Regular Council Meeting Thursday, September 5, 2002 Meeting called to order by Mayor Robert E. Cochrun. Roll Call: John Synodinos present, Dave France present, Dave Smith present, Robert Martin Sr. present, Beth Rupert absent, Gene Pool 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 Gene Pool, second by Dave France to approve the minutes from the regular Council Meeting of August 1, 2002. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Persons Appearing Before Council Barbara Davis, discussed her letter to the editor she had written to the Herald Star which was rebutted by John Synodinos in a response also sent to the editor of the Herald Star. Mrs. Davis said that even though she did not attend the Council Meeting, she got her facts for her letter from the Herald Star. (Correction see minutes of Thursday, September 19, 2002) Barbara Davis also said that she attended all three days of the Community Days event and she felt that there were not enough booths or enough activities at the event. Pat Davis also complained about the lack of activity at the Community Days and he said that he observed large gaps between entertainment at the event. He said that Mr. Hunt who provided entertainment at the event should have been reimbursed for the extra time he was required to be at the Community Days. He also said that the price paid by the Village for the rides was too much. Robert Martin Sr. said that he had checked the prices with Kurt James who wanted $12,000 for the three days versus $6,000 that was paid. Pat Davis also said that he thought the comments made by Robert Martin Sr. concerning his supplying financial information about the Community Days was inappropriate. Dave France said that the Village had a website that residents could read information about the Village, including minutes of the Council Meetings. Catherine Losey (nine years old) sang two songs for those in attendance at the request of Mayor Cochrun. Matt Parise, 215 S. Avalon Drive, said that he attended all three Community Days and he found if very professionally run and as a vendor he was treated very well. He also inquired about the status of Jefferson Behavioral Systems and why they were still located in a Village building without paying rent. Solicitor Chris Becker explained that if they were going to charge rent, the Village would be required to go out to bid. Dave France said that it was his understanding that Jefferson Behavioral Systems would be moving into the former Wintersville Elementary building as soon as carpet was installed there. Matt Parise asked what would happen if they had not moved out by the end of September of this year? Mayor Cochrun said he would ask the Chief to put their belongings out on the street. Betty Stinard said she wished to thank whoever fixed the dip in the road at Krogers entrance. She also said that the bushes on Church Street needed trimmed along with the need to fix a large pothole in the road and repair of a fence along that road. Mayor Cochrun asked the Administrator to take care of those items. Robert Laukert, Village Representative of the New Bridge study committee, gave an update of the September 3, 2002 bridge study meeting. He stated that several presentations were made that discussed four different bridge sites. Robert Laukert, stated that he also felt that the Jefferson Behavioral Systems should be given an ultimatum of vacating the Leonard Ave. building. Mayor Cochrun asked for a vote on the matter of the continued occupancy of the Jefferson Behavioral System at the Leonard Ave. building. Motion by John Synodinos, second by Robert Martin Sr. to give Jefferson Behavioral Systems until September 30, 2002, to vacate the Leonard Avenue building and if they are not out by that date to have their possessions removed from the building. Vote: John Synodinos yea, Dave France yea, Dave Smith nay, Robert martin Sr. yea, Gene Pool nay. Motion passed 3-2. Reading of Ordinance and/or Resolutions Ordinance 2002-13: An Ordinance certifying delinquent water fees to taxes was read for the 3rd time. Motion by John Synodinos, second by Robert Martin Sr. to approve Ordinance 2002-13. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Ordinance 2002-14: An Ordinance certifying delinquent sewer fees to taxes was read for the 3rd time. Motion by Gene Pool, second by Dave France to approve Ordinance 2002-14. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Ordinance 2002-15: An Ordinance abandoning and vacating a road leading to Gumps Lane was read for the 1st time. Motion by John Synodinos, second by Robert Martin Sr. to suspend the rules for the second and third reading of Ordinance 2002-15. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Ordinance 2002-15: An Ordinance abandoning and vacating a road leading to Gumps Lane was read for the 2nd time. Ordinance 2002-15: An Ordinance abandoning and vacating a road leading to Gumps Lane was read for the 3rd time. Motion by john Synodinos, second by Robert martin Sr. to approve Ordinance 200-15. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Resolution 2002-16: A resolution authorizing the Village Administrator to complete an OPWC application was read. Motion by Robert Martin Sr., second by John Synodinos to approve Resolution 2002-16. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Ordinance 2002-17: An Ordinance rescinding Ordinance 2002-12 was read for the 1st time. Motion by John Synodinos, second by Robert Martin Sr. to suspend the rules for the second and third readings for Ordinance 2002-17. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr., yea, Gene Pool yea. Motion passed 5-0. Ordinance 2002-17: An Ordinance rescinding Ordinance 2002-12 was read for the 2nd time. Ordinance 2002-17: An Ordinance rescinding Ordinance 2002-12 was read for the 3rd time. Motion by John Synodinos, Second by Dave France to approve Ordinance 2002-17. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Reports, Announcements and Communication Mayor Cochrun announced that he had signs installed on Village garbage trucks that read, "Drugs are Garbage." Mayor Cochrun read the August Magistrate report. Mayor Cochrun read the August Building Inspector's report. Mayor Cochrun read the July and August Police reports. Mayor Cochrun announced that a planning Commission Meeting would be held Tuesday, September 10, 2002 at 6:00 PM. regarding a lot split at 176 Selma Drive (Teramana). Mayor Cochrun said that Dave Throckmorton, who resided at 183 Meadow Rd. had requested that the Village consider selling him part or all of lot 118 to enable him to build a shed on this lot. Mayor Cochrun asked Council Members to consider this request and to drive by this area to see for themselves what property he was referring to. He said he would also have Perry Pool review the area to see if it would have any affect on access to the Village lift station. Mayor Cochrun read an invitation from Gov. Taft to join other official at the statehouse for a remembrance of 9/11. Committee Reports Robert Martin Sr. reported on the Community Days event, thanking those who had helped with the event. He also said that the fund had a balance remaining to help towards next year's event. Dave France reported that the Finance Committee had met and had reviewed the reports prepared by Mike Payne regarding the current utility rates. He said that after reviewing the water, sewer and sanitation proposed revenue and expenses for next year the committee proposed an overall decrease in rates of .10 for the 3000 gallons minimum usage. Motion by Dave France, second by Gene Pool to change the per 1000 gallon rates for water from $8.59 to $8.95, the per gallon rates for sewer from $10.66 to $9.60 and the monthly charge for sanitation from $8.00 to $10.00 for residents. The overall effect of these changes would be a reduction of .10 per month for residents who uses the minimum usage each month and an additional .64 reduction for each 1000 gallons used above the minimum usage. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea. Gene Pool yea. Motion passed 5-0. Dave France also said that the finance committee is recommending that the Village borrow the funds to build a new street and sanitation garage. He said that the General fund of the Village could end the year at less that $100,000 if the garage was paid for without borrowing. He said that his amount was to low to start the new year with, and that by borrowing to build the structure that would put less strain on the General fund balance. Motion by Dave France, second by Robert Martin Sr. to authorize the Administrator to start the process of obtaining financing for the new street and sanitation garage. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Motion by Dave France, second by Gene Pool to authorize the Administrator to prepare specifications for the new street and sanitation garage and to go out to bid for the construction of the garage. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Dave France also explained that the current policy on accrued time (combined sick & Vacation time) did not allow new employee to begin earning time until they had worked 6 months (12 months for police officers). He said that the finance committee after discussing this with Chief Laman and the Clerk/Treasurer Mike Payne would like to begin awarding time off for employees from their date of hire. He said that the stipulation would be that they would not be able to use this time until six months after their start date. Police Officers would now also be the same as other employees for this benefit. He said that the committee also recommended that the three full time employees currently not accruing time should be awarded retroactive to their start date. Motion by Dave France, second by John Synodinos to change the accrued time Ordinance to allow all employees to begin earning accrued time from their date of hire, but not be eligible to use this time until they have completed 6 months as a full time Village employee. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Motion by Dave France, second by Robert Martin to give full time employees who were hired after December 1, 2001 accrued time retroactive to their start date. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Motion by Dave France, second by Robert Martin Sr. to transfer funds between line items as prepared by the Clerk/Treasurer. Motion by Dave France, second by Robert Martin Sr. to transfer $5,000 to the sanitation fund and $8,000 to the Police Levy fund from the General Fund. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Motion by Dave France, second by John Synodinos to Increase appropriations in the sanitation fund by $5,000 and the Police Levy by $8,000 for various line items prepared by the Clerk/Treasurer. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Motion by Dave France, second by Robert Martin Sr. to decrease appropriations in the OWDA loan fund to equal the revised payment amounts due for 2002. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Dave Smith reported that the personal conduct committee had met on Tuesday, August 13, 2002 to discuss the conduct of Councilperson John Synodinos. Dave Smith read a prepared statement on the matter which included the recommendations of the committee on the matter. The recommendation of the committee included that Council Person John Synodinos give a written apology to Dan Wood for his telephone conversation to Mr. Wood as well as an apology to Council Person Beth Rupert for his conduct towards her. Motion by Dave France, Second by Gene Pool to accept the recommendation of the personal conduct committee. Vote: John Synodinos did not vote, Dave France yea, Dave Smith yea, Robert Martin Sr. nay, Gene Pool yea. Motion passed 3-1. John Synodinos asked Dan Wood to come up to the podium and then read a prepared statement. His statement reiterated his position on the matter and did not include an apology to Mr. Wood or Council Person Rupert. Gene Pool suggested that the personal conduct committee reconvene on the matter since Council Person Synodinos did not wish to comply with the committee and Council's recommendation. Robert Martin Sr. stated his opinion on the matter saying that he felt it is Mr. Wood who should be the one to apologize and that Mr. Synodinos was only defending the Village. Dave France said that the issue is not Mr. Wood. He said the issue is that Council Person Synodinos was judged by his peers. He said that the fact that he now refuses to accept Council's recommendation makes him in further violation of Rule 21. Motion by Dave France, second by Gene Pool to have the matter of Council Person Synodinos reviewed again by the Personal Conduct committee. Vote: John Synodinos no vote, Dave France yea, Dave Smith yea, Robert Martin Sr. nay, Gene Pool yea. Motion passed 3-1. John Synodinos said that he wished that Council would vote on censuring him tonight instead of dragging the matter out. Chris Becker said that the committee should meet again and if they determine that Councilperson Synodinos is in contempt of their decision they could vote on a censure. John Synodinos said that Council could not force him to resign nor could they dock him any of his pay. He said that the other Council members could censure him only through a reprimand. Administrator's Report Gary Folden said that he had met with engineer John McDevitt on repaving Main Street from Kroger's to Indian Creek. He said that this would be a $300,000 project of which the Village would be responsible for 15% to 20% of the cost. Gary Folden said that a piece of the World Trade Center was obtained and would be on display on Saturday at Ft. Steuben Burial Estates along with a ceremony to remember last year's calamity. Gary Folden said that Council should consider having a Saturday work session to discuss plans for the Village's future. Gary Folden distributed copies of Rules & Regulations of the Public Utilities Department of the City of Portsmouth. He said that this type of document needs to be adopted by the Village since the auditors had listed the lack of such a document in their report. John Synodinos said that other communities did not adopt these polices. Chris Becker said that he strongly recommended that the Village adopt a set of rules for the utility department before the auditors changed the recommendation to a citation. Gary Folden said that Dee Petrella has approached him about residents asking for extensions and exceptions about their water bill and he needed to know how Council wanted to handle these requests since he is required to follow the Ordinance currently in existence. Council members discussed various ways of dealing with residents who would not or did not pay their bills on time, but decided that they needed more time to decide on how to deal with this issue. Motion By Gene Pool, second by Dave France to instruct the Administrator to follow the current Ordinance dealing with the water issue until the matter could be further reviewed. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Motion by John Synodinos, second by Dave France to pay bills as funds become available. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Motion by John Synodinos, second by Dave France to adjourn. Vote: John Synodinos yea, Dave France yea, Dave Smith yea, Robert Martin Sr. yea, Gene Pool yea. Motion passed 5-0. Next regular scheduled meeting is September 19, 2002 at 7:00 PM. C. Michael Payne Franklin Gene Pool Clerk Treasurer Acting Mayor