Regular Council Meeting Thursday, September 20, 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 Matt Parise, second by Bob Gale to approve the minutes from the September 6, 2007 Regular Council Meeting. Matt Parise asked if the prepared statement that had been read by Mrs. Sustick at the previous meeting could be included as an attachment to the minutes. Clerk Treasuer Mike Payne said that he did not want to start a precedence of attaching prepared statements from the public to the Village Minutes. Vote on Motion: 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 None. Reading of Ordinances and/or Resolutions Resolution 2007-15: A Resolution of Necessity for Assessment of Sunset Gardens residents was read for the third time. Motion by Bob Cochrun, second by Thomas Bottorf to approve Resolution 2007-15. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2007-17: An Ordinance restricting Engine Braking was read for the first time. Motion by Robert Cochrun, second by Bob Gale to suspend the rules for the second and third readings of Ordinance 2007-17. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2007-17: An Ordinance restricting Engine Braking was read for the second and third times. Motion by Bob Gale, second by Bob Cochrun to approve Ordinance 2007-17. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2007-18: An Ordinance changing the discount on Sewer Bills was read for the first time. Ordinance 2007-19: An Ordinance updating the codification of Village Ordinances was read for the first time. Motion by Thomas Bottorf, second by Bob Gale to declare Ordinance 2007-19 an emergency and waive the second and third readings. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2007-19: An Ordinance updating the codification of Village Ordinance was read for the second and third times. Motion by Thomas Bottorf, second by Bob Gale to approve Ordinance 2007-19. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Reports, Announcements and Communications Mayor Dave France reminded residents that they were not allowed to park on Village streets in the winter season without obtaining permits. Those permits must be obtained by November 1st. Mayor Dave France asked that the Administrator check with the City of Steubenville to see when their date and times for Halloween would be observed. Mayor Dave France said that the Village Offices would be closed on October 8, 2007 in observance of Columbus Day. No sanitation schedule changes would take place. Administrator Report Walt Ziemba told Council that he had included in their packets correspondence regarding the issue of having a fence bordering the property owners and Route 43. Chris Becker said that he would check on the issue of how to handle the situation when ODOT did not cut the grass around route 43, for property they were responsible for. Matt Parise said that he would contact Mr. Bible from ODOT regarding the fencing issue bordering Route 43 and businesses in that area. Walt Ziemba said that he had requested that ODOT relocate the waterlines on Two Ridge Road. Walt Ziemba said that L & M Satellite had paid the initial $200 to the Village for the tower spot they had installed on the Village water tower. He said that the internet service installed by Freund Enterprises was running. He said that in order to take advantage of the free internet service the Village would need to purchase equipment in the amount of $2400. Walt Ziemba told Council that the Jefferson Soil and Water Conservation District had sent a letter asking the Village to renew the agreement with them at an annual cost of $5000. He said that he would find out how the dollar amount was calculated that determined Wintersville's Cost. Walt Ziemba told Council that he had included in their packet information regarding changes to the Video franchise law. Walt Ziemba said that the recent smoke tests done in Sunset Gardens uncovered 18 violations by residents in that area and that certified letters had been sent to residents with violations. Walt Ziemba reported that the cost to put Village Ordinances on line would be a one time fee of $2500.00 and $30.00 monthly, thereafter. Chris Becker said that he would follow up with Drane to see how quickly changes in Ordinances were updated and if there were additional costs to make those changes. Walt Ziemba said that he had issued the one year award letter to Dailey for the sanitation services including Spring Cleanup for the year beginning October 1, 2007. Chris Becker said that he would have the Ordinance at the next Council meeting for the skilled gaming license fee. Walt Ziemba said that he would be bringing to Council a price at a future meeting to replace the striping on Cadiz Road from Krogers to the West border of the Village. Bob Gale asked that a price for the reflective stripes be obtained as well. Unfinished Business Walt Ziemba gave Council a brief update of the Garden Drive project including the fact that the project should be finished on time or ahead of schedule. Walt Ziemba said that he had walked the sidewalk area around Sienna Woods nursing home and did not find any gravel or major cracks in the sidewalk. Thomas Bottorf asked for an update on the water run off concerns of the residents near the proposed new hospital. Walt Ziemba said that there were several things done to open the flow of water in that area. Chris Becker said that he would not recommend that the Village put up "watch children" signs in the Village since these signs were not included in the uniform manual, and therefore might increase Village liability. Mrs. Nelson asked if a private citizen could put up these signs in their yard. Chris Becker said they would have to obtain advice from their own attorney on that question. Chris Becker said that he had discussed the Sienna Nursing Home parking lot situation with Mr. Mirani's attorney and he felt that he and Mirani's attorney were pretty much in agreement that the deed restriction issue was a civil matter between Mr. Mirani and the Nursing Home. Walt Ziemba said that the EPA is following up on the acreage issue concerning the Nursing Home's construction. Jason Mattern said that Rob Herrington from the Wintersville Volunteer Fire Department had no safety issues with the access road to the nursing home as long as the map presented to him accurately reflected the final construction. New Business Robert Martin Sr. said that he had met with Dr. Reddy and Commissioner Graham regarding the proposed hospital acquiring additional Property around their site. Robert Cochrun said that residents of Amos Lane are interested in annexing into the Village. Matt Parise asked if the retainage for Yeager Contracting was still being held back for the Sunset Garden Project. Walt Ziemba said that the project was on target and that the retainage was held back. Thomas Bottorf said that the Finance Committee had met at 6:00 PM prior to the Council meeting and had discussed a proposal concerning how to spend levy funds generated by the new police levy and they also discussed a proposal by a consulting firm used by RITA to update the Village's wage tax ordinance. Motion by Robert Martin Sr., second by Matt Parise to approve the transfers 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. Motion by Robert Martin Sr., second by Robert Cochrun 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. For the Good of the Village John Synodinos said that the water fountain in the back of the Council Chambers still did not work properly. Robert Laukert, Village representative to BHJ, said that at annual awards banquet Mayor Dave France was presented with the annual Community Service Award. He said that the next BHJ meeting would be September 26, 2007. Motion by Robert Martin Sr., second by Thomas Bottorf 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. The Next regularly scheduled Council Meeting is October 4, 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