Regular Council Meeting Thursday, August 3, 2006 Mayor Dave France called the meeting to order. Roll Call: Robert Cochrun present, Jason Mattern present, Robert Martin Sr. present, Bob Gale (arrived after roll call), 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 Bob Gale said that under new business from the previous meeting, the record should reflect that the comment concerning "Jake " brakes being used on Fernwood Road was made by Robert Cochrun and not Mayor Dave France. Motion by Robert Martin Sr., second by Thomas Bottorf to approve the minutes from the regular Council meeting held on July 20, 2006 as corrected. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise abstained, Thomas Bottorf yea. Motion passed 5-0 with on abstention. Persons Appearing before Council Mayor Dave France said that people could come forward and make statements concerning the gambling issue but that Council would be referring all questions on the matter to the solicitor. He also asked the audience statements not be personal. Sherry Sherrin, Warren Lane, said that Warren Lane was not a good location for any type of business to be located on because any additional traffic would create a safety hazard and an unsafe environment for children to play. She said that the business has not been open for 3 weeks but only opened last Sunday and that it was a falsehood if the owner tried to state that the business opened up sooner. Roger Madden, Bloomingdale, said that he had moved away from Weirton to get away from the gambling taking place there. He said that gambling establishments actually discouraged other businesses from opening up. Reading of Ordinances and/or Resolutions Ordinance 2006-21: An Ordinance certifying delinquent water fees to the Jefferson County Auditor was read for the third time. Motion by Thomas Bottorf, second by Robert Cochrun to approve Ordinance 2006-21. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2006-22: An Ordinance certifying delinquent sewer fees to the Jefferson County Auditor was read for the third time. Motion by Thomas Bottorf, second by Matt Parise to approve Ordinance 2006-22. 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 read the July 2006 Magistrate, Police, and Code Enforcement Officers Reports Administrator's Report Walt Ziemba said that the telemetry building was in and would be in place next week. Walt Ziemba said that paving would take place on several streets next week and that residents were requested not to park on the streets being paved. Walt Ziemba said that the playground equipment ordered should be arriving in about 10 days. Walt Ziemba said that the Fernwood Road annexation would be discussed at a committee meeting next week. Walt Ziemba asked Council if they wished to purchase a section of ground approximately 2400 square feet at the Sunset Garden tot lot from Thomas Wedlake for his asking price of $1000. Motion by Robert Cochrun, second by Jason Mattern to purchase the ground at the price of $1000. Motion by Robert Martin Sr., second by Matt Parise to table the motion to buy this property until it could be discussed more at a committee meeting. Vote: Robert Cochrun nay, Jason Mattern nay, Robert Martin Sr. yea, Bob Gale nay, Matt Parise yea, Thomas Bottorf nay. Motion to table the motion failed 4-2. Council briefly discussed where the funds to purchase the property would come from and what the value of the property was. Vote on the motion to purchase the 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. Unfinished Business Chris Becker said that he had given his opinion on the parking lot ordinance which basically only governed businesses that were not grandfathered by the ordinance or if the business would sit vacant for one year. Chris Becker said that he had researched water shut off policies of other communities and they all required the water shut off policy in writing. He said that having the notice issued by Certified mail or by public notice might be a little costly it was better to use this type of notice if the Village had to go to court. Robert Cochrun asked the Solicitor to develop an Ordinance concerning "Jake" Brakes because of the complaints he had received from residents on Fernwood Road. Chris Becker told Council that the Village could not restrict weight limits for trucks on Fernwood Road because it connected to a county road. But for other "non thru" roads the Village could put restrictions on load limits of trucks. Mayor Dave France said that the Walking Trail Committee had met twice and would be meeting again on Tuesday August 8, 2006 at 6:00 PM. Robert Gale reported that he had taken copies of the certified Ordinance to the Board of Elections concerning the change regarding the Clerk-Treasurer position reverting back to an elected office. He said he would give the receipt that he received on this to the Administrator. Robert Martin Sr. reported that the recreation committee had met to discuss getting a pool for Wintersville. Gene Watkins, Indian Creek Superintendent, said that the state had issued a decree to try to help keep kids physically fit and that a pool in the area would help with this goal. He also said a pool might allow the High School become competitive in the sport of swimming. Keith Murdock, Trinity Health Systems, said that the senior population would benefit from a pool in the Village. He said that Trinity Health System would support a pool in Wintersville financially or any other way that they could. He said he would like to see a complex developed and a pool as just the first step in the process. John Synodinos, Wintersville, said that the costs for a pool would be prohibitive for the Village. He said when he was on Council that he had checked with other municipalities who had pools and they all said they had trouble covering the costs involved. Chris France said that she had to stop using the pool in Steubenville because the temperature of the pool was kept low to accommodate the High School Swim Team. Robert Martin Sr. said that the Village would give the residents a chance to voice their opinion on a pool project. He said the plans were to put an operating levy on the ballot in Wintersville and Cross Creek Township to cover the annual costs. He said that the plans were to build indoor and outdoor pool at the site that would be discussed by the architect during their next visit. Robert Cochrun said that the Complex that would be developed would include a place for seniors to meet. Bob Gale said that the company working on the pool project would come the Village to handle questions concerning the viability on the projects or any other questions the Village might have on the project. New Business Robert Cochrun said that he was getting complaints from residents on Fernwood Road about trucks not using tarps. Chief Ed Laman said that he lived in that area and the trucks he had observed all had tarps, but if residents would contact the police station when they observed trucks without tarps that his officers would respond. Walt Ziemba told Council, in response to a question from Bob Gale, that the Leonard Avenue building would revert back to residential if it was sold. Bob Gale asked if Council needed to approve the sale of the Woodridge property. Walt Ziemba said that Council previously given him the authority to sell the property, provided that the minimum bid was received. Jason Mattern reported that he and Bob Gale would be attending a planning and zoning meeting in Columbus on Friday. Jason Mattern congratulated Neidengards for all the money they had recently helped raised for Muscular Dystrophy Motion by Robert Martin Sr., second by Jason Mattern to approve the line item transfers prepared by the Clerk-Treasurer. Motion by Thomas Bottorf, second by Robert Cochrun to pay bills as funds become available as approved by Council. Discussion on the motion: In response to a question on a bill for Hamilton and Associates, Walt Ziemba said that the bill was for work above the original amount. In response to a question concerning tuition for Art Fowler at Jefferson Community College, Chief Laman said that it was payment in advance for a class that his officer was taking and that the amount would be repaid by the officer if he did not pass the class. In response to a question regarding of taking a wastewater exam, Walt Ziemba said that the employees were reimbursed expenses for taking the exam if they did not pass the exam. He said that the exams were very difficult and as long as the employee received a grade that was close to passing he felt that they should be reimbursed. For the Good of the Village Mrs. Kettlewell, 221 Meadowbrook Drive asked if Dave Zatta was the sole owner of the gaming establishment he had opened up on Warren Lane. Chris Becker said he did not know the answer to her question. Cindy Stock, Empire, said that the Church of Jesus Christ on Powell's Lane would be holding an emergency preparedness seminar from 10:00 AM to 2:00 PM on September 9, 2006. Chris France asked if it was true that the Village would be paying $3800 for the pool architect to come to the Village to discuss designing a pool for the Village. Robert Martin Sr. said that the Village would be splitting the cost with Cross Creek Township. John Synodinos said the Village should consider charging larger amusement tax fees for the machines at the new gaming establishment. Chris Becker said that all legal options on the matter were being explored. Motion by Robert Martin Sr., second by Matt Parise 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 Regular Scheduled meeting is August 17, 2006 at 7:00 PM which will be proceed by a special meeting at 6:00 PM to discuss water issues with Jack Gilmore from the County office. Disclaimer: These are a draft of the minutes and not deemed official until approved by Council. Mike Payne, Clerk Treasurer Dave France, Mayor