Regular Council Meeting Thursday, May 2, 2002 Meeting called to order by Mayor Robert E. Cochrun. Roll Call: Gene Pool Present, John Synodinos present, Dave France present, Dave Smith present, Robert Martin Sr. present, Beth Rupert 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 from the regular Council meeting held April 18, 2002. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Persons Appearing Before Council Larry Porter, 152 Milky Way, described the situation concerning two potholes at the end of his driveway. He said that he attempted to fix the potholes himself rather than contacting the village about them. According to Mr. Porter as he got involved in the project of fixing the potholes the problem got much worse and the small potholes turned into a large deep hole in the road. Mr. Porter admitted that he should have contacted the Village to fix this problem, but thought that it would be a simple matter. He asked Council if they would come out to fix the situation as soon as possible since he could not use his driveway until the road was repaired. Council agreed to fix the hole in the road after some discussion on the matter. Chris Becker told Council that this type of situation was unlikely to happen again and that he did not feel the Village was setting precedence by fixing the road. Attorney Jane Keenan, representing Jeff and Kelly Petrelle on 250 Two Acre Drive explained to Council her client's sewer problem. She said that soon after her clients purchased their home they began experiencing a sewer problem. The Petrelle's had first contacted the Villages water & sewer department who had been unable to determine the problem. They then brought in Roto Rooter, Energy First, and finally Ft. Steuben Maintenance about the problem. It was finally determined that the Petrelle's were not connected to the Village's sewer system but instead were tied into a septic tank that was underneath their property. Mr. Keenan said that the Petrelle's had already incurred a great deal of expense with their problem including having their lawn torn up. She said that they had gotten an estimate from Ft. Steuben Maintenance to run a line to tie into the Village's sewer system in the amount of $7000. She said her clients would like to request that the Village use their resources to install this line, except for the actual connection at the property. Motion by Gene Pool, second by Robert Martin Sr. for the Village to provide in-kind services and materials to connect the Petrelle's property on 250 Two Acre Dr. to the Village's sewer lines on Stardust Drive contingent on them obtaining an waiver of liability for village employees while working on the project and contingent upon an easement granted by the neighbors of the Petrelle's where the underground line would need to be installed. It would also be the responsibility of the Petrelle's to hire a plumber to make the actual sewer connection at their property. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Pat Davis, 167 Meadow Rd., complained about the Village's policy of giving credit to residents on their water bills with swimming pools. Mayor Cochrun explained that this credit was only for the sewer part of the residents bills. Pat Davis said he also had a problem with the method the Village used to follow-up on delinquent water bills. He felt all residents should be treated the same. Mayor Cochrun explained that if a child resided in the house the Village was required to contact Children's services before the water could be turned off. Pat Davis asked if a water well could be drilled to be used to water gardens? Chris Becker said that wells were not permitted, but that sistrines might be allowed. Pat Davis complained about some residents putting out excessive amount of trash each week. Chris Becker said that anyone putting out more than six bags of trash per week were charged $1.00 for each additional bag. John Gallo said that he would like to get a $15.00 sewage credit for watering his lawn. Robert Martin Sr. said that maybe Council should look into that possibility. Gary Folden suggested that customers should be charged a flat rate for water and sewer to cover fixed costs of the Village and then charged customers for only what they use. Dee Petrella explained that the Village does not send someone out to check the meter before giving them the $15.00 pool credit. She said that only if they were filling a pool or putting in a new liner would the meter be checked. Diane Denny asked Mr. Synodinos whatever happened to his idea of lowering the minimum usage rate to one to two thousand gallons. John Synodinos said that the Village checked out that possibility but could not afford to do this. He said that the Village would have to raise everyone's rates if the minimum was decreased. Herman Burkett, McConnell Ave., complained about sewage problems for residents in his neighborhood. Mayor Cochrun to Gary Folden to send out a Village employee to check on this problem for all the residents on that street who were having sewage backup problems. Motion by Dave France, second by John Synodinos to rescind the motion giving residents a $15.00 credit for topping their pools. Vote: John Synodinos yea, Dave France yea, Dave Smith nea, Robert Martin Sr. yea, Beth Rupert nea, Gene Pool nea. Mayor Cochrun voted nea to break the tie. Motion was defeated 4-3. Chief Laman asked Council to approve paying the annual supply and vet bills for the village's K-9 Drug Dog. He said that the K-9 fund still had funds remaining from donations, but he would like to keep those for other expenses. Motion by Robert Martin Sr., second by John Synodinos to transfer $1000 from the General Fund to the K-9 Drug Dog Fund to help pay for dog supplies and vet bills for the remainder of this year. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Beth Rupert yea, Gene Pool yea. Motion passed 6-0. Dan Wood, Thunder in the Ville, reminded Council of the upcoming roadblock to raise funds for the fireworks event. Councilperson Robert Martin Sr. excused himself from the remainder of the meeting. Ordinance/Resolutions None Reports, Announcements and Communications. Mayor Cochrun read the April 2002 Magistrate's report. Mayor Cochrun read the April 2002 Police report. Mayor Cochrun read the Building Inspector's report for the month of April 2002. Mayor Cochrun announced the spring cleanup scheduled in June. Gary Folden read a letter to the editor of the Herald Star he wrote, at the request of the Mayor, in response to an earlier letter written complaining about the credit given to residents who filled pools. Mayor Cochrun appointed a "Rules of Council" committee. Those named were Dave Smith, Dave France and John Synodinos. Committee Reports John Synodinos asked the Mayor to name an Audit Committee for the Village Mayor Cochrun named John Synodinos, Dave France and Gene Pool to the Audit Committee. Beth Rupert suggested that all committees be defined as to their purposes. Mayor Cochrun asked Gary Folden to work on the project of outling the purpose for each committee. Motion by Dave France, second by John Synodinos to make budget line transfers per the listing submitted by the Clerk Treasurer. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Beth Rupert yea, Gene Pool yea. Motion passed 5-0. Motion by Beth Rupert, second by Dave France to amend the "Rules of Council " to show the existence of the newly formed Audit Committee. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Beth Rupert yea, Gene Pool yea. Motion passed 5-0. Administrator's Report Gary Folden reminded Council Members that the Attorney from Cleveland would be meeting with Council Members in a special session at 6:00 PM. prior to the Regular Council on May 16, 2002. He said that Council would go into executive session at that time to discuss water contract matters. Gary Folden asked for a motion to bid for solvent removal and land application. Motion by Gene Pool, second by Dave Smith to approve the Administrator to go out to bid for solvent removal and land application and to award the bid to the lowest and best bid. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Beth Rupert yea, Gene Pool yea. Motion passed 5-0. Gary Folden said that the Village may be eligible for a block grant in the amount of $38,000 to help repair culvert and water run off problems on Ellsworth and Walnut Streets. He said that an in house survey was required to show that 51% of the residents met income guidelines listed by the grant. He suggested that Council members go door to door on these streets to conduct the survey. Motion by Dave France, second by Gene Pool to pursue the process of obtaining the CDBG (Block Grant) for repairs to Ellsworth and Walnut Streets. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Beth Rupert yea, Gene Pool yea. Motion passed 5-0. Old Business John Synodinos discussed an Ordinance from June 1992 that included a provision requiring employees to obtain approval from Council prior to attending any educational seminars. Mayor Cochrun explained that this Ordinance was no longer part of the Codified Ordinances. Chris Becker told Council that all Ordinances prior to 1995, with some exceptions, were repealed. Gary Folden explained the rational of having an Administrator and a budget that is approved for the Administrator to work with without approval unless the purchase exceeded $15,000. however, he said that he always gets approval from the Mayor prior to any educational travel. Council Members discussed the abandoning of an old road near Molinaro's Auto Body. Chris Becker said that he would prepare an Ordinance to start the abandonment process as soon as engineer, John McDevitt surveyed the land in question. Motion by Gene Pool, second by Dave France to begin abandonment process for the old lane that runs from Gumps Lane, eastward to Molinaro's Auto Body. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Beth Rupert yea, Gene Pool yea. Motion passed 5-0. New Business Chris Becker asked for a motion to repeal section 941.02 (U) of the codified Ordinances which states All premises connected to the sewer system and which are also connected to the municipal water supply system through a water meter and whose owner or occupants have requested that the water to said premises be shut off by the Water Department of the Municipality for any lawful reason shall pay at the rate of the minimum ¾ inch monthly rate in effect at the time the request is made. Motion by John Synodinos, second by Dave France to have the Solicitor prepare an Ordinance to repeal section 941.01 (U) of the Village Codified Ordinances. Vote: John Synodinos yea, Dave France yea, Dave smith yea, Beth Rupert yea, Gene Pool yea. Motion passed 5-0. Motion by Dave France, second by Dave Smith to pay bills as funds become available. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Beth Rupert yea, Gene Pool yea. Motion passed 5-0. Motion by Gene Pool, second by Dave Smith to adjourn. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Beth Rupert yea, Gene Pool yea. Motion passed 5-0. Next regular scheduled meeting is Thursday, May 19, 2002 at 7:00 PM. A Special Session is scheduled at 6:00 PM to discuss water contract issues. Robert E. Cochrun, Mayor C. Michael Payne, Clerk/Treasurer