Regular Council Meeting Thursday, July 20, 2006 Mayor Dave France called the meeting to order. Roll Call: Robert Cochrun present, Jason Mattern present, Robert Martin Sr. (arrived later in meeting), Bob Gale present, Matt Parise absent, Thomas Bottorf present. Officials: Mayor Dave France, 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 Thomas Bottorf, second by Bob Gale to approve the minutes from the regular Council meeting held July 6, 2006. Vote: Robert Cochrun yea, Jason Mattern yea, Bob Gale yea, Thomas Bottorf yea. Motion passed 4-0. Person Appearing Before Council None. Reading of Ordinances and/or Resolutions Ordinance 2006-21: An Ordinance certifying delinquent water fees to the Jefferson County Auditor was read for the second time. Ordinance 2006-22: An Ordinance certifying delinquent sewer fees to the Jefferson County Auditor was read for the second time. Ordinance 2006-23: An Ordinance regulating skill based amusement machine establishments was read for the first time. Chris Becker briefly summarized the contents of the ordinance. He said that the Ordinance restricted the number of machines allowed per establishment and the distance away from schools, churches, and bars that was required to locate a place that housed these machines. Motion by Bob Gale, second by Robert Cochrun to suspend the rules for the second and third readings of Ordinance 2006-23. Vote: Robert Cochrun yea, Jason Mattern yea, Bob Gale yea, Thomas Bottorf yea. Motion passed 4-0. Robert Martin Sr. arrived at the meeting at this time. Motion by Bob Gale, second by Robert Cochrun to approve Ordinance 2006-23. Discussion of the motion: Thomas Bottorf asked that the establishments that housed the games be required to be at least 2000 feet away from schools, churches, bars, etc. instead of 1000 feet. Robert Martin Sr. said that he would not like to see these machines in the Village at all. Chris Becker said that he was more certain than ever that these machines were games of chance and not games of skill, but the Village can't outlaw games of skill from the Village, but could only restrict them. Council agreed to changing the number of games allowed per establishment to1 instead of 5 that was contained in the original Ordinance. Vote on the Motion: To approve Ordinance 2006-23 with the changes discussed. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Thomas Bottorf yea. Motion passed 5-0. Ordinance 2006-24: An Ordinance authorizing the Mayor to submit a CDBG Grant was read for the first time. Motion by Robert Martin Sr., second by Robert Cochrun to suspend the rules for the second and third readings of Ordinance 2006-24. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Thomas Bottorf yea. Motion passed 5-0. Ordinance 2006-24: An Ordinance authorizing the Mayor to submit a CDBG Grant was read for the second and third times. Walt Ziemba told Council that he would let them know in late August if the Village had been awarded the grant request of $500,000 to help with the water line project in Garden Drive. Motion by Thomas Bottorf, second by Robert Cochrun to approve Ordinance 2006-24. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Thomas Bottorf yea. Motion passed 5-0. Resolution 2006-25: An Resolution concerning Anti-Displacement and Relocation Assistance was read for the first time. Motion by Robert Martin Sr., second by Thomas Bottorf to suspend the rules for the second and third readings of Resolution 2006-25. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Thomas Bottorf yea. Motion passed 5-0. Resolution 2006-25: An Resolution concerning Anti-Displacement and Relocation Assistance was read for the second and third times. Motion by Thomas Bottorf, second by Bob Gale to approve Resolution 2006-25. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Thomas Bottorf yea. Motion passed 5-0. Reports, Announcements and Communications Bob Kalbugh, Wintersville Betterment Committee, gave a report on the Thunder in the Valley fund raiser that they recently held, and discussed other projects they were currently involved with. He said that they were working with Walker Brothers Circus to come to town on August 19, 2006. He said that this would be a fund raiser for the committee and that the Village only needed to supply the location (which has already been approved to be located at the Treasure Island Parking area), a water spigot, and small dumpster. Bob Gale suggested that the Administrator contact the Village's insurance carrier about any liability issues with bringing the circus to the Village. Mayor Dave France said that he planned to hold a meeting regarding the walking trail next week. Jason Mattern said that the Ordinance Committee had met and discussed a swimming pool gate/fence Ordinance and the gaming issue. Chris Becker said that there was no state law concerning gates around swimming pools but there is civil law that deals with this issue. He said the Village was under no obligation to set up an Ordinance dealing with this issue but could incur some slight liability if the Village did establish an Ordinance concerning this matter and did not follow up on those not following the Ordinances. Administrator's Report Walt Ziemba said that the recent survey to accompany the grant packet going out Monday produced 477 responses. Walt Ziemba said that he had been requested to attend a Richmond Council Meeting to discuss their Village pumping sewage to Wintersville's system. He said that he told the Richmond Council to submit a formal letter to Wintersville regarding their request. If Wintersville would want to accept sewage from Richmond the first step would involve the Ohio EPA and the earliest any agreement could be finalized and the sewage pumped to Wintersville would be in 2008. Walt Ziemba said that to take off the old wood and install plexiglass at the Leonard Ave. Building would cost approximately $1200 to $1500 to do 20 windows. Robert Martin Sr. said he would call a recreation meeting to discuss whether the Village should consider using this building for a Senior Citizen Center. Walt Ziemba announced that the high bidder for the Woodridge Ave. Building had bid $55,000.00. Unfinished Business Walt Ziemba reminded Council that Jack Gilmore would be addressing Council on August 17th at a Special Meeting at 6:00 PM to discuss water issues and the telemetry issue as well. Walt Ziemba said he would be meeting with Nick Bressler to discuss landfill services. Walt Ziemba said that the Gazebo would be painted by several Indian Creek Students on July 24th. New Business Robert Martin Sr. said that Mr. Wedlake would like to sell the Village property he owns near a Village playground for $1000. Mayor Dave France said that he had received several complaints about truckers using their "Jake" Brakes on Fernwood Road. Walt Ziemba said he would follow up on this matter. Bob Gale said that he commended Dave Zatta for coming to Council to discuss his proposal for opening up an establishment. He said that this issue was something that Council needed to discuss in detail and expressed disagreement with the Mayor on limiting time for discussion on this issue. Mike Payne explained to Council how the County had under billed the Village over the past five months and that he had reviewed the corrected bill that had been sent to the Village that was for approximately $130,000. Motion by Thomas Bottorf, 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, Thomas Bottorf yea. Motion passed 5-0. Walt Ziemba said that he would be bringing a proposal for the next meeting regarding purchasing generators to use during power outages. Motion by Robert Martin Sr., second by Robert Cochrun to pay bills as funds become available. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Thomas Bottorf yea. Motion passed 5-0. For the Good of the Village Mrs. Kettlewell spoke against any type of gambling machines being allowed in the Village. Betty Stinard said that there was still a problem of grass growing in the sidewalks near the corner of 22 and 43. Walt Ziemba said that the had sent someone there to address the problem. Bonnie Hunt, Sam's Way. Said that having a Senior Citizen Center was a good idea but that there was not enough parking at the Leonard Ave. Building to have a center located there. Travis Hunt, Sam's Way complimented the Mayor and the Village building inspector, Chuck Antill, for their help with several issues. He said that he approved of the manner in which Council was dealing with the gambling issue. Motion by Robert Martin Sr., second by Robert Cochrun to adjourn. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Thomas Bottorf yea. Motion passed 5-0. Next regular scheduled Council meeting is August 3, 2006 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