Regular Council Meeting Thursday, November 1, 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 Minute Motion by Thomas Bottorf, second by Jason Mattern to approve the minutes of the regular Council Meeting held on October 18, 2007. Discussion on the motion: Bob Gale said that he had written a complete statement out regarding a section in the previous minutes where he commented on the idea of speed bumps on Springdale Ave and that he would like the entire statement to be reflected in the minutes. Clerk Treasurer Mike Payne said that he only put prepared statements in the minutes when Council members had the statements prepared at the time of the meeting and asked to have the remarks as part of the record. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. nay, Bob Gale nay, Matt Parise nay, Thomas Bottorf yea. Mayor Dave France broke the tie by voting yea. Motion passed 4-3. Persons Appearing Before Council Chief Ed Laman asked that Council approve his recommendation of Jason Fabian to replace Patrolman Paul Roe, as a new full time officer. He also asked that Council waive the probationary period for Jason, since he had already been with the Village as a full time employee and as an auxiliary patrolman for over a year. Motion by Robert Cochrun, second by Thomas Bottorf to approve Jason Fabian as a Full time Patrolman effective Sunday November 4, 2007 and to waive the probationary period for Jason, at the full time starting salary of $26,789.73. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Chief Ed Laman said that several Council Members had spoken to him regarding the allocation of the recently passed levy funds and that the Police Officer all understood that all the funds from this levy would be spent on Police related costs. He said that the allocation of these funds would be part of the negotiations during the budget meetings. Reading of Ordinances and/or Resolutions Resolutions 2007-20 through 24: Regarding Issue I funding were all read for the first time. Motion by Thomas Bottorf, second by Bob Gale to suspend the rules for the second and third reading of Resolution 2007:20 through 24. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Resolutions 2007-20 through 24: Regarding Issue I funding were all read for the second and third times. Motion by Thomas Bottorf, second by Bob Gale to approve Resolution 2007-20 through 24. 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 read the Magistrate, Police, and Building Inspector reports for the month of October 2007. Administrator Report Walt Ziemba said that he had received a letter asking for support for the Jefferson County Children Services Levy from the Village. Walt Ziemba gave Council an update on the Garden Drive Meadow Road project including the fact that a walk through and "punch list" would be done next week. He said that all the grass seeding had been completed. Robert Martin Sr. said that the pavement on Garden Drive was uneven in certain areas on Garden Drive and needed to be addressed. Matt Parise asked that he notified when the walk through would take place. Bob Gale asked that the Administrator follow-up with Mr. Durbin regarding his property relating to Sunset Garden project. Walt Ziemba said that the Crawford and Moore Street paving was completed today. Walt Ziemba informed Council that Gabe Craig would begin as the full time employee on November 5th to replace Jason Fabian. He also stated that Richard King would replace Gabe as the permanent part time employee on November 5 and that both employees had passed the background checks. Walt Ziemba said that Council needed to approve the MS4 Consortium Agreement. Motion by Thomas Bottorf, second by Jason Mattern to continue the consortium agreement with the Jefferson Soil and Water District in the amount of $5000 per year. Discussion on the Motion: Matt Parise asked that Brandon Anderson from the Jefferson County Soil and Water District come and explain to Council or the Water Committee on why the Village should continue this membership. Motion by Bob Gale, second by Matt Parise to table the motion to continue the consortium agreement. 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 told Council that they could pick up their copies of the codified ordinances from Tammy. Chris Becker said that he would follow-up with the costs involved with having the Ordinances available on line. Matt Parise asked the Administrator to contact Jack Gilmore regarding the total costs involved in the telemetry project. Jason Mattern asked that the Administrator also let Mr. Gilmore know that Sunset Gardens was still having odor problems that needed addressed. Walt Ziemba said that ODOT would be submitting a quote to the Village for the cost differential for vinyl fencing around Route 43 compared to the standard chain link fence. Matt Parise said that he and Bob Gale would be meeting with Mr. Bible from ODOT on November 7the in New Philadelphia to discuss the issue of whether this fence is necessary. Terry Shepherd, representing Mike's Auto Sales, said that he had applied for a permit from the State to cut the grass around his property. New Business Motion by Robert Martin Sr., second by Bob Gale to support and endorse the Indian Creek School Levy on the Novmeber ballot. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Robert Cochrun said that there had been complaints about trash cans left out by residents in Sunset Gardens that lead to attracting rodents. Motion by Matt Parise, second by Robert Martin Sr. to purchase a new B.E.S.T. sign to replace the one that had come up missing. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Jason Mattern commented on all the activities for students that were available during the Halloween Holiday. He complimented the police force for being very visible during the Trick or Treat Hours on Halloween. Jason Mattern questioned the status of the water meters for Meadow Road. Motion by Thomas Bottorf, second by Jason Matter to support the Children Services and Jail operating levies that were also on the ballot in November. Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Bob Gale yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Thomas Bottorf asked that the Administrator and the Police Chief start to prepare for the upcoming budget meetings and he also asked that the Clerk Treasurer prepare the typical budget printouts that he had given the Finance Committee in the past. Chris Becker said that he responded to the Civil Rights Commission in the Hessan Mirani matter and asked for the Alternative Dispute Resolution option. He said that a meeting would be scheduled in the future on this matter once Mr. Mirani's scheduled was determined. Bob Gale said that Council Members were previously told in executive session that the Civil Rights lawsuit was against the Village Administration and now Council was founding out that it was against the Village. He said that in the future if there is any litigation against the Village, Council Members need to be apprised of the situation as soon as Administration learns of any such suit. Chris Becker said that he believes all allegations are not true in this matter and that the Village will be exonerated. He said that as soon as he has any additional information on the matter he will notify Council. Bob Gale said that his comments were not directed at the Solicitor. Transfers Motion by Matt Parise, second by Jason Mattern to approve the transfers prepared 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 Bob Gale, second by Robert Cochrun to pay bills approved by Council 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 Terry Shepherd, from Mike's Used Cars, said that his dumpster that they had been using would be moved to a Toronto location. 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 to November 15, 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