Thursday, May 3, 2007 Mayor Dave France called the meeting to order. Roll Call: Robert Cochrun present, Jason Mattern present, Robert Martin Sr. present, Bob Gale present, Matt Parise present, Thomas 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 Reading of Minutes Motion by Robert Martin Sr., second by Matt Parise to approve the minutes from the regular Council Meeting held on April 19, 2007. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Persons Appearing Before Council Dave France read a proclamation honoring all Indian Creek Teachers and proclaiming May 8, 2007 as National Teachers Day. Tony Molinaro, 100 School Street, asked when the ball field behind the old elementary school building was annexed as Commercial Property. Chris Becker said that this was rezoned in 1999, by Ordinance 1999-33, to B-1. Tony Molinaro asked why the residents in the area were not notified of this change. A discussion then took place as to exactly which parcels of land the Ordinance referred to. It was agreed that this matter would be followed up on to make sure that the ground that the proposed hospital was going to be built on was zoned properly. Tony Molinaro said that there was a discussion two years ago regarding the problem on Church Street with the catch basins and the patching needed and nothing yet had been done. Walt Ziemba said that he was aware of the situation and that repairs in that area would be done but had been temporarily put off because of the expense involved to do the project correctly. Reading of Ordinances and/or Resolutions Chris Becker explained to Council that the Board of Review discussed in the Village’s wage tax Ordinance did not have review powers over actually changing the Wage Tax Ordinance. He said that the Board of Review would have authority over the Administrator in Wage Tax matters. Council Members discussed with Chris Becker about some specifics on whether the changes in the Ordinance proposed were mandated by the state or whether these changes had flexibility in the language and the dollar amounts. In particular Council wanted to know whether they could eliminate or change the dollar threshold for the taxing of gambling winnings and dividends income. Robert Laukert, who represents the Village with RITA, be invited to the finance meeting when this issue is discussed. Ordinance 2007-07: An Ordinance regarding licensing gambling machines was read for the second time. Motion by Matt Parise, second by Jason Mattern to amend section 718.08 of the Ordinance to have the words Mechanical Amusement device removed. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Resolution 2007-08: A Resolution adopting the 2008 County Budget was read for the fist time. Ordinance 2007-09: An Ordinance granting permanent and temporary easement from P & H Development was read for the only time required. Chris Becker told Council that this Ordinance only was required to be read one time and that a public notice must be given by certified mail, return receipt, by the office of the Mayor, to two property owners involved (Hammer and Petrides). He explained that the $500 was only an estimate on similar easements and that it would be up to the property owner to prove the actual easement value. Motion by Matt Parise, second by Robert Martin Sr. to approve Ordinance 2007-08. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Reports, Announcements and Communications Mayor Dave France read the April 2007 Magistrate, Police and Code Enforcement Officer’s Reports Administrator’s Report Walt Ziemba announced that a pre bid meeting for Phase II of the Garden Drive Project had been held. He said that he had told all the potential bidders that whoever got the bid needed to watch the speed of any vehicles driven by their company in the Sunset Gardens area. He said that this project should be completed no later than August 31, 2007. He said that the engineer’s estimate of this phase of the project was $975,000. He said that he had included an estimate of the costs to borrow $150,000 from Chase Bank to cover the amount that will be assessed to the residents in that area. He said that he would also get a quote from Parkvale Bank for the interest rate to borrow these funds. Walt Ziemba gave Council a brief update on the status of the proposed Acute Care Hospital that may be built in the Village. Walt Ziemba said that the state had a proposal that would allow statewide franchising of video services and that this could cost the Village $40,000 of annual income currently paid to the Village by Comcast. He said that he would send a letter to Columbus opposing this bill. Walt Ziemba said that he, Kenny Donley and Bruce Snider went to look at a firm in Lisbon which changes Class B Sludge to Class A Sludge. He said that this type of process could save the Village approximately $4000 per year as well as eliminate the liability incurred when disposing of Class B Sludge. Walt Ziemba told Council that he had included in their packet information about public contractor laws. Walt Ziemba said that Council had included in their packets information summarizing the deficiencies, primarily electrical, from the recent Workers Compensation (OSHA) audit. He said that a lot of the items that they found were in the Water Garage. Walt Ziemba asked Council’s permission to advertise for 4-6 seasonal employees. Motion by Matt Parise, second by Robert Martin Sr. to approve the hiring of 6 seasonal employees to help on regular Village activities and 2 employees to work at the playground area from Memorial Day to the end of August. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Robert Martin Sr. asked that someone follow up on a catch basin problem on Rex Avenue. Perry Pool said he would follow up on that problem. Walt Ziemba said that a pre construction meeting was held for the Main Street paving project. He said that on July 2 that signs would be put up concerning the project, on July 9 the milling would begin and the completion date of the project (which would all be done at night) would be August 31. Unfinished Business Robert Martin Sr. inquired about the Sustick run off problem. Walt Ziemba said that it would be taken care of. Chris Becker said he would contact Phil Abdalla concerning the pillar that was damaged in Sunset Gardens. Thomas Bottorf gave a summary of the recent Ordinance Committee meeting. He said that the committee decided not to take any action regarding changing Ordinances for fences around pools, modular homes or load limits of trucks. Chris Becker said he would verify that nothing could be done concerning load limits for trucks in the Village or whether signs saying No thru Truck could be enforced in certain areas. Chris Becker distributed to Council a sample of an Ordinance addressing the Jake Brakes. Council requested that Chris Becker draft a Jake Brake ordinance for a future meeting. New Business Chris Becker said he would research the zoning for the site of the proposed acute care hospital. Thomas Bottorf asked if the Village could consider passing an Ordinance to reduce utility rates for long term residents who were 100 years of age or older. Chris Becker said that he did not like the idea of an arbitrary class of people receiving preferential rates but that he would research the matter. Transfers Motion by Robert Martin Sr., second by Bob Gale to approve the transfers prepared by the Clerk/Treasurer. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. For the Good of the Village Betty Stinard, Powells Lane, said she was glad to hear that the Village may finally be addressing the problems with Church Street. John Synodinos said that his mother was another resident of the Village that was over 100 Years old. He also addressed the wage tax Ordinance changes by saying that he thought the Village should wait to make the changes until the state forced the Village to do so. Robert Laukert, Village Representative to BHJ, said that BHJ was having an open house from 12:00 to 2:00 on Friday May 11, 2007 and that Village officials were encouraged to attend. Motion by Robert Martin Sr., Second by Matt Parise to adjourn. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Next Regularly scheduled meeting is May 17, 2007. Disclaimer: These are a draft of the minutes and not deemed official until approved by Council. Mike Payne, Clerk Treasurer Dave France, Mayor