Regular Council Meeting Thursday, June 21, 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 Robert Cochrun to approve the minutes of the June 7, 2007 Regular Council Meeting. 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 Robert Laukert, representative to RITA for the Village, told Council Members that he would be able to have a RITA Representative attend the next Council meeting to discuss the Wage/Income Tax Ordinance. Ken Nelson, Village Employee and resident, brought up several issues regarding the proposed Wage/Income Tax Ordinance that he thought needed discussed or changed before the Ordinance was passed. John Synodinos, former Council Person and resident, said that he was glad to see that individuals on Council agreed with him that the tax was a wage tax and not an income tax. He thought that Council should vote on the Ordinance tonight and not debate the content any longer. Chris Becker told Council that the title of the Ordinance would not necessarily change the ability to change to tax net profits of businesses and rental income. Reading of Ordinances and/or Resolutions Motion by Bob Gale, second by Jason Mattern to table the Wage/Income Tax Ordinance 2007-03 and continue discussing the details of the Ordinance at the next finance committee meeting and to have the Ordinance ready for the final read within 30 days. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise nay, Thomas Bottorf yea. Motion passed 5-1. Ordinance 2007-11: An Ordinance limiting the use of Jake Brakes in the Village was read for the third time. Motion by Thomas Bottorf, second by Robert Cochrun to approve Ordinance 2007-11. Discussion on the motion: Bob Halm, Garden Drive, explained to Council that he was a truck driver and wanted Council to understand the safety reasons involved in Jake Brakes. He then explained to Council what Jake Brakes were and how they worked. Robert Cochrun said that trucks going on Fernwood Road make a lot of noise at all times of the day. He said that residents on that road have complained a lot about the noise. Chris Becker said that if any lawsuits would arise out of a case where a truck driver did not use his Jake Breaks to follow a Village Ordinance that the Village would fall under the sovereign immunity rules, and this would not increase the Village's Liability. Bob Halm, suggested that the Village send out letters to the truck companies using Fernwood Road about using alternative routes or to restrict their use of the Jake Brakes when possible. Motion by Bob Gale, Second by Matt Parise to table the Jake Brake Ordinance 2007-11 and discuss it further at a committee meeting. 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 said that June 25, would be the final Monday for the Special waste collection pickup. Administrator's Report Walt Ziemba told Council that the demolition quotes for the Orchard Street property were much higher than the $4000 that he had previously asked Council to authorize him to spend. He said that the quotes were included in their packets. He said that his recommendation to use for the demolition was the second lowest quote, Yeager Contracting in the amount of $6250 since the lowest quote had not shown proof of liability insurance. Motion by Robert Martin Sr., second by Robert Cochrun to authorize the administrator to spend an amount not to exceed $6250 for demolition of the Orchard Street property. 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 he expected that the demolition project would be completed within a week once the project started. Walt Ziemba told council that they had information in their packets concerning the Long Term Alternative Care facility. The information was from a consulting firm (Murer Consultants, Inc.) that had been obtained to oversee the regulatory, financial and clinical development of the facility. Walt Ziemba told Council that their packets also contained a legal opinion from the Solicitor regarding the effect of lot splitting of the property where the Long Term Alternative Care facility would be located. Matt Parise and Bob Gale asked that the residents in the area surrounding the location of the proposed facility be informed of any Planning Commission meetings concerning this facility. Walt Ziemba told Council that they had in their packets a priority listings of streets that he would like to have paved. He said that the Finance Committee needed to discuss how much they would like to spend on paving this year before they began working on them. Unfinished Business Walt Ziemba gave Council an up date on the water run off problem from Seinna Woods onto the Sustick Property. He said that the Seinna Woods Nursing Care Facility would be fixing the runoff problem along with another project that they would be doing this year. New Business Robert Martin Sr. said that a Recreation Meeting concerning the proposed pool project would be held at 11:00 Am on Saturday, June 25, 2007 at the Village Building. Council briefly discussed the moving of a second fire hydrant on Meadow Road. Bob Gale asked that the Administrator keep Council up to date on this issue and to supply a list of all change orders that made up the $51,000 of orders on the project to date. Bob Gale gave Council examples of other municipalities that have established rates of $1000 or higher for licensing skilled gaming machines. He said that the $900 he suggested for Wintersville was not high when compared to these municipalities. Chris Becker said that he would contact the solicitors of the communities that Bob Gale mentioned and talk to them about this matter. Bob Gale gave Council and update on the Fourth of July Parade. He reported that the parade now had 45 units committed and that another 30 invites had yet to respond. He asked that the route of the parade be expanded to go from Reisbecks to Krogers because of the large number of units. He also said that a number of other activities were planned around the parade including those for youth of the area. Mayor Dave France said that he would meet with the Police Chief to discuss the manpower available to extend the length of the parade. Motion by Bob Gale, second by Robert Martin Sr. to have the Vilalge match any donations by Elected Officials to help fund the parade activities. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Bob Cochrun asked the Solicitor for a status of the Day Care Annexation. Chris Becker said that he and Walt would discuss this issue on Monday June 25, 2007. Matt Parise said that the Village was in search of finding a company that would give the Village the best deal on upgrading and making the water meters in the Village more efficient. Thomas Bottorf said that the water committee had met with Jack Gilmore to discuss the odor issues in Sunset Gardens. He also said that the residents of that area were updated on the construction project in that area. Bob Gale asked that the residents of Sunset Gardens should all receive an update on the issues for their neighborhood since they all could not attend the recent meeting. Motion by Bob Gale, second by Robert Martin Sr. 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. Motion by Robert Martin Sr., second by Robert Cochrun 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, Thomas Bottorf yea. Motion passed 6-0. Walt Ziemba explained that the street sweeping bill from Total Lawn care was to help locate survey points in Sunset Gardens and to do a general cleaning during the construction project. For the Good of the Village John Synodinos said that he would like to see the Fourth of July parade extended from Reisbecks to Krogers since so many units had committed to the event. May Dave France said that the Betterment Committee had received sponsorship for 51 banners and the banners have begun to be installed. Motion by Matt Parise, second by Robert Martin Sr. for go into executive session to discuss a personnel matter. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Matt Parise second by Robert Cochrun to return to regular session. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Motion by Robert Martin Sr., second by Matt Pairse 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 Thursday, July 5, 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