Regular Council Meeting Thursday, July 19, 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 from the regular Council Meeting held July 5, 2007. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Reading of Ordinances and/or Resolutions None. Persons Appearing Before Council Ray Sacoccia introduced Craig Kind from Capital Recovery Inc. to Council. Mr. Kind spoke to Council about his debt recovery Business. He told Council that his business represented many Municipalities and primarily helped collect debts relating to Mayor/Magistrate Courts. He said that if the Villages used his company to collect debts that Wintersville would not be out any costs because all collection costs were paid by the debtor and that any funds collected were first applied to the Villages amount due before his firm received any funds. He explained that this offer could be extended to the Village’s unpaid water bills as well but Council would first need to pass an ordinance that would allow this practice to pertain to utility collections. Thomas Bottorf said that he would set up a Finance Committee meeting to further discuss the possibility of using Capital Recovery for Village collection services. Mayor Dave France asked that Jim Abrams and Chief Laman be asked to attend any meetings that pertained to collection efforts for the Magistrate Court. Kim Petrisko, asked Council to stop construction on the planned parking lot at Sienna Nursing Home. She read a letter that she had earlier sent to Council that listed reasons why she thought that the parking lot should not be allowed to be constructed near her property. She also said that if the parking lot was allowed to go forward she and her family were prepared to start legal action on the matter. Chris Becker said that the Village was not in a legal position to prevent the parking lot from being constructed since the Sienna Woods property resided in a business zone. He said that there were issues listed in her letter to Council that could be addresses by changing or creating certain ordinances, but those could not be passed in time to prevent any affect on Sienna Woods from constructing their planned parking lot. He told Kim Petrisko that although the Village had no legal grounds to prevent this parking lot, she had the right to obtain private Council to represent her and her family to pursue the matter or to meet with the nursing home officials to discuss her concerns. Robert Martin Sr. asked if Mrs. Petrisko if she had met with the officials at Sienna Woods regarding this matter. Kim Petrisko said that this decision to build the parking lot had occurred so fast that she had not approached them regarding this situation. Chuck Antill updated Council on what he knew of this parking lot situation. He said that no building permit had been obtained by Sienna Woods yet, but they had submitted plans and had the surveying done for the lot construction. Robert Cochrun said that the ordinance Committee would meet to discuss any possible changes to the Village Ordinances that might help alleviate some of these concerns in the future. Matt Parise said that if Sienna Woods needed any variances for Construction of the parking lot or other construction that the residents in the area be invited to discuss their concerns. Robert Laukert, Village RITA Representative, told Council that their might be a delay in getting information from RITA representatives that had been previously discussed concerning language for the tax Ordinance. Charles Prentice, Orchard Place, thanked Robert Martin Sr. and Bob Gale for their efforts regarding the park improvements. He also said that he was glad that Council had approved the demolition of the empty house on his street. He asked Council if they would take some type of action regarding the landscaping material and tires that were located near the top of the street. Walt Ziemba said that he had discussed this situation with the owner of the property and she had agreed to take care of the situation within the week. Eugene Smith, Orchard Place, also complained about the problem at the top of the street. He also mentioned that there was now an abundance of cats hanging around the recently demolished building on Orchard Place. Robert Martin Sr. said that the problem at the top of Orchard Street needed to be taken care of as soon as possible to prevent an accident from happening. He also said that the work at the site of the demolished property needed to be finished. Robert Cochrun said that the material at the top of Orchard needed to be moved. Mrs. Blackwell, Orchard Street, said that the problem at the top of the road had existed for over a week and needed to be taken care before an accident occurred. Walt Ziemba said that he would have Village employees move the material on Friday. Reports, Announcements and Communications Mayor Dave France said that painting done by local residents would be rotated on display near the entrance of the Village building. Mayor Dave France reminded residents that cans would be picked up on Saturday at 10:00 AM. Mayor Dave France read the June 2007 Police Report. Administrator’s Report Motion by Matt Parise, second by Thomas Bottorf to authorize the Administrator to advertise for bids to pave Crawford Ave. and Moore Ave. 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 he had given residents of Sunset Gardens an update of the project in their area including the most recent estimate of the assessment costs that would be levied on their property taxes. Matt Parise asked he Administrator if he had prepared an estimate for Village crews to move the fire hydrants in Sunset Gardens. Walt Ziemba said the Village crews did not have the time or the equipment to move the hydrants. Bob Gale asked if $500 an hour is what Yeager Contracting would be charging the Village to move the hydrants. Walt Ziemba said that $500 an hour is the rate that had been charged previously for this type of work. He said that he would get an estimate for Village crews to move the hydrants. Matt Parise suggested that the work be done at night between 9:00 PM and 6:00 AM to have the least impact on residents not having water service. Walt Ziemba told Council that the waterline plans had been approved for Meridian Green, Phase II. Walt Ziemba told Council that he had put in their packet of information regarding changes in the law regarding eminent domain. Walt Ziemba told Council that the cost of this year’s spring cleanup had been $3659.57. Old Business Robert Martin Sr. said that a small area near the Sustick Property needed to have the grass mowed. Chief Ed Laman said he had contacted the persons involved on this matter. Thomas Bottorf asked that the water problem on Karen Drive be placed on Unfinished business. Thomas Bottorf said that a Finance Committee Meeting was held on Tuesday, July 17 2007, and the Committee was recommending that Council move forward on the purchase of a new truck, replacing a roof at the Waste Water Treatment Plant and purchasing new pumps for the lift stations. Motion by Thomas Bottorf, second by Matt Parise to authorize the Administrator of obtain at least two quotes to repair the rood at the Waste Water Treatment Plant and to contract for the work to be done at a cost not to exceed $11,000. 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 Thomas Bottorf, second by Matt Parise to authorize the Administrator to purchase a new truck for the Public Works Department to replace truck #33 at a cost not to exceed $28,000 and pay for the truck from the General Fund of the Village. 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 Thomas Bottorf, second by Robert Cochrun to authorize the Administrator to spend up to $20,000 for new pumps at the Village lift stations. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. New Business Robert Martin Sr. said that the property owner on Garden Drive that had a tree knocked over by the Contractor working in that area and asked that have a new tree planted by the Village. Matt Parise suggested that the cost of the tree be charged to the contractor and held from the retainage amount for the project. Bob Gale suggested that the Village wait till fall to actually plant the tree. Chris Becker and Walt Ziemba discussed what needed to be done to complete annexation efforts currently in place. Chris Becker said that he would present Council with a resolution of necessity at the next meeting regarding the assessment for Sunset Gardens residents. He said that a equalization board meeting would need to take place and certified letters sent out to all residents regarding the final assessment amount. Mayor Dave France said that he would be out of town for the August 2, 2007 Council Meeting. Mayor Dave France said that he had learned that federal funds designated for a study on completing a four lane highway from Route 22 to Columbus may now not be funded. He said that a meeting would be taken place on Friday at Jefferson Community College to discuss this issue. Transfers Motion by Robert Martin Sr., second by Robert Cochrun 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. Motion by Matt Parise, second by Robert Cochrun to go into executive session to discuss pending litigation. 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 Martin Sr. 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 Matt Parise, second by Robert Martin Sr. 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 will be August 2, 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