Regular Council Meeting Thursday, September 6, 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 present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne present, Administrator Walt Ziemba present. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by Thomas Bottorf, second by Robert Cochrun to approve the minutes from the regular Council Meeting held August 16, 2007. 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 Thomas Bottorf, second by Bob Gale to approve the minutes from the Special Council Meeting held on August 30, 2007. 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 Jason Mattern, second by Matt Parise to go into executive session to discuss potential litigation matters. 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 Matt Parise, second by Thomas Bottorf to return to regular session. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Persons Appearing Before Council Mayor Dave France announced that those appearing before Council as well as Council Members would be limited to five minutes on each subject matter. Jason Mattern announced that there would be a safety Committee Meeting held September 15, 2007 at 11:00 AM to discuss the Sienna Woods Parking Lot. He said that officials from Sienna Woods would be asked to attend. Chief Ed Laman requested that a Finance Committee Meeting be scheduled to discuss 2008 budget issues for the Police Department. Thomas Bottorf agreed to have a meeting on September 20, 2007 at 6:00 PM., which would be an hour prior to the Regular Council Meeting held at 7:00PM. Mrs. Sustick, 270 Cadiz Road, said that she would like the Village to repair her driveway that has been damaged due to water run off problems from Sienna Woods Nursing Home. Matt Parise asked the Solicitor to determine if the water run off problems at Mrs. Susick's property was caused by the Village or the Nursing Home. Chris Becker said Mrs. Sustick had the right to sue the Sienna Nursing Home for any damage she thought was caused to her property by the Nursing Home. He said that Businesses in that area were responsible for any sidewalk repairs in front of their property. He said they were also responsible for keeping those sidewalks free from gravel, snow, etc. Walt Ziemba said he would send a letter out to the property owners in that area requesting that the sidewalks in front of their property be repaired and/or cleaned. Jason Mattern said that when he invited Sienna Woods to the September 15, 2007 meeting he would tell then that a letter concerning the sidewalks would be sent to them. Mrs. Hesam Mirani, 8 Brittany Drive, Summarized the timetable of events from her prospective concerning the parking lot at Sienna Woods. She asked Council if Sienna Woods would be required to follow Village Ordinances regarding the parking lot. She said she had concerns about the safety of the project and the fact that a permit had been given to Sienna Woods for the parking lot without the drainage issues being addressed. She handed out to Council Members a folder of information that included pictures taken around their property concerning this parking lot issue. Jason Matten said that the drainage issues may not be addressed but the safety issues surrounding the parking lot would be discussed at the safety Meeting on September 15, 2007. Mr. Mirani, 8 Brittany Drive, thanked Council for the opportunity to speak on their concerns regarding this parking lot. He said that he had spoken to the Jefferson County Water and Soil Agency and EPA officials who agreed that the parking lot was a bad site. He said that he believed that Village Ordinance 1355 was not being followed with regards to the nursing home's parking lot. He also asked Council if any additional information had come to light on this matter and why all of his questions had not been answered regarding the parking lot. He said that he would be at the meeting on the 15th . Mayor Dave France said that he still believed that the Village Ordinances were being followed in construction of the parking lot. Walt Ziemba said that he would invite John McDevitt to the meeting on the 15th to discuss any engineering matters regarding this project. Rob Herrington, Director of the Wintersville Volunteer Fire Department, said that he would attend the meeting on the 15th to address safety concerns he might have surrounding the parking lot at Sienna Woods. He asked that the site plans or a drawing of the road to the parking lot be available at the meeting. Jason Matter said that he would invite Tim Campbell from the EPA and Brandon Anderson from the Jefferson County Water and Soil Agency to the safety meeting. Mr. Hauser, who also lives in the neighborhood of Sienna Woods, raised his concerns regarding water run off issues, fencing concerns, and the danger of the road entrance to the parking lot at the nursing home. He asked if he could have a formal letter sent to him regarding what was agreed to regarding this parking lot. Reading of Ordinances and/or Resolutions Resolution 2007-13: A Resolution accepting the amounts and rates for Village tax levies was read for the first time. Motion by Bob Gale, second by Robert Martin Sr. to waive the second that third readings of Resolution 2007-13. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Resolution 2007-13: A Resolution accepting the amounts and rates for Village tax levies was read for the second and third time. Motion by Bob Gale, second by Matt Parise to approve Resolution 2007-13. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Chris Becker said that he would prefer to have the second and third readings of the tabled Resolution 2007-15 to keep the process moving forward on the Assessment process for Sunset Gardens. He said that the Resolution allowed for a maximum assessment of $150,000, and that the exact amount could not exceed this amount, the Actual amount could be determined at a later date. Motion by Robert Martin Sr., second by Matt Parise to place Resolution 2007-15 back on the agenda. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Resolution 2007-15: A Resolution of Necessity for Assessment of Sunset Gardens residents was read for the second time. Reports, Announcements and Communications Mayor Dave France said that a letter from the Indian Creek parent Coordinator, Toni Jean Donzila was included in Council s packets. He said that in her letter she thanked the Village for the donations the Village had made. Mayor Dave France read the August 2007 Police, Code Enforcement, and Magistrate Reports. Mayor Dave France said that the executive Committee fro BHJ had met to discuss the Route 43 Project. He said that the ODOT representative said that the business owners near the construction could install a more attractive fence bordering their businesses, but they would have to pay the cost of any such fencing. Matt Parise asked the Solicitor what liability the Village would have if the fence was taken down by the Village that ODOT was prepared to install. Walt Ziemba said he would address this issue during his report. Administrator Report Walt Ziemba read the bids for the Sanitation Services for the Village. All bids were based on a per ton cost. 1 year bid amount 3 year bid amount Summer Cleanup Cost Dailey's $36.50 No Bid $60.00 J & J Refuse $49.13 $52.12 $65.55 Waste Mang. $40.60 $42.20 $35.00 plus 175 per haul Motion By Thomas Bottorf, second by Matt Parise to accept the one year bid of Dailey's for $36.50 per ton and the summer pickup rate of $60.00 per ton. 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 said that ODOT would be lowering the waterline around Sabina Drive to meet the required depth for these types of lines. Walt Ziemba said that he sent out the thank you letters regarding the summer youth program that Council had requested. Walt Ziemba said that the Ordinance would be followed regarding the utility billing for the Fernwood Terrace Apartments. Walt Ziemba discussed a right of way concern near the cemetery in the Garden Drive Area. Motion by Bob Gale, second by Matt Parise for the Administrator to proceed to abandon the right of way in Garden Drive adjacent to Platt #59. 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 said that all the homes in the Sunset Gardens are would be smoked next week. Walt Ziemba said that he had placed a copy of correspondence in Council's packet concerning the fencing issue around property owners near the construction on Route 43. In this correspondence the procedure was outlined for any business that wanted to install their own fence rather that a chain link fence that ODOT would be installing at the border of their property. He said that the property owners should send their request to New Philadelphia if they wanted to have their own fence installed. Walt told Council that the information regarding the fence was in the original language submitted by ODOT. Matt Parise asked that the Solicitor check on whether any fence had to be installed. Chris Becker said that he was concerned about the Village's liability if the fence was taken down. Robert Martin Sr. said that he had not seen this type of fence anywhere else. Motion by Matt Parise, second by Bob Gale to have the Administrator send a letter to ODOT expressing the displeasure of the Village and the businesses concerning requirement that a chain link fence be installed around businesses near the new construction on Route 43. 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 Chief Laman said that a letter sent to Mr. Burroughs, owner of the property on Troy Place, had come back as address unknown. The letter had been sent regarding the grass not being cut on that property. He suggested that the Village cut the grass and put the cost on the property taxes. Chief Laman said he would get in touch with Guida Realty to see who owns the property at the Old Clark Gas Station. Robert Martin Sr. said that the grass needed cut on a property on Locust Street. New Business Bob Cochrun said that the Ordinance Committee met and recommended that the Jake Brake (Ordinance 2007-11) be removed indefinitely and that a revised Ordinance be drafted to limit the requirements on Fernwood Road Only. Bob Cochrun said that the Ordinance Committee recommended to Council that the credit given to utility customers for the sewer portion of their bill be increased to 50% when the leak has been verified and the water does not enter the Village sewer system. Bob Gale asked that Administrator to obtain a cost to extend the sidewalk from Fernwood to Meridian Green. Transfers Motion by Robert Martin Sr., second by Thomas Bottorf to approve the transfers and increase in appropriations 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. Payment of Bills Motion by Robert Martin Sr., second by Matt Parise to pay bills 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 asked why the Village was still getting billed for internet service. Walt Ziemba said that he would follow up in why the agreement for free service had not started. For the God of the Village Bob Laukert, told Council that BHJ would be holding their annual banquet on September 19, 2007 for 6:00 to 8:30 PM Motion by Robert Martin Sr., second by Bob Cochrun 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 on September 20, 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