Regular Council Meeting Thursday, April 21, 2005 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price present, Thomas Bottorf present, Robert Martin Sr. arrived late, Matt Parise present, Dave Smith present. Officials: Mayor Dave France present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne present, Administrator Walt Ziemba. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by John Synodinos, second by Dr. Robert Price to approve the minutes of the April 7, 2005 Regular Council Meeting. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0. Persons Appearing before Council Charles Green, Rex Avenue, requested the Village consider enacting an Ordinance requiring water barriers such as silt fences to be erected at the site of new construction in the Village. Chris Becker said he would check on sample Ordinances that dealt with this issue. He said he was working on an Ordinance dealing with Storm Water that was related to this topic. Robert Martin Sr. arrived at this point of the meeting. John Synodinos said that he thought that this issue of restricting run off of new construction was previously dealt with and said that if there was a remedy that was available, then an ordinance needed to be brought to Council. Reading of Ordinance Motion by Robert Martin Sr., second by Thomas Bottorf to table the 3rd reading on Ordinance 2005-08 until the next meeting. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Ordinance 2005-09: An Ordinance prohibiting mobile homes in areas, was read for the 3rd time. Motion by Thomas Bottorf, second by Dave Smith of approve Ordinance 2005-09. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Ordinance 2005-10: An Ordinance to change water rates was read for the 1st time. Motion by Matt Parise, second by Robert Martin Sr. to table Ordinance 2005-10. Discussion on the Motion: John Synodinos stated that he did not feel the new rates proposed in the Ordinance were fair, especially since Council had previously promised to give back the extra $1.44 per thousand gallons that they were paying, after the four year time period. Matt Parise said that he felt the new Ordinance favored big Businesses over the low end water users. Lee Tobias, 301 Leonard Ave, suggested that the water issue be put on the ballot. Robert Martin Sr. said the Village should stop collecting the extra charge to the water users. He said that he would love to see this issue be put on the ballot. Chris Becker said that everything could not be put on the ballot and that is what elected officials were put in office to do. He said that it was surprising more people were not at the meeting to express their opinion on this issue. John Synodinos said he would like to table this issue so that more residents could view the different rate structures and he could put more pressure on other Council members to change their minds. Thomas Bottorf said the Ordinance would charge residents who used a lot of water less. He said that the Ordinance proposed (Known as Plan B) would charge residents only $3.25 per thousand gallons of water used versus $7.50 per thousand gallons in Plan A. Robert Martin said that rates would be increases from $3.25 to $4.00 per thousand gallons in Plan B in 2006, but would stay the same in Plan A. Matt Parise asked the Clerk Treasurer if the rates in Plan B of $3.25 per thousand in 2005 would require using some of the surplus in the water fund. Mike Payne said that the extra income generated in 2005 in the water fund prior to the new rates taking place would enable Plan B to be feasible for the remainder 2005. He said without those funds a rate of at least $3.70 per thousand gallons under Plan B would need to be charged to break even. Vote on Motion: (to table Ordinance 2005-10): John Synodinos yea, Dr. Robert Price Nay, Thomas Bottorf nay, Robert Martin Sr. yea, Matt Parise yea, Dave Smith nay. Mayor broke the tie by Voting nay. Motion failed 4-3. Ordinance 2005-11: An Ordinance to increase sewer rates, was read for the 1st time. Matt Parise asked what the difference in rates was for this Ordinance. Thomas Bottorf said that the change was .20 cents more per thousand gallons for all customers. Reports, Announcements and Communications Mayor Dave France announced that the next Council Meeting would be moved to Tuesday, May 3, 2005 at 7:00 PM. Mayor Dave France said that the Planning Commission met Tuesday, April 19, 2005 to discuss a zoning change from Business to R-4 Residence on Fort Steuben Management Lots on Cadiz Road to allow for a fifty-five bed nursing home. He said that the Commission voted to turn the change over to Council with the Recommendation that Council approve the Zoning Change. Motion by John Synodinos, second by Thomas Bottorf to accept the Planning Commission Recommendation to change zoning from Business to R-4 for the area on Cadiz Road. Discussion on the motion: Matt Parise questioned whether this would be spot zoning. Chris Becker said he did not believe the change would qualify as spot zoning but would provide a written opinion at the next meeting. Matt Parise asked if the public had been notified about this change. Mayor Dave France said that residents of the area had been notified and that a notice had been placed in the newspaper. Chris Becker said that a parcel less than 10 acres required notifying adjoining property owners only, by registered mail. John Synodinos said that this would be a high end nursing home and could employ as many as 100 people. Chris Becker said that since this zoning was going the other way than usual on the scale that an Ordinance may not be needed. Motion by Matt Parise, second by Dr. Robert Price to table the motion to accept the Planning Commission Recommendation until the Solicitor's opinion was given. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Mayor Dave France informed Council that they all had a report from Chief Ed Laman in their packets summarizing activities performed by the Village's K-9 Unit. Administrator's Report Walt Ziemba said that he still needed another Equalization Board Member. After a brief review of the Village's Ordinances Chris Becker said that the Ordinances did not give the ability to allow the change from Business to R-4 Zoning. Motion by Matt Parise, second by John Synodinos to have Chris Becker develop Ordinance language to allow this type of Zoning change. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Walt Ziemba said that a Recreation Committee meeting was needed to prepare an application for a playground equipment grant that was due to the Jefferson County Commissioners by April 29th. (Committee Chairman Robert Martin Sr. set a meeting for April 25th 2005, at 6:00 PM to handle this.) Walt Ziemba said that Dale Featheringham would get an appraisal for the property that the telemetry project would be located on. Walt Ziemba said that he would need to hire some summer help. He said that he had sent in and application to the CAC but had not heard back from them yet. Council Members agreed that the Administrator could hire six individuals in addition to two from the CAC. Walt Ziemba suggested that the Village purchase a used Jet Vac Truck for cleaning catch basins, unplugging pipes, cleaning lift stations. He said that he had obtained a price for a 10 year old truck for $125,000 (versus $240,000 for a new model). He said the cost could be split between the Water, Sewer and M & R Funds. He said the Village was currently spending approximately 12,000 - 15,000 now for contracting some of these services each year. Council agreed to send this issue to Committee and obtain the current expenses in this area. Thomas Bottorf suggested that the Village consider pooling with other municipalities for expensive equipment needed for occasional use. Matt Parise said that if this was done, considerations such as insurance, repairs, etc would need to be worked out. Walt Ziemba said that he would like to purchase a Fire Hydrant Exerciser for the Village since the Village was looking to buy new hydrants he said it would be a good time to look at buying this. Robert Martin Sr. thanked the Administrator for taking the initiative to look at the Village's current equipment to make things better. Walt Ziemba explained the two price quotes he had obtained for two different models of Valve Exercisers. Matt Parise asked if the prices were for new models and if they included warranties and if there were any hidden costs for these units. Walt Ziemba said that the prices were for new models with warranties and that there was no hidden costs. Motion by Robert Martin Sr., second by Matt Parise to purchase a 13 HP Motor fire hydrant valve exerciser for $7,600. Walt Ziemba briefly reviewed the new employee travel policy including meal reimbursement amounts. Walt Ziemba handed out sample information regarding use of Government-owned vehicle use. Walt Ziemba said that Plans, spec and bid documents were all being developed for the Winters Drive and Fire Hydrant projects. Walt Ziemba read a letter he received asking for donations for the back to school rally for Indian Creek students. Motion by Robert Martin Sr., second by Thomas Bottorf to pay bills up to $500 for the rally. Council discussed this motion briefly including the dollar amount before voting. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Mayor Dave France said that the Thunder in the Ville Fireworks event's name had been changed to the Thunder in the Valley and would be holding a two day event on June 24th and 25th this year. He said that the organization would like to request a $2,500 contribution toward payment of bills from the Village this year. Motion by Thomas Bottorf, second by Dave Smith to pay up to $2,500 for the Thunder in the Valley event. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Unfinished Business Walt Ziemba said that the I & I proposals for engineering services only, would be going out this week. Walt Ziemba said that Grass cutting bids were due in to his office on April 27, 2005. Chris Becker said he would have an answer on Warren Lane by the next meeting. Chris Becker said that he had filed an answer to the suit filed by Midwest Insurance company regarding their claim on unpaid deductibles. He said he is currently reading through the policy with Midwest and negotiating with them on the $27,000 in dispute. Thomas Bottorf said that the water committee would be meeting next Thursday to discuss tap fees and dealing with Water breaks. New Business Thomas Bottorf asked the Solicitor to review Akron's noise Ordinance to see if a similar one could be developed for the Village. Motion by Robert Martin Sr., second by John Synodinos to pay bills as fund become available and approved by Council. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Motion by John Synodinos, Second by Dr. Robert Price to approve the transfers submitted by the Clerk Treasurer. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. For the Good of the Village Lee Tobias complained about his water turning brown. Walt Ziemba said that neighbors were supposed to be notified by his crews as well as announcements placed in the paper. He said he would make sure both of these things were done. Lee Tobias said that the top of his hill near Canella's Market was still a mess. Chris Becker said he should contact the code enforcement officer about this. Lee Tobias complained about motorcycles in his neighborhood late at night. Chris Becker said the would be looking into the noise Ordinance discussed earlier that might help this situation. Motion by Matt Parise, second by Robert Martin Sr. to go into executive session to discuss a personnel matter. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Motion by Robert Martin Sr., second by Matt Parise to return to regular session. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Motion by Robert Martin Sr., second by Thomas Bottorf to adjourn. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Next Regular Meeting is May 3, 2005, 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