Regular Council Meeting Thursday, June 7, 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 absent. 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 Cochrun, second by Bob Gale to approve the minutes from the May 17, 2007 Regular Council Meeting. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Persons Appearing Before Council Robert Laukert, Representative to BHJ, updated Council on the recent BHJ Meeting. Charley Kenny, Fernwood Road, asked Council to consider passing an Ordinance allowing only local traffic on the section of Fernwood Road where he resided. He said he believed that it was permissible to restrict traffic on his road in this manner. Chris Becker said that it would not be legal to prohibit thru traffic on that road. Bob Gale suggested that Mr. Kenny bring in a copy of the Ohio law that would allow an Ordinance to prohibit thru traffic on this road. Reading of Ordinances and/or Resolutions Motion by Bob Gale, second by Matt Parise to remove Ordinance 2007-03 from the table and have the third reading on the Ordinance at the next Council Meeting. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Resolution 2007-08: An Ordinance adopting the 2008 County required budget information was read for the third time. Motion by Bob Gale, second by Robert Martin to approve Resolution 2007-08. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Ordinance 2007-11: An Ordinance limiting the use of Jake Brakes in the Village was read for the second time. Ordinance 2007-12: An Ordinance allowing the issuance of $150,000 worth of Bonds with Chase Bank, relating to the Garden Drive and Meadow Road project was read for the first time and declared and emergency and waiving the second and third readings. Ordinance 2007-12: An Ordinance allowing the issuance of $150,000 worth of Bonds relating to the Garden Drive and Meadow Road project was read for the second and third times. Motion by Robert Martin Sr., second by Robert Cochrun to approve Ordinance 2007-12. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Walt Ziemba told Council that the Bonds for the project had a rate of 4.6% and the amount borrowed would be assessed to the residents over 10 years at an approximately cost of $95.00 per year for each of the 135 property owners. Ron Missue, a representative from Chase Bank, who would be coordinating the bond issuance said that a modification could be made on the amount that was borrowed if the entire $150,000 was not needed when the final cost figures were known. Motion by Bob Gale, second by Matt Parise to change the language in Ordinance 2007-03 to Wage Tax in all places in the document where the two words income tax appeared together. Chris Becker said that Council was not doing anything illegal by not taxing dividends and gambling earnings and that he would make the changes in the Ordinance. Jason Mattern said that he would like to have a representative come to discuss with Council so they could better understand the legalities of what should be contained in the document. Vote: Robert Cochrun yea, Jason Mattern nay, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 4-1 Reports, Announcements and Communications Mayor Dave France read the May 2007 Police, Magistrate and Code Enforcement Reports. Mayor Dave France reminded residents of the large item trash pickup each Monday in June. Administrator's Report Walt Ziemba said that he was planning a meeting to update Garden Drive and Meadow Road Residents on the project and assessment costs on June 19, 2007 at 7:00 PM. Walt Ziemba told Council that he had included in their packet updated information from the Attorney General's Office concerning "Games of Skill". Walt Ziemba told Council members that he had a copy of an agreement in their packet of information regarding sludge management and asked that they approve him to enter into a contract with Buckeye Industrial Mining Company to recycle Village Sludge. Motion by Robert Martin Sr., second by Robert Cochrun to authorize the Administrator to enter in to an agreement with Buckeye Industrial Mining to accept sludge from the Village. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Walt Ziemba said that he had included in Council's packet a letter from a firm that is interested in reviewing the Village's employee health care coverage to see if they could determine a better solution for the Village. Bob Gale asked the Administrator to see if the current employee coverage could be extended until December 31, 2007. Walt Ziemba reported that Comcast had notified the Village of two cable channel changes. He said that Channel 65 would now be 146 and that channel 52 would become channel 179. Walt Ziemba told Council he had received a quote to repair a leaky roof at the Waste Water Treatment plant for $10,100. He said that he would discuss this at the next Finance Committee Meeting. Walt Ziemba said that he had received a quote to put a chain link fence around the Sunset Garden Tot Lot for $2105. Walt Ziemba told Council that they had two proposals (from W.E. Quicksall and Assoc. and Hammontree and Associates) in their packets. He said the proposal, were for engineering services to conduct a Sewer System Evaluation Survey. Walt Ziemba told Council they had in their packets information concerning the proposal submitted to the Jefferson County Commissioners for Recreation funds. Walt Ziemba told Council that he had listed for them the priority list for Village infrastructure projects. Walt Ziemba told Council he would need approximately $21,500 additional funds above the funds allocated in the budget to pay for resurfacing Crawford and Moore Streets. Council and the Administrator agreed to discuss this further at the next finance committee meeting. Unfinished Business Walt Ziemba told Council that a message will appear on next month's water bills concerning resident's alerting the Village about water breaks. Chris Becker told Council that the pillars at the entrance of Sunset Gardens were not the responsibility of the Village, since they were on private property. Ed Laman, Chief of Police, told Council that the person who had damaged the pillar would be taking care of paying for the damage by the end of the summer. Motion by Robert Martin Sr., second by Bob Gale to authorize the administrator to spend up to $4000 to demolish the property at 131 Orchard. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Robert Cochrun said that Dr. Petrolla would like a written opinion from Chris Becker regarding the zoning of the property around the former elementary school. Council briefly discussed the idea of sponsoring a holiday parade since the Betterment Committee may not be able to coordinate the event this summer. Walt Ziemba said that Jack Gilmore may be available to meet with Council sometime in June to discuss the odor problems in Sunset Gardens. Matt Parise asked that the residents of that area be informed of any meeting concerning this issue. New Business Jason Matter said that he would be meeting with employees around 9:00 AM on June 27 to discuss handling hazardous materials. Transfers Motion by Robert Martin Sr., second by Jason Mattern 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. Motion passed 5-0. Payment of Bills Motion by Robert Martin Sr., second by Matt Parise to pay bills approved by Council as funds become available. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Executive Session Motion by Robert Martin Sr., second by Bob Gale to go into executive session to discuss pending litigation and personnel matters. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Motion by Robert Martin Sr., second by Matt Parise to return to regular session. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Motion by Robert Martin Sr., second by Jason Mattern to adjourn. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Next regular scheduled meeting is June 14, 2007 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