Regular Council Meeting Thursday, October 2, 2003 Mayor Robert Cochrun called the meeting to order. Roll Call: John Synodinos present, Dave France present, Thomas Bottorf present, Robert Martin Sr. present, Beth Rupert present Dave Smith present. Officials: Mayor Robert E. Cochrun present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne present, Administrator Gary R. Folden absent. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by John Synodinos second by Dave France to approve the special meeting concerning ODOT Representatives and Sabina Drive residents held prior to the regular Council Meeting on September 18, 2003. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. John Synodinos said that he had an addition to the minutes of the regularly scheduled meeting on September 18, 2003. He said that he would like to add his comment that “Anybody who voted on having Community Days outside the Village was stupid”. This comment was made in the discussion between himself and Brian Bickerstaff. Motion by John Synodinos, second by Robert Martin Sr. to approve the minutes from the regular Council Meeting held September 18, 2003 including the above addition. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Persons Appearing before Council Ray Cumiskey and Suzzane Kresser from the United Way, asked Council to allow them to give pledge cards to the Village to place in employee paychecks asking for contributions to the United Way. Council agreed to this request. Michael Blackburn, instructor at Indian Creek High School, explained that his class would like to take on the project of taping Council Meetings to air on Cable channel 95 beginning in January 2004. He said that they would have a few practice runs prior to this time that would not air on TV. He presented a brief videotape of a small project his class had worked on. He said that he would not edit the tape of the meetings unless requested by Council prior to airing the meetings. Council members agreed that the meeting should not be edited. Beth Rupert said that this would establish a partnership with the school and Comcast and that the was a positive for the Village. Dave Smith said that Council Members should watch their behavior and language in future meetings, since they would be viewed by the public. Mayor Cochrun agreed that this process would help the public learn what goes on at the meetings. Kurt Graddish, Comcast, said that his company would air the tape for Council at whatever time and day they would prefer. Dave France asked if Comcast would advertise the time of these meetings. Kurt Graddish said that he did not believe that they were permitted to do this. Michael Blackburn said that it would only take a day or two to prepare the tape after the meetings. Council agreed to come up with a time to air the meetings. Mark Bevilaqua, Wintersville Fire Department, said that the WVFD was close to raising the $30,000 needed to purchase the thermal imaging cameras through the fund raising effort they had started. He explained how these cameras helped during fires to determine things like where someone might be trapped in a building that was on fire. Beth Rupert commended the WVFD for their recent efforts helping an injured Indian Creek Football player after he had become critically injured during a game. Fred Hlad, who represented the contractor who is constructing the new street garage for the Village, said that he was appearing before Council to explain the change order for the base of the building. He explained that his company had brought in a soil engineer to determine the best approach to solidify the ground under the building since they had encountered major problems with the soil and items contained in the ground. He said that his change order in the amount of $34,976 included all costs associated with correcting this problem, including $4500 for the payment of the soil engineer for his study and recommendations. Robert Martin Sr. asked about any additional soil testing that might be required. Perry Pool said that a “Phase One” test had already been done on this site and that no other tests needed to be done. John Synodinos asked what was already in the contract that might require the contractor to absorb this cost. Mr. Hlad said that the contract price assumed that everything was already normal in regards to the ground beneath where the structure would be built. Gary Smith suggested that the contractor consider an alternative to the recommended change order that would be significantly less expensive. Mr. Hlad said that his company was following the recommendation of the soil engineer. Beth Rupert said that she had concerns about building on this site. Mr. Hlad said that if the change order was completed as recommended that the soil and ground would be secure. Dave France asked if an opinion could be given as to why pile asters could not be used as an alternative. Mr. Hlad said that other alternatives could be explored but that additional costs would be incurred because they would be held up and approvals would take time and money if other alternatives were explored. Chris Becker said he would review the contract to see if the Village would incur any penalties for delaying the contractor from completing the garage. Robert Martin Sr. said that he felt the contractor should share some responsibility for these change order costs. Mr. Hlad said that anytime a contractor takes on these jobs it is assumed that the soil is ok. Beth Rupert asked if the administrator could explore the option of another site, close by to construct the building, possibly on Ellsworth. John Petrella asked if any plans needed filed with the State regarding the change order. Mr. Hlad said that this would be filed by the soil engineer. Mr. Hlad asked Council what their goal for this project was since his company’s hands had been tied up for the past 4 weeks. John Synodinos said that Council should be able to give him an answer within a week. Thomas Bottorf said that as soon as options have been explored they would get the project rolling since delay costs might start being incurred. Gary Smith explained how his projects had been done using piling (Case-ons). Mr. Hlad said that if Case-ons were used it would take up to 6 weeks for state approval and the floor issue would still have to be addressed. He said that additional costs would be incurred if they had to go back to the state for approval. Mayor Cochrun appointed Thomas Bottorf, Beth Rupert and Robert Martin Sr. to meet with the soil engineer to discuss options available for this project Dave France said that the contractor needed to be given a time frame to get back to work on the project. Mr. Hlad said that the engineer would need to do additional studies and boring tests that would take around 30 days. Matt Parise asked Mr. Hlad if his firm had received multiple bids to do the engineering study. Mr. Hlad said that the has used several firms in the past, but in most cases, like this situation, he arranged to use a firm who was available. Gary Smith said he would like to see if Council would pave Renee Drive near the old Sunshine Youth Center even though it is not a dedicated Village Street. Chris Becker explained that he had just prepared an opinion for a similar situation regarding Sam’s Way that prohibits the Village from making improvements to undedicated streets, unless the project would go through a property tax assessment process. Gary Smith said that since he was the main property owner along one side of the road this would give him something to consider. Gary Smith thanked Council for the work that had been done on Luray Drive recently. Beth Rupert asked if Gary Smith had concerns over lighting on Luray Drive. Gary Smith said that the area past the Drive-In could use more lighting. Dr. Todd Hagen asked if a property tax was assessed would it only be on the residents who have property on Sam’s Way. Chris Becker agreed that those owners who had property on that road or in that area would be the people paying any tax assessment if the Village were to make road improvements. Bob DiBenedetto, a member of the Planning Commission asked if any variance issued regarding the road and cul-de-sac on Sam’s Way would remain in place if the improvements were made through a property tax assessment. Chris Becker said that the variance would not apply, which would probably increase the cost of the improvements. Reading of Ordinances and/or Resolutions None Reports, Announcements and Communications Mayor Cochrun said that the Village offices would be closed for Columbus Day, October 13, 2003. Mayor Cochrun told Council that Steubenville would be holding trick or treat hours on Thursday, October 30, 2003 from 5:30-7:30 and asked if Council wished to have the same time for Wintersville. Robert Martin Sr. said that he would like to hold a party again this year for the youngsters at the Elementary school. He said that since the party would start at 6:00 PM. Motion by Robert Martin Sr., second by John Synodinos to hold trick or treat hours from 5:00 PM. to 7:00 PM. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. After some discussion regarding the start time of Trick or Treat hours, Council agreed that many people might get off work at 5:00 PM and that the start time should be at 5:30 PM. Motion by John Synodinos, second by Robert Martin to amend the precious motion to hold Trick or Treat hours from 5:30 to 7:30 PM. on Thursday, October 30, 2003. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea Dave Smith yea. Motion passed 6-0. Motion by Robert Martin Sr., second by John Synodinos to have the Village pay bills up to the amount of $1500 for the Halloween Party to be held at Wintersville Elementary School on Thursday, October 30, 2003 from 6:00 to 8:00 PM. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Old Business John Synodinos asked Chris Becker on the status of water negotiations with the County. Chris Becker said that the County had already submitted their best offer to the Village and that he would prefer discussing any other details regarding water negotiation in executive session. Motion by John Synodinos, second by Robert Martin Sr. to stop negotiations with Jefferson County regarding taking over the Village’s water and sewer operations for any specified period of time. Vote: John Synodinos nay, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. nay, Beth Rupert yea, Dave Smith yea. Motion defeated 4-2. Dave France said that the Village needed to continue to look at all alternatives for obtaining the best deal for water for the residents. Robert Martin Sr. said that he had not seen any alternatives. Dave France said that Council needed to look at all options, which included those that contained future obligations to the Village. Dave Smith said that the Village could not make decisions without exploring all the alternatives including future expenses such as EPA related expenses. John Synodinos said that it was common knowledge that $93,000 would need to be taken from the General Fund if the County would to take over the water and sewer operations. Mike Payne explained that his estimate of $93,000 assumed that no changes in personnel or other expenses currently allocated to the utility funds would change. Robert Martin Sr. said that he did not wish to cut any personnel costs and that the discussion of EPA expenses in his opinion was imaginary. Motion by Dave Smith, second by Dave France to go into executive session to discuss water purchase contract negotiations. This motion was rescinded since another motion was still on the floor. Thomas Bottorf asked that Mike Payne and Gary Folden get together to discuss the costs involved in the different options. Matt Parise, 215 S. Avalon Drive, asked the solicitor if negotiations with the County were to stop would the current contract with the County still be in affect for the duration of the term in the contract. Chris Becker said that the contract would still be in effect. Matt Parise asked if he could get a copy of the current draft of the contract that is being negotiated with the County. John Synodinos asked Chris Becker if there had been any negotiations in the last few weeks on the water contract issue. Chris Becker said that there had not been any. Beth Rupert said that a Business Plan needed to be prepared for various options available to the Village. Motion by Dave Smith, second by Dave France to go into executive session to discuss water contract negotiations. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. nay, Beth Rupert yea, Dave Smith yea. Motion passed 5-1. Motion by John Synodinos, second by Thomas Bottorf to return to regular session. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Beth Rupert asked to be excused from the remainder of the meeting. New Business John Synodinos said that the sanitation committee met to discuss rates prior to the Council Meeting and has scheduled another meeting for 6:00 PM Thursday, October 16, 2003 prior to the next Council Meeting. Robert Martin Sr. said he would like to see the Village building on Leonard Avenue be used as a senior citizen activity center. He said that John Petrella had said that he would be willing to help fix up this building to serve this purpose. Chris France suggested that the Village see if any grants were available to help with this project. Dave Smith distributed information regarding contributions needed for the Shop with a Cop program which helps purchase Christmas items for under privileged youth. Motion by Dave Smith, second by John Synodinos to pay up to $300 in bills for this program. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Dave Smith asked if there had been any response to the Administrator’s letter by ODOT regarding the Route 43 project. John Synodinos said that he questioned one sentence in the letter that said, Prior to Council making a final decision. He said that Council already made a final decision on this matter (Sabina Drive option) and that he felt that an amended letter be issued to ODOT correcting this language. Thomas Bottorf suggested that Council Members begin getting copies of letters written by the Administrator on behalf of Council. Faye Christ agreed that these types of letters should be reviewed by Council. She questioned another section of the letter that indicated ODOT should look at the most expensive option regarding this project. She said that the residents of Sabina Drive were ready to take legal action if the Sabina Drive option came back on the table as an alternative to the project. Matt Parise suggested that any correspondence on this matter be copied and sent to Faye Christ. Mike Payne asked Council if they would like to start back up the process of bringing the support documents for checks that were sent out to pay bills. Council member discussed this matter briefly and decided that they could always review this documentation in the Clerk’s Office if they had questions on the checklist. Motion by John Synodinos, second by Dave France to pay bills as funds become available. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave Smith yea. Motion passed 5-0. Motion by Robert Martin Sr., Second by Dave Smith to adjourn. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Dave smith yea. Motion passed 5-0. Next regular scheduled meeting is 7:00 PM October 16, 2003 at 7:00 PM. Sanitation Committee Meeting is scheduled at 6:00 PM prior to the meeting to discuss rate increases for Sanitation Collection. Robert E. Cochrun, Mayor Mike Payne, Clerk/Treasurer