Regular Council Meeting Thursday, August 21, 2003 Mayor Robert E. Cochrun called the meeting to order. Roll Call: John Synodinos absent, Dave France present, Thomas Bottorf present, Robert Martin Sr. present, Beth Rupert present, Dave Smith present. Officials: Mayor Robert E. Cochrun present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne present, Administrator Gary R. Folden present. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by Robert Martin Sr., second by Dave France to approve the minutes from the Regular Council Meeting held August 7, 2003. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-0. Persons Appearing Before Council Faye Christ, 116 Sabina Drive, thanked Council for listening to the concerns of the residents of Sabina Drive at the previous meeting. She said that the residents were concerned that ODOT might try to strong arm Council in to changing their opinion when ODOT comes in to discuss alternatives to the Route 43 project. She said that she felt that there had to be alternative routes that could be selected that would not affect Sabina Drive. She reminded Council that the current option would create a safety hazard for children on Sabina Drive as well as reduce all of their property values. Beth Rupert asked the Administrator about other possibilities of connections from Route 22. Gary Folden said that his understanding that ramps at certain areas could not be installed because of Federal Regulations, he also said that higher costs also factored into this not being a feasible alternative. He said that accessing the Teramanna property would also be affected by Federal Regulations. Beth Rupert asked if the Federal Regulations were not in affect, whether alternatives could actually open more economic development in that area. Gary Folden said he was not in a position to discuss that question. Beth Rupert asked Gary Folden to give her copies of maps, which would show the property owners on both sides of Route 22 between Lover’s Lane and the Route 43 Ramp. Ordinances and/or Resolutions Ordinance 2003-14: An Ordinance certifying delinquent water customers was read for the first time. Motion by Robert Martin Sr., second by Dave France to suspend the rules for the 2nd and 3rd readings of Ordinance 2003-14. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-0. Ordinance 2003-14: An Ordinance certifying delinquent water accounts was read for the 2nd and 3rd time. Motion by Beth Rupert, second by Robert Martin Sr. to approve Ordinance 2003-14. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-0. Ordinance 2003-15: An Ordinance certifying delinquent sewer accounts was read for the 1st time. Motion by Beth Rupert, second by Dave France to suspend the rules for the 2nd and 3rd readings of Ordinance 2003-15. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-0. Ordinance 2003-15: An Ordinance certifying delinquent sewer bills was read for the 2nd and 3rd times. Motion by Thomas Bottorf, second by Dave France to approve Ordinance 2003-15. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-0. Reports, Announcements and Communications Mayor Cochrun announced that Village offices would be closed for Labor Day, September 1, 2003. Mayor Cochrun reminded Council that they needed to consider the request from the resident on Meadow Road to purchase a 75’ x 325’ strip of property from the Village. Gary Folden said the property would be appraised and then surveyed, he said he would inform Council of the Value of the property after it was appraised as well as the costs for the appraisal and the surveying. Mayor Cochrun gave a brief update on the issue of the sewer odor problem in his neighborhood. Beth Rupert inquired whether the Village had a program to replace stop signs. She said that she had noticed several signs that were faded. Gary Folden said that the Village had no program that he was aware of. Beth Rupert asked Gary to have Perry Pool check on the condition of the Village’s stop signs. Beth Rupert said that the culvert on Parkview Hill needs replaced. Gary Folden said he would have Perry Pool check on the culvert. Robert Martin Sr. commended the street department for the work they have been doing. Robert Martin Sr. asked if the Village could repair the walkway around Creative Carpet. Chris Becker said that it is the responsibility of the property owner to replace those sidewalks. Beth Rupert asked Chief Laman if his officers report on signs, lights or street problems after their patrol. Chief Laman said that his officers do log these problems. Mayor Cochrun reminded residents to obey all speed limits in the village. Administrator’s Report Gary Folden said that RITA would be at the Village on September 23 from 9:00 AM to 4:00 PM. to administer the supeona process. Chris Becker said that RITA is having a problem with the local court regarding the supeona process. He said he needed to discuss this issue with Judge Bednar and explain to him that RITA is acting as an agent of the Village. Gary Folden said that the repaving of Rex Avenue should start in September. He reported that the Ellsworth Street project will start when the grant for that street work is awarded and that the County would be coordinating that work. Gary Folden said that the repaving of Main Street, West to Springdale Ave. has been bid out to contractors. He said that next year the repaving of the remainder of Main Street will take place, next year, with the state paying 80% and the Village paying approximately $100,000 for the remainder of the cost. He also said that if is possible that 90% of the Village’s share of this cost ($90,000) may be paid from public works money. Gary Folden said that Mr. Rihaly who resides on Cadiz Road believes that the Village should be responsible for his water break and similar expenses based on the an agreement (according to Mr. Rihaly) that was made between him and Council. Gary Folden said that no written contract on this matter exists, nor could any record of this agreement be found in the minutes. The only record available is that is that of a $1.00 easement fee that was paid. Mayor Cochrun said that there was no deal made between Mr. Rihaly and Council. Council’s opinion was that without any type of agreement or contract being produced that there is nothing the Village could do regarding Mr. Rihaly’s expenses. Gary Folden reported on the bid opening for the garage. The bids ranged from $147,440 to $202,300. The low bid was submitted by Allstate Construction from Wheeling. Gary Folden recommended that Council approve the low bid along with options for doors and windows which added approximately $2600 to the base price. He said the architect had reviewed the low bidders documentation and everything appeared in order. Gary Folden said that the contractor’s references were also contacted and the references contacted gave positive feedback. Gary Folden said that the bid requirements for the garage was pretty bare bones but did include electric, plumbing and heating for the building. Motion by Dave France, seconded by Thomas Bottorf to accept the bid of Allstate Construction from Wheeling for the construction of a new and doors in the amount of approximately $150,040. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-0. Mike Payne stated that the M & R and Sanitation R & I funds could supply about half the cost of this building. He said the rest of the cost would have to be funded from the General Fund, which would drop the General Fund balance down to approximately $100,000. Council asked Gary Folden to check in to the possibility of borrowing to pay for the amount not available in the sanitation and M& R funds. Mayor Cochrun asked Robert Martin Sr. to meet with Perry Pool on getting the road put in behind the Municipal Building. Mayor Cochrun instructed John Synodinos, Dave Smith and Beth Rupert to review the new annexation laws. Old Business Robert Martin Sr. asked what the status was in getting a meeting with the County Commissioners to discuss water contractual issues. Gary Folden said that he had asked the Commissioner Chairman, Adam Scurti, for a meeting but had been unsuccessful in setting one up. Dave France said that it would be unwise to have a meeting with the Commissioners. He felt the Village already had a negotiating team to discuss this issue and it should be left up to them. Beth Rupert asked the Administrator to look into the road damage at the Corner of Winters Drive and Beechwood. Beth Rupert asked if the Woodridge lease agreement required the Village to maintain the outside of the property. She said if it was the Village’s responsibility then someone needed to make the improvements currently required. Beth Rupert said that she would like Council to partnership with Indian Creek’s multi media department to have meetings taped by Indian Creek students then broadcast by the local cable company. Mayor Cochrun appointed a committee consisting of Beth Rupert, Dave France and Robert Martin Sr. to work on this project. Gary Folden said that, Com Cast the local cable company had said that they would air the Council Meeting if a tape was supplied to them. Beth Rupert said that the sign near Burger King on Route 22 that says do not block intersection does not stop cars on the inside from seeing and obeying this request. Chief Laman said that the Village had no liability for this situation. Beth Rupert asked if someone was working on getting a sign to let people know where the Municipal Building was located. Gary Folden said that the sign had not been painted yet, but would be placed at the corner of Main and Grove Streets when it was completed. Robert Martin Sr. asked if anything had been done about the vicious dog issue in his neighborhood. Chief Laman said that someone had been brought into court and made to pay a fine for having a dog run loose in his area. Chris Becker said that an issue had risen concerning a sign placed on the Carapellotti property near the Razor’s Edge Barbershop on Canton Road. He said that the only restriction on fences constructed in the Village is that they cannot restrict a traffic control device. He said that the fence constructed in this area does not impede any traffic control device, therefore it does not violate any current Village ordinances. He said the Village is not liable for any problems that might arise from the fence. New Business Dave France suggested that the Village contact the City of Steubenville about repairing the sign that the two municipalities share on Main Street. Beth Rupert said she believes the sign is the Village’s responsibility and that maybe the Wintersville Business Association could take that on as a project, especially since originally the old Wintersville Chamber of Commerce had maintained the sign. Dave France said that he would take this idea up at the next WABA meeting. Dave France said that the Sam’s Way road construction was supposed to be completed by August 15th but this deadline became a problem when one of the builders filed bankruptcy. He suggested that the Village may need to consider hiring a person to oversee major building projects in the future to make sure problems like Sam’s Way don’t happen again. Mayor Cochrun said that discussion has taken place with A H & L Builders to complete the curbs and roadway at this development. Chris Becker reminded Council that if the planning Commission would make builders follow the Village Ordinances and quit granting variances it would alleviate these problems. Dave Smith said that it was his understanding that the curbs and resurfacing on Sam’s Way would be taken care of in the next few days. Beth Rupert inquired about the Village’s liability if any problems arose in that subdivision due to the condition of the road. Chris Becker said that the Village’s Liability is somewhat limited because it was not a dedicated road, but he said that it was still very possible that the Village could be sued because the Ordinances were not followed. Beth Rupert said that she felt that something needed to be done quickly regarding Sam’s Way as well as maintaining a paper trail of all discussion and agreements. Robert Martin Sr. Suggested that Council add a step to any variances granted by the planning commission. This step would be to require Council to approve any variances approved by the Planning Commission prior to the variance becoming effective. Chris Becker said he would check to see if Council could require this additional approval. Thomas Bottorf said that since he has become a Council Person he has attended the Planning Commission meetings. He reminded Council members that they all have this option to attend these meetings. Thomas Bottorf said that the Leonard Avenue building needs to be painted. Thomas Bottorf said that the blacktop at the corner of Winters Drive and Starkey Blvd. needs repaired and a grate needs fixed at the end of Winters Drive. Robert Martin Sr. said that recreation money needs to be spent on our playgrounds. He asked Gary Folden to obtain pricing for various playground items. Motion by Dave Smith, second by Beth Rupert to go in to executive session to discuss water contract negotiations. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-0. Motion by Beth Rupert, second by Dave France to return to regular session. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-0. Betty Stinard announced that the United Methodist Church would be holding an Old Fashioned Church Fest September 5-7 and everyone was invited. Betty Stinard asked if the Small Morgan Raider’s Monument at the Church could be cleaned by the Village prior to the event. Gary Folden said he would check into the cost of the cleaning the monument. Motion by Robert Martin, second by Dave France to pay bills as funds become available. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-0. Motion by Beth Rupert, second by Robert Martin Sr. to adjourn. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave smith yea. Motion passed 5-0. Next regularly scheduled meeting is Thursday, September 4, 2003 at 7:00 PM. Robert E. Cochrun, Mayor Mike Payne, Clerk/Treasurer