Rescheduled Council Meeting Wednesday, September 8, 2004 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price present, Dave Smith present, Robert Martin Sr. present, Matt Parise present, Thomas Bottorf present. Officials: Mayor Dave France present, 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 Thomas Bottorf, second by Dr. Robert Price to approve the minutes from the August 24, 2004 Special Council Meeting. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Person Appearing before Council Charles Green, Rex Avenue, presented a video tape and discussed with Council a water run off problem he was having at the back of his property. Mr. Green described damage to his property that first occurred on May 21, 2004. Subsequent to that he explained work that his neighbor Rob Strobel did on his property, to prevent future run off problems. He said that he had agreed with Mr. Strobel to do something about this problem but not what he ended up doing. Mr. Green said that he was told by Mr. Strobel that the Village had no ordinance that prevented one resident from creating water run off problems to another resident. Mr. Green also discussed a problem that needed addressed regarding a clogged storm sewer at the top of Day Circle. Mayor Dave France said that he and the Administrator were aware of the problems discussed by Mr. Green and were addressing them. Walt Ziemba said that he planned to apply for Issue II funding for a new catch basin in that neighborhood. He also said that several things were causing problems in that area, including the fact that there are several springs in the area and not enough catch basins. Walt Ziemba said to alleviate some of the water run off problems he plans to install a curb in this area over the next few weeks that will be a temporary solution until he is able to obtain Grant funding next year to install more catch basins and/or mill the entire Rex Ave. (John Synodinos asked to be excused from the remainders of the meeting do to a personal matter.) Perry Pool asked who was responsible to maintain the catch basin on Mr. Green's property that had been installed. Matt Parise said that he did not feel it was the Village's responsibility. Mayor Dave France said that the Code Enforcement Officer will review to make sure that water run off concerns are addressed in the future before approving building permits. Robert Martin Sr. said that the Village's Ordinances should contain something that prevents property owners from causing run off problems for other residents. Matt Parise agreed that something should be on the books that prevented this type of situation. Mayor Dave France also agreed that this should be part of the Village rules. Robert Martin Sr. said that the Village engineer, Mr. McDevitt, should go along with the Code Enforcement Officer if there is any question on whether a water run off problem might occur. Ordinances and/or Resolutions Resolution 2004-20: A resolution accepting the levy rates as determined by the County Budget Commission was read for the first time. Motion by Matt Parise, second by Thomas Bottorf to suspend the rules for the 2nd and 3rd readings for Resolution 2004-20. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Resolution 2004-20: A resolution accepting the levy rates as determined by the County Budget Commission was read for the 2nd and 3rd times. Motion by Matt Parise, second by Thomas Bottorf to approve Resolution 2004-20. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Ordinance 2004-19: An Ordinance amending section 1157.08 regarding fencing was read for the 3rd time. Motion by Thomas Bottorf, second by Dave Smith to approve Ordinance 2004-19. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Reports, Announcements and Communications Mayor Dave France read the Magistrate, Building Inspector and Police Reports for the month of August 2004. Mayor Dave France announced the Special Cleanup days for residents. Administrator's Report Walt Ziemba discussed with Council the two quotes received for timers for Village Christmas Lights. Robert Martin Sr. suggested that it would be less expensive to only purchase photocells instead of timers. Thomas Bottorf suggested that this matter be discussed by the Street Committee. Walt Ziemba said he had obtained a quote of $11,045 to purchase 10 fire hydrants. He also said he had two quotes to install 10 fire hydrants; the quotes were $7,500 from Vitello Contracting and $12,250 from Yeager Contracting. Dr. Robert Price inquired whether the Village had any liability exposure if these hydrants were not replaced. Walt Ziemba said that there could be liability exposure for the Village and that the hydrants are checked twice a year, and that the worst 10 are the ones that he is requesting to be replaced. Motion by Thomas Bottorf, second by Robert Martin Sr. to authorize the Administrator to purchase 10 fire hydrants at a price not to exceed $11,045 and to use Vitello Contracting at a price not to exceed $7,500 to install the 10 fire hydrants. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Walt Ziemba said that he had obtained a price of $3,762.50 from Shelly and Sands to construct an asphalt curb on Rex Ave. Matt Parise inquired as to the exact location of this curb. Walt Ziemba described the location. Motion by Robert Martin Sr., second by Thomas Bottorf to authorize the Administrator to have a curb installed on Rex Avenue at a cost not to exceed $3,762.50. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Walt Ziemba reported that AGK Restorations would begin the clarifier work on Monday September 13th. Walt Ziemba reported that he had received grading, road, and water/sewer plans for the Meridian Greene Development. Walt Ziemba reported that I & I plans were due for review from Hamilton and Assoc. in two weeks regarding Beechwood and Floyd Streets. Walt Ziemba said that he had met with Sarah Wallace from the Ohio EPA Department and they had discussed several issues including: -Backflow prevention for businesses. -Overflow on water tank -updated contingency plan -Bacterialogical plan -eliminating chlorine tank -addressing water loss and replacement of bad meters. Mayor Dave France said that many of those problems have existed since 1999. Matt Parise asked how many of these issues were legally required and how many were optional to do? Walt Ziemba said that a few items such as replacing values, water loss issues and the elimination of the chlorine tank were optional but most issues discussed were required. Walt Ziemba said that the recent spring cleanup had put a strain on the Village workforce. Walt Ziemba opened 3 bids for depository services. The three bids from local banks opened at the meeting were from Sky Bank which listed estimated monthly fees of $133.00, Bank One which listed estimated monthly fee at $97.89, and Advance Financial which did not have a total for monthly fees listed. Motion by Thomas Bottorf, second by Matt Parise to review the depository bids and select the best bid for the Village. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Mike Payne reported that Debbie Carney and Dee Petrella had compared the list of businesses with holding Wage Tax (supplied by RITA) to a list of businesses in the Village who were paying for sanitation. He said that there were approximately 20 -30 businesses that appeared to not be properly withholding Wage Tax. He said that the Administrator had agreed to send out a form letter to those businesses asking for the reason they were not withholding wage taxes from their employees. Mike Payne reported that the monthly health insurance premiums quoted by Boniey Insurance were going to be approximately $600.00 a month higher due to the history information filed with Medical Mutual. Unfinished Business Walt Ziemba discussed the Sam's Way project including the most recent timetable. Tom Kiger, 235 Sam's Way, asked how Council came up with only assessing 12 lots for their road project. Walt Ziemba explained that the Village Solicitor and the Attorney representing a majority of the property owners agreed that since the subdivision was platted for 12 lots that this would be the way to assess the owners. Matt Parise acknowledged that assessing only 12 lot owners was unfair since other property owners would benefit without paying the assessment costs. Robert Martin Sr. said that he was concerned that the project would be delayed further if the decision on how many lots to be assessed dragged on. Dave Smith said that although it was more fair to share the costs with all that benefited, but the Solicitor said that 12 lots was the number to use since the subdivision had been platted that way. Paul Michetti, 239 Sam's Way, said that there were property stakes on the left side of the road that should be considered when determining who to assess. He also thought that a 10-year pay back period for the assessment was to short. Matt Parise said that the payback period would be longer if the Village could legally arrange it. Doug Schaffer, 237 Sam's Way said he was disappointed how slow the process was going to get their road fixed up. He said that he was in favor of using 12 lots as the number to pay on the assessment costs if that would move the project along quicker. Matt Parise said that everything would have to fall into place perfectly if the road was to get done this year. He said that it would make more financial sense to wait until next year to do the project if the construction costs were going to be 25% higher this year and the residents could also avoid interests costs if it was done next year. Walt Ziemba said that he should have the plans for the road within a week and would hold a pre bid meeting on site. He said that a Special Meeting may be called at the end of the month to open the bids. Matt Parise said that the bid specifications needed to state that construction may be delayed by the Village until next spring or even July 1, 2005. Tom Longo, 221 Sam's Way, complained that the Village was responsible for the road not being built. He also felt that the assessment should be divided by more than 12 lots. He said he would be in favor of the assessment if the Village obtained an interest free loan and divided the costs by more than 12. Robert Martin Sr. said the planning Commission was responsible for letting the houses be built prior to the road constructed. He said that they thought that they were doing a good thing because the builder said he would file bankruptcy if they did not allow him to keep building. Mayor Dave France appointed an Ad Hoc Committee consisting of Robert Martin Sr., Matt Parise and Thomas Bottorf along with two Senior Citizens to review the feasibility and need to convert the Leonard Ave. building into a Senior Citizen Center. Mayor Dave France agreed to have at least one of the Senior Citizens Committee members someone who was currently a member of the Senior group who meet at Florian Hall at the request of Matt Parise. Matt Parise said that it had been 3 weeks since he had discussed the property on Warren Lane needing to have the grass cut, and it still had not been done. Chief Laman said that the owners had been notified of the problem. Matt Parise reminded the Administrator that he and the Solicitor needed to determine the Village service line on Warren Lane. Dave Smith said that all of the School lights were working except one. Walt Ziemba said he would follow up on this. New Business Robert Marin Sr. said that he had spotted a flag on the ground and that the Village should avoid having this occur. Robert Martin Sr. suggested that the Village should consider putting a fence around the new playground equipment. He said he noticed older kids hanging around the area that were too big to use the new playground equipment. Walt Ziemba said that he intended to put up signs and fencing in the area. Robert Martin Sr. offered to lock up the area every night if fencing was installed. Matt Parise inquired about the status of the telemetry system, to help use less expensive county water. Walt Ziemba said he would check on the status of this. Matt Parise discussed the topic of having the Halloween party again this year. Mayor Dave France said that the Village may also want to consider having a haunted house at the Leonard Ave. building. Robert Martin Sr. said that this could also be done at the elementary school. Motion by Thomas Bottorf, second by Dave Smith to pay up to $1000 for expenses related to a Halloween Party that were turned in to the Treasurer's office. Discussion on motion: Robert Martin Sr. said that the expenses that the Village reimbursed for last year were $1500 and that all the kids might not receive candy or as much candy if the funding was reduced. Matt Parise agreed that the Village funding should remain at $1500.00. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. nay, Matt Parise nay, Thomas Bottorf yea. Motion passed 3-2. Matt Parise suggested that Thomas Bottorf be part of the Halloween Committee. Robert Martin Sr. said that he would set up a meeting to discuss the Halloween Party. Matt Parise said that Part II of the Ohio Municipal League seminar series was coming up and that funds would need to be transferred to the Council travel line item so that he and Council Persons Robert Martin Sr. and John Synodinos could attend the seminar in early October. He said he would put together a estimated budget of the amount of funds needed for the three of them to attend the meeting. Matt Parise asked Mayor Dave France why he attempted to hold the regularly scheduled meeting the prior week when he knew that there would not be enough Council persons to make a quorum. Mayor Dave France said that it was going to be his policy to take roll call for all scheduled Council Meetings. Matt Parise said that this could cause an inconvenience for residents planning to attend. Thomas Bottorf said that tap fees were discussed at the Finance Committee meeting and he would be working with the Solicitor to review the language for this. Thomas Bottorf said that he was going to schedule a Finance Committee meeting for 6:00 P.M. Thursday prior to next weeks regular scheduled Council Meeting to continue to discuss next year's budget. Mayor Dave France asked Council to approve the transfers submitted by the Clerk Treasurer. Matt Parise questioned who had authorized the purchase of software for the Administrator's Secretary. Mayor Dave France said he had authorized the purchase. Matt Parise said that the Mayor did not have the authorization to approve this purchase only Council had authorization to approve purchases not budgeted. Mayor Dave France said he would look into this authority to purchase the software. Motion by Matt Parise, second by Robert Martin Sr. to approve all of the items of the transfers listing except for the administrative software. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Thomas Bottorf, second by Dave Smith to also approve the transfer of funds to purchase the Administrative software. Discussion on Motion: Mayor Dave France said that he did not really have the authority to authorize the purchase of the software but thought that it needed to be done right away. He said that at the time it was an emergency. Robert Martin Sr. said that in the future the Mayor needed to avoid doing this without getting Council's approval. Mayor Dave France said he would not do this again. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise nay, Thomas Bottorf yea. Motion passed 4-1. Motion to pay the bills that had reviewed by Council and when funds are available. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. For the Good of the Village None. Motion by Robert Martin Sr., second by Dave Smith to adjourn. Vote: Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Next Regularly scheduled meeting is Thursday, September 16, 2004 at 7:00 PM. Finance Committee Meeting scheduled for 6:00 PM prior to the Regular scheduled meeting. C. Michael Payne, Clerk Treasurer Dave France, Mayor