Regular Council Meeting Thursday, September 15, 2005 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price present, 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 absent, Administrator Walt Ziemba present. Moment of Silence (Honored Katrina Victims) Pledge of Allegiance Reading of Minutes Motion by John Synodinos second by Matt Parise to approve the minutes from the September 1, 2005 Regular Council Meeting. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Persons Appearing Before Council Paula Phillips, Normandy Drive, said that her August and September water bills were 31,000 and 47,000 gallons respectively due to a water pipe break. Motion by Matt Parise, second by Dr. Robert Price to discount the sewer portion of the Phillip's Water bill. Thomas Bottorf suggested holding off on approving the discount until the new ordinance authorizing the 25% discount is approved. Chris Becker said that the Ordinance would be prepared for the next Council Meeting. Robert Martin Sr. asked Chris Becker what difference would it make if the discount was given now prior to the Ordinance being passed. Chris Becker asked what Council would do with other individuals that previously had been made to pay the full bill before the Ordinance had passed. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Reading of Ordinances and/or Resolutions Resolution 2005-29: A Resolution supporting Issue I in the November election was read for the first time. Motion by Thomas Bottorf, second by Matt Parise to suspend the rules and waive the 2nd and 3rd readings of Resolution 2005-29. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Resolution 2005-29: A resolution supporting Issue I in the November Election was read for the 2nd and 3rd times. Motion by Thomas Bottorf, second by Matt Parise to approve Resolution 2005-29. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Ordinance 2005-30: An Ordinance revising section 933.05 of the Codified Ordinances regarding cross connection was read for the 1st time. Motion by Thomas Bottorf, second by Matt Parise to suspend the rules and waive the 2nd and 3rd readings of Ordinance 2005-30. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Ordinance 2005-30: An Ordinance revising section 933.05 of the Codified Ordinances regarding cross connection was read for the 2nd and 3rd times. Motion by Thomas Bottorf and Second by Dr. Robert Price to approve Ordinance 2005-30. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Reports, Announcements and Communications John Synodinos said that he would like to discuss the County Court renting space from the Village in executive session. Robert Martin Sr. questioned the need for executive session on this matter. Chris Becker said that the law authorized Council to go into executive session to discuss contract negotiations. Thomas Bottorf said that all of the information about the situation was already listed in the newspaper and he did not think that an executive session was necessary, he said that it seems that the two parties were only $100 per month apart from having an agreement. John Synodinos said that he did not want to discuss the details without going into executive session. Thomas Bottorf said that the committee could make recommendations to Council on this matter but any decisions had to be made by Council. Dave Smith said that the details had already been in the paper on this issue and that too much time had already been spent on this matter. He said that renting the space would be good for the Village and the Judge. Motion by Dave Smith, second by Thomas Bottorf to rent space to Judge Bednar's court for a period of 5 years at a rate of $1050.00 per month. Discussion on the motion: John Synodinos said that he was not in favor of this motion and it was detrimental to the Village to have a 5-year lease. He added that the Village was currently paying $8000.00 or $9000.00 per month for mortgage payments on the building and was not in favor of just giving away too much on this lease agreement. Matt Parise said that the Village should consider a 3 versus a 5-year lease with the County Court with no rent increase during the 3 years, or a 5-year lease with an increase after the 3rd year. Robert Martin Sr. said that he understands everyone wanting to get this lease arrangement done. He said the Commissioners approved $1100.00 per month for the court to pay the Village, so Council should not reduce what they could be getting for rent. Thomas Bottorf questioned the Administrator whether the heat would be turned up if the Court was located at the Municipal Building. Walt Ziemba said that they might use more water, but the heat should not be increased. Thomas Bottorf said the Village would pay a little more for electricity (lighting) if the court was in the building, but dragging out the negotiations was costing the Village to lose $850.00 or more each month. Matt Parise said that no one enters into a contract like this without increases. John Synodinos said that the Municipal building gas (heating) bill could double or triple with the court offices moving in. Robert Martin Sr. said he agreed with the idea of having increases in the contract. Dave Smith stated that the Village was losing money each month that this dragged on. Mayor Dave France suggested that Council should vote on the Committee's recommendation. John Synodinos said that the motion should be to have the committee make an agreement. He said if necessary the Committee could be enlarged. Chris Becker warned of having a quorum present if too many were on the Committee. Motion by Matt Parise, second by Dr. Robert Price to amend the motion to change the rental amount to $1050 for 3 years and $1250 for years 4 and 5 of the agreement. Motion by John Synodinos to table the amended motion did not receive a second. Vote on the Amended Motion: John Synodinos nay, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 5-1. Matt Parise said that the lease agreement terms previously agreed on should stay the same except regarding the rental amount just voted on and the internet and phone expenses. John Synodinos said that the terms were just thrown out the window by Council. Matt Parise said that the rent to be paid by the Court through the end of 2005 should be what they are currently paying. He said that remodeling costs would be the County's and any permanent fixtures would remain with the building. John Synodinos told the other Council members that they "screwed up" this situation and that negotiations were far from over. He said that the committee would have had something in a week or less and that Council was not acting in the best interest of the Village. Administrator's Report Walt Ziemba said that the City of Steubenville filed their appeal on the water suit. Chris Becker said that it could take up to 18 months to have the appeal process finalized. Walt Ziemba explained to Council about the Wintersville Fire Department's wish to consolidate their loans and the Village needed to be the sponsor for these loans. He said that there would be no liability on the Village's part, but that a process including a hearing and an Ordinance needed to be completed. Walt Ziemba updated Council on the telemetry project and said that the next step would be to set pins and fill in the ground. Thomas Bottorf asked if the location was back far enough if road expansion occured. Walt Ziemba said that it was. Walt Ziemba said that he would need Resolutions to apply for Issue 2 Funding for the following projects. 1) Gumps Lane (water line) 2) Garden Drive and Meadow Lane reconstruction 3) Resurfacing of Grandview and Terrace. 4) Manhole Project He said the application has to be in by November 4 and any approved projects could start after July 1, 2006. Motion by Matt Parise, second by Robert Martin Sr. to go back to reading of Ordinance and Resolution's part of the meeting. Vote: John Synodinos abstained, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 5-0 with one abstention. Resolution 2005-31: A Resolution allowing the Administrator to apply for Issue 2 funding for various projects was read for the 1st time. Motion by Thomas Bottorf, second by Dr. Robert Price to suspend the rules for the 2nd and 3rd readings of Resolutions 2005-31. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Walt Ziemba told Council that a property owner at 265 Beechwood wished to donate their property to the Village. He said there was no short term advantage for the Village to accept the property, but long term it could open up access to the park in that area, if an adjacent vacant lot was also acquired. Walt Ziemba requested that the next Council meeting be changed to Tuesday, October 4, 2005. Council agreed to this change. Walt Ziemba asked for an executive session regarding pending litigation for later in the meeting. Unfinished Business Walt Ziemba said that the cost to purchase the property for the telemetry location would be $2500.00. Walt Ziemba said that the old police cruiser was sold for $925. Walt Ziemba said that an advertisement had been sent out to rent the Woodridge property and that bids would be opened October 6, 2005 at 2:00 PM. Walt Ziemba said that the materials to do the repairs on Troy Place were available and work would begin as soon as the easement was completed. Walt Ziemba said he sent a letter to the Village's insurance agent Rocco Boniey regarding health insurance for new employee's after 30 days instead of 90 days. Walt Ziemba said that Waste Management had removed the fuel surcharge from their billings. Chris Becker told Council that it is legal to sell advertising on the Village's website, but he had concerns over the criteria. His opinion was that the village not allow commercial advertising. John Synodinos told Chris Becker that he did not want him to negotiate a water contract with Jefferson County that was higher than the current rate of $3.00 per thousand in the current contract. Robert Martin Sr. said that if the Water rate with the County was allowed to be increased then the Village should be allowed to increase their sewage rates paid to the Village by the County. Matt Parise said that any contract negotiated with the County should not raise rates over the current contract rate amount for the first seven years. Chief Laman said that he had tried to contract Mr. Kelly at the County regarding the illegal water connection but he was on vacation. He said he would call him again next wek. Chief Laman said that the grass on 118 Orchard had been cut by the owner and the the Village had cut the grass at 131 Orchard and the cost would be placed on their taxes. Chief Laman said that he was having a new sign put up on Walnut that would say "No Parking from here to corner". New Business Robert Martin Sr. said that he would be holding a Recreation Meeting next week. Thomas Bottorf said he would be holding a Finance Committee Meetings to help prepare the 2006 Budget. The first meeting would be with Walt Ziemba and Perry Pool on September 26, 2005. He said he would have a separate meeting with Chief Laman regarding his department in October. Chris Becker asked Council to approve the Sam's Way Easement for the Sickles Property. Motion by Dave Smith to approve the easement agreement for Sam's Way did not receive a second. Motion by Matt Parise, second by Dr. Robert Price to go into executive session to discuss pending litigation on the Sam's Way Assessment. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, 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 yea, Dave Smith yea. Motion passed 6-0. Chris Becker recommended to Council to approve the easement for the Sickles property in an amount not to exceed $10,000.00. Motion by John Synodinos, second by Matt Parise to approve the easement agreement for the Sickles property in the amount not to exceed$10,000.00 Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf nay, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 5-1. Motion by Johns Synodinos, second by Matt Parise to pay bills approved by Council as funds become available. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. For Good of the Village Diane Denny told Council that the pamphlet that was mailed out was wonderful. Motion by John Synodinos, second by Robert Martin Sr. to adjourn. Vote: John Synodinos yea, Dr. Robert Price yea, Thomas Bottorf yea, Robert Martin Sr. yea, Matt Parise yea, Dave Smith yea. Motion passed 6-0. Meeting ended at 8:50 PM. Next regularly scheduled meeting is Tuesday, October 4, 2005 at 7:00 PM. Mike Payne, Clerk Treasurer Dave France, Mayor