200 Grove Street • Wintersville, OH 43953-3866 • (740) 266-3175 • Walt Ziemba - Village Administrator • Bob Gale - Mayor
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Regular Council Meeting

Thursday, May 1, 2008

Mayor Bob Gale called the meeting to order.

Roll Call: Robert Cochrun present, Jason Mattern present, Robert Martin Sr. present, Phyllis Foreman present, Thomas Bottorf present, Bob Merriman present.

Officials: Mayor Bob Gale present, Solicitor Christopher D. Becker present, Clerk Treasurer Mike Payne present, Administrator Walt Ziemba present.

Moment of Silence

Mayor Bob Gale asked that those in attendance observe a moment in silence prior to the pledge of allegiance in honor of former Council Person Dr. Robert Price, who died April 19, 2008.

Pledge of Allegiance

Reading of Minutes

Motion by Robert Martin, second by Robert Cochrun to approve the minutes from the April 17, 2008 Regular Council Meeting.

Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Person Appearing Before Council

Kevin Dennis, approached Council about approving and supporting the Riesbeck's Summer Car Cruise and Community Concert Series. He said the series will be held on the last Sunday of each month from May to September with a band playing beginning at 6:00 P.M. He said that he had been participating in a car cruise at that location for 15 years, and the addition of live music was an effort to provide summer entertainment for the community on a Sunday night. He said that his band the Original El Durays, will be playing 50's, 60's and 70's music during the event and asked Council for permission to use an outlet on one of the Village's light poles.

Perry Pool said that he would cover the electric cell on the pole to make sure the electric would be in working order.

Motion by Thomas Bottorf, second by Jason Mattern to assist in the efforts to help the concert series.

Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Reading of Ordinances and/or Resolutions

Ordinance 2008-10: An Ordinance allowing ODOT to plane and pave 367 feet at the Route 43 interchange was read for the first time.

Motion by Robert Martin, second by Bob Merriman to suspend the rules for the second and third reading of Ordinance 2008-10.

Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Ordinance 2008-10: An Ordinance allowing ODOT to plane and pave 367 feet at the Route 43 interchange was read for the second and third times.

Motion by Robert Cochrun, second by Robert Martin to approve Ordinance 2008-10.

Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Reports, Announcements and Communications

Mayor Bob Gale read the Magistrate and Code Enforcement Officer's reports for April 2008.

Mayor Bob Gale announced the dates for the Spring Cleanup in June.

Residents who have a trash pickup day of Tuesday will have their Cleanup pickup on June 2.
Residents who have a trash pickup day of Wednesday will have their Cleanup pickup on June 9.
Residents who have a trash pickup day of Thursday will have their Cleanup pickup on June 16.
Residents who have a trash pickup day of Friday will have their Cleanup pickup on June 23.

Mayor Bob Gale announced that Bob Laukert was the unanimous choice as the nominee for Village Representative to RITA. The Mayor said that he Bob Merriman and Council president Robert Martin were all in favor of the reappointment of Mr. Laukert.

Motion by Robert Martin, second by Thomas Bottorf to approve the reappointment of Bob Laukert as the Village Representative to RITA.

Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Administrator's Report

Walt Ziemba told Council that BHJ was having an open house on May 9, 2008 from noon to 2:00 P.M.

Walt Ziemba told Council that a recreation grant request had been submitted to the County in case the Commissioners chose not to use all the County funds to improve the sewer project at Friendship Park this year.

Walt Ziemba discussed with Council the decision to change parking requirements at a certain section in Sunset Gardens. He said that Chief Laman was in favor of this change as well.

Motion by Robert Cochrun, second by Bob Merriman to have the Solicitor prepare a revised Ordinance to deal with this parking change.

Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Chris Becker said that he would prepare a change in the parking ordinance that had previously been passed for Council to approve.

Walt Ziemba announced that the Wintersville Baptist on Fernwood Road invited Council Members to attend their Memorial Day Service on May 25 th at 10:30 A.M.

Walt Ziemba told Council that the “Corridors of Opportunity” Meeting that Dr. Edward Florak had spoken about at the previous Council Meeting would be held on June 12, 2008 at the Florian Hall from 11:30A.M. Until 1:30 P.M.

Walt Ziemba asked that Council consider supporting the Muscular Dystrophy cause by reimbursing Neidengards for the cost of the raffle tickets for the event.

Motion by Jason Mattern, second by Bob Merriman to reimburse Neidengards for the cost of the raffle tickets for this event.

Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Walt Ziemba said that he would like Council to hold a Water Sewer Meeting to discuss some billing questions.

Thomas Bottorf suggested that the Administrator discuss these items with the Solicitor prior to a meeting being held.

Unfinished Business

Walt Ziemba said that the Village of Richmond would be discussing the idea of connecting to the Village's Sewer system at their next meeting, which would be held on May 7, 2008 at 7:00 P.M. at the old Grange Hall.

Finance Chairperson Bob Merriman submitted the following information regarding the substituting of a more decorative limited access fence in-lieu-of ODOT's standard chain link fence.

ODOT District 11 will approve a decorative fence with the following requirements;


1. A Public Entity ( Village of Wintersville) must absorb any additional costs with the construction installation and must agree to maintain said fence at their cost; this is only for the portion inside the municipality of Wintersville. The Village must submit a letter requesting the substitution and agree to these terms described herein.

2. District 11 will issue a Right of Way Usage Permit for the installation and future maintenance of said fence. Additional terms to the permit will be if the fence is not maintained to the satisfaction of ODOT. ODOT will have the right to revoke the permit and install a chain link fence at the Villages' expense. Mowing within the right of way will be included in the permit.

3. Listed below is an approved fence that is comparable with their samples. ODOT recommends utilizing this fence because it looks nice and it seems to be the style most used around the State.

4. The Village must submit a letter requesting the substitution and agree to these terms described herein.

ODOT's Proposed Limited Access 3 Rail Fence

Vinyl 3 Rail Post & Rail

This is a 3 rail 100% vinyl post and rail fence 4'-0” high. It has the flat interior type caps. The 3 rail Large style comes with 2” X 6” ribbed or hollow rails in white.

Features: 2” x6” ribbed rails, 5” X 5” posts, 12” a 36” concrete footers, 100% virgin vinyl (reground vinyl is taboo!)

Some Facts: The height of the fence is about 57” to the top rail. The rails are a full 2” thick by 6” wide. A green wire screen, intended to prevent children and small animals from passing under the fence, is added from the ground up to the top of the first rail. The screen will be securely attached to each post and staked to the ground at each rail midpoint.

Concrete Footers; 12” diameter x 36” deep. Posts are stuck into wet concrete after pouring to assure that each on is filled on the interior also. Failure to do so will allow water and temperatures to “bust” the footer apart. Each end and corner post is filled with concrete to the top tail and reinforced with ½” rebar.

Warranty: The manufacturer provides a Lifetime Non-Prorated Limited Warranty that warrants their vinyl fence to be free from manufacturing defects – including peeling, flaking, blistering and corroding – when subject to normal and proper use.

The Finance Committee offers the following motion authorizing the Administration to agree to the conditions set forth by ODOT to substitute the Route 43 limited access fence based on ODOT stipulations. The fence being substituted meets ODOT's limited access fence requirements and the substitute fence had been chosen by ODOT. The Fence is 1420' in length at a cost of $38,800. ODOT will pay $10 per foot which will total $14,200. The Village will receive $10,000 donation from Gas for Less Inc. and $5000 from the Linkesh Family LLC. The balance of $9,600 is authorized to be paid for by the Village of Wintersville.

Discussion on the Motion:

Thomas Bottorf said that he was concerned about the amount of times the Village was hitting the Village contingency for various needs this year.

Robert Martin said that the funds for this had to be taken out of contingency because this cost was not known when the budget was prepared.

Mayor Bob Gale said that the payment for fence would not be made until the Finance Committee determined which fund and line item to use.

Jason Mattern suggested reviewing all the budget line items prior to using the Village contingency.

Vote on the Motion: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Mayor Bob Gale thanked the Linkesh Family for their generous donation to help fund the fencing cost .

Brian Linkesh, thanked the Mayor and Council, including former Council person, Matt Parise, for the cooperation on the Route 43 and the fencing issue.

New Business

Robert Cochrun discussed the “cat epidemic” problem in the Village in particular all the cats in several specific areas in the Village. He said that cages were available for the Humane Society to cage the cats and take them down to the Humane Society who would return the cost of the cage when the cages were brought back.

Thomas Bottorf said that the Solid Waste Authority would be approving the plan regarding recycling at their next meeting and they would like to discuss Wintersville's interest in recycling.

Line item Transfers, Fund Transfers, Increase in Appropriations, and Advances

Motion by Robert Martin to approve the line items transfers submitted by the Clerk Treasurer and the following Fund Transfer.

Transfer $20,000 from the new police levey (Fund 2907) to the Police Pension Fund (2131).

Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Robert Cochrun asked that the Village follow up on the collection of RITA taxes from Businesses at the Treasure Island Flea Market.

Payment of Bills

Motion by Robert Martin, second by Bob Merriman to pay bills approved by Council as funds become available.

Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Motion by Robert Martin, second by Robert Cochrun to adjourn.

Vote: Robert Cochrun yea, Jason Mattern yea, Robert Martin Sr. yea, Phyllis Foreman yea, Thomas Bottorf yea, Bob Merriman yea.

Motion passed 6-0.

Next regularly scheduled meeting is May 15, 2008.

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