All Committee Meeting Thursday, May 1, 2003 Meeting called to order by Mayor Robert E. Cochrun. Roll Call: John Synodinos present, Dave France present, Thomas Bottorf present, Robert Martin Sr. (arrived late), Beth Rupert (arrived late), Dave Smith present. Officials: Mayor Robert E. Cochrun present, Solicitor Christopher D. Becker absent, Clerk Treasurer Mike Payne present, Administrator Gary R. Folden present. Mayor Cochrun updated Council on the progress made on the Tera Manor subdivision. He said that Yeager Construction would be submitting a quote to repair the cul-de-sac at the end of the street. He also said that sweeping and blacktopping needed on the street would be done after the cul-de-sac work was completed. Beth Rupert arrived at this point of the meeting. Beth Rupert suggested that the Village purchase software and hardware needed to scan minutes and other documents that would allow for searches to be done by topic or key subject words. Gary Folden said he would inquire about this type of software at his upcoming meeting with other Village officials. Robert Martin Sr. arrived at this point of the meeting. John Synodinos stated that scanning Village documents might be to time consuming for the current employees to handle. Beth Rupert suggested using interns from Jefferson Community College to do the document scanning. Thomas Bottorf said he would like to see the Village “keep the ball rolling” on the water contract issue. Gary Folden suggested that Council members submit any questions they might have to him on the draft of the water contract by May 12, 2003. Robert Martin Sr. thanked Indian Creek High School students fro their help on putting up the Military support ribbons through out the Village. He suggested giving the kids certificates for their work. John Synodinos asked why Council continued to have all committee meetings, since committees had been abolished? Council Members decided to meet at 6:00 PM. on a quarterly basis and only then if there was agenda items to be discussed. Gary Folden reminded Council that ODOT would be meeting with Council beginning at 6:00 PM. at the June 5th Council Meeting. Regular Council Meeting Meeting called to order by Mayor Robert E. Cochrun. Roll Call: John Synodinos present, Dave France present, Thomas Bottorf present, Robert Martin Sr. (arrived late), Beth Rupert present, 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 Thomas Bottorf to approve the minutes from the regular Council meeting held April 17, 2003. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Beth Rupert abstain, Dave Smith yea. Motion passed 4-0 with 1 abstention. Robert Martin Sr. arrived at the meeting at this point. Person Appearing Before Council Mayor Cochrun presented Major May of the Salvation Army with a proclamation declaring May 12-18, 2003 National Salvation Army week. He thanked Major May for all the hard work performed by the Salvation Army. Terri Hawkthornton, 183 Meadow, asked Council if they would consider selling some or all of the property owed by the Village located next to her property. Chris Becker said that if the property was valued at more than $1000 the village would have to conduct a public auction to dispose of any assets. Gary Folden said that he would start the process with John McDevitt to survey and place a value of the property. Chief Laman told Council members that he did not think it was appropriate to be approached by Council members about\ concerns they had during the middle of ongoing police matters. He said that the appropriate place to discuss concerns was in his office or even by contacting him at home. He cited a particular example where a Councilperson had approached him about a concern regarding garbage pickup at the F.O.P. Lodge during the middle of a separate police matter that he was involved in. Lee Tobias, 301 Leonard Ave. inquired about the debt owed to Steubenville. Chris Becker explained that the Village was putting money aside in what could be considered an escrow account since the Village had a written contract with Steubenville to pay $600,000 to them to assist with their ongoing water upgrade. He said that the Village may not need to end up paying this $600,000 but had a fiduciary duty to collect the money from the residents since the contract may stand. Lee Tobias asked why the village did not incorporate with Steubenville to obtain better water rates. Beth Rupert explained that the Village was in the process of negotiating with several entities to help stabilize rates for Village residents. Mayor Cochrun said that Steubenville would soon be paying higher rates to fund their new system. Lee Tobias questioned why the Village was spending money on the Community Days-Fireworks Celebration when the money could be used for other purposes. Matt Parise, Avalon Drive, repeated his question on what each Council member would do with the $350,000 surplus in the sewer fund if the County would take over the Village’s water and sewer operations. Beth Rupert suggested that discussion of this issue might not be appropriate since the Village was in the middle of negotiations for a contract to handle the water and sewer operations. Chris Becker advised Council members that he prefer they not answer questions or discuss this matter since contract negotiations were ongoing. Clerk Treasurer Mike Payne verified that the sewer fund currently had a balance of over $350,000. He also said that he had certified to EPA last year that the Village had sufficient funds to begin addressing concerns that EPA said that needed to be done regarding infiltration. He said that the appropriations passed by Council in December 2002 contained a line item for EPA related expenses. Gary Folden said that because someone recently contacted officials at EPA and told them that the Village had these surplus funds that Wintersville was now being required to immediately begin to move ahead with the sewer improvement projects. John Synodinos said that he would like to return any surplus funds in the sewer fund to the people. He said that he would like to see in writing from the EPA exactly what was required to be done by the Village. Dave Smith said that he believed that the Village was getting close to an agreement on the water and sewer issue, and that the Village residents should know that Council was looking out for their best interests. Robert Martin Sr. said that if the surplus in the sewer fund came from the people then it should be returned to the people. Beth Rupert said that the sewer funds have a designated purpose. She also said that she did not feel comfortable discussing this issue because of negotiations that were currently taking place. Matt Parise said that money that was over collected by the Village should be returned to the people. Dave France said that the Village would still own the assets of the sewer system and may still be responsible for improvements required by the EPA. He said that after everything was completed he would give back any remaining fund to the residents. Beth Rupert said that she would explore ways to give funds back to residents if it was feasible. Lynn Payne, 134 Tera Manor, stated that during the recent work on her street the back of her property now dropped down much lower than it was before. She also said that the dirt and clay that have accumulated on Tera Manor was bad and needed to be swept up. She also said that although the street and properties have been a mess for months, she was appreciative for the water line situation being taken care of. Mayor Cochrun said that the street would be swept when the project was complete. Reading of Ordinances and/or Resolutions Ordinance 2003-09: an Ordinance revising Codified Ordinances and adopting current pages was read for the first time. Motion by John Synodinos second by Robert Martin Sr. to suspend the rules for the 2nd and 3rd readings of Ordinance 2003-09 since these revisions were to update the Ordinances in accordance with state laws. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Ordinance 2003-09: An Ordinance revising Codified Ordinances and adopting current pages was read for the 2nd and 3rd times. Motion by Dave Smith, second by Beth Rupert to approve Ordinance 2003-09. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Chris Becker told Council that he needed to know what percentage they wanted to have included in the Bed Tax Ordinance he was to prepare. He said that other local communities including Steubenville were charging 3%. Council Members discussed the Bed Tax issue before determining the percentage to charge. Motion by Robert Martin Sr., second by John Synodinos to have the Bed Tax Ordinance prepared to include a 2% tax. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Reports, Announcements and Communications. Mayor Cochrun read the Magistrate and Building Inspector’s Reports for April 2003. Mayor Cochrun remind residents that June would be used to provide residents with trash pick up for larger items. Lee Tobias inquired why the Village did not have two pickups for larger trash items each year. Perry Pool said that he only had extra help to do this in the summer months. Council Members discussed whether to consider giving two local businesses (Frank’s Car Wash and Colonial Heights Mobile Home Park) a break on their sewage bills because they had experienced a month with a really large water bill due to a water line break. Motion by Dave France, second by Beth Rupert to follow the Village’s policy on this matter and not approve any credit for the sewage portion of the bills for these businesses. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Mayor Cochrun said that he would like to see work begin on the road behind the Municipal Building. Beth Rupert asked Chris Becker to supply all of Council with a legal opinion regarding conduct allowed during Council Meetings related to individual’s political agenda. Her request was in response to comments made by the Mayor. Administrator’s Report Gary Folden reviewed with Council a handout he gave them listing seven part time seasonal workers for the Village and the part time employee to start working at the sewage treatment plant. Gary Folden asked Council Members if they wanted to approve a credit for sewage for residents who topped off their pool this summer. Motion by John Synodinos, second by Robert Martin Sr. to approve a credit to residents who topped off their pool in the amount of $15.00. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Gary Folden said that he had been contacted by the EPA and they said the I & I study would need to begin immediately. He said that following the study the Village would need to begin smoke testing and then begin to upgrade the systems. \ He said three companies would be receiving an RFP on these projects. Robert Martin Sr. asked if the Village could receive and extension to complete this work since the Village was close to entering into an agreement with the County to run the water and sewer operations. Gary Folden said that the EPA would not grant any more extensions since the infiltration problem had existed for 20 years. Robert Martin Sr. asked that the Administrator write a letter anyhow, with the hope that they may grant a little more time. Mayor Cochrun asked Chief Laman to take care of enforcing the grass cutting Ordinance. Len Bias said that there was still a weed problem at the top of Leonard Ave. Chris Becker said that the Village nuisance officer needed to be sent out to check this property. He said he would try to find out who the property owner was. Matt Parise asked why the Village did not go out for bid for the Engineering Study proposals instead of using the RFP method of selecting an engineering firm. Gary Folden said that the state has established new criteria for selecting professionals and that is the method he is following. Gary Folden asked that Council pass a motion to have him request an extension from the EPA on beginning the sewer upgrades. Motion by John Synodinos, second by Robert Martin Sr. to have the Administrator request an extension from the EPA to delay beginning the sewer upgrades. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Old Business John Synodinos asked for clarification from the Administrator on what all the Village needs to spend fund for to satisfy the EPA. Gary Folden explained that the first step was the I & I study and that numerous things would be involved after completion of the study. John Synodinos asked why the village had been picking up trash at the Airport since January 2002 without Council’s approval. Gary Folden said that he had discussed this with the Mayor and received his approval to set up and account and bill them for this service. Gary Folden said that the Village also picks up the trash at the FOP Lodge, which is out side the Village limits. Chris Becker said that Council always has the option to approve the pickup of trash outside the Village and that the records should be checked to see if this had previously been approved. New Business Robert Martin Sr. said he would like to thank the Indian Creek High School students who helped put up ribbons around the Village to show support for our troops. Motion by Dave Smith, second by Dave France to have an Ordinance prepared to change the Clerk-Treasurer position to an appointed position instead of elected at the end of the current Clerk-Treasurer’s term. Robert Martin Sr. suggested that the Village have an open forum to discuss this change. Dave France said that this had been discussed before, and that the current Clerk-Treasurer had even said that it would be the best thing for the Village. Mayor Cochrun said that for as long as he could remember the Village has had good Clerk-Treasurers. He said that under the new system the Mayor would appoint a Clerk-Treasurer who would need to be approved by Council. John Synodinos questioned why this was being done at this time when the current Clerk-Treasurer had been doing a good job and had said that he would be running again. Robert Martin Sr. Said that if Mike Payne was not running it might be a different story, but since he had stated his intentions why try to fix something that wasn’t broke. Beth Rupert said that the Village had received an opinion that the Administrator could not perform the Clerk-Treasurer and the Administrator position. She said that although this option could not be chosen, the state passed this new law so that Council members could approve the option of changing this position to an appointed office and she felt that it was in the best interest of the Village to do this. Vote: John Synodinos nay, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. nay, Beth Rupert yea, Dave Smith yea. Motion passed 4-2. Mike Payne stated that $259 had been spent on mailings for the Community Day Event and asked Council if that would be part of the $10,000 approved to be spent for this year’s event. Dave France said that as chairman of the finance committee for the event he would see to it that the Village was reimbursed for the mailing expenses so the Village could still pay $10,000 towards the fireworks. Motion by Robert Martin Sr., second by Dave France to approve the transfers between line items as prepared by the Clerk Treasurer and to approve the transfer of $20,000 form the General Fund to the Police Disability and Pension Fund. Vote: John Synodinos nay, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-1. Motion by John Synodinos, second by Dave France to pay bills as funds become available. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Motion by Robert Martin Sr. second by Dave Smith to adjourn. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea, Motion passed 6-0. Next regularly scheduled meeting is 7:00 PM. on May 15, 2003 Mike Payne Robert E. Cochrun Clerk Treasurer Mayor