Regular Council Meeting Thursday, November 15, 2007 Mayor France called the meeting to order Roll Call: Robert Martin arrived late, Robert Cochrun present, Robert Gale present, Jason Mattern present, Matt Parise present, Thomas Bottorf present. Officials: Mayor Dave France, Solicitor Christopher Becker, Clerk Treasurer Mike Payne absent, Kathy Collopy filling in, Administrator Walt Ziemba present. Moment of Silence Pledge of Allegiance Robert Martin arrived at this point of the meeting. Reading of Minutes Motion by Thomas Bottorf, second by Robert Cochrun to approve the minutes of the November 01, 2007 Regular Council Meeting. Vote: Robert Martin yea, Robert Cochrun yea, Robert Gale, yea, Matt Parise yea, Jason Mattern yea and Thomas Bottorf yea. Motion passed: 6-0 Persons appearing before Council Chief Ed Laman requested council go into executive session to discuss a personnel matter. Mr. Parise asked Chief Laman if he wanted to go into executive session now or at the end of the meeting. Chief Laman stated that the end of the meeting would be fine. Jack Kearney of 289 Canton Road stated that he would like to apply for the unexpired term of the open council seat left by Robert Gale whenever Mr. Gale steps down. Jay Dziewatkoski of 111 Karen Place congratulated Robert Gale on winning the election and also added since there would be a vacancy he would also like to be considered for the council seat. Thomas Bottorf explained that sometime in December, an ad for the opening will be published in the newspaper and council will be taking applications. Then the 1st of the year interviews will be conducted and by the 2nd meeting in January 2008 council should have the position filled. Solicitor Chris Becker stated, by Ohio Revised Code, once there is a vacant council seat, Council as a whole has 30 days from the day it is vacated to fill it. If the seat is not filled in the 30-day time frame then the Mayor solely selects the person. Mr. Gale added that for the record he would not be resigning his council seat until he effectively becomes Mayor. Mr. Gale stated that he will fill out his year as councilman. Reading of Ordinances and/or Resolutions No legislation for this meeting Reports, announcements and communications Mayor France stated that Village Offices are closed Thursday, November 22, 2007 and Friday, November 23, 2007 in observance of Thanksgiving Day. The sanitation schedule does change Tuesday's on Monday; Wednesday's on Tuesday; Thursday's on Wednesday's; Off Thursday. Friday normal pick up. Mayor France stated that the Wintersville Holiday Parade sponsored by the Betterment Committee will be on Sunday, November 25, 2007 beginning at 4 pm starting at Blessed Sacrament Church. Mr. Parise added that part would be in Blessed Sacrament and some lining up on Grove Street. Administrator Report Walt Ziemba stated that the Village would have the annual Christmas Light Contest again this year and he would get the information out to the media after he checks on the prize amounts. Mr. Ziemba stated he had a letter prepared for Mr. Gilmore on the Telemetry Building, all costs are in the letter with the exception of the rental equipment from General Rental. Mr. Ziemba stated that he will hand deliver the letter on Monday. The letter also will have included in it the odor issue. The county has tried to eliminate the problem without success. Councilman Bottorf stated that the odor at the west end of town is horrible and it is the county's issue and needs to be addressed. He was recently at a restaurant and could smell the odor as he was leaving. Councilman Martin agreed that Mr. Gilmore has been advised of this problem before and the county needs to fix the problem. He stated that it is unfair to our residents to have to smell this odor. Councilman Cochrun also agreed this problem needs to be fixed . Adm Ziemba said that he would address the issue with Mr. Gilmore and set up a meeting with the water and sewer committee to get more cooperation on the county's part to take care of the problem and also send a letter to the Jefferson County Commissioners advising of same. Adm Ziemba stated that RITA sent a letter advising of the Broadcasting of the Monthly Board of Trustee Meetings by Teleconference. On the Garden/Meadow Update, Adm Ziemba stated that minor items have to be done and he will have the final costs by the next meeting and all should be in place after the 1st of the year. Adm Ziemba informed Council that Comcast sent a letter on some changes made from Digital Preferred to Digital Classic. Adm Ziemba also advised council of the Ohio Plan Healthcare Consortium letter and said that the information that Ken Nelson prepares for the Wintersville residents on upcoming events and info on help with heating bills is in their packets. Adm Ziemba announced the Dec. 6th meeting with the Jefferson County Sewer and Water County District on the MS4 Consortium and advised council a public records training will be held on Feb. 09, 2008, 9:30 am, at the Pottery Addition Firehall all elected officials are required to attend a 3 hour training. Mr. Gale suggested that Brandon Andreson attend the Finance Committee Meeting instead of the Dec. 06, meeting. Mr. Mattern said that Brandon said he would come to any meeting. Mr. Bottorf stated to advise Brandon Anderson for the November 29, 2007 6:30 PM Meeting. Mayor France said that the FCC will be changing the cable laws and the village should look into competitive pricing to help the residents defer cable costs. Mr. Parise stated that the Finance Committee wants to bid out the health insurance for January through December; it is easier from a January through December time frame. Adm Ziemba said that Rocco Boniey, Ohio Plan and any others may submit quotes. Mr. Bottorf said he wanted to make a comment on the bidding out of new health insurance. His first concern is that since it was renewed in September some employees may have already paid money towards their deductible and to give it some thought on changing to January to December, since the budget is set in October. Mr. Parise said they were just accepting bids at this time. Mr. Parise voiced a concern regarding the RITA Ordinance not being updated. Mr. Parise suggested the village contact RITA. Robert Laukert, the RITA Representative, told council that he gave the information he had received from the consultants associated with RITA to the finance committee. He spelled out what needed to be reviewed in order for the ordinance to change. Mr. Lockhart explained that RITA cannot and will not rewrite the Village's Ordinance. They offer the consultants services. Mr. Parise said that they did not receive all information back yet and the finance committee was a little uneasy about the cost of paying someone to write the ordinance. Mr. Parise stressed it needed to be addressed and the ordinance updated. Unfinished Business Walt Ziemba reiterated that he has a letter he will be sending to Jack Gilmore and commissioners on the telemetry costs and odor problem and he is close to a final number on what to assess Garden Drive residents, should have a final invoice next week. Mr. Ziemba explained that Perry Pool had completed the OSHA recommendations and all that is left is the electrical work in the municipal building. On planting the tree, the resident will contact Novak's as to the proper time to do this. On obtaining cost to extend the sidewalk from Fernwood to Meridian Green, Mr. Ziemba explained this was given to the Finance Committee. Mr. Ziemba stated that Charlene Trimiar is requesting a meeting with the street committee concerning her problem on Orchard Street. He added the striping will begin for Cadiz and Winter Drive early next week. Solicitor Chris Becker said the Skilled Gaming License Ordinance was still tabled. Mr. Becker said regarding the chain link fence requirements around Route 43 that this is an ODOT regulation and Ohio Department of Transportation Regulation. Mr. Becker advised that the ordinance to abandon the road near the cemetery should be ready for the next council meeting. Chris Becker added that the grass cutting not done by ODOT around Route 43 can be cut if needed and the state be assessed the costs. Mr. Becker advised on the dumpster problem, any dumpster not conforming to village regulations should be removed. Police Chief Chief Laman advised that the Flag Football incident was given to the Jefferson County Prosecutor's Office and they will make a determination. Chief said that he, Walt and Perry looked at Sunset Garden parking issue and will meet with Walt on Monday regarding same. Council Mr. Parise said that he and Mr. Gale met with Mr. Bible concerning the chain link fence and the problem is that some of the property is in the village and some in Island Creek, so an agreement with Island Creek is needed. Mr. Parise wanted it on record that he is opposed to the fence. Referred to Committee Adm Ziemba said that Chuck Antill did review the list of businesses without paved lots. The reimbursement of conference fees paid in advance if meeting is not attended is still pending. Solicitor Becker said he thought the Ordinance on condemning property in the village works well and does not see a need to change it. New Business Mr. Mattern stated he had two (2) items. Mr. Mattern said he wanted to emphasize that the village has done all that they can do on the odor problem and the commissioners need to be informed. Also, as Head of the Safety Committee, Mr. Mattern said that he would like to go with Perry on a walk through to see the completion of the OSHA recommendations. Mr. Mattern inquired on the date of the Ray Laman Christmas Party. Chief Laman stated it would be Saturday, December 15, 2007. Mr. Mattern also said due to the construction on Springdale and Meadow Road a lot of gravel is washing out on Meadow Road and is requesting the construction people be made aware of the problem and be made to keep it clean. Mr. Mattern also recognized several new businesses in the village, Valley Wine, Mike Furda's Physical Therapy and L Tac Facility and encouraged the residents to support the businesses. Mr. Bottorf addressed the problem of rubbish and concrete slabs on Leonard Avenue. Mayor France said the property owner was advised and said it would be cleaned. Mr. Bottorf made a motion to demolish the village owned property at 221 Leonard Avenue and construct a tot lot recreation facility in its place. Mr. Mattern second. Discussion on Motion: Mr. Parise requested to send the request to the Recreational Committee then come back to council with a formal proposal. Mr. Martin wanted to see the Garden Drive project completed first and the Garden Drive tot lot completed. Mr. Martin made a motion to table Mr. Bottorf's motion and to take it to the Recreation Committee Mr. Parise second the motion. Discussion on Motion: Mr. Bottorf requested if it is tabled, then a deadline be made on when it comes back to council. Mr. Parise said they needed to get the Garden Drive project completed first and added he is a huge proponent of fixing the building but he wanted it to go to recreational committee first. Vote on the motion: Mr. Martin yea, Mr. Cochrun yea, Mr. Gale, yea, Mr. Parise yea, Mr. Mattern yea Mr. Bottorf nay. Motion passed: 5-1 Transfers None Payment of Bills Mr. Parise made mention that the Betterment Committee made a donation of $100.00 to the bands playing in the Christmas Parade. Mr. Parise also stated the invoice of the truck purchased was $88,000 and the budget was set for $76,000. Adm Ziemba stated that the old truck sold for $9,000 and that there was an increase in the base price and it was a state purchase. Mr. Parise stated that the village is still paying Comcast and that the village has an agreement with L & M Satellite. Adm Ziemba stated that he spoke with our computer person and he suggested to talk to L & M and have them give the village an estimate for a trial period. There are some e-mail questions that need to be addressed and it is suggested that the village try it on one computer to see how it works. Tom Bottorf said his recommendation is to go with the Y-5 Wireless but do not pay for the equipment up front, ask for an agreement to try it with the option to buy. Mr. Gale said he wanted it known that the Betterment Committee is part of the village, however, they raise their own fund independently and it is their discretion to spend them as they see fit. Mr. Gale also suggested to Walt that he get together with Carol and Mike Payne concerning Mr. Hayhurst's bill's for the year and have them broken down by the hour to see where the money is being spent. Adm Ziemba said the it is primarily the sewer dept. work. Payment of Bills Motion by Mr. Martin, second by Mr. Cochrun to pay the bills, as funds are available. Vote: Mr. Martin yea, Mr. Cochrun, yea, Mr. Gale yea, Mr. Parise yea, Mr. Mattern yea, Mr. Bottorf yea. Motion passed 6-0 Good of the Village No discussion for this meeting. Motion made by Mr. Martin, second by Mr. Cochrun to go into Executive Session. Vote: Mr. Martin yea, Mr. Cochrun yea, Mr. Gale yea, Mr. Parise yea, Mr. Mattern yea, Mr. Bottorf yea. Motion passed 6-0 Motion made by Mr. Parise, second by Mr. Martin to come back into Regular Session. Vote: Mr. Martin yea, Mr. Cochrun yea, Mr. Gale yea, Mr. Parise yea, Mr. Mattern yea, Mr. Bottorf yea. Motion passed 6-0 Motion by Mr. Martin, second by Mr. Parise to adjourn Vote: Mr. Martin yea, Mr. Cochrun yea, Mr. Gale yea, Mr. Parise yea, Mr. Mattern yea, Mr. Bottorf yea. Motion passed 6-0 Next regularly scheduled meeting to December 6, 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