Regular Council Meeting Thursday, May 20, 2004 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price present, Dave Smith present, Robert Martin Sr. present, Matt Parise present, Thomas Bottorf present. Officials: Mayor Dave France present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne, Administrator Walt Ziemba. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by John Synodinos, second by Robert Martin Sr. to approve the minutes from the Special Council Meeting held on April 29, 2004. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion be Thomas Bottorf, second by Dave Smith to approve the minutes from the regular Council Meeting held on May 6, 2004. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Mayor France explained briefly how he and Mike Payne would be keeping track of unfinished items from previous meeting. Persons Appearing Before Council Mike and Debbie Chichick asked Council for $5,000.00 to help support this years Thunder-in-the-Ville event, to be held June 25 and 26. Motion by Thomas Bottorf, second by Dave Smith to pay bills up to $5,000.00 for the 2004 Thunder-in-the-Ville event. Discussion on the motion: John Synodinos said that he thought the Council he agreed at the previous meeting to split the support evenly for the Community Days and Thunder-in-the-Ville events. He said that the Community Days Event was approved at $2,500 and that he hopes that some of those funds may be repaid to the Village. Matt Parise asked Mike Chichick if he had approached other Communities for donations. Mike Chichick said that no other entities had been approached but he would discuss that with the Committee. Matt Parise said that Island Creek and Cross Creek should be asked for support. He said that last year Thunder-in-the-Ville event was a combined event and therefore needed more Village support. He said he would be willing to have the Village give $2,500 to Thunder-in-the-Ville this year. Dave Smith ask Clerk Treasurer Mike Payne what funds were available to pay for these events. Mike Payne explained that approximately $13,000.00 was put in the budget for recreation. He said that of this amount $7,000or $8,000 was set aside for Community Days, Thunder-in-the-Ville, Halloween party, Christmas Party etc. Thomas Bottorf agreed to modify his motion and reduce the support down to $2,500 for Thunder-in-the-Ville. Vote on motion: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Robert Laukert, BHJ Representative, updated Council on BHJ meetings from March 17th and May 19 2004 that dealt primarily with long range road projects. Rob Herrington, Wintersville Volunteer Fire Department Chief, Handed out information to Council explaining funding issues for his Department. He also explained that revenue from fund raising had decreased recently. He said that one of his plans, if the levy was approved was to increase paid staffing hours. He explained that response time was 9 minutes quicker with staffed responses that volunteers. He said that he had no problem with the Village approving a 5-year renewal levy because it keeps his employees on their toes. Dr. Robert Price asked if Cross Creek also had a 2 mill levy on their ballot. Robe Herrington said that they did. He also said that since 1977 the affect of Bingo revenue was the equivalent of 13 Mill of income. He said that a two-mill levy in Wintersville would bring in approximately $120,000 and that Cross Creek's 2-mill levy would bring in approximately $125,000. Reading of Ordinances and/or Resolutions Mayor France said that he was going to limit discussion by each Council member to 3 minutes in issues tonight and allow each member to have only 2 turns to address a topic. Resolution 2004-07: A Resolution adopting the 2005 County Budget was read for the second time. Ordinance 2004-08: An Ordinance changing sanitation rates was read for the 2nd time. Resolution 2004-09: A resolution to place a 2 Mill fire levy on the ballot was read for the 2nd time. Ordinance 2004-11: An Ordinance creating a sewer charge allowance for swimming pools holding over 3,000 gallons was read for the first time. Ordinance 2004-12: An Ordinance accepting the dedication of Sam's Way was read for the 1st time. Chris Becker said that Council might want to discuss this Ordinance in executive session sometime in the meeting. Ordinance 2004-13: An Ordinance authorizing the Mayor and Village Administrator to enter into an agreement with the County for purchase of water was read for the 1st time. Ordinance 2004-14: An Ordinance authorizing the Mayor and Village Administrator to enter into an agreement with the County for sewer treatment was read for the 1st time. Motion by John Synodinos, second by Matt Parise to indefinitely table Ordinance 2004-13 and 2004-14. Discussion on the motion: Matt Parise said that he thought all of Council should have a copy of the latest proposed with the county. Dave smith said that he was under the impression that the contract was just a proposal at this point, for the County to review. Matt Parise said that the current proposed contract was prepared by 3 people representing the Village and from discussion with members of the County. Chris Becker said the final draft was prepared by Dennis O'Toole based on previous discussion from both entities. He said that he, Gary Folden and Dennis O'Toole had met at least 6 times to hammer out a proposal to present to Council. He said that the County is willing to approve this contract once Wintersville passes it. John Synodinos said that if any changes were made to the contract, once the Ordinance was read, then the contract would be null and void. Chris Becker agreed that any material changes to the contract would require the Ordinance approving the contract to be read over again. Council Members discussed the pros and cons of entering into a long-term contract with the County. Vote on the Motion: John Synodinos yea, Dr. Robert Price nay, Dave smith nay, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf nay. Mayor broke the tie by voting yea. Motion passed 4-3 to table the Ordinances indefinitely. Mayor France said he would call a Special session to try to resolve the water issue. Ordinance 2004-15: An Ordinance approving the New Administrator to live outside the village limits was read for the first time. Ordinance 2004-16: An Ordinance entering into an agreement with ODOT regarding widening Route 43 was read for the first time. Chris Becker said he had distributed copies of his legal opinion on the issue of installing a crosswalk on Fernwood Road. John Synodinos inquired if the Funeral Home could install the crosswalk at their own expense. Chris Becker said that they could not do this. Albert Carapellotti asked if the business could pay to maintain the crosswalk. Chris Becker said he was more concerned about the liability issue and not the cost of the crosswalk. Motion by John Synodinos, second by Dr. Robert Price to not install a crosswalk on Fernwood Road. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Reports, Announcements, and Communications Mayor France announced that the Village offices would be closed on May 31, 2004 for Memorial Day and that no changes in Sanitation would occur. Mayor France said that he had been asked to join the Steubenville Rotary Club. He said that many local business persons attended the Rotary Meetings and he thought it would benefit the Village to have him join the Rotary and attend the meeting. He asked Council to approve having the Village pay his initiation and membership dues and he would pay for the meals billed by the Rotary Club. Motion by Dave Smith, second by Dr. Robert Price to pay the Rotary Club dues for Mayor France. Discussion on motion: John Synodinos said that the Village had not paid these dues in the past and he was not in favor of paying these dues because he felt the organization was just a social club. Robert Martin asked if there was any chance of the Mayor recruiting members of the Rotary Club to join the Wintersville Betterment Association. Mayor France said that it was possible. Matt Parise said that he was opposed to spending public funds to belong to a social club. He said that he did not know where such spending would end and this might open the doors to memberships in additional organizations such as Kiwanis, Lions, etc. Thomas Bottorf said that regardless of whether this organization was a social club or not, the Mayor joining this organization would probably benefit the Village. John Synodinos asked what the Mayor would want to discuss with Steubenville Business people. Mayor France said that it would give him an opportunity to reach out to individuals and discuss what things could be achieved. John Synodinos said that the County Commissioners who attend the Rotary Meeting pay their own dues. Albert Carapellotti said that Council Members needed to stop bickering about every issue. Dr. Robert Price said that efforts need to continue to help develop Wintersville and also to resolve current issues. Matt Parise said that issues dealing with taxpayer dollars needed to be discussed. Vote on Motion: John Synodinos nay, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise nay, Thomas Bottorf yea. Motion passed 4-2. Betty Stinard said that the sewer at the end of Powell's Lane was getting plugged up and that the grass needed to be trimmed in that area. Mayor France asked her to contact the Administrator about those types of things in the future. Administrator's Report Walt Ziemba said that the Frank P. Layman paving project would be starting next week. He said the first part of the project would be dealing with fire hydrants. He also said the Walnut Project needed to start as soon as possible. Motion by Thomas Bottorf, second by Dave Smith to go into executive session to discuss pending litigations regarding Sam's Way. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by John Synodinos, second by Dr. Robert Price to return to regular session. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by John Synodinos, second by Dr. Robert Price to suspend the rules for the second and third readings of Ordinance 2004-12. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2004-12: An Ordinance accepting the dedication of Sam's Way was read for the 2nd and 3rd times. Motion by John Synodinos, second by Robert Marin Sr. to approve Ordinance 2004-12. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Unfinished Business Walt Ziemba said that he would be taking the rental agreement to the tenants on Woodridge sometime in the next few weeks. Walt Ziemba said he would be getting additional quotes for the landscaping and light pole projects. Walt Ziemba said he is waiting to hear from Bank One on acquiring a corporate credit card. Matt Parise reminded Council that during the previous meeting Council had discussed having him and Mike Payne approach local banks concerning this issue. Mayor France said that he would like to see the Administrator involved in this process. Matt Parise said that he was still waiting on petitions to be sent out before he meets with residents regarding annexation. Mayor France asked that the recreation committee meet to discuss their needs. Robert Martin Sr. said that there was no reason to meet if there was no money available to spend on recreation. Dave smith reported on the Water-Sewer committee meeting that discussed the Jo-Ann Field (WODA) project. He said that Albert Carapellotti agreed to take care of the excavating work, the County agreed to move the water line and the Villag would move the sewer line. Robert Martin Sr. said that he did not want to see the Village back in Court because of helping with improvements of private property. Motion by Dave Smith, second by Matt Parise to have the Village pay for the cost of laying sewer lines and the cost of the professional fees required to do the work, not to exceed $8,000. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Mayor France said that the compensation issues of the Administrator were discussed at a Finance Committee Meeting. Thomas Bottorf said that all Council members attended the meeting and had heard the recommendations concerning the Administrator compensation issues. Motion by Thomas Bottorf, second by Dr. Robert Price to approve the recommendations made concerning Walt Ziemba's accrued time during the Finance Committee Meeting Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. New Business Motion by Dave Smith, second by Dr. Robert Price to pay the printing costs in the amount of $194.00 for the Muscular Dystrophy Fund raiser to be held by Neidengard's. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Matt Parise said that the traffic signal at Kroger's needed to be fixed to work properly after being adjusted for ambulance calls. Chief Laman said the light had been fixed. Matt Parise said there was a piece of property at the top of Leonard Ave. that the owner Mr. Becker would like to donate to the Village. Chris Becker said that Mr. Becker should contact his attorney concerning this donation. Motion by Matt Parise, second by Robert Martin Sr. to accept the Leonard Ave. property contingent upon the property being free from any liens and the deed being turned over to the Village. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Walt Ziemba said that an individual had requested reimbursement of his $250.00 deductible for damage done to his car caused by raised pavement on Church Street. Chief Laman said that in the past the Village always reimbursed motorists their deductibles for this type of damage. He said that the pavement was broken in several places and the Village was to blame for the individual's vehicle damage. Motion by Robert Martin Sr., second by John Synodinos to pay the $250.00 deductible for the Car. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Robert Martin Sr. said that there is a 3-foot post that is sticking out on Main Street that needs to be taken care of. Motion by Robert Martin Sr., second by Matt Parise to pay bills as funds become available. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Thomas Bottorf asked about the check cut for the Pittsburgh Pirate Ball Game. Mike Payne said that was a payment from D.A.R.E. Grant funds to take 6th graders to a ball game. Good of the Village Jeff Blake, Sam's Way, thanked Council for moving forward to dedicating his street as part of the Village. He also asked why a stop sign had been installed at the top of his street. Matt Parise said he had been approached by several residents living on Avalon about putting a stop sign there. He said that the Police Department did a traffic study that supported the need for installing this sign. Motion by Robert Martin Sr., second by Matt Parise to adjourn. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Next regular scheduled meeting is Thursday, June 3, 2004. Mike Payne, Clerk/Treasurer Dave France, Mayor