Regular Council Meeting Thursday, November 18, 2004 Mayor Dave France called the meeting to order. Roll Call: John Synodinos present, Dr. Robert Price absent, Dave Smith present, Robert Martin Sr. 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 Minutes Motion by Robert Martin Sr., second by Thomas Bottorf to approve the minutes from the Regular Council meeting held November 4, 2004. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Thomas Bottorf, second by John Synodinos to correct the minutes from the October 21, 2004 meeting. The correction was that the 1st reading of Resolution 2004:28 had taken place but was omitted from the actual minutes. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Persons Appearing before Council Kenny Kopras Sunset Gardens, asked Council for an update on the odor problems in his neighborhood. Walt Ziemba said that this issue was a priority for the Village and he described the things that had been done recently for this problem including taking a sample and submitting it, ordering manhole covers, flushing the Village lines and ordering parts to allow two pumps to run. Walt Ziemba said that he is working with the County to flush the entire line from Wal-Mart all the way to the Village. He said that if the County was not cooperative in helping with this odor problem he would have the Solicitor review the options available to the Village to force their assistance. He also said that Quicksall would be doing another study on this problem. John Synodinos stated that the Village's contract with the County allowed the Village to not accept their sewage if it was septic. Robert Martin Sr. asked the Solicitor what could be done about the situation if the County refused to help fix this situation. Chris Becker said that he would review the contract and report back to Council what the Village's options were at the next meeting. Thomas Bottorf said he would like to see two more samples taken to help support the Village's position on the sewage from the County being the cause of the odor. Robert Laukert, BHJ Representative, distributed pamphlets to Council members that described ongoing projects that BHJ was working on. He also updated Council on the status of the new bridge study and the transportation study they are doing. Matt Parise questioned why pamphlets distributed by Mr. Laukert did not list any projects in Ohio. Robert Laukert suggested that the politicians in Ohio might not be pushing as hard as their West Virginia counterparts. Matt Parise asked if Mr. Laukert could inquire at the next meeting why no Ohio projects were discussed in their literature. Thomas Bottorf pointed out that the pamphlets was developed specifically for West Virginia and maybe a separate one would be developed for Ohio projects. Reading of Ordinance and/or Resolutions Resolution 2004-28: A resolution providing for assessments on Sam's Way residents was read for the 3rd time. Motion by Thomas Bottorf, second by Dave Smith to approve Resolution 2004-28. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Chris Becker explained the assessment process to Council. He said that after the equalization review board had been selected by Council; a certified letter needed to be sent to each property owner letting them know the amount of assessment that had been initially established for them was on file in the Clerk Treasurer's office. The letter would also inform each resident that they had two weeks from the date of the letter to dispute their assessment amount to the equalization board. He said that after the two-week period the equalization board would submit to Council their determination of the assessment amount for the residents. Council Members could then accept the amounts determined by the board or reject the amounts. Paul Michetti Sam's Way, asked for a definition of benefits accrued method. Chris Becker explained that basically this method, which was requested by Mr. Calabria who represented many of the residents, gave each resident a value of benefits based on their property's access to the road being built. Ordinance 2004-29: An Ordinance to give all part time and fulltime Village a pay increase was read for the 2nd time. Ordinance 2004-30: An Ordinance changing the base pay for Village employees was read for the 2nd time. Ordinance 2004-31: An Ordinance increasing the base pay for Council Members was read for the 2nd time. Ordinance 2004-32: An Ordinance increasing the base pay for the Village Clerk-Treasurer was read for the 2nd time. Ordinance 2004-33: An Ordinance approving permanent appropriations for 2005 was read for the 2nd time. Ordinance 2004-34: An Ordinance changing holiday pay for the full time Police Officers was read for the 2nd time. Ordinance 2004-35: An Ordinance decreasing water rates was read for the 1st time. Ordinance 2004-36: An Ordinance increasing sewer rates was read for the 1st time. Matt Parise pointed out a discrepancy in the rates in the ordinances for the sewer and water changes. Chris Becker said he would correct these rates in the Ordinances. Reports, Announcements and Communications Mayor Dave France announced that the Holiday Parade would be Saturday, November 20, 2004. Mayor Dave France announced that Village offices would be closed on Thursday, November 25 and Friday, November 26 in observance of Thanksgiving. Mayor Dave France announced that the sanitation schedule would be changed for the Thanksgiving week. Administrator's Report Walt Ziemba said that the Sam's Way construction project was completed ahead of schedule. He distributed to Council Members a cost detail of the project including change orders that were approximately $9000.00 more that the bid amount. Matt Parise questioned why certain lots on the preliminary assessment schedule had been assessed a 20% premium when other lots that did not have houses did not have the same premium assigned. Walt Ziemba explained that he and Mr. McDevitt considered which lots were considered as part of the original subdivision in making their determination. Matt Parise asked Walt Ziemba if there was any consideration of discounting lots at the top of the street on the left side (going down Sam's Way) since those lots may not face Sam's Way. Walt Ziemba said no consideration was given to these sites for a, discount since homes could be built on them and the road would benefit them. Chris Becker reminded Council that this assessment sheet was just a starting point and that lot owners could contest their assessment to the equalization board. Motion by Matt Parise, second by John Synodinos to include the preliminary assessment costs including interest from the loan for the project for each lot on Sam's Way with the notice of assessment letter. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Matt Parise suggested that Council discuss the preliminary assessments assigned to the lots by the Administrator and the Village engineer. Walt Ziemba said that he had signed an agreement with Wells West End Excavating for the Main Street (CMA). The project is to be complete within 10 days and a penalty clause of $100 per day would kick in for every day it is not completed. Walt Ziemba said that the bid opening for the 1-ton pickup truck would be opened December 16, 2004. Chris Becker said he would prepare and Ordinance to permit the Village to sell the truck for the next meeting. Walt Ziemba said that he had contacted Jim Zorbini regarding the telemetry project. The schedule should be available by the next Council meeting. Walt Ziemba updated Council on the work being done by WE Quicksall and other work related to the odor problem in Sunset Gardens. Walt Ziemba reported that he had received q quote from Bruce and Merriless in install the school signal across from Big Lots for $3,275.00. Dave Smith said that this price was extremely high considering that the light was brand new. Walt Ziemba said he would check again with the company to verify the price. Walt Ziemba said that the new one-ton truck would be built on December 14, 2004. Mike Payne asked that the vehicle be delivered by the end of 2004, since next years budget did not have enough to cover this cost. Walt Ziemba referred Council to the correspondence in their packets from Dennis O'Toole regarding the $600,000 the Steubenville is trying to collect from the Village. Walt Ziemba also discussed a letter from the City of Steubenville indicating that they would be shutting off the Village water supply at the end of the contract on November 30, 2004. Matt Parise said that he was dismayed about the letter from Steubenville and that Steubenville officials need to read the contract language before sending any more shut off notices. Walt Ziemba said that he needed a motion by Council to bid for a traffic light maintenance contract. Motion by John Synodinos, second by Thomas Bottorf to authorize the Administrator to go out to bid for a vendor to perform the traffic light maintenance. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Walt Ziemba said that he would had received a request to close a 20 foot alley between Locust and Walnut Street. Chris Becker said that one half of the alley would go to the property owners located on each side. He said that since the Village owned the property on one side that the Village's ½ of the alley would have to be sold through a bid process and that he would prepare the Ordinance to handle this transaction. Walt Ziemba said that the No Parking signs had been put up on Winters Drive. Mayor France said that the situation of cars parking in the road had not changed so he asked the Police Chief to start ticketing offenders. Unfinished Business Chris Becker said that he would have to review further the situation on Warren Lane regarding property limits. Council members indicated that they would submit names to the Administrator for the assessment equalization board. Walt Ziemba said he would follow-up on the house on Ellsworth that needed the grass to be cut. Mayor Dave France said that he and Chuck Antill had begun to investigate the dilapidated house on Roberts Street. Walt Ziemba discussed two unpaid water and sewer bills with Council. The first situation was a resident who had to refill their pool because they had to empty it after having problem with the liner. The resident asked for relief for the sewer part of their bill. Council Members denied any reduction for this situation. The second situation related to a house located at 104 Beechwood Blvd. The owner for 6 months had the minimum water bill even though no usage was recorded. However one month's bill increased to 25,000 gallons even though the house was still vacated. Thomas Bottorf suggested that a decision on this request be put off until it was verified that the water meter had actually been read over the 6 month period. Motion by Matt Parise, second by John Synodinos to require only the minimum monthly bill be paid on this water bill for the month that had risen to 25,000 gallons, provided that the water meter had actually been read over the previous months that the minimum use had been billed. Vote: John Synodinos yea, Dave Smith nay, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf nay. Motion passed 3-2. New Business John Synodinos asked for an update on having Council meetings televised. Mayor Dave France said that Comcast had given the Village the go ahead for the project. He said that Indian Creek High School was reviewing how to convert tapes into a media that could be used by Comcast. John Synodinos said that the Indian Creek principal might not be aware that the High School was holding up the project. Mayor Dave France said that the principal was aware of the situation. Robert Martin Sr. said that he recently talked to the Media Teacher, Mr. Blackburn who said that he was waiting on the Mayor to sign an agreement. Motion by Matt Parise, second by John Synodinos to have the Administrator arrange a meeting between Mr. Smith from Comcast, Mr. Blackburn, Mr. Craig from Indian Creek and Council Members (including the Mayor) who were interested to discuss this situation sometime within the following week. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Matt Parise suggested that Mike Payne and Chief Ed Laman meet to review the Police Department budget to see if any of the added Holiday pay could be recovered in some other area of the Police Department budget. Matt Parise questioned a bill for $230.00 that was for reimbursement of party expenses to Perry Pool. Walt Ziemba said that the expenses were for a luncheon that was held after a safety meeting. Matt Parise said that this expense was okay if it was for a safety meeting, but if the Village was giving employees a party for collecting scrap during spring clean-up he had a problem with it. He said the bill had party written on the top. Mayor Dave France agreed that the Village could not have a party with these funds. Thomas Bottorf reminded Council that funds had been approved for these types of expenditures. Matt Parise said that he was against giving meals to certain groups of employees. Matt Parise suggested that the Village consider putting pay stations in certain businesses for residents to pay their water bills. John Synodinos suggested that this idea be referred to committee. Thomas Bottorf asked that Perry Pool attend Council meetings in the future. Mayor Dave France said that Perry Pool was told that he did not need to attend tonight's meeting. Thomas Bottorf said he would like to see copies of information that the Village sent to the Ohio EPA. He said that the had asked for this information previously but had not yet received any copies. Motion by Thomas Bottorf, second by Matt Parise to approve the transfers prepared by the Clerk Treasurer. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by John Synodinos to go into executive session to discuss personnel matters. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Thomas Bottorf, second by John Synodinos to return to regular session. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Thomas Bottorf, second by Matt Parise to pay bill reviewed by Council. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Motion by Robert Martin Sr., second by John Synodinos to adjourn. Vote: John Synodinos yea, Dave Smith yea, Robert Martin Sr. yea, Matt Parise yea, Thomas Bottorf yea. Motion passed 5-0. Next regular meeting is scheduled for December 2, 2004 at 7:00 PM. Mike Payne, Clerk Treasurer Dave France, Mayor