Regular Council Meeting Thursday, October 19, 2006 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 (arrived late). Moment of Silence Pledge of Allegiance Reading of Minutes Motion by Thomas Bottorf, second by Robert Martin Sr. to approve the minutes from the regular Council meeting held on October 5, 2006. 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 arrived at this point of the meeting. Persons Appearing Before Council None. Reading of Ordinances and/or Resolutions Ordinance 2006-27: An Ordinance enacting 933.12 regarding water billing rates for multiple users premises was read for the first time. Ordinance 2006-28: An Ordinance enacting 941.021 regarding sanitary sewer rates for multiple users premises was read for the first time. Ordinance 2006-29: An Ordinance creating the position of Permanent part time clerk was read for the first time. Motion by Matt Parise. Second by Bob Gale to suspend the rules for the second and third readings of Ordinance 2006-29. 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 approve Ordinance 2006-29. 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 Bob Gale to amend section one of Ordinance 2006-29 to include that the weekly hours are not to exceed 35 hours per week. Discussion of the Motion: Thomas Bottorf said that he would like to restate his position that it was not the place or time to make this position change, since in three months the person who had been moved from this position may not work out and have to come back to this position. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf nay. Motion passed 5-1. Reports, Announcements and Communications Mayor Dave France said that he had received a suggestion that the Village begin to again recognize an individual(s) as citizen(s) of the year. Mayor Dave France said that Cross Creek Township had asked Council to support their upcoming police levy. Motion by Robert Cochrun, second by bob Gale to support the November 2006 Cross Creek Township Police Levy. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Mayor Dave France told Council that Gloria Reichert had donated $250 to the Village in memory of her father William Freeman. She hoped to donate another $250 next month with the hope that the Wintersville Business Association would use the funds towards a new sign for the Village. Mayor Dave France reminded residents that Trick or Treat hours for Halloween would be from 5:30 PM to 7:30 PM on October 31, 2006. He said that the Village's annual Halloween Party would be held from 6:30 PM to 8:30 PM on the same night. Mayor Dave France said that the Village sponsored Christmas Parade would be held Sunday, November 26, 2006 at 4:00 PM. Mayor Dave France reminded residents that for people to park in the streets in the winter they were required to obtain a parking sticker from the Police Department. Chief Laman said that the time to obtain the stickers was from September to November and that the stickers were valid from November to March. Administrator's Report Walt Ziemba updated the Village on the agreement with ODOT regarding the traffic signal at SR 43 and SR 646. Motion by Bob Gale, second by Thomas Bottorf to authorize the Administrator or the Mayor to approve the agreement that had been previously discussed with ODOT. 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 said he would work with the Solicitor regarding an Ordinance to move the Main Street paving project forward. He said that the only costs to the Village for this project would involve some maintenance and secondary striping. Walt Ziemba said that the had given Council a copy of the appeal presented to the Ohio Supreme Court regarding the Steubenville Water lawsuit. Walt Ziemba said that the Village had received a refund check from the Bureau of Workers Compensation in the amount of $2445.79 for participation in their safety program. Thomas Bottorf said that Wintersville was the only Village in the County to receive this refund. Walt Ziemba updated Council on the Odor problem in Sunset Gardens and what steps the Village and the County were doing to combat the problem. He said that it was important that residents who have complaints about the odor in that area contact the Village Administrator's office immediately to help determine the source of the odor. Mayor Dave France said that the complaints needed documented and that the Village was doing everything they could to resolve this problem. He said that the problem was primarily on the County's end to resolve. Robert Cochrun said that he had discussed this problem with County Commissioner Tom Graham, who said that he would have Jack Gilmore work with the Village Administrator on this problem. Walt Ziemba said that the Village could smoke test every home in this area, including a few homes on Route 43 to help determine where the smell is coming from. He said it would take approximately one week to do this testing and the only additional costs to the Village would be for pellets and film paper. Bob Gale said that a letter needed to be directed to the County Commissioners to ask them to address this issue. Matt Parise suggested that this issue be discussed with Jack Gilmore at the same time the letter was sent out, since he was scheduled to meet with Council sometime in November on other issues. Thomas Bottorf said that if smoking was done their needed to be follow up on the test results with residents who needed to make changes. Motion by Robert Cochrun, second by Robert Martin Sr. to authorize the Administrator to smoke test all the homes in Sunset Gardens and on Route 43 that were affected by this odor problem. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Unfinished Business Walt Ziemba said he would wait until the paving project was completely finished before he reported to Council on his recommendation in invoke the penalty clause for the contract. Mike Payne told Council that an exit conference had been scheduled with State Auditors for Wednesday, October 25, 2006 at noon in the Village building. New Business Robert Martin Sr. said that Burbach Pools had not received a letter that had been requested from the Village and asked the Administrator to follow up on this. Robert Cochrun said that he had been in touch with the County regarding the annexation of Overlook Hills and they requested that the Solicitor contact then regarding this issue. Jason Mattern complimented the Tabor family from Wintersville that had donated their dog to the Police Department in Pittsburgh. Thomas Bottorf said that Council was still waiting on additional information regarding the sodium hypochlorite proposal from the engineer before making a decision on the related project. Walt Ziemba said that he had gathered the costs and would be discussing them with Council at the next budget meeting. He said that he was going to recommend the Village using the sodium hypochlorite option because of the safety issues involved. Robert Martin Sr. said he had received complaints about water run off at the Sienna Woods nursing home and would like the Administrator to follow up on this situation. Matt Parise said that the sewer committee had several specific questions about the sanitary chemical issue. Walt Ziemba said that he thought the questions centered around a cost analysis of the different methods and he would discuss more at the budget meetings. Mike Payne said that he appreciated the detail preparation that had been done by the Administrator and the Police Chief for the budget meetings. Transfers None. Payment of Bills Motion by Robert Martin Sr., second by Thomas Bottorf to pay bills as funds become available. Discussion on the Motion: Matt Parise questioned the reimbursement for an employee who took a water certification test and did not pass. Walt Ziemba said that the test was difficult and that the employee had only missed passing by one point, so he had authorized the reimbursement. Robert Martin Sr. suggested that the Administrator revise the employee handbook to allow reimbursement to employees for the first time they take certification tests, and after the first time only reimburse them if they pass the test on additional attempts. Council agreed to the reimbursement of the test this time for the employee in light of the fact the a revision to the handbook was being developed. 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 Bob Laukert, RITA representative, asked that Council get the Solicitor to move forward on the Ordinance that he was preparing regarding changes to the current income tax Ordinance. Executive Session Motion by Bob Gale, second by Matt Parise to go into executive session to discuss a personnel matter involving possible disciplinary action. 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 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. Adjournment Motion by Robert Martin Sr., second by Robert Cochrun 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 2, 2006 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