 retainer. Unfinished Business None New Business Motion by John Synodinos, second by Matt Parise to have Wintersville Council sponsor the Wintersville Community Days and to appoint Robert Martin Sr. to head the Committee and to select additional members as needed. Discussion on Motion: Mayor France said he thought it would be better to have someone other than a Council Person to head the Committee. John Synodinos said that Robert Martin Sr. had the experience of running the previous Community Days event and he was best suited to head the Committee. Matt Parise said that he would like to volunteer his services to work with Mr. Martin Sr. on the committee. Betty Stinard asked where the Community Days would be held. Robert Martin Sr. said that it would be held at the same place as last time (former Big Bear Lot). He said that he had already received approval from the owner, Derek Ferguson to hold the event there. Vote On Motion: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf nay. Motion passed 4-1. Matt Parise said that Sabina Drive residents told him that they did not receive notice about the recent meeting with ODOT held at Sabina Drive. Mayor France said he had asked Tammy Plante to contact them. Matt Parise asked to have M.S. Consultants come and address Council on their report. Walt Ziemba said that he would contact them regarding his request. Matt Parise said he spoke to Chief Laman about placing a stop sign at the top of Sam's Way. He also asked Lou Vandeborne to have Chief Laman contact him regarding this matter after the Chief had time to conduct a study in the area. Matt Parise said that he had spoken to the Solicitor regarding the responsibility of the contents of the minutes. He said that Chris Becker had told him that the minute's contents were solely the responsibility of the clerk. Chris Becker verified this and said that the Clerk would not be responsible for the content of the minutes if he had been absent from the meeting. Thomas Bottorf said that Council needs to consider eliminating the annual spring cleanup, since the sanitation fund was running in the red and this cleanup cost the Village $7000.00 annually. Chris Becker said that if the Village ever decided to contract out sanitation services it should bid Out those services. Mayor Dave France said that he has several requests for Donations from different organizations and suggested to Council that because of the budget constraints of the Village that all donation requests be denied. Several Council members said that they thought each request should be considered as the arise. Motion by John Synodinos, second by Thomas Bottorf to pay bills as funds become available. Vote: John Synodinos yea, Dave smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Thomas Bottorf, second by Matt Parise to approve the budget transfers prepared by the Clerk Treasurer and to approve the decrease in appropriations in the Sewer R & I Fund. Vote: John Synodinos yea, Dave smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. For the Good of the Village Betty Stinard discussed two signs on Luray Drive that were laying on the ground. Mayor France said he would contact the Fire Department and the other business that was responsible for these signs. Bob DiBenedetto, Planning Commission member, asked if the Sam's Way situation needed to have a deadline established to resolve the matter. Mayor France said the matter was being negotiated. Kurt Vandeborne commended those Council members who defeated the sanitation ordinance, and volunteered his time to help work on any future sanitation issues. Diane Denny said that she felt senior citizens should receive a discount on refuse collection. Matt Parise said that he had been appointed by Auditor Betty Montgomery to an advisory board that acted as a fiscal watchdog throughout the state. Betty Stinard said that she read that Matt Parise had come up with some ides on how to resolve the Sabina Drive controversy. Matt Parise said that he would be meeting with ODOT officials next week to discuss the Sabina Drive situation. Motion by Robert Martin Sr., second by John Synodinos to adjourn. Vote: John Synodinos yea, Dave smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Next Regular Council Meeting is scheduled for Thursday, May 6, 2004 at 7:00 PM. Mike Payne, Clerk/Treasurer Dave France, Mayor