Regular Council Meeting Thursday, September 1, 2005 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price (arrived late), Thomas Bottorf present, Robert Martin Sr. present, Matt Parise present, Dave Smith 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 John Synodinos asked the Mayor if he would ask Council if they had any changes to the minutes prior to the voting on approving the minutes of the previous meeting. Motion by John Synodinos, second by Matt Parise to approve the minutes from the August 18, 2005 Council Meeting. Vote: John Synodinos yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise, Dave Smith yea. Motion passed 5-0. Persons Appearing before Council Shirley Rawson, 113 Troy Place, said that she was at the meeting to get an update on her water run off problem. Walt Ziemba said that he had listed the costs associated to fix the problem on Troy Place. His estimated costs were $13,036, which included $6096 in Village labor (in-kind) expenses. He also added that before the work could be started, Mr. McDevitt would have to obtain at least one easement from a resident on Troy Place. He estimated that if Mr. McDevitt was able to get the easement next week, the project could be started within 3 weeks. Matt Parise asked if the Village had enough funds to pay for this project. Mike Payne said that a line item transfer may need to be made, but he thought that the funds were available. Shirley Rawson asked what exactly would be done to help her situation. Walt Ziemba said that the curb would be fixed and a drain would be installed across her driveway. Motion by John Synodinos, second by Matt Parise to replace the catch basins and other work as proposed by the Administrator fro Troy Place at an estimated cost of $6940 plus Village labor. Vote: John Synodinos yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise, Dave Smith yea. Motion passed 5-0. Reading of Ordinances and/or Resolutions Resolution 2005-28: A Resolution accepting the amount and rates as determined by the County Budget Commission was read for the first time. Motion by Thomas Bottorf, second by Robert Martin Sr. to suspend the rules and waive the 2nd and 3rd readings for Resolution 2005-28. Vote: John Synodinos yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise, Dave Smith yea. Motion passed 5-0. Resolution 2005-28: A Resolution accepting the amount and rates as determined by the County Budget Commission was read for the 2nd and 3rd times. Motion by Thomas Bottorf, second by John Synodinos to approve Resolution 2005-28. Vote: John Synodinos yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise, Dave Smith yea. Motion passed 5-0. Reports, Announcements and Communications Mayor Dave France read a Thank You note from Indian Creek for the Village's contribution to their back to school rally. Mayor Dave France read the August 2005 Magistrate, Police and Code Enforcement Reports. He also announced that new storage buildings are going to be built behind NAPA Auto parts on Canton Road. Mayor Dave France said that Village offices would be closed on Monday, September 5, 2005 in observance of Labor Day. Administrator's Report Walt Ziemba said that the Fence and Gates had been installed around the Walnut Playground area at a cost of $5,745.00. Walt Ziemba reported that the legal ad had been placed in the newspaper to rent out the Woodridge Property. He said that the bids were due in by October 6, 2005 at 2:00 PM. Walt Ziemba said that the telemetry project was moving forward and that the Church board would be formally voting on the property sale prior to the next Council meeting. Walt Ziemba announced that the Fire Hydrant Project was currently under way. Walt Ziemba said that the RITA Subpoena program was wrapped up. He said that the Village needed to update the Ordinance regarding penalties for failure to pay the taxes. He said this could be discussed further at a Finance Committee Meeting. Chris Becker said that he had addressed this issue in the Ordinance update for the wage tax that he had been working on. Walt Ziemba referred Council to a letter from Direct Energy regarding the Village's natural gas contract that expires in November 2005. Walt Ziemba referred Council to a letter from Wells Township asking for Donation towards their haunted house project. Walt Ziemba discussed with Council the differences including costs between manual and automatic generators to help keep Village traffic signals on during period of power outages. Council members discussed this idea for generators briefly with Chief Laman and agreed to continue the discussion at a future Finance Committee Meeting. Dr. Robert Price arrived at this point of the meeting. Walt Ziemba said that Dennis O'Toole had forwarded the Village's check to the City of Steubenville for the judgment amount on the water lawsuit against Wintersville. Unfinished Business Council and Chief Laman briefly discussed the potential criminal matter concerning a water connection used by Richard Sherrin. Chief Laman said he would be following up on the matter. Chris Becker said that he is currently working on a cross-contamination Ordinance that would help prevent this type of situation in the future. Bob and Bonnie Caine, Gumps Lane, told Council that they had gone door to door and discussed the water discoloration and odor problem with all the residents of Gumps Lane and were told by the 30 families that they were all experiencing the water problems. Matt Parise said that this project needs to be a top priority when applying for grants including Issue 2 money for next year. Robert Martin Sr. said that he would support the project for new water lines if the Village could find the money. John Synodinos said that the motion to approve new water lines was not seconded at the previous meeting because of the large cost involved (approximately $200,000). He said next year the Village may be able to get a loan or a grant to pay for the project. Bonnie Caine asked if she could have some type of guarantee that the problem would be fixed next year. John Synodinos said that he would guarantee it, if he was reelected. Dave Smith said that Council was committed to maintaining the entire water system in the Village and that before putting a large amount of money into this project they needed to make sure the situation would not continue to be a problem. Walt Ziemba said that the best bet to fix the problem was to replace the water line on Gumps Lane. He said that because the water line had been tested and showed no bacteria the project would not score high on Issue 2 Grant Funding. He estimated that the new line would last 20 years. Motion by Robert Martin Sr., second by John Synodinos to authorize the Administrator to apply for grants and/or low interest loans to help fund the replacement of the water lines on Gumps Lane. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise, Dave Smith yea. Motion passed 6-0. Chris Becker said he would be negotiating a bulk rate contract to purchase water from the County with Jack Gilmore. Matt Parise said that Commissioner Tom Graham told him that it was up to Judge Bednar to decide if he wanted to move his court to the Municipal building. New Business Robert Martin Sr. said that he would like the Village to follow up on getting the grass cut at 131 and 118 Orchard Street. Matt Parise asked the Police Chief to check on the cars parking day and night on Walnut Street, despite a sign that says "Two hour parking". Thomas Bottorf asked for a legal opinion on whether the mailing information on water rates, that had be prepared to go out with Village water bills, would have been legal to send out if the Village had done so. Matt Parise said that if the Solicitor was going to prepare such an opinion, he would need copies of the information that was going to be sent out. Chris Becker said he had copies of the information and would prepare the written opinion. Motion by Thomas Bottorf, second by Dave Smith to go into executive session to discuss pending litigation and personnel matters. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise, Dave Smith yea. Motion passed 6-0. Motion by John Synodinos, second by Dr. Robert Price to return to regular session. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise, Dave Smith yea. Motion passed 6-0. Motion by John Synodinos, second by Matt Parise to pay bills approved by Counci as funds become available. Discussion on the motion: Thomas Bottorf questioned the fuel surcharge on the Waste Management bill and also why Larry Cornell was still on the health insurance invoice. Walt Ziemba and Mike Payne said they were aware of the error on the health insurance bill and were following up with Boniey Insurance on why Larry Cornell was still listed and why the new employee Jason Fabian was not. They also said they would follow-up on the Waste Management fuel surcharge. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise, Dave Smith yea. Motion passed 6-0. For the Good of the Village. None. Motion by Robert Martin Sr., second by Matt Parise to adjourn. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise, Dave Smith yea. Motion passed 6-0. Next Regularly scheduled meeting is 7:00 PM September 15, 2005 at 7:00 PM. Mike Payne, Clerk Treasurer Dave France, Mayor