Regular Council Meeting Thursday, September 16, 2004 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price absent, Dave Smith present, Robert Martin Sr. 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 Matt Parise, second by Robert Martin Sr. to approve the minutes from the September 8, 2004 Rescheduled Council Meeting. Corrections/additions to the minutes: Thomas Bottorf corrected a motion he made on page 194 of the minutes to read as follows; To have the Administrator and Clerk Treasurer review the Depository bids and report back to Council their selection of the best bid for the Village. Thomas Bottorf corrected the statement made by Walt Ziemba on page 196 to read as follows: Walt Ziemba said that he intended to put up signs and guardrails in the area. Matt Parise asked that the statement he made concerning the Halloween party be added on page 196. The statement had to do with why Matt Parise voted no on the motion to contribute $1000.00 to the Halloween party. The following statement was made at the meeting: Matt Parise said that he was in favor of the Halloween Party but not at the funding level of $1000.00 as the motion had been made. Vote on Motion: John Synodinos abstained, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 4-0 with 1 abstention. Persons Appearing before Council Michael Chappel, South Avalon, asked Council what they planned to do about the water run off problem around Troy Place. John Synodinos discussed some of his suggested recommendations for improvements to help deter the water run off in that area. Mayor Dave France said that the Administrator was looking into the situation. Walt Ziemba said that the Village would have to go on private property to address the problems. He said that the catch basin in that area was not adequate. He said that he would have dye used in the drain to see where the problem was occurring. He also said that easements would be needed to allow Village crews to go on private property. Matt Parise said that the run off from Troy Place was only part of the problem; he said the duplex area was also a contributor to the water run off situation. Chris Becker said that unfortunately property owners on the lower end are forced to take water from property owners including the Village who are on higher ground. He asked the property owners to be patient while the Village researches remedies for this area. Robert Martin Sr. said that if the Village is dumping water in the area, it needs to be addressed. Mike Chappell invited Council Members to view the clay pipe of the Villages that was contributing to the problems. John Synodinos said that the Village should take care of the problem if it was creating it. Chris Becker agreed that if the Village is diverting water on to private property that something needs to be done. Dan Ostovich, 131 Troy Place, said that some neighbors in the area pump water into the catch basin. Walt Ziemba said that is what the Village wanted them to do. Dan Ostovich said that the road near his property was falling apart. He said he realized that the Village was not responsible for the mudslide in the area but he would like the Village to consider having fill dumped there. Chris Becker said that the main reason the Village does not use it's discretionary powers to go on to private property is because of potential negligence. Dan Ostovich said that approximately 310 tons of fill would be needed to help this area. He added that he would be willing to grade this if the Village would put it there. Walt Ziemba said that Troy Place has no curbs, and needs additional drainage. He said that if grant money was available additional things could be done in the area. He said that the best fill for this area would be large rock. Chris Becker said that he strongly urged the Village not to go on private property to do this type of work. He said that it would set a bad precedent and would open the Village up to liability problems. Beth Ostovich, 131 Troy Place, said she had contacted Bob Yeager about doing work in this area and asked if the Village would consider supplying the fill. Chris Becker said that if the Village supplied the fill and the problem wasn't solved, the Village would be opening itself up to additional liability. Matt Parise asked dif the Village could just give the contractor excess fill that was lying around. Chris Becker said that might be less of a liability but he still recommended against doing this because a precedence would be set. He said that if Council did decide to do this, he would suggest the contractor sign a release of liability. Robert Martin Sr. suggested that the contractor, apartment owner and those affected sit down and discuss this situation. Beth Ostovich said the had talked to representatives about Federal Assistance for this problem. She said the Federal Officials referred her to the County, who sent her to the Village. She said that the only way they were eligible for help was if the water level was over their first floor. Robert Martin Sr. asked the Administrator to help them get in touch with officials that might help them. Reda Means, 130 South Avalon, said that she put drains all around her home but last year she still lost her rec room to water damage. She said her home just could not take all the water off the hill. Walt Ziemba said that no matter what was designed it could not help all of the water problems in this area. Reda Means asked if she could cut off the Village pipe in that area and run the water under the road. For the Good of the Village Kim Wood, 129 Garden Drive, said that the last week and a half the sewer smell in her house was so bad that they had to keep the windows open. She asked what Council thought she should do next, to get relief from this problem. Walt Ziemba said that the Village had hired a consultant to look at this odor problem in the area. He described some of the steps that the Village would be doing to alleviate the odor including speeding up the pumps to avoid the smell from going septic. He said he is working with the County on the problems, but they have been reluctant to help on this problem. Dave Smith asked if there was anything mechanical that the Wood's could do to help stop the odor. Walt Ziemba and Thomas Bottorf said that traps are made to alleviate these odors. Robert Martin Sr. said that since the Village is taking County sewage, they need to help out on this issue. Matt Parise said the problem at the Wood's has to be within the house. Walt Ziemba said that Village employees had told him that the County was not putting chemicals in on their end. Mayor Dave France said that the consultant used by the Village agreed that the Village was using the correct amount and type of chemicals. John Synodinos suggested that the Wood's try putting a small amount of water down the drain occasionally, something that had worked on a similar problem he had. Kim Wood also complained about a problem with her water meter. Mayor Dave France said the Village would look into her meter problem. Reports, Announcements and Communications Mayor Dave France said that he would appoint two Senior Citizens by the next meeting to serve on the Committee that's purpose was to consider using the Leonard Ave. building for a Senior Citizen meeting place. Mayor Dave France announced a Ribbon Cutting ceremony at a new business located at the corner of Main Street and Leonard Ave. The Business id the Herald Square and the Ribbon cutting would be held Friday, September 17, 2004 at 11:00 AM. Mayor Dave France said that the record retention commission for the Village would be holding a meeting at 6:00 PM prior to the Regular Council Meeting on October 7, 2004. He said the committee is comprised of himself, the Solicitor, Clerk Treasurer and a private citizen he selected Robert Gale. Administrator's Report Walt Ziemba said that the sandblasting project on the sewer tanks is underway. Walt Ziemba said that pumps at some of the lift stations need replaced or repaired and both options were quite expensive. He discussed rebuilding one of the pump motors at a cost of $10,079 versus $20,000 for a new one. He cited another pump that had not been working for over two years. Walt Ziemba said that he was preparing a letter to go out to business's that may not be correctly withholding wage taxes from their employees. Walt Ziemba said that the Sam's Way drawings should be available any day. He said a pre bid meeting would be held at the site, probably next week. He said that the bids will probably be opened at the next regular Council meeting instead of a special meeting at the end of September, because of the time line for advertising. Walt Ziemba said that the problem with the school light that is not working is being addressed. Walt Ziemba said that he would like to attend a Storm Water Conference in Columbus on October 6 and 7 where funding for projects will be discussed. Motion by Robert Martin Sr., second by Matt Parise to approve the Administrator to attend the seminar in Columbus on October 6 and 7, 2004. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Unfinished Business Mike Payne stated that he and the Administrator had agreed that the best bid for banking services was Bank One. He said that the bid from Advanced Financial did not include Investment sweep services that allowed the Village's depository funds earn more interest. Motion by Matt Parise, second by Thomas Bottorf to select Bank One as the Village's Depository Bank for 3 additional years beginning October 1, 2004. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Walt Ziemba said that the grass had been cut on the property at Warren Lane that had been previously discussed. However, the grass was only cut on one side of the property. A determination of whether the other side and the back of the property was in the Village limits had not been determined. Chris Becker said he would check on this situation on Thursday, September 23, 2004. Josephine Wszeborowski, Richmond, complained about the way Lash Paving performed the recent paving project which led her to have a flat tire when driving on the road Lash was working on this summer. Chris Becker suggested that Mrs. Wszeborowski submit a claim to the Village's insurance company, who would determine if the Village was at fault. Walt Ziemba said that he would contact Mrs. Wszeborowski on Monday on how to get in contact with the Village's insurance company. John Synodinos stated that the group putting the Halloween Party on would be hard pressed to make ends meet with only $1000.00 being allocated towards the expenses of the event. He said that this event was a great success for all the children who attended and that even though there was support from local businesses he did not feel that the budget should be reduced from the $1500.00 received in the past. He said that it is hard to keep hitting up business for support for so many different events. Motion by John Synodinos, second by Matt Parise to increase the amount previously approved for the Halloween Party from $1000.00 to $1500.00. Vote: John Synodinos yea, Dave Smith nay, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf nay. Motion passed 3-2. Council discussed the need to transfer additional funds to Council's Travel budget line item to allow Matt Parise, John Synodinos and Robert Martin Sr. to attend additional training in October. Motion by Matt Parise, second by John Synodinos to transfer $1000.00 from the contingency line item to the council travel line item. Discussion on the motion: Mayor Dave France said that he and the Administrator were going to the same seminar and would be staying at a motel that was less expensive than the motel where the other Council Persons (where the conference was being held) indicated they would be staying. He said he supported individuals going on this training. Dave Smith said that expenses for Council travel needed to be budgeted for during the budget meetings held in the fall. He said that initially the budget for Council travel had been $1000.00 and then increased earlier this year and now it was needed to be increased again. Matt Parise agreed that the budgetary process was the time to discuss the amount needed to put in the budget. Vote: John Synodinos yea, Dave Smith nay, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf nay. Motion passed 3-2. Thomas Bottorf said that the Solicitor would be reviewing some tap fee changes concerning projects like the upcoming Meridian Greene situation. New Business Matt Parise asked the Mayor if the "Good of the Village" part of the meeting could be moved up in future Council Meetings so that those who wished to address Council would not have to wait so long. Mayor Dave France said he would consider this suggestion. He said the reason he had put this at the end of the meeting was that he was trying to have people who wished to address Council call and be put on the agenda so that he and Council would have time to prepare for concerns that might be brought to their attention. Matt Parise inquired whether a determination had been made on where the Village service line was on Warren Lane. Chris Becker said that the line for Village services started at the old farm house located on that street. He said he would give Council this opinion in writing. Matt Parise said that checks for hotel rooms would be needed for the Crown Plaza and Radisson Hotels for those attending the upcoming seminars. Mike Payne said that preparing those checks could be considered an emergency since no Council meeting would be held prior to the next meeting. Dave Smith asked how many vehicles were going to be traveling to this meeting and why did the Council persons going need to stay at the more expensive Motel. Thomas Bottorf said that he had met with Jim Zorbini and Jack Gilmore from Jefferson County concerning the telemetry system. The County had prepared a better estimate of the cost and installation of the system that came to a total of $69,496.54 of which the Village would be responsible for half of the cost. He said that the County wanted to make sure the Village still wanted to proceed with this joint purchase. Matt Parise said that he would like to see a more defined breakdown of the telemetry system costs. He said that he thought that a private contractor was going to be installing the system and since the County was going to be doing some of the work the costs should be lower. Motion by John Synodinos, second by Thomas Bottorf to pay half the actual costs of the total amount to purchase and install the telemetry system not to exceed $35,000.00 to be paid by the Village excluding the real estate costs. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Thomas Bottorf, second by John Synodinos to approve the transfers submitted by the Clerk Treasurer. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Matt Parise, second by Robert Martin Sr. to pay bills reviewed and approved by Council as funds become available. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Robert Martin Sr., second by Thomas Bottorf to adjourn. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Next regular Council meeting will be October 7, 2004 at 7:00 PM. with a Records Retention Commission at 6:00 PM. C. Michael Payne, Clerk Treasurer Dave France, Mayor