Regular Council Meeting Thursday, August 2, 2007 Council President Matt Parise 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 absent. Officials: Mayor Dave France absent, 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 July 19, 2007. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Persons Appearing Before Council Hesam Mirani, Brittany Drive, explained to Council his position and objections to the construction of a parking lot at the Sienna Woods Nursing Home. He specifically mentioned that the nursing home facility was in violation of Village Ordinance 1335. He said that the 11 foot driveway at the facility will lead to an accident. He said that the parking lot will significantly increase water runoff problems. He suggested that the Village hire a professional Engineer to review Sienna Wood’s plans for the parking lot. Mr. Mirani said that he was not against the purpose of the Nursing home, but opposed any adverse that would be caused by their construction to the residents near the facility. He asked if he would be receiving a formal written response from the Village on specific issues and questions he had submitted to the Village. Chris Becker said he was not sure that he would get a written response on his requests. Matt Parise said that he would continue the dialogue between himself and Mr. Mirani. He said that Council would review all the information that Mr. Mirani had provided to Council Members and that the Village would give Mr. Mirani formal response in writing to his questions that he had previously submitted to the Village. Robert Martin Sr. said that he had not received a copy of his requests. He said he would like to talk to Mr. Mirani one on one about his issues and to get a copy of his requests. Jay Dziewatkowski, 111 Karen Place, told Council that he was concerned about potential water run off and sanitary problems with the proposed construction of the acute care facility that has scheduled ground breaking later this month. He asked if he could see certain documents and plans that the Village might have regarding the project. Matt Parise said that Mr. Dziewatkowski could submit a request for the documents he would like to see, but the Village may not have all the engineering documents he was referring to. Walt Ziemba said that the facility had secured all the necessary permits from the EPA and the County Soil and Water Agency. Bob Gale said that the ground breaking this month for the facility was just a photo opportunity and that the facility still has a lot of work to do to prepare for the start of construction. Jason Mattern said that he had discussed the facility with the engineering firm JD & E and he felt that they would be in compliance with all regulations. Charles Prentice, 333 Orchard Place, thanked Council for the cleanup of the property that had been demolished on his street and for the removal of the rocks at the top of the street. He said that there was still come rocks that needed to be removed in that area. He said that they were still on the Village right of way. Walt Ziemba said that the rocks had been removed back to the property line of the owner. Chris Becker explained to Council that the Village right of way just meant that the Village had access to the property and not that there could not be items on that property. He suggested that the Village might want to get this property surveyed to see if any rocks were still on Village property. Walt Ziemba said that he would see if Mr. McDevitt was available next week to review this situation. Bob Gale said that he would like to see a survey done at this site to make sure of where the Village stood regarding this situation. Reading of Ordinances and/or Resolutions Ordinance 2007-13: An Ordinance certifying delinquent water fees was read for the first time as an emergency. Motion by Robert Martin Sr., second by Robert Cochrun to suspend the rules for the second and third readings of Ordinance 2007-13. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Ordinance 2007-13: An Ordinance certifying delinquent water fees was read for the second and third times. Motion by Bob Gale, second by Robert Cochrun to approve Ordinance 2007-13. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Ordinance 2007-14: An Ordinance certifying delinquent sewer fees was read for the first time as an emergency. Motion by Robert Cochrun, second by Bob Gale to suspend the rules for the second and third readings of Ordinance 2007-14. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Ordinance 2007-14: An Ordinance certifying delinquent sewer fees was read for the second and third times. Motion by Robert Cochrun, second by Jason Mattern to approve Ordinance 2007-14. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Resolution 2007-15: A Resolution to approve a special Assessment on Sunset Garden Residents was read for the first time. Council discussed whether the final costs of the project would be known prior to the deadline to file with the County to set up the assessment on the taxes of the residents in 2008. It was agreed that the Village would review the status of the project at the next meeting. Reports, Announcements and Communications Council President Matt Parise read the July Magistrate, Code Enforcement and Police Reports. Administrator’s Report Walt Ziemba gave Council an update on Sunset Garden project. Walt Ziemba said that Village Crews had moved one of the fire hydrants in Sunset Gardens at the cost of about 40% of the quote given by Yeager Contracting. He said that Village labor to move the first hydrant was only $1,500.00. Walt Ziemba said that he would be presenting Council with paving bids at the next meeting for Crawford and Moore Streets. Walt Ziemba said that the completion date for the Route 43 project had been moved back to July 2008 instead of this fall. He said that several issues including water line and gas line breaks have forced a delay in the project. He said that ODOT officials are trying to have all the traffic patterns and proper lanes set by fall so there is no traffic backups during the winter. He said that he met with several business owners along state route 43 who have seen a decrease in business revenues because people are avoiding the construction. He said that ODOT officials were at the meeting. He said that some Business Owners are upset because a chain link fence is going to be put up by ODOT on the right of way on Sabina Drive. He said that Council may want to take up this issue with ODOT officials regarding this fence. Council President Matt Parise said that he would like to see a letter sent to ODOT opposing this fence being put up and that a meeting with the ODOT officials be requested. He said that two years ago ODOT officials said that the widening project would not affect businesses. He said that some Council members had opposed this project in the beginning. Bob Gale asked that the minutes of the meetings with ODOT be researched from two years ago to see if any record of ODOT’s comments about the impact on businesses was mentioned. Robert Laukert, former Council person, agreed that ODOT had said that the construction would be able to maintain an easy flow of traffic in that area. Walt Ziemba said that a water break on Two Ridge road had cost the Village approximately $1200. Walt Ziemba said that property owners near Sam’s Way were interested in annexation. Walt Ziemba said that Council needed to consider going back out for bid for sanitation services. Matt Parise and Robert Martin said that hey did not want to request the cost for an outside company to take over the Village sanitation services in this year’s cost request. Bob Gale said that the reason that was put in last year’s bid information was so that the resident’s could be assured that they were receiving a good value for the monthly sanitation amount the Village charges. Motion by Robert Martin Sr., second by Robert Cochrun to authorize the Administrator to send out for bid for sanitation disposal services in the same manner as the previous year except for the section that asked for the cost to outsource the residential and business sanitation pickup service. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Walt Ziemba told Council that the sanitary sewer lines in Woody Acres/Sunset Gardens had recently been flushed. He said that the County officials had been contacted about flushing lines at their end as well. Robert Cochrun asked if residents could be notified when these lines were going to be flushed. Walt Ziemba said that the residents could be notified, but odor problems caused when lines were flushed were caused by problems with resident traps. Bob Gale said that Council members also need to be notified when this flushing is going to be done, because residents contact then about odor problems. He suggested that this work also be posted on the Village website. Walt Ziemba said that the Main Street paving project may be completed up to a week earlier than the August 31, 2007 estimated completion date. Walt Ziemba said that a cost reimbursement sheet had been submitted today for all Village incurred expenses related to the Route 43 widening project. He said that the contractor would be paying the majority of the expenses and the state would be paying some specific expenses. He said that he would continue to keep track of any additional village expenses incurred and submit those additional expenses at a later date. Unfinished Business Walt Ziemba said that by the next Council meeting he should have a list of all the telemetry project costs. Walt Ziemba said that the resident in Sunset Gardens had been notified that a new tree would be planted in the fall to replace the one that had been knocked down during construction in that area. Robert Cochrun asked about the status of the Shively Annexation. Walt Ziemba said he would have the paper work typed up next week on this issue. Robert Martin Sr. complimented Village crews for the work done around the demolished property on Orchard Street. New Business Bob Gale asked why delinquent sanitation bills were not submitted to the Auditors office along with delinquent water and sewer bills. Chris Becker explained later in the meeting that the sanitation bills did not qualify as utilities and therefore did not qualify to be certified to be collected in the same manner as delinquent water and sewer bills. Bob Gale said that he would like to begin receiving open work orders again from the Administrator. He said that he had called about a broken fire hydrant on July 23 on Dana Lynn Drive and it took until today to have this hydrant fixed. He said that broken fire hydrants needed to be repaired quicker. He also suggested that some other method other than placing a black ring around the fire hydrant be used to designate when hydrants were not in working order. He suggested that the Wintersville Fire Department be contacted to see if they had some alternative to identifying broken hydrants. Perry Pool said that he did notify the Fire Department of the locations of fire hydrants that needed repaired. Walt Ziemba said that their were currently two people on the water department that did not drive trucks and that there were other projects that sometimes take precedence over fire hydrant repair. Bob Gale said that this was a safety issue and just like in the winter when the Village pays the Street Department overtime to spread salt on the streets, the Village needed to have the employees repair these hydrants even if overtime was involved. Walt Ziemba said that the roof repairs for the Waste Water Treatment Plant cost $8500 which was less than the original quote and the warranty was for a longer period of time. Matt Parise asked why sometimes calls were not answered by employee during business hours. Matt Parise said that he was informed by the Villages insurance agent Rocco Boniey that the Village’s healthcare premiums were going to up by 34% on September 1, 2007. He said that Mr. Boniey said that the old rates could not be extended until December 31 as had been previously requested by Bob Gale. He said that Mr. Boniey had given him employee history cards to be filled out by next Tuesday in order to shop around to obtain additional quotes for healthcare premiums. Bob Gale said that he had said last year that he did not want to be rushed into making decisions on this issue at the last second each year. Matt Parise asked if any decision had been made regarding the Radio Water Meters. Walt Ziemba and Perry Pool said they were gathering information to discuss this issue for the 2008 budget meetings. Transfers Motion by Robert Martin Sr., 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, Matt Parise yea. Motion passed 5-0. Motion by Robert Martin Sr., second by Bob Gale 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. Motion passed 5-0. For the Good of the Village None. Motion by Bob Gale, second by Robert Cochrun to go into executive session to discuss possible pending litigation. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Motion by Robert Martin Sr., 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. Motion passed 5-0. Motion by Bob Gale, second by Jason Mattern to adjourn. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea. Motion passed 5-0. Next regularly scheduled meeting is August 16, 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