Regular Council meeting Thursday, June 15, 2006 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 Bob Gale asked that the opinion given by Solicitor Chris Becker regarding the statement by the Herald Star reporter questioning the right of an executive session be added to the minutes Motion by Bob Gale, second by Thomas Bottorf to approve the minutes as amended for the regular Council meeting on June 1, 2006. 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 Bob Kalbaugh, Wintersville Betterment Committee, gave Council members an update on the work being done on the park area near Chase Bank. He also told Council that the Betterment Committee would have a tent set up at the Thunder in the Valley. He said that they would be selling children's bracelets, coordinating balloon rides, doing face painting and selling 3-D glasses to wear during the fireworks. He told Council that they would be conducting a membership drive this summer. In response to a question by Robert Martin Sr. he said that they were still working on a sign for the park but had not completed this yet. Reading of Ordinances and/or Resolutions Ordinance 2006-13: An Ordinance creating the elected position of Clerk Treasurer was read for the third time. Motion by Matt Parise, second by Robert Martin Sr. to approve Ordinance 2006-13. Discussion of the Motion Thomas Bottorf said that he wanted to go on record for his opposition for the Village to have an elected Clerk Treasurer instead of one appointed by the Mayor and approved by Council because the Village could end up with someone who was not qualified at the position. He said the previous Council had made this decision and that it was a mistake to revert back to the elected Clerk Treasurer because of the expertise needed including, technology skills and accounting background, needed to function in the position. Matt Parise said that the previous Council was split in this issue (3-3) and that he felt that the Clerk Treasurer needed to be independent of the body that could hire and fire him or her and only be beholding to the resident's who elected him or her. Vote on the motion: Robert Cochrun yea, Jason Mattern nay, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf nay. Motion passed 4-2. Matt Parise suggested that Bob Gale, president of Council, take the Ordinance down to the Board of Elections after the Ordinance had been posted for the required amount of time, since the Ohio Revised Code said that it was Council's responsibility to submit this change. Ordinance 2006-14: An Ordinance combining the duties of Clerk Treasurer was read for the third time. Motion by Matt Parise, second by Robert Martin Sr. to approve Ordinance 2006-14. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf nay. Motion passed 5-1. Ordinance 2006-15: An Ordinance enacting section 941.05 entitled Sewer Charge Credit for verifiable water breaks was read for the third time. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2006-16: An Ordinance enacting section 933.11 entitled Single Tap for Multiple Users Structures prohibited was read for the third time. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2006-17: An Ordinance for Single tape rate multiple users was read for the second time. Council discussed some minor changes that was needed in the wording of Ordinance 2006-17 and that a separate Ordinance regarding sanitation that needed to be developed for multiple users with a single tap fee. Mayor Dave France suggested that the committees iron out these language issues at committee meetings in the future. Kurt Vandeborne, representing Freshwater Homes, said that the language in Ordinance 2006-16 was confusing on how the apartments would be billed. Matt Parise explained how the owners of the multiple structures would be billed. He also explained that Meridian Green would be given time to get up to full occupancy before being billed for all their dwellings. Thomas Bottorf suggested that adding the base rate for water bills in the Ordinance might help clarify how the owner would be billed. Robert Martin Sr. suggested putting off the final reading of the Ordinance until Council could review the revised language. Thomas Bottorf said that the Administrator and the water department clerk needed to meet with Meridian Green Management to see how their occupancy was coming and when they might have full occupancy. Robert Martin Sr. said that Meridian Green's management needed to be invited to a Water Committee meeting or a Council Meeting to make sure they understood how the water, sewer and sanitation billings would be handled. Ordinance 2006-19: An Ordinance revising the Codified Ordinances was read for the first time and declared and emergency. Motion by Robert Martin Sr., second by Jason Mattern to suspend the rules and read Ordinance 2006-19 for the second and third times. Ordinance 2006-19: An Ordinance revising the Codified Ordinances was read for the second and third times. Motion by Bob Gale, seconded by Robert Cochrun to approve Ordinance 2006-19. 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 2006-20: was read and approved under the Administrator's Report. Reports Announcements and Communications Mayor Dave France read the may 2006 Police Report Mayor Dave France reviewed the Spring Cleanup schedule for June. Mayor Dave France said that the Wintersville Betterment Committee would be meeting June 21 at noon. Mayor Dave France reminded everyone that the Thunder in the Valley event would be June 23rd and 24th and for residents to contact Gary Folden if they wanted to be in the parade. Mayor Dave France reminded residents that Village Offices would be closed July 4th for the holiday. He said the only sanitation schedule change would be Tuesday's collection which be on Monday that week. Robert Martin Sr. said that the Village's insurance company gave the Recreation Committee some advice on establishing activity at the parks. He said that a pilot program would be started at the Walnut Park with two people working at the park. Motion by Robert Martin Sr. second by Matt Parise to have the Administrator purchase the list of recreation items that cost between $5000.00 and $6000.00 and start the process of hiring two employees to work at Walnut Park providing that the Solicitor and the Village's Underwriter reviewed and approved the process. Discussion on the Motion: Chris Becker emphasized that no employees should start working until the underwriter gives the Village the green light on the program. He said that the employees needed to sign a statement that they read the program manual. Bob Gale said that the program would only run for six weeks and that the underwriter had been given a guide for the program to review. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Administrator's Report Walt Ziemba said that the Ordinance Committee needed to discuss whether foundations are required for modular homes. Mayor Dave France said that their were questions regarding swimming pools that the Ordinance Committee needed to discuss as well. Walt Ziemba said that he had given Council a copy of a letter that he sent to Jim Branagan to discuss the road name regarding Fernwood Road. Walt Ziemba said he had obtained an estimate of the cost of the material to put timers on the 97 utility poles. He said the estimated cost was $7320. for the materials and labor. The quote also said that the Village would provide a bucket truck and driver for the work. Motion by Robert Martin Sr., second by Jason Mattern to authorize the Administrator to spend up to $7320 for the timers for the utility poles and the labor to install them. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Walt Ziemba told Council that a new controller needed to be installed at the light at 43 and Fernwood Road. He said that Traffic Control Equipment had performed work already at this light and that the cost of this work and the cost to buy and install a new controller would cost the Village $3250.75. Motion by Thomas Bottorf, second by Jason Mattern to pay for the work performed on the traffic light at Fernwood Road and to have a new controller installed at the location for a cost not to exceed $3250.75. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Walt Ziemba said that O.D.O.T. had proposed that the Village maintain the traffic light that will be installed outside the Village limits on Route 43. He said the state would pay the Village $2000.00 annually to maintain the light and would also reimburse the Village for any repair costs that exceed a certain dollar amount. After some brief discussion by Council it was agreed to discuss this matter at a Street Committee meeting. Walt Ziemba reviewed the Spring Cleanup schedule for the remainder of the Month. Walt Ziemba said that two CDBG hearings had been held so far on the Garden Drive/Meadow Road project. Robert Martin Sr. was excused to leave the meeting at this time. Walt Ziemba asked Council that they approve a resolution regarding an application for assistance under the Job Ready Sites program in conjunction with Project Alliance who were actually applying for funds to help with marketing the area on Route 43. Resolution 2006-20: A resolution supporting the C.I.C.'s application for marketing funds was read for the first time. Motion by Thomas Bottorf, seconded by Bob Gale to suspend the rules for the second and third readings of Resolution 2006-20. Vote: Robert Cochrun yea, Jason Mattern yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Resolution 2006-20: A resolution supporting the C.I.C.'s applying for an application regarding marketing funds was read for the second and third times. Motion by Matt Parise, seconded by Thomas Bottorf to approve Resolution 2006-20. Vote: Robert Cochrun yea, Jason Mattern yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Walt Ziemba said that he had included in Council's packet a copy of the current agreements with the County regarding water and sewer services. Walt Ziemba said that HRG Consultants were available to meet with the Villages Water Committee. It was decided to set up a Water and Sewer meeting at 7:00 PM on Thursday June 22, 2006 to meet with HRG and to discuss other water matters. Walt Ziemba said that the final delinquent water and sewer policy had been placed in Council's Packet. Chris Becker said he would research how other communities notify customers who are going to have their water shut off. Walt Ziemba said that the Woodridge property was scheduled for auction on July 20, 2006 at 5:30 PM. Walt Ziemba told Council that the Leonard Ave. Building had been recently vandalized and that he recommended that Council sell that property as well, and use the proceeds to build additional storage at the Municipal Building. Unfinished Business Walt Ziemba said that he had proposed to Jim Rice to put in fill dirt to help the problem near his property. Matt Parise said that the telemetry issue had been dragging on too long and that he would like a schedule of completion and an answer on whether the county would be paying half the cost of the fill by the next meeting. New Business Bob Gale thanked everyone that worked on the recreation issues. Bob Gale said that the residents needed to be told why the flags were not put up for Memorial Day. May Dave France said that they would be up for the Fourth of July. Matt Parise said that the Leonard Ave. building was an eyesore and suggested that plexiglass be installed to stop future vandalism. Council agreed to discuss whether to sell, tear down, or fix up the Leonard Ave. building at a Finance Committee Meeting. Bob Cochrun thanked the Village crews for their work during the Spring Cleanup. Matt Parise said that he would like to be notified if their were any meetings on the Walking Trail that the Mayor had discussed. He also reminded the Mayor that the meetings needed to be publicized. Motion by Thomas Bottorf, seconded by Bob Gale to approve the transfers prepared by the Clerk Treasurer Mike Payne. Vote: Robert Cochrun yea, Jason Mattern yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Thomas Bottorf, seconded by Bob Gale to pay bills as funds become available that were approved by Council. Discussion on the motion: Matt Parise said that payment to EMR should only be for the invoices submitted and not for the estimate for the cost of timers. Matt Parise also said that the bill from Hopedale for parts that were for a starter for the truck sold to that Village should not be paid until a proper invoice was submitted and the balance of the truck was paid for. Matt Parise also said that an invoice was needed for the reimbursement paid to the Administrator. Vote: Robert Cochrun yea, Jason Mattern yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. For the Good of the Village Betty Stinard, Powells Lane, said that weeds were growing out of the sidewalk near the corner of Route 22 and 43. She also said that their were cigarette butts gathering in that area. Motion by Thomas Bottorf, seconded by Matt Parise to go into executive session to discuss negotiation of sewer easements and a criminal complaint. Vote: Robert Cochrun yea, Jason Mattern yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by bob Gale, second by Matt Parise to return to regular session. Vote: Robert Cochrun yea, Jason Mattern yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Thomas Bottorf, seconded by Matt Parise to adjourn. Vote: Robert Cochrun yea, Jason Mattern yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Next regular scheduled meeting is July 6th 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