Regular Council Meeting Thursday, July 6, 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 Motion by Robert Martin Sr., second by Bob Gale to approve the minutes of the Regular Council Meeting held on June 15, 2006. Discussion on the Motion: Thomas Bottorf said he had a correction to a statement made at the previous Council meeting but that he would bring this up later in the 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 Dave Zatta discussed a business he wanted to open in Wintersville that involved "games of skill". He said that the reason he was appearing before Council was to get their blessing for his new business. He said that he was looking at leasing property behind the Goodwill Building and would be open daily for patrons. He said that his hours would be approximately 11:00 AM to 1:00 AM daily. He also said he hoped to start with 30 machines and would employ 12 individuals at this establishment. He said that patrons who won on the machines would not be paid in cash, but would be awarded money orders or redemption prizes such as gas cards. Dave Zatta told Council that many Ohio residents were going to Weirton to gamble at their establishments and that his proposal was a way to keep some of the business in Ohio. He said that the type of machines that he was proposing had already been in use at many locations in Ohio, including Jewett. Chief Laman told Council that it was his understanding that these machines had been ruled "games of skill" and that the Village should give Mr. Zatta a chance to try this business. He said that Ohio law prohibits alcohol from being served at locations that operated these machines. He said that he had no knowledge that there was any increased crime at locations where these machines operated. He added that he did not think that this business would require any additional security, but, he would provide it if needed. Thomas Bottorf questioned where all the patrons would park, since this area already had businesses that took up most of the parking. Dave Zatta said that if parking was a problem, he had already spoken to Mr. Ferguson about a "park and ride" from across the street. He also said that he could look at other spots to locate his business. Chris Becker told Council that in his opinion this operation would be illegal and was a form of gambling. He said that even though there had been an appellate court decision in Ohio that this was not gambling, this had not been decided by the 7th District court that Wintersville resides in, or by the Ohio Supreme Court. Bob Gale said that he also felt that this was gambling, and felt that this situation needed to be looked at very quickly because he did not Wintersville to be become another Weirton. John Synodinos said that he agreed with Thomas Bottorf about the potential parking problems that would be caused if the business was located behind the Goodwill building. He also agreed with the Solicitor that this was a form of gambling. Bob Gale said he would like to see this issue be discussed at an Ordinance Committee Meeting. Debbie Bottorf said that she worked at a business behind the Goodwill building and that this new business would make parking a much bigger issue than it already was. Reading of Ordinance and/or Resolutions Ordinance 2006-17: An Ordinance for Single tap rate multiple users was read for the 3rd time. Chris Becker said that the changes made to the final version of this Ordinance did not constitute a material change and therefore Council did not need to start over with the first reading. He also said that he would be bringing forward Ordinances to address the Sewer and Sanitation situations for this same issue. Motion by Thomas Bottorf, second by Robert Martin Sr. to approve Ordinance 2006-17. Council discussed putting approval of this Ordinance on hold until the Sewer and Sanitation Ordinance, were prepared and read three times. Motion by Robert Martin Sr., second by Bob Gale to table the vote on the motion to approve Ordinance 2006-17. 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 2006-21: An Ordinance certifying delinquent water fees to the Jefferson County Auditor was read for the first time. Ordinance 2006-22: An Ordinance certifying delinquent sewer fees to the Jefferson County Auditor was read for the first time. Reports, Announcements and Communications Mayor Dave France read the Magistrate, Police, and Code Enforcement Reports for June 2006. Mayor Dave France said that the Wintersville Betterment Committee would meet July 19, 2006. Administrator's Report Walt Ziemba presented Council with a list of 20 open work orders. Walt Ziemba told Council that their packet contained a letter that he sent to Jack Gilmore regarding the county paying for half of the fill costs paid by the Village for fill at the telemetry site. Walt Ziemba told Council that there was a letter in their packet to Jim Rice concerning his property that had been an issue. Walt Ziemba said that he had a bid packet ready to go for companies to bid on for disposal of the Village's refuse. He told Council that August 17, 2006 at 2:00 PM was the deadline for these bids to be returned. Walt Ziemba told Council that their packet contained the parent release form for parents to sign before children could participate in the summer recreation plan. He told Council that he had not had any responses yet to the ad for the playground hostess to run the program. Walt Ziemba opened up 3 quotes for demolition of the Leonard Ave. Building. Wells Excavating $3945.00 Geno Morelli $9250.00 Yeager Contracting $9250.00 Walt Ziemba told Council that a pre-construction meeting would be held on July 7, 2006 at 1:00 PM in New Philadelphia for the Route 43 project. Walt Ziemba told Council that he would be sending several employees to the Storm Water Training that would be held at Jefferson Community College on August 11th. Walt Ziemba told Council that he would discuss with Robert Laukert about the Regional Council Meeting of Governments that would be held at the RITA offices on July 18th. Walt Ziemba told Council that he had included in their packet a final version of the delinquent utility policy that would be effective August 1, 2006. Walt Ziemba told Council that he had been contacted by a local insurance company about quoting the Village's Health Insurance. Walt Ziemba told Council that he had been approached by an Indian Creek High School student, (Parent, Linda Tate) who offered to paint the Gazebo on Winters Drive if the Village provided the supplies. Thomas Bottorf asked that the Gazebo have some minor carpentry work done to it before painting. Walt Ziemba said that he would have the Code Enforcement Officer follow up on making sure the businesses at the Treasure Island Flea Market were all registered businesses and be reported to RITA to help collect any income tax due to the Village. Walt Ziemba said that crack sealing would take place the week of July 10 on the following streets: Leonard Ave., North Avalon, Avalon Estates, Stardust Drive, Milky Way, Troy Place, South Avalon Drive, Sam's Way, Rainbow Drive, Skyline. He said that no parking would be allowed on those streets between 8:00 AM to 4:00 PM that week. Walt Ziemba reported that the auction of the Woodridge Building would take place at 5:30 PM at the site on July 20th. Bob Cochrun said that he had been approached by several senior citizens about the idea of using this location for a Senior Citizen Center. Matt Parise said that several people on Council thought that using either the Leonard or Woodridge properties for a Senior Meeting place would be an excellent idea. Bob Gale said that the Village needed to pursue looking at the Leonard Ave. Building for a Senior Center but the Village should proceed with the auction of the Woodridge property. Unfinished Business Walt Ziemba said that LED's had been installed on all the Village traffic lights. Chris Becker said that Jack Gilmore would be coming to the August 17, 2006 Council meeting to address Council on water negotiations with the County. Council agreed to change this time to 6:00 PM and make it a Special Council Meeting prior to the Regular Council Meeting. Thomas Bottorf said that the water and sewer committee recommended that the Village allow water and sewer services to customers outside the Village on a "case by case" basis provided that the go though the annexation process as soon as they become contiguous to the Village borders. Robert Martin Sr. congratulated Jesse Kosegi for winning 2 Gold Metals at the recent Fire and Police Olympics. Mayor Dave France said that he and the Administrator had been looking at a specific location for a walking trail, but had not called a meeting of the committee he had formed on this idea yet. Matt Parise questioned why decisions on this trail location were being made without input from the committee. Mayor Dave France said he would contact the committee members and discuss the project with them. Thomas Bottorf said that the chemical consultant used at Timet would probably be happy to discuss the HRG report with Village officials. Thomas Bottorf said that at the June 15th Council meeting Mat Parise made the statement that the previous Council had been split 3-3 on the issue of changing the Clerk Treasurer position from elected to appointed. He said that the previous Council had actually voted 4-0 on the third read of the Ordinance making the change. Matt Parise asked the Solicitor his opinion on whether it was permissible for several Council Members to attend a tour of the Toronto Water plant at the same time. Chris Becker told Council that this was permissible as long as no business was discussed while they toured the facility. Motion by Thomas Bottorf, 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 Thomas Bottorf to pay bills approved by Council as funds become available. Discussion on the Motion Matt Parise questioned the payment of a past due amount on the Cingular Cell phone bill. Matt Parise questioned why the Village was still paying for cough drops and aspirin in the first aid kits. Chief Laman said that his officers sometimes worked long hours with sore throats and headaches and these items were needed. For the Good of the Village John Synodinos said that he was concerned about the safety of children regarding an underground pool located on Stardust Drive that did not have a gate to keep young kids out. Council said they would address this issue at the next Ordinance Committee meeting. Rob Barker, Starkey Blvd., said that he would be paving his business at 350 Cadiz Road. He also asked who was responsible for the water run off problem at this location. Walt Ziemba said that the business there was below grade and that Mr. Barker would be responsible to make improvements on his property to handle any water run off. Chris Becker said that unfortunately that Village had many hills that put the property owners at the low end of these hills at the mercy of water run off problems. Robert Martin Sr. said that if this problem was caused by the Village, then the Village should help fix the problem. Rob Barker said that the cost according to Davis Contracting to help divert this water would be approximately $330-$500 dollars on top of the cost of the paving work that he was having done. Motion by Bob Gale, second by Robert Martin Sr. to clean up the catch basin in that area and to put a small lip of asphalt in front of 350 Cadiz Road to help divert water run off on this property. Discussion on the Motion Chris Becker told Council that it was not the Village's responsibility to pay for improvements for property owners who had water run off problems just because they were the lower property owner. Bob Gale said that he thought the Village had put similar lips in other parts of the Village, but he would withdraw his motion. Motion by Robert Martin Sr., second by Mat Parise to go into executive session to discuss pending litigation regarding an easement situation. 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 Mat Parise to return to regular session. Vote: Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. (Bob Cochrun had temporarily stepped away from the Meeting) Motion passed 5-0. Motion by Robert Martin Sr., second by Matt Parise to adjourn. Vote: Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Next Regularly scheduled meeting is Thursday July 20, 2006 at 7:00 PM. A Special Council Meeting has been scheduled to take place on August 17, 2006, at 6:00 PM preceding the regular council meeting at 7:00 PM that day. Disclaimer: These are a draft of the minutes and not deemed official until approved by Council. Mike Payne, Clerk Treasurer Dave France, Mayor