Regular Council Meeting Thursday, June 2, 2005 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price present, Thomas Bottorf present, Robert Martin Sr. present, Matt Parise arrived late and left early, Dave Smith 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 John Synodinos, second by Dr. Robert Price to approve the minutes from the May 19, 2005 Regular Council Meeting. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Motion Dave Smith, second by Thomas Bottorf to approve the minutes from the Special meeting held May 24, 2005. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Persons Appearing before Council Mr. Charles Green, Rex Avenue, asked the status of the Ordinance dealing with water run off situations. He said the former Mayor said there was already an Ordinance in the Village that dealt with this issue. Chris Becker said he would be bringing an Ordinance to Council in the future dealing with this issue, but there was no current ordinance on the books dealing with this issue. Terri Throckmorton, Meadow Road, said that a survey recently done on her home showed that the end of her driveway was not located on her property. Walt Ziemba said that Council needed to make a motion to approve an easement arrangement that the Solicitor had reviewed. Motion by Robert Martin Sr., second by Thomas Bottorf to approve the easement arrangement for the property on 183 Meadow Road. Walt Ziemba asked if the bid opening could be done at this point of the meeting so the contractor's attending could leave. The flowing is a summary of the bids that were opened by Walt Ziemba for the Fire Hydrant Project that will be awarded in July 2005. Company Materials Installation BID BID Trumbull Industries 116,105.00 James Cox 124,939.67 Murphy Consolidated 132,541.63 143,137.36 Fort Steuben Maintenance 109,900.00 James White Construction 167,300.00 Yeager Contracting 99,900.00 Vitello Contracting 97,600.00 Senca Valley 120,100.00 Walt Ziemba said he would be asking Council to approve the contracts for this project at the first meeting in July. He said that after the information and the math had been reviewed, copies of the contracts could be obtained by contacting Tammy Plante. Reading of Ordinances and/or Resolutions Thomas Bottorf said that his motion not to have the final read for the Water and Sewer Ordinances unless all Council Persons were in attendance was still in effect. Motion by Robert Martin Sr. second by John Synodinos to rescind the tabling of Ordinances 2005-10 and 2005-11. Vote: John Synodinos yea, Dr. Robert Price nay, Thomas Bottorf nay, Robert Martin Sr. yea, Dave Smith nay. Motion defeated 3-2. Ordinance 2005-12: An Ordinance adopting the 2006 County Budget was read for the 3rd time. Motion by Thomas Bottorf, second by John Synodinos to approve Ordinance 2005-12. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Ordinance 2005-14: An Ordinance dealing with nuisance conditions was read for the second time. Ordinance 2005-15:An Ordinance authorizing the Police chief to put out for bid a 1997 Ford Crown Victoria 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 2005-15. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Ordinance 2005-15: An Ordinance authorizing the Police Chief to put out for bid a 1997 Ford Crown Victoria was read for the 2nd and 3rd times. Matt Parise arrived at this point of the meeting. Motion by Robert Martin Sr., second by Dave Smith to approve Ordinance 2005-15. 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. Chris Becker explained that Ordinance 2005-16 and 2005-17 had to do with a father selling property to his son. Ordinance 2005-16: An Ordinance to remove delinquent water charges from property taxes was read for the first time. Ordinance 2005-17: An Ordinance to remove delinquent sewer charges from property taxes was read for the first time. Ordinance 2005-18: An Ordinance authorizing the Code Enforcement Officer to demolish a garage at lot 55 on Floyd Street was read for the first time. Motion by Robert Martin Sr., second by Matt Parise to suspend the rules for the 2nd and 3rd readings for Ordinance 2005-18. 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 2005-18: An Ordinance authorizing the code enforcement officer to demolish a garage at lot 55 on Floyd Street was read for the 2nd and 3rd times. Motion by John Synodinos, second by Robert Martin Sr. to approve Ordinance 2005-18. 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. Robert Martin Sr. asked about the process of demolishing a garage on Roberts Street that he had discussed earlier. Chris Becker explained the process to have this done, which starts with action by the Code enforcement officer. Ordinance 2005-19: An Ordinance requiring registration licensing for all business in the Village was read for the 1st time. Motion by Thomas Bottorf, second by Dave Smith to have 3rd read on Water and Sewer rate Ordinances since all 6 Council persons were available to vote. Discussion on the Motion: Matt Parise said that the Ordinance could not be voted on since the time to vote on that Ordinance had passed. Thomas Bottorf agreed to wait until unfinished business to have the vote on this Ordinance and withdrew his motion. Reports, Announcements and Communications Mayor Dave France read the Code Enforcement and Police Reports for the month of May 2005. Mayor Dave France briefly discussed transportation available by "Prime Time" for Senior Citizens. Mayor Dave France announced that Joe DeArdo had resigned from the Planning Commission and he had replaced him with Ed Peters. Administrator's Report Walt Ziemba announced that a meeting of the Sam's Way Equalization Board Meeting would be held Tuesday, June 7, 2005 at 6:30 PM. Walt Ziemba said that the land value that the Village was looking at for the location of the Telemetry project was appraised at $1,700.00. Council agreed that the Administrator should begin negotiations for this property. Walt Ziemba said that a 2nd Meeting had taken place regarding negotiations with Judge Bednar renting space from the Village. Walt Ziemba said that he was working on a storm drain stenciling program and would be bringing in more information to Council on this program. Walt Ziemba presented information regarding upgrading the software that ran the Village Utility billing. The Administrator was requested to set up a demonstration of this software by the vendor the Village is currently using and to sunshine the meeting since Council Members would be invited to attend the Demonstration. Walt Ziemba said that a Village resident had potentially connected illegally to a well. Chris Becker said that the only exceptions allowed by law were if the Village could not provide the resident with enough water or if the well connection was needed for fire prevention. He said he would contact the residents attorney John Mascio to discuss this situation. He said that he would also contact Rich Kelly, at Jefferson County Health Department to discuss this situation. Walt Ziemba said he had received communications from Comcast regarding a slight decrease in basic cable rates for residents. Walt Ziemba said that he had prepared a draft of an ad to send out for Companies to bid the Village's landfill disposal services. Matt Parise said he was not in favor of alternative B listed in the specifications that asked for a quote for pickup of resident and business trash by the disposal company versus continuing to using Village employees to perform this service. Robert Martin Sr. agreed with Matt Parise and said that it was an insult to the employees to bid the disposal services this way. John Synodinos agreed with Matt Parise and Robert Martin Sr. and said that he felt that privatizing the trash pickup services was only the first step in getting rid of the Water and Sewer Departments. John Synodinos asked if the Sanitation Department had been losing money. Mike Payne said that he would have to look at the amount of transfers made over the last few years from the General Fund but he thought the amount was approximately $30,000 per year over the past few years. John Synodinos asked what employees would be laid off if this happened. Walt Ziemba said that no one would be laid off since there was plenty of work in the Village. Matt Parise asked if the Sanitation Department was losing money this year. Mike Payne said that so far this year the Sanitation had been breaking even, partially due to the changes in the rate structure for billing apartments. He also said that he would be asking Council to increase rates next year because the balance in the sanitation fund was too low. Motion by Matt Parise, second by Robert Martin Sr. to eliminate alternative B from the Waste Disposal Services bid specifications. Discussion on the Motion: Thomas Bottorf said that this was just an advertisement for bids and that Council owed it to the residents to explore the best options for the Village. Matt Parise said he was concerned that a company might lowball their fees just to get the Village's business. Mayor Dave France said that just adding this option on the specs doesn't mean Council had to accept the option. Vote on the Motion: John Synodinos yea, Dr. Robert Price nay, Thomas Bottorf nay, Robert Martin Sr. yea, Matt Parise yea, Dave Smith nay. Mayor Dave France broke the tie by voting nay. Motion to eliminate alternative B in specs was defeated 4-3. Walt Ziemba said that he had received quotes for street sweeping and would like to discuss those at a Finance Committee Meeting. Thomas Bottorf said that he would hold a Finance Committee Meeting Tuesday at 6:00 PM prior to the Sam's Way Assessment Meeting. Unfinished Business Motion by Dave Smith, second by Thomas Bottorf to have Signal Services repair the broken school light at a cost not to exceed $1000.00. Matt Parise asked if there was an exclusion clause with Bruce & Merriless to do this work. Walt Ziemba said that there was not. 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 he had not received any complaints regarding the grass on Ellsworth Street. Robert Martin Sr. said there were a least 6 properties on Ellsworth with high grass. Walt Ziemba said it would be up to Chief Ed Laman to follow up on this issue. Mayor Dave France said that according to the Ohio Revised Code any elected officials needed to submit in writing requests to attend seminars including the cost involved. He said that he would not require Council Member to start following this until after a July seminar that will be attended by Council Members. Chris Becker asked what type of letter and who it should be submitted to regarding annexation and TIF Districts on Route 43. Council agreed that his letter should be sent to the Schiappa Trust and should inquire as to their interest in forming a TIF District and being annexed into the Village. Chris Becker said that it was his understanding that the County was also studying this area and may form their own TIF District. Thomas Bottorf said that he would like to have the 3rd reading of the Water and Sewer Ordinance under unfinished business. Chris Becker said he was not sure whether those final reads could take place under old business, after some brief debate the 3rd read of the 2005-10 Ordinance was read. Ordinance 2005-10: An Ordinance changing Water rates was read for the 3rd time. The vote on the Ordinance was not completed because Matt Parise had left the Meeting. Prior to that point John Synodinos and Robert Martin Sr. had voted nay and Dr. Robert Price and Dave Smith had voted yea. Mayor Dave France requested that the Police Chief bring back Matt Parise to the meeting who had not requested permission to leave the meeting . After a brief period when Matt Parise had not come back to the Meeting, Mayor Dave France asked for a motion to adjourn. A brief debate on whether a motion to adjourn could interrupt a vote on the 3rd read of Ordinance 2005-10. Chris Becker said that a motion to adjourn took precedence over any current action. Motion by Thomas Bottorf, second by Dave Smith to adjourn. Vote: John Synodinos nay, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. nay, Dave Smith yea. Motion to adjourn passed 3-2. Next regular scheduled meeting is Thursday, June 16, 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