Regular Council Meeting Thursday, August 16, 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 absent, Solicitor Christopher D. Becker absent, Clerk Treasurer Mike Payne present, Administrator Walt Ziemba present. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by Robert Cochrun, second by Matt Parise to approve the minutes from the regular Council Meeting held August 2, 2007. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf abstained. Motion passed 5-0 with one abstention. Persons Appearing Before Council Jerry and Jo Ann Williams told Council that their water and sewer bill for last month was $345.55. They said that the reason why the bill was so high was that they had to repair several leaks in their pool and had to refill the pool each time. They asked Council if they would waive more than the 25% allowed to be taken from the sewer portion of the bill allowed by Ordinance, since most of the water used did not go through the sewer system. Bob Gale said that if the Williams would make a payment of at least $100.00 toward the bill that no penalties or late fees be assessed on their bill until the situation could be discuss with the Solicitor. He also asked that the water department give the Williams a $15.00 credit allowed by Ordinance for topping off swimming pools. Robert Smith, Sunset Gardens, asked Council if the Sunset Gardens project could be sped up. Walt Ziemba said that this was a 1.5 Million dollar project and was moving along as planned. He said that the contractor had been working every day on the project and that the completion date should be in mid October. He said that there was a penalty clause that called for the contractor to pay $100.00 per day for each day the project was not completed on time. He said that two crews from the contractor had worked at the site for a short period but that only one crew was currently working at the site. Mayor Dave France said that any specific concerns residents in that area had could be addressed with a meeting that would be held on the project that would include the project contractor on Monday evening August 20, 2007 at 6:30 PM. Bob Gale inquired about concrete pads that had been installed in Sunset Gardens that were already cracked. Walt Ziemba said that there was only one pad that had cracks and that it would be fixed by the contractor. Hesam Mirani, Brittany Drive, Continued his discussion from previous meetings on his concerns over the construction on a parking lot at Sienna Woods Nursing Home. Mr. Mirani gave each Council member and the Mayor a detailed handout that outlined all of his concerns with the project and the access road to the parking lot. He reviewed his handout with Council which highlighted his objections and areas that he felt that Village Ordinances were being violated by the Nursing Home. His areas of objections included the following six areas that he addressed with Council. -Variance violations -Public Safety -Fire Protection concerns -Soil Erosion concerns -Potential Drainage problems -Fencing concerns He asked that Council halt the construction of the parking lot until the Village hired an engineer to review all of his concerns. Mayor Dave France said that based on his discussion with the Solicitor and Village Engineer all Ordinances on this project had been followed. Walt Ziemba also said that the Village Engineer, Mr. McDevitt, had told him that their was no problem with this project. Robert Martin asked if the Village might need to consider hiring another Engineer to review the project. Bob Gale said that he went to the Sienna Woods site and did not think the entranceway was safe for cars to drive in and out of. He suggested that Council hold a Committee Meeting so that it could be determined if all Village Ordinances were being followed on parking lot and the access road. He said that the Village needed to find out more what Sienna Woods had planned on this project and to have everything reviewed by the Solicitor. Matt Parise said that he had contacted Mike Kearns of Hamilton Associates, who is working with the Nursing Home on the project. Mr. Kearns said that the access road was currently unsafe and that he felt certain that the road would be changed to become safer. Thomas Bottorf said he appreciated the effort Mr. Mirani provided to Council but that a reference he made in his information applied to mobile homes and not an operation in a Business District. Walt Ziemba handed out to Council a copy of a certificate of plan approval obtained by Sienna Woods that showed that they had gotten Final Fire Approval from the state. Jason Mattern said he agreed with the comments made by Mr. Gale and that internal communications between Village officials needed to be addressed because Mr. Mirani, Council Members and other Village officials were all quoting conversations from different sources. He said he would like to see all the parties together so they could speak for themselves and that any meeting needed to include the Solicitor. Terry Shepherd, representing Mike's Auto Sales, said that the auto sales where he worked had already suffered significantly with the construction on Route 43 and that he was opposed to the fencing that ODOT had proposed to put up in that area. Matt Parise said that the businesses in this area need to be contacted if ODOT agrees to meet with Council on this project, as requested in a letter that was sent to them. Jay Dziewatkowski, 111 Karen Place, thanked Jason Mattern for taking the time to stop at this lace of residence and follow up with this concerns he had addressed at the previous meeting. He also thanked the Village crews for their work near his home. Betty Stinard, Powells Lane, said that a ditch was being formed at the end of her street that was caused by a sewer line that needed repaired. Reading of Ordinances and/or Resolutions Motion by Matt Parise, second by Robert Martin Sr. to table Ordinance 2007-15 until the next Council 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. Reports, Announcements and Communications Mayor Dave France announced that Village offices would be closed Monday September 3, 2007 in observance of Labor Day. Administrator's Report Walt Ziemba said that Shelly & Sands was the low bidder for the paving of Crawford Ave and Moore Streets. The bid results showed that Shelly & Sands bid for the paving was $84,782.95 and the other bid by Lash Paving was $90,548.90. The low bid was approximately 7.5% higher that the estimate for the project. He said that Shelly and Sands would be able to do the project immediately after they finished the other project in the Village. Motion by Robert Martin Sr., second by Robert Cochrun to authorize the Administrator to contract with Shelly and Sands to pave Moore and Crawford Streets at the cost of $84,782.95. 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 their packet included a final report of the summer youth program. Bob Gale asked the Administrator to send out a letter to the Herald Star newspaper thanking them for the coverage of the summer youth program. Robert Martin Sr., asked that a letter also be sent to Kaleena Ramsey for her work as director of the program. Matt Parise said that he would like to thank Bob Gale for the idea to run this program. Walt Ziemba said that the Main Street Paving project would resume on either Sunday or Monday next week and that the work would be done from 6:00 PM to 6:00 AM. Walt Ziemba said that a meeting would be held on August 20, 2007 at 6:30 PM to update Sunset Garden Residents on the project. He said that a representative for the Indian Creek School District would be there to discuss how the busing would be handled during construction in the subdivision. Walt Ziemba said that a meeting would also be held on August 20, 2007 at 7:30 PM to discuss the Long Term Care Facility. Walt Ziemba said that sewer lines would be "smoked" in Sunset Gardens to help with the odor problems in that area. Walt Ziemba said that a representative from ODOT may be coming to a future Council Meeting to discuss the issues about the construction on Route 43. He said that they did not want to discuss the issue of "lost" business, for the businesses during construction, but were willing to discuss other issues such as the fencing. Unfinished Business None. New Business Bob Cochrun said he would try to set up and Ordinance Committee meeting to discuss whether a change should be made on the water and sewage Ordinance to give residents larger credits for sewer portions of water bills. Bob Gale said that he would like to know from the Solicitor whether signs that say "watch Children" could be placed in appropriate areas of the Village. Robert Martin Sr. asked that grass cutting problems be dealt with in three locations. At the Old Clark Gas Station location, a lot on Troy Place, and at the corner of Route 22 and 43. Thomas Bottorf said that the Finance Committee met to discuss the increase in Employee Health Insurance and that a Special Council Meeting may be called before the first September meeting to approve revisions to the current plan, once Rocco Boniey had received back some additional quotes. Motion by Thomas Bottorf, second by Bob Gale to approve the transfers as submitted 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 Bob 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. Matt Parise said that the bills contained one request for reimbursement that only had a credit card receipt and did not have an itemized receipt. He said that in the future the detailed receipt must be attached. For the Good of the Village John Synodinos said that the Council Chambers had a lot of dust that should be cleaned. He also inquired when the water fountain might be fixed in the back of the Council Chambers. Walt Ziemba said that the part had been ordered for the water fountain. 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 regularly scheduled meeting is September 6, 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