Regular Council Meeting Thursday, October 18, 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 absent, Clerk Treasurer Mike Payne present, Administrator Walt Ziemba present. Moment of Silence Pledge of Allegiance Reading of Minute Motion by Thomas Bottorf, second by Matt Parise to approve the minutes from the October 4, 2007 Regular Council Meeting. Vote: 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 Charlene Trimiar, Orchard Street, addressed her concerns about her landscaping materials in front of her residences being moved by the Village. Walt Ziemba explained that there had been complaints about the landscaping materials from other residents on the street and that because it was on the Village right of way, he had asked Ms. Trimiar to move the materials back. Charlene Trimiar said that she had told the administrator that she would take care of moving the materials back but that Village employees moved it back while she was on vacation. She said that no rocks were in the street. Walt Ziemba said that the landscaping stones were on the road and on the Village right of way causing problems for the Village sanitation truck and for cars in the neighborhood. He said that he had given Ms. Trimiar several weeks to take care of the problem and that finally Council had ordered him to have the materials moved off the right of way. Royal Mayo, representing the NAACP, asked why Ms. Trimiar was being targeted with this action while other residents living beside her did not have to undergo the same process. Walt Ziemba said that here had also been complaints about cars being parked beside the landscaping causing further traffic concerns. Royal Mayo asked the Administrator to meet Ms. Trimiar at her road to look at the other properties who also had shrubs or landscaping equally as far out on the Village right of way. Walt Ziemba agreed to meet her next Tuesday at 4:00 PM. Greg Blazy, Director of the Jefferson County Regional Planning Commission, told Council that he given Council members a Comprehensive Plan for the Village that his office had prepared that described things like the infrastructure of the Village and what the assets of Wintersville were. Walt Ziemba told Council that this plan would be beneficial to use as part of a package when applying for various grants. Lynn Payne, 134 Tera Manor, said that she was appearing before Council in support of the Police Department. She said she would like Council to use the recently passed levy to significantly increase the Police Officer's pay. She said that the Village is losing good officers because the pay schedule was low compared to other municipalities. She said that the officers had to work two and three jobs to make ends meet. She added that when voters passed the recent levy, they believed the Police Department's salaries would be increased. Robert Martin Sr. said that he couldn't agree more that the officer's wages should be higher. He said that the money would go to the Police Department the way that they presented it to Council prior to the election. He said that all the funds from the levy would go to the Police Department. Robert Cochrun said that the rumors that have been circulating that the money from the Village levy would be going into the general fund was an outright lie. Matt Parise read a prepared statement regarding this issue. "Over the past week or 2 I have received many phone calls from fellow Councilmen. In general the conversations have all been the same. I am not sure why and I certainly do not understand it, however there seems to be some confusion on the part of the public recently on how and where the levy money for the Police Department will be spent. Specifically, I have been asked several times by my fellow Councilmen as well as the public why the Police Department was not getting all of the money that was passed in the last levy. After talking to several Councilmen on this issue, some more than once in the past 2 weeks, I decided that the best course of action, as Council President, would be to make a Public Statement tonight at this Council meeting concerning the levy that was just passed for the benefit of the Police Department. This Council, and I am speaking for a large majority of Council is committed to making sure that 100% of the money that Wintersville gets from the levy that was just passed goes into the Police fund period. It will be used mainly for pensions, salaries, training and equipment solely within the Police Department. Should anyone in the Public hear anything differently, those are completely and totally false rumors that have absolutely NO BASIS in fact. I hope this helps to clear the air on this issue once and for all." Robert Laukert, Village representative to BHJ, updated Council on the issues discussed at the September 26, 2007 BHJ Meeting. Matt Parise asked if he discussed the fencing issue with ODOT representative at the BHJ Meeting. Robert Laukert said that the representative from ODOT only said that the federal guidelines must be followed regarding the access to business on the highway. Matt Parise said that he had not seen these fences in other areas. Jason Mattern thanked Robert Laukert for his representation at the meetings. Robert Cochrun asked Robert Laukert if he knew when the water lines were going to be deepened on Sabina Drive. Robert Laukert said that no specifics such as this were discussed. Jason Mattern commented that he hoped that ODOT could do a better job in the future on maintaining traffic when they had to alter the flow in construction areas, than they have in the past. Terri Cunningham, described in detail an altercation that had taken place at a recent youth flag football game where she and her father were allegedly assaulted. She questioned her treatment by an off duty Wintersville Police Officer after the assault took place. She also questioned why the Police Officer did not confiscate a video tape of the incident that she said had been recorded by another person attending the football game. Royal Mayo, from the NAACP, said that this incident represented select enforcement of the law. He said that Council needed to address the Police Chief and tell him to ask the officer some questions on the incident. Mayor Dave France said that he was really in touch with this problem but there was really no way to know exactly what took place at this time. He said there has to be an investigation, and that everyone should be treated the same. Robert Blackwell, appearing with Terri Cunningham, said that the Police Officer asked him three times to identify the person who assaulted Terri Cunningham and her father and that he had identified the person each time. Delores Smith, NAACP president, said that it troubled her that someone was assaulted. She said that the impact these actions have on the children at the game could not be good. She said that the Police Officer at the scene should have known the law and that everyone should have been treated equally. Royal Mayo asked for a copy of the Police Report regarding this incident and that they would look at this situation from a higher means. Mayor Dave France said that he would talk to the Chief about whether this report was a public document. Chief Laman said that a Council meeting was not the place to discuss a Police Matter. He said that he had previously discussed this situation with Royal Mayo. He said that the Officer tried to get statements from individuals who had refused to give statements until they had talked to an attorney. He said that his Department is now trying to obtain the tape that was mentioned and that no one could get a copy of the report on this matter until the investigation was complete. Matt Parise asked that Mr. Mayo and Council Members all receive a copy of the investigation report on this incident when it was completed. Reading of Ordinances and/or Resolutions None. Reports, Announcements and Communications Mayor Dave France announced that "Trick or Treat" hours for Halloween would take place from 5:30 to 7:30 PM on October 31, this year. Robert Martin Sr. reminded everyone that the Halloween Party would take place from 6:00 to 9:00 PM on the same night. Administrator Report Walt Ziemba reported that the Village recently received a check from the Bureau of Workers Compensation for meeting the safety requirements that included attending meetings. Walt Ziemba submitted a tentative list of streets in priority order to Council members that he hoped to have paved or cracks sealed in 2008. He said the final list would be finalized at a later date. Walt Ziemba said that the Equalization Board for the Garden Drive and Meadow Road would be comprised of Bob Kalbaugh, John Cucarese, and Bob DiBenedetto. Walt Ziemba gave a brief update on the Garden Drive and Meadow Road project. He also reported that Crawford and Moore streets would be milled and paved within the next week or so. Walt Ziemba said that only 3 smoke test violations remained from the 18 reported two weeks ago in Sunset Gardens. Walt Ziemba said that he had obtained a quote for the stripping of Cadiz Road and Winters Drive for a price a little above $4200.00. Walt Ziemba said that it would be approximately $10,000.00 for raising permanent utility markers on Cadiz Road. Walt Ziemba said that he would get an additional quote for the stripping of Cadiz and Winters Drive. Motion by Thomas Bottorf, second by Matt Parise to authorize the Administrator to contract out the stripping of Winters Drive and Cadiz Road for the amount not to exceed $4300.00. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Walt Ziemba explained that a decorative fence could be installed around the Businesses near the Route 43 Construction but that the Village would have to pay for the additional cost between that and that chain link fence and that ODOT would use their contractor to install the fence. He said that the Village could work out an arrangement with the Businesses to pay a portion of this additional cost. He said that Bridgeport and Stratton were examples of Villages that had been required to install a chain link fence after highway construction. Mayor Dave France said that the Village was considering using speed bumps on Springdale Ave. to reduce the speeders on that street. Robert Martin Sr. said that Locust was another street that had a large amount of speeders. Unfinished Business Walt Ziemba updated Council on a few unfinished business items. New Business Robert Martin Sr. questioned why the Car Lot on Sabina Drive still had an unauthorized dumpster on site. Walt Ziemba said that he would contact the Solicitor on how to handle this situation. Motion by Bob Gale to give a sewer bill credit to the Williams family at 315 Springdale Ave in an amount to get then up to the credit of 50% which is now allowed by Ordinance. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Bob Gale said that he supported the idea of using reverse rubble strips on Springdale and complimented administration for the proposal. Mayor Dave France said the parking issue in Sunset Gardens needed to be addressed by Chief Laman. Motion by Robert Martin Sr., second by Robert Cochrun 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 Bob Gale 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. Motion by Matt Parise, second by Robert Cochrun to go into executive session to discuss pending litigation matters. 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 Matt Parise to return to regular session. 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 Chief Ed Laman said that he was still considering who he would be recommending for replacement of officer Paul Roe. It was decided that Chief Laman would bring his recommend candidate to the November 1 Council Meeting for approval by Council and would only consider his new person part time until that time. Motion by Robert Cochrun, second by Matt Parise 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. Next regularly scheduled meeting is November 1, 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