Regular Council Meeting Thursday, April 17, 2003 Meeting called to order by Mayor Robert E. Cochrun. Roll Call: John Synodinos present, Dave France present, Thomas Bottorf present, Robert Martin Sr. present, Beth Rupert absent, Dave Smith 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 John Synodinos, second by Robert Martin Sr. to approve the minutes of Saturday workshop meeting of April 12, 2003. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Motion by John Synodinos, second by Dave France to approve the minutes from the Regular Scheduled meeting of April 3, 2003. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Persons Appearing before Council Edward Pethel, 330 Canton Road, addressed Council concerning a room addition for his residence. Mr. Pethel said he was denied the ability to obtain a building permit. Mayor Cochrun said Mr. Pethel needed to bring his request to the Planning Commission who would probably grant him a variance to build his room addition. Ed Cusik, Tera Manor, wanted to know why the water line project had not been completed on his street. He said that driveways, sidewalks and curbs had not been repaired landscaping had not been done, and he was told by the contractor that they might have to subcontract out the cement work. Mayor Cochrun said that the work would be taken care of. Ed Cusik said that he did not see how the water department could have the spare time to finish the landscaping that needed to be done for all the residents. He suggested that the Village determine the cost of the cement work and landscaping that needed to be done and give the residents the money to hire out the contractor of their choice. Robert Martin Sr. suggested that the Administrator determine the cost to do the landscaping and consider Mr. Cusik’s proposal. Mr. Cusik encouraged Council members to walk the street of Tera Manor to see how bad the situation was. Dave France suggested that the Administrator get with the residents and work something out with them. John Synodinos suggested that the Village determine the cost per square yard to perform the cement work and allot that amount to each resident based on the repairs each needed. Kim Wood, representing the combined Thunder in the Ville and Community days Celebration asked Council for $12,00 in support for this year’s event. John Synodinos said he was against allocating this amount to the Fireworks Celebration. He said the Village is going to have to live within its means and could not afford to give this amount. Dave France said that $10,000 was set-aside for the Community Days last year and it would be fair to set aside the same amount this year. He said that the money would be set aside and only used if it was necessary. He also said that event committee members were currently working on plans to collect other monies for the event. Robert Martin said that he and Councilman John Synodinos collected about $16,000 before they came to the Village to ask for financial support. He said that the event this year is something that will be held outside the Village and might open up the door for other outside organizations to ask the Village for money. Motion by Dave France, second by Thomas Bottorf to pay bills up to $10,000 for the combined event this year. Vote: John Synodinos nay, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. nay, Dave Smith yea. Motion passed 3-2. John Synodinos said this contribution to the event should be considered a loan. He did not want to see the Village blow $10,000 on this event. Robert Martin Sr. said that some of the costs of the community day’s event from last year were for Village employee. Dave France said that there was also a lot of in kind services performed last year by Village employees. Pat Davis, 167 Meadow Road, asked Robert Martin Sr. if he had really only spent $300 on entertainment at last year’s event. Robert Martin Sr. said that $300 was the amount paid to the key entertainment group. Pat Davis asked Mr. Martin what ever happened to the $4000 refund for the attractions from last year’s event. Mr. Martin said that Mr. Davis must have been misinformed about this refund. Matt Parise asked the Clerk Treasurer to explain how the sewer fund had grown to its current level of over $350,000. Mike Payne explained that the majority of this amount had been from a refund from OWDA. He explained that this project had not needed to use all the funds that the Village had estimated and had been making payments on. Mike Payne explained that after he had the Mayor sign off on the project that it was completed, OWDA basically refunded the Village approximately $220,000 and also reduced future payments for the remaining eight years of the loan. Mike Payne explained that the remaining balance in the sewer fund was the result of the fund collecting more in fees from water and sewer customers that expenses incurred in 2001 and 2002. He said that the Village had adjusted for sewer fees by lowering them in 2003 to be more in line with expenses expected this year. Matt Parise asked Council members if they would be returning this money to the residents if the Village turned the operations over to the County? John Synodinos said that he would give the money back to the residents. Dave France said he would deter his answer to the Village Administrator who could address the issue. Gary Folden explained that the surplus in the sewer fund would be needed to cover future EPA related issues. 1) $300,000-$400,000 would be needed to complete an I & I study. An EPA report has been issued stating this need to be done. 2) In 2004 when the new disinfectant by product rule comes into affect (This involves the separation of chlorine from the water), there would be a good chance that the Village would need a re-treatment plant built at a cost of approximately 5 million dollars. 3) A new one-day water supply rule would require the Village to build a new water tank (at a cost of $600,000-$1,000,000) since currently the Village only has the capacity to contain a ½ day supply. He said that this improvement would also require the Village to purchase new pumps, which were expensive. Gary Folden said that in 2002 the Village had to certify to the EPA that it had funds in reserve to fund the I & I study. He also explained various dates and steps involved with current and future EPA guidelines. Matt Parise asked why the Village officials were planning to make improvements if they were about to turn the system over to the County. Mayor Cochrun said that Council was only in the negotiating stage with the County and it was possible that the County would not enter into an agreement with Wintersville. Dave Smith said that since the Village did not currently have an agreement for the County to take over the system, it would be irresponsible for the Village to ignore the upcoming EPA requirements. Chris Becker questioned how Matt Parise had obtained the draft of the water agreement between the County and Wintersville since it was not yet a public document per revised code concerning on going negotiations. He said that just because a copy of the draft of an agreement was in the Village administrator’s office did not make it a public record. John Synodinos said that he had recently asked the Administrator if there were any current EPA mandates requiring action by the Village and the Administrator had told him there were none. Gary Folden said that there were no current mandates, but the items that he had previously discussed still needed to be addressed by the Village. John Synodinos said that EPA told him that the Village was currently in compliance with everything. Gary Folden said that he thought that Mr. Synodinos understood that the things that the Village had to deal with concerning the EPA that were coming in the very near future. John Synodinos said that before he voted on having the County take over the Villages water system he would like to see something in writing from the EPA on what was required by the Village. Matt Parise said that the Village should give back to the residents any surplus in the sewer fund in the form of rebates and not use this surplus for any other purpose. Robert Martin Sr. said that the County needed to agree to any upgrades or repairs needed in the agreement between the two entities. Reading of Ordinances and/or Resolutions None Reports, Announcements and Communications Mayor Cochrun accepted an American Flag that was presented by Peggy Duncan to the Village. Mayor Cochrun said that representative Ted Strickland would be sending someone from his office to the Municipal Building on Wednesday April 23, 2003 from 10:00 Am to 2:00 PM to listen to residents concerns. Mayor Cochrun announced the schedule for clean up days in June. Mayor Cochrun said that a Military tribute board had been setup in the entranceway of the Municipal building. Mayor Cochrun said that Village offices would be closed April 18th for Good Friday. Administrator’s Report None. Old Business John Synodinos asked the Administrator if he had updated R.I.T.A. with information concerning residents who were located in the Village. Gary Folden said that this had been done. John Synodinos asked the Solicitor if he had prepared an Ordinance regarding a Hotel-Motel bed tax. Chris Becker said the had gathered a few samples of this type of Ordinance and was waiting for Council’s direction on the type of revenue that was to be generated and the parameters to be used. Chris Becker suggested that the Ordinance be drafted using an average rate charged by other entities and for places of businesses containing 5 or more beds so not to penalize the one existing bed and breakfast business which has 3 beds. Mayor Cochrun asked why the solicitor and Council why they wanted this tax, when no Motels or Hotels existed. Chris Becker said that by putting in an Ordinance now, Council would not have to deal with any grandfather clause. He said that this was also a way to tax visitors to the area and not residents. Dave France asked what could be done about the situation on Sam’s Way, concerning the contractor not installing the road. Mayor Cochrun said that the road needed to be put in by the Contractor before any more houses are built. He said the Planning Commission had turned down a request from the Contractor recently to allow him to obtain a variance to reduce the road with from 28 feet to 24 feet. John Petrella asked Council when they were going to give this Contractor a deadline on when the road on Sam’s Way needed to be completed. He said that construction done by the Contractor should not be allowed to continue without addressing certain issues. Chris Becker said that the problem was that the Planning Commission gave the Contractor a variance to build on the lots before the road to each was completed. He said the Village had stopped any future permits until he had the road built. John Petrella asked what the Village could do to stop construction being done under existing permits. Chris Becker said that his opinion was that the Village might be liable to the people who were currently having houses constructed if the Village revoked those permits and refused to allow the contractor to finish those homes. Chris Becker said that he has repeatedly told the Planning Commission to quit issuing variances without considering the consequences. He said that he will contact the Contractor and asks that he complete construction of the road by a certain date. Mayor Cochrun said that he would also send the Code Enforcement officer to discuss this issue with the Contractor on Tuesday of next week. Robert Martin Sr. suggested that the Village require performance bonds for contractors. Chris Becker said that he would work on an Ordinance requiring performance bonds for Contractors’ Robert Martin Sr. said that the yellow ribbon project for support of out troops was underway and that anyone who wished to help with the project should contact him through the Village Administrator’s Office. Chris Becker said that he had furnished all Council Members with sections of the revised code regarding Village Officials employing relatives. Gary Folden reported that the cost of the Street Garage was estimated at $150,000 by Eric Exley. He said that this was for a bare bones 5 bay block building including doors for the street and sanitation departments. He stated that he needed Council’s approval to proceed with bidding this project out. Motion by Robert Marin Sr., second by Dave France to authorize the Administrator to bid out the construction of a new street and sanitation garage. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Gary Folden said that the final design by Mr. Exley was in his office if any of Council wanted to review it. John Synodinos asked the Clerk Treasurer to review his printout on potential uses of remaining sewer and water fund balances after the County would assume operations of those services for the Village. Mike Payne reviewed his synopsis of the estimated ending balances of those funds at the end of 2003 and several ides how the surplus could be used. John Synodinos said that he was against using any surplus for employee buyouts as discussed at the Saturday workshop. He said that he felt that if the County took over the water and sewer systems that any remaining funds should be given back to the people who paid into the funds. Dave France said that the discussion of buyouts was only one option presented. He thanked Mike Payne and Gary Folden for meeting this week to discuss and prepare other options and ideas on how to handle the transition and to deal with any surplus funds. New Business Dave France said that Neidengard’s had requested that the Village support the fund raising effort they currently have going on for the Muscular Dystrophy by paying for the costs involved with a raffle they are having, these costs are about $175. Motion by Dave France, second by Thomas Bottorf to pay bills up to $175. for the costs involved in a raffle being conducted by Neidengard’s to support Muscular Dystrophy. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Thomas Bottorf suggested the Village make more use of Digital Photography when projects throughout the Village are taking place, and to have two people sign off for the approval for Village projects. Robert Martin asked if anyone had followed up on the person in his neighborhood that have dogs running loose. Lou Vandeborne said he had been away and did not know if the Chief had followed up on this. Gerald Brown, 342 Canton Road, stated that twice his white clothes had been ruined by brown water coming from his line. He said that no one had informed him of any water breaks. Mayor Cochrun said that this problem should not happen any more. Motion by Thomas Bottorf, second by John Synodinos to approve the line items transfers and the fund transfers from the General Fund to the Permissive Fund as submitted by the Clerk Treasurer. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith 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, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Motion by John Synodinos, second by Robert Martin Sr. to adjourn. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Next Regularly scheduled meeting is May 1, 2003 at 7:00 PM. with All Committee Meeting at 6:00 PM. Mike Payne Robert E. Cochrun Clerk Treasurer Mayor