Regular Council Meeting Thursday, October 16, 2003 Mayor Robert E. 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 present. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by Robert Martin Sr., second by Beth Rupert to approve the minutes from the regular Council Meeting held October 2, 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 Thomas Bottorf, second by Robert Martin Sr. to approve the minutes from the Special Council Meeting held October 10, 2003. Vote: John Synodinos abstained, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 5-0 with 1 abstention. Persons Appearing before Council Shelly Polsinelli, 157 Garden Drive, said she thought her latest water bill of 10,000 gallons was too high. She stated that her previous bill was only 7,000 gallons and prior to that billing she had a plumber fix a minor leak in her house. Shelly Polsinelli then read an article from the Herald Star from 1998 concerning the water situation. She said that residents were quite concerned about the water situation and people were moving out or not moving into the Village because of the high rates. She then said what her water bill would be if she lived in other local entities. Shelly Polsinelli then asked if the Villages past losses were now covered. Mike Payne said that the water and sewer funds now have surpluses. Shelly Polsinelli asked what the County and Steubenville were now charging for water. Mike Payne told her that the County was now charging $3.00 per thousand gallons and Steubenville is charging $3.67 per thousand gallons until January 2004 when the rates would be increasing another .56. Gary Folden told Council that the Polsinelli’s water meter had been replaced and that the old meter had been running 1% slow. He said that no reading had been taken on the new meter yet. Beth Rupert explained that the Village did not have a water source and was at the mercy of paying the rates charged by others who sold water to the Village. Mayor Cochrun explained the history of Wintersville attempting to find an internal water source. Thomas Bottorf said that his primary reason for wanting to serve on Council was to look for ways to help with the water situation. Council Members continued the discussion explaining why they supported or did not support the idea of turning the system over to the County. Beth Rupert said that a state comparison of water rates would show that Wintersville’s rates are not that high when compared to other municipalities. She said that she still envisions a regional water system for the area, since more customers mean lower rates. Pat Davis, 167 Meadow Road, said that National Make A Difference Day was coming up and this years project he was taking on involved helping out a small community in Stacey, North Carolina that was devastated by the hurricane this summer. He explained what people could do if they were interested in making donations to help out this community. Pat Davis also thanked the Administrator for his attending last year’s award ceremony, where his Make A Difference Day Project was recognized. Paul Michetti, 239 Sam’s Way, said that he wanted to emphasize that residents of Sam’s Way were not looking for a handout, but were genuinely concerned about getting a safe road for the people who lived on the street. He said that the Village had committed to help in the Harm’s Way project, but seemed unwilling to help them. Chris Becker said that back in 1998 he had given Council a legal opinion that it would be allowable for the Village to enter into an agreement like the one they had arranged with Mr. Harms. The Solicitor said that since then, the Ohio Supreme Court had ruled that this type of involvement by a municipality was not permissible. He said that the Harms agreement would probably not stand up in Court today. Chris Becker then briefly explained to the residents from Sam’s Way about how they could petition for an assessment on their property taxes that would permit the Village to complete the road. Paul Michetti said that the Village shared some responsibility when they approved the variance for the road situation. Chris Becker said that it was the Planning Commission that granted the variance, even though he had repeatedly cautioned the Planning Commission about granting these variances. A discussion was held between Chris Becker and Paul Michetti on when the Solicitor and the residents could discuss the situation in more detail. It was agreed that Monday, October 20, 2003 at 7:00 PM would be an acceptable time to meet at the Village. John Synodinos suggested that the residents strongly consider funding the project themselves, since that might be a quicker and less expensive alternative. Chris Becker also agreed with John Synodinos on that course of action since the Village had a long process to follow if they were involved in building the road. He also said that the residents should be considering a lawsuit against the contractor for the breech of contact. He told the Sam’s Way residents that his advise to them would only be general in nature on the process of starting a petition for the assessment and that it would be a conflict of interest for him to act as their legal representative. He advised then to obtain legal Council if they wanted to pursue the assessment alternative. Kay Michetti said it was difficult to understand why the Village was not more supportive of the residents on Sam’s Way. Jeff Blake, Sam’s Way, asked why the Village did not require a performance bond from the contractor. Chris Becker said that this was not required. Matt Parise, Avalon Drive, asked why sanitation services could not be provided to the residents of Sam’s Way. Chris Becker said that sanitation pickup might be allowable. Kay Michetti, said they had been billed for sanitation service on their water bill. Gary Folden said he was not aware of this and if they had been billed and not provided a service they would be refunded. Matt Parise said that Council should consider making an exception for providing sanitation services to Sam’s Way. Beth Rupert said she had some concerns about Village trucks getting around on Sam’s Way, but would like to provide sanitation services for them. Robert Martin Sr. agreed that the Village should make an exception and pick up the trash for the residents of Sam’s Way. Thomas Bottorf said that Perry Pool needs to verify that the sanitation vehicles could turn around on Sam’s Way. Dave France agreed that Perry Pool should make that decision. Gary Folden said that the Village could pick up the trash with a pickup truck. Motion by Robert Martin Sr., second by John Synodinos to have the Village pick up trash for all Sam’s Way residents. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Kay Michetti asked if the Village could also make and exception on snow removal for their road also. Beth Rupert asked if one of the Village’s small snowplows could take care of that road. Gary Folden said he would like to check with Perry Pool on this. Mayor Cochrun, who is a member of the Planning Commission, said that the contactor told the Planning Commission he would put in a section of the road parallel to each new home. John Synodinos said that another reason that the Planning Commission gave the contractor a variance was that he said he would go bankrupt if he had to redo the road. Thomas Bottorf said that the residents need to try to recoup their $10,000 investment from the builder. He also inquired whether the Village had any additional liability exposure if employees were sent on that road. Chris Becker said that no additional liability existed other than working any where else in the Village. Matt Parise said that he did not see any reason why the Village’s crew could not salt Sam’s Way when needed. He also thought that someone from the Village should contract the post office about starting up their mail delivery. Reading of Ordinances and/or Resolutions None. Reports, Announcements and Communications Mayor Cochrun announced that there would be a Planning Commission meeting on Tuesday, October 21, 2003 at 6:00 PM to discuss a lot split on Fernwood Road owned by Anthony Mining. Also a request for combining 4 lots into 2 lots has been requested by Frank Redmond on Walnut Street. Mayor Cochrun announced that Halloween “Trick or Treating” in Wintersville would be held Thursday, October 30, 2003 from 5:30 to 7:30 PM. The Halloween party for children will be held at Wintersville Elementary School from 6:00 PM to 9:00 PM the same night. Mayor Cochrun read a letter of resignation from John Polsinelli from his Planning Commission position. Mayor Cochrun appointed Ed Johnston to replace Mr. Polsinelli. Mayor Cochrun read a letter from the Joint Vocational School asking the Village to endorse their levy renewal in November. Motion by Robert Martin Sr., second by Dave France to endorse the levy renewal for the Jefferson County Joint Vocational School in November. Vote: Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. (John Synodinos had temporarily left the meeting.) Motion passed 5-0. Administrator Report Gary Folden said that he recently returned from the Ohio Municipal League Conference where he attended several interesting meetings. He reported that the Village may be able to obtain help from the Army Corp of Engineers for upcoming projects the Village might have. Gary Folden briefly discussed the topic of Electric Deregulation and the fact that municipalities may have the ability in the future to become a purchaser of electricity for all the Village residents at a lower rate than they currently are paying. Gary Folden said that Bricker and Eckler had distributed binders to conference attendees that contained the latest development ideas. Beth Rupert asked that copies of the Bricker and Eckler information be distributed to all Council Members. Gary Folden said that Mr. Ohaley, was still questioning who was responsible for the costs of a water break on his property that had a Village easement on it. Gary Folden said he would discuss this situation with Perry Pool to see if the water break occurred on the section of property that contained the Village easement. Mayor Cochrun appointed a Finance Committee comprised of Dave Smith Beth Rupert and Thomas Bottorf. He said that Mike Payne had requested a standing Finance Committee that would be available to meet periodically to discuss finance matters. Old Business Robert Martin Sr. said that he would be continuing to work with John Petrella to see what could be done to fix up the Village’s Leonard Ave. building in order to make it available to Senior Citizens to use and have as a meeting place. He said that he had already identified signs that needed to be stored elsewhere and had begun to take measurements in the building. Dave France asked if and Senior Citizens groups had been approached on what their needs were in regards to this building. Mayor Cochrun said a number of people have approached him about the merits of having a meeting place for senior citizens. John Synodinos asked if contract negotiations on water and sewer had some to a standstill. Chris Becker said he had spoken to Gary Repella the law director for the City of Steubenville and that he informed him that the Village would be receiving a bill for over $500,000 towards the City’s water improvement project. He said that the City of Steubenville would like to wait until after the November elections before any further negotiations take place between Steubenville and Wintersville. Chris Becker said that the 5 million dollars previously requested by Steubenville may not be a requirement for the Village to purchase water from Steubenville. John Synodinos said that Gary Folden told him that contact negotiations for water and sewer were stopped until the first of the year, and he did not know why this was the case or where the administrator got this impression to halt negotiations. Gary Folden said that he told Mr. Synodinos that no figures were to be brought to Council floor for discussion, but other discussions on negotiations could continue. He understood that after the elections discussions on Council floor would commence again with numbers. Gary Folden said that only negotiations with Steubenville had stopped, because the City felt Wintersville was only using them to obtain better pricing from the County. Gary Folden said that anything from now on that Mr. Synodinos wanted from him, he would need to put in writing and that he would not respond to verbal requests. Robert Martin Sr. asked if a corrected letter had gone out to ODOT regarding Sabina Drive. Gary Folden said that no motion had been passed to amend the letter, so he had not done so. Gary Folden said that he felt that ODOT understood that the Village had removed the Sabina Drive from the table. Robert Martin Sr. said as long as ODOT understood that Sabina Drive was no longer an option then he was satisfied that an amended letter was not necessary. Beth Rupert said that Council needed to stay focused on the important Village issues. She asked if it would make it easier for the Administrator if all of Council put things in writing to the Administrator on issues they were concerned about. Robert Martin Sr. said that Council Members need to be able to ask the Administrator things and did not want to put his questions in writing. Mike Payne asked the Administrator if the Village qualified for having a $250,000 OWDA loan payment waived, based on the fact that Jefferson County municipalities were able to apply for these funds in certain circumstances. Gary Folden said that the Village had no qualifying expenses for this payment waiver. New Business Thomas Bottorf said the sanitation rate committee met and decided to have the Administrator put out for bid the waste disposal contract. Motion by Thomas Bottorf, second by John Synodinos to have the Administrator advertise for bids for solid waste disposal pending the Solicitor’s approval that the current agreement does not lock the Village into remaining with the current company. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Thomas Bottorf discussed the fact that residents and contractors who perform work for them do not always obtain permits prior to having work performed. Council discussed this issue and ways to notify the public and the contractors. Motion By Robert Martin Sr., second by John Synodinos to send out a post card to all residents outlying residents’ responsibilities regarding obtaining building permits. Vote: John Synodinos yea, Dave France nay, Thomas Bottorf nay, Robert Martin Sr. yea, Beth Rupert nay, Dave Smith nay. Motion defeated 4-2. The Administrator was directed by Council to come back with ideas at the next Council meeting on how to get the word out to the residents and contractors on this issue. Beth Rupert said she was tired of having to put up her hand for questions or to discuss an issue and would like to see if installing a lighting mechanism could help address this issue. Dave France agreed that this idea might save time during the meetings. He asked the Administrator to check to see how other municipalities Council addressed this issue. Motion by John Synodinos, second by Dave Smith to approve the budget transfers submitted by the Clerk Treasurer. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Mike Payne asked Council members to review the draft of the 2004 permanent appropriations that he had prepared for them. Matt Parise asked if Council members were going to give raises to employee next year. Beth Rupert said that this was one of the issues that would be taken up by the finance committee. She said that the water issue may affect the Village’s finances including the area of pay increases. Mike Payne asked Council if they were going to authorize prizes again this year for the Christmas Decorations. Motion by Dave France, second by Robert Martin Sr. to approve the same Christmas Decoration prizes as last year, $100 first prize, $75 2nd prize and $50 for 3rd prize and $50 for Mayor’s award for business and residents. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Martin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Mike Payne discussed the fact that credit card usage had grown and that Council might want to discuss this issue. Council agreed to have the finance committee review this issue. Mike Payne asked Council if they would prefer he and the Administrator handle the issue of distributing paychecks several days prior to the actual payday. Council agreed that the Administrator and the Clerk should handle this matter. Mike Payne informed Council that recently there had been approximately $4000 of damage done to the rental backhoe through Village usage. This claim had been submitted to the Village’s insurance company. Mike Payne informed Council that Mark Mancano had been employed by the Village for approximately a year and a half and seemed to be a permanent part time employee. He said that Council might want to consider establishing a beginning rate for this position higher than the current $5.30 he was making. Council agreed that this issue would be discussed at the finance committee meeting. 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, Beth Rupert yea, Dave smith yea. Motion passed 6-0. Motion by John Synodinos, second by Robert Martin Sr. to adjourn. Vote: John Synodinos yea, Dave France yea, Thomas Bottorf yea, Robert Marin Sr. yea, Beth Rupert yea, Dave Smith yea. Motion passed 6-0. Next regular scheduled meeting is 7:00 PM November 6, 2003. A Sanitation Rate Committee is scheduled for 6:00 PM. prior to the meeting. Finance Committee meeting has been set for Thursday, October 23, 2003 at 6:00 PM. Robert E. Cochrun, Mayor Mike Payne, Clerk/Treasurer