Regular Council Meeting Thursday, November 4, 2004 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price present, Dave Smith present, Robert Martin Sr. present, Matt Parise present, Thomas Bottorf present. Officials: Mayor Dave France present, Solicitor Christopher D. Becker present, Clerk Mike Payne present, Administrator Walt Ziemba present. Moment of Silence Pledge of Allegiance Reading of Minutes Motion by John Synodinos, second by Dr. Robert Price to approve the minutes from the October 21, 2004, Regular Council meeting. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Persons Appearing Before Council None. Reading of Ordinances and/or Resolutions Ordinance 2004-22: An Ordinance repealing section 933.07 of the Codified Ordinances and adding a new section 933.07 relating to reading water meters was read for the 3rd time. Motion by Thomas Bottorf, second by Dave Smith to approve Ordinance 2004-22. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Ordinance 2004-23: An Ordinance appointing legal Council for the Village through 2006 was read for the 3rd time. Motion by John Synodinos, second by Dr. Robert Price to approve Ordinance 2004-23. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Resolution 2004-28: A Resolution for assessing residents of Sam's Way was read for the 2nd time. Ordinance 2004-29: An Ordinance increasing the salaries of all part time and full time employees by 3% was read for the 1st time. Ordinance 2004-30: An Ordinance changing the base pay for the water meter position and changing the position to Public Utilities laborer was read for the 1st time. Ordinance 2004-31: An Ordinance increasing the pay for Council Members was read for the 1st time. Ordinance 2004-32: An Ordinance increasing the pay for the Clerk Treasurer was read for the 1st time. Ordinance 2004-33: An Ordinance establishing the permanent appropriation for 2005 was read for the 1st time. Ordinance 2004-34: An Ordinance changing holiday pay for all full time Police Officers was read for the 1st time. Reports Announcements and Communications Mayor Dave France read the monthly Magistrate, Police and Building Inspectors reports for October 2004. Mayor Dave France announced that Village offices would be closed November 11, 2004 in observance of Veterans Day. Mayor Dave France read a letter from the Ray Laman's Christmas Party Committee requesting Donations. Motion by Robert Martin Sr., second by John Synodinos to reimburse the Ray Laman Christmas Party Committee up to $500.00 for expenses incurred for the annual Children's Christmas Party. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Mayor Dave France asked that Robert Laukert be approved by Council as the Delegate to represent R.I.T.A. at their meetings. Motion by Dr. Robert Price, second by Dave Smith to have Robert Laukert represent the Village as the delegate representative to R.I.T.A. and for the Mayor to be the Alternate. Discussion on the Motion: Robert Laukert discussed his previous involvement in the R.I.T.A. efforts, including bringing R.I.T.A. Representatives to Wintersville to discuss their individual situation with R.I.T.A. Robert Martin Sr. and John Synodinos both stated that they felt the Administrator should be the delegate for the Village. Dave Smith questioned why the Village would turn down a volunteer for this position, especially since the Administrator would still be the liaison to R.I.T.A. Matt Parise said that the Administrator is the person who needed to know what went on at these meetings. Robert Laukert stated that he has been involved since the beginning with R.I.T.A. and he had also been instrumental in bringing R.I.T.A. to the Village to work on delinquent taxpayers. Vote on Motion: John Synodinos nay, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. nay, Matt Parise nay, Thomas Bottorf yea. Mayor Dave France broke the tie by voting yea. Motion passed 4-3. Mayor Dave France told Council that he was going to start enforcing the Ordinance on the books regarding signs located in the Village. Chris Becker read Ordinance 1147.01 B regarding this situation. Mayor Dave France said he had received a complaint about a sign that violated the Village's Ordinance from a company going out of Business. Motion by Robert Martin Sr., second by John Synodinos to refer this matter to the Ordinance committee. Vote: John Synodinos yea, Dr. Robert Price abstain, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0 with 1 abstention. Ed Laman said that he had received numerous complaints about this issue also, specifically with regards to political signs on the grassy areas between the sidewalk and Main Street. Administrator's Report Walt Ziemba opened the bids for the 10 year fixed rate of interest loan needed for the Sam's Way Special Assessment. The bids were as follows: Advance Financial 4.32% fixed rate for 10 years. National City 5.3% fixed rate for 10 years. Sky Bank 4.04% fixed for 3 years and then adjusted every 3 years after that based on an index. Bank One 4.625% fixed rate for 10 years. Thomas Bottorf said that he hated to accept the bids without having all the information in front of him. And that the Administrator and Clerk should review the bids and report back to Council on the best bid for this project. Council broke for a short recess for the Clerk-Treasurer and the Administrator to review the Bank Bids. Mike Payne reported that the bank bid from Sky Bank did not meet the bid request and therefore Advance Financial's bid to loan the Village funds for the Sam's Way project was the best bid. Motion by John Synodinos, second by Matt Parise to accept the bid from Advance Financial for the loan to complete the Sam's Way Project. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Walt Ziemba discussed the drainage problem on Main Street. He said that the had received two quotes to do the work needed at that site. One quote was from Yeager Construction for $13,750 and the other was from Wells Construction for $13,000. According to Walt Ziemba both quotes included pipe installation (the Village would be buying the pipe) and installing a catch basin. Motion by John Synodinos, second by Dr. Robert Price to accept the quote from Wells construction for $13,000 to do the installation work needed on the drainage. Discussion of the motion: Matt Parise asked if the funds were available. Mike Payne said that he sewer R & I Fund could fund this repair. Matt Parise asked the Administrator if he had a preference of contractors. Walt Ziemba said that taking the contractor with the lowest quote would be his choice. He said that no performance bond was usually required on this amount of work. John Synodinos asked about the completion date of this project. Walt Ziemba said he could put a penalty clause in the contract with Well's Construction. Thomas Bottorf asked if the Solicitor could review to see if the Village had recourse on this work if it was determined that someone had backfilled to cause this work to be required. Vote on motion: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Walt Ziemba discussed the need to replace one of the Village's one ton dump trucks. He said that he had researched the cost for a truck that would be through a state pricing agreement. The cost for a truck needed by the Village complete with snow plow and salt spreader would be $83,480.00. He said O.S. Hill, where the truck would be purchased, would give the Village a $5,000 trade-in. Motion by Thomas Bottorf, second by Dr. Robert Price to purchase this truck using the state purchasing agreement at a price of $83,480 from O.S. Hill Inc. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Matt Parise suggested that the Village bid out the old one ton truck that was to be traded in and only except bids that exceeded the $5,000 trade-in allowance offered by O.S. Hill. Chris Becker agreed to prepare an Ordinance for the next meeting allowing Council to sell the old truck. Walt Ziemba said that drainage had become a problem on the backside of the Center of Music and Arts. He said that he intended to determine the cause by smoking the drains. Walt Ziemba said that the Plans for Beechwood and Floyd Streets had been submitted to the Ohio EPA for review. Walt Ziemba Said that he had not received a schedule from the County yet for the telemetry project. Chris Becker stated that there was no concern of Steubenville shutting off the Village's water supply since the current contractual problem was still being reviewed in the courts. Walt Ziemba said that he was still working on the odor problems in the Village. He said that the lines from Wal-Mart might be flushed as well as increasing the pumping at Woody Acres. Unfinished Business Walt Ziemba said that Bruce and Meriless have been contacted about the street light that was not functional. Chris Becker said he would bring a copy of his legal opinion on whether the telemetry purchase needed to be put out for bid, to the next meeting. Chris Becker said he would bring a sample letter that needed to go out to property owners of Sam's Way to the next meeting regarding the assessment situation. Chris Becker said that he is working on the tap fee Ordinance relating to the Meridian Greene Project. Walt Ziemba said that water and sewer committee had not yet met to discuss the Troy Place Run off matter or to discuss two water bills that need to be reviewed. Robert Martin Sr. suggested that all Council Members submit one name for the 3 person equalization board at the next Council meeting. Matt Parise asked who was responsible for setting the initial assessment rates for the Sam's Way residents. Chris Becker said that John McDevitt and Walt Ziemba would assign the initial rates. Matt Parise asked if the Ordinances had been checked regarding property lines for Warren Lane. Chris Becker agreed to check this. Motion by John Synodinos, second by Dr. Robert Price to approve the transfers submitted by the Clerk Treasurer. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Dave Smith said that the issue of cars parking on Winters Drive needed to be addressed. He said the cars park there when dropping or picking up children creating an unsafe situation. He suggested putting up no parking signs on the side of the road. Walt Ziemba was asked to put up signs in this area to aid the Police Department in stopping this practice of parking in the road. Robert Martin Sr. reported on the Halloween Party held October 28, 2004. He said that the party was a success even though the turnout was lower than expected. Robert Martin Sr. said that something needed done regarding the 2nd house located on Robert Street that was in deplorable condition. He also said that the grass was too high at the 2nd house on the left on Ellsworth Street. Mayor Dave France said that these situations should be reported to Chuck Antill, Village code enforcement officer. Matt Parise discussed the collection from residents of the extra $1.44 per thousand gallons on water bills. He said that the water rates need adjusted downward as promised to the residents 4 years ago when this charge was first started since the $600,000.00 needed would be collected by December of this year. He said that Clerk Treasurer, Mike Payne had given him an analysis of where the rates should be for next year and that the analysis showed that water rates should actually only be reduced $1.10 and sewer rates increased by .10 per thousand gallons for a net decrease of $1.00 per thousand gallons. Motion by Matt Parise, second by Robert Martin Sr. to reduce water rates by $1.10 and increase sewer rates by .10 per thousand gallons charged to Village customers. Discussion on the motion: Clerk Treasurer Mike Payne briefly explained how he had determined these rates. He said that the calculation was only a draft and should be discussed in more detail. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Several Council members agreed that the issue should be discussed in more detail at a Finance or Water and Sewer Meeting. Matt Parise said that Chris Becker could bring this ordinance to the next meeting and the exact amount of a rate increase could be discussed at the Finance Meeting and the Ordinance adjusted prior to the reading of the Ordinance. Thomas Bottorf said that he thought that opening bids during Council meetings caused them to be unnecessarily extended. Motion by Thomas Bottorf, second by Dave Smith to change bid openings to be on the day of Council meeting at the Village Building according to bidding procedures. Discussion on the motion: Robert Martin Sr. said that he felt that this was a step backwards and he like the discussion generated by opening bids at the meetings. Walt Ziemba said that if he could open the bids earlier in the day he could have copies made for Council members and a tabulation summary sheet prepared. He said the bid opening would still be open to the public and he could have other Village employees attend the bid openings. Matt Parise said that Council just voted on this so that the Public could see the bids opened at regular Council Meetings. Dave Smith said that the bid openings would be advertised to the Public as to the time of the opening. Thomas Bottorf said that originally he had supported opening bids at Council Meetings but now he is convinced it does not work. John Synodinos said that he feels that the bids should be opened at Council Meetings. He said that the previous bid openings had some rough times but that this would not happen all the time. Matt Parise said that all other entities opened bids during their meetings. Vote: John Synodinos nay, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. nay, Matt Parise nay, Thomas Bottorf yea. Mayor Dave France broke the tie by voting yea. Motion passed 4-3. Motion by John Synodinos, second by Dr. Robert Price to pay bills that had been reviewed by Council Members. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. For the Good of the Village Ken Coppers, Sunset Gardens, complained about the odor in Sunset Gardens. He said that he had contacted the County Health Department as well as, the County Commissioners, and EPA officials regarding the odor problem. Walt Ziemba said he is attempting to work with the County to help with this situation but they are reluctant to help with the situation. Ken Coppers said the odor is now inside his house. Walt Ziemba said that the Village has hired Consultants who are still assessing the situation. He said that he is trying to help with the problem by having the Woody Acres pump faster and trying to get the County to deal with the problem prior to the sewage becoming septic. He said it is his plan to work with the County to flush the entire line. Robert Martin Sr. said the County should be responsible for this problem and the Village should stop accepting their sewage until they address the problem. John Synodinos read the contract language in the contract between the County and Wintersville that addressed this issue. The language allowed the Village to not accept the sewage if they did not deal with this issue. Thomas Bottorf suggested that the Administrator have samples taken from the sewage coming from the County to help support the case that the County was causing the odor problem. Motion by Robert Martin Sr., second by Dr. Robert Price to adjourn. Vote: John Synodinos yea, Dr. Robert Price yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 6-0. Next Regular scheduled meeting is Thursday, November 18, 2004 at 7:00 PM. Mike Payne, Clerk/Treasurer Dave France, Mayor