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									                                    RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, DECEMBER 4, 2007 AT 7:00 P.M.
Mrs. Madden called the meeting to order at 7:00p.m.

Mrs. Madden led the opening.

Councilpersons present: Cathy Laubaugh, Laurie Madden, Bob Pitz, Gary Toth and Bob
Beesley.

Also present: Mayor Larson, Law Director Jack Morrison, Director of Finance David Bailey, Fire
Chief Jim Bowery, Police Chief Scott Bellinger, BZA member Ann Malorni and Deputy Clerk of
Council Amy Locy.

     Mrs. Laubaugh made a motion to excuse Mr. Bertsch from the meeting. Mr. Beesley
seconded the motion.

A voice vote was taken and the motion passed unanimously.

     Mrs. Laubaugh made a motion to excuse Mr. O’Donnell from the meeting. Mr. Beesley
seconded the motion.

A voice vote was taken and the motion passed unanimously.

Approval of minutes
     Mr. Beesley made a motion to approve the minutes of the Council meeting held Tuesday,
November 20, 2007. Mr. Toth seconded the motion.

A voice vote was taken and the motion passed with four yes votes and Mrs. Laubaugh abstained.

                                      REPORTS OF OFFICIALS

Mayor’s Report:
1.      Mayor Larson gave the oath of office to Gail Moseley as a new Park Board member.
2.      The Mayor received a letter from Mr. Birnbaum, a condo homeowner living adjacent to the
Twin Falls Church property where the gas/oil well drilling is proposed. He said that he would
forward a copy of the letter via email to Council members. The Mayor said that the City is pursuing
all legal avenues to object to the gas/oil well drilling and that he would be writing a letter to the
Governor.

Mrs. Madden asked if the leaf pick-up program was still in progress. Mayor Larson said that the
program is still going and mentioned that a new truck will be in the budget for the Service
Department. He explained that the truck is necessary because the crew must be able to haul the
leaf vac and plow snow at the same time.

Mrs. Laubaugh asked what recourse Munroe Falls has against gas/oil well drilling as a City with
Codified Ordinances specifically against drilling. Mr. Morrison gave the background of the State of
Ohio take-over of the drilling permits. He said that the City can legislate safety and general
screening of drilling sites, but power is limited. He explained that the power lies with the state until
someone challenges the take-over as a violation of home rule.

Mr. Morrison further explained that ODNR is obligated to notify the City of all permit requests
because the City filed a letter requesting notification. He explained the entire permit process as
well as the requirements of Sonoco. He said that a permit to drill was issued on October 17, 2007

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                                   RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, DECEMBER 4, 2007 AT 7:00 P.M.
and the permit number is 3024. He explained the statutory process of Administrative Appeal to
challenge the issuance of the permit. He said that we can appeal to ODNR and after denial we can
then appeal with the Franklin County Court of Appeals. He warned that the City must be prepared
to hire an expert on hydrogeology to explain why drilling at Sonoco could be catastrophic and the
long term implications for Munroe Falls and neighboring communities.

Mrs. Laubaugh asked if it would be wise to ask Akron to join in our appeal. Mr. Morrison said
possibly Akron, Silver Lake, Stow, and Cuyahoga Falls to join.

Mrs. Madden asked if the City is fighting an uphill battle. Mr. Morrison said that he is unsure of the
extent that ODNR investigated the area prior to issuing the permit. He explained that sometimes a
permit is issued if there is no objection and then they deal with the objections when they arise.

Mr. Beesley asked about the timing of filing an appeal and hiring an expert. Mr. Morrison explained
that there is no risk to filing an appeal immediately. He said that filing means that we must be
prepared to hire the expert. He also explained that the appeal process starts 30 days after certified
notifications of the issued permit, and confirmed that the City has not received certified notification
so in essence the appeal time has not yet begun.

Mr. Beesley asked about the estimated cost of an expert. Mr. Morrison said his guess is $8,000 to
$10,000. He suggested getting an expert from Akron University or Kent State University so that the
expert is impartial. Mr. Beesley asked about getting the EPA involved. Discussion followed.

Mr. Pitz asked what happens if drilling begins and the City still does not have certified notification
of the permit. Mr. Morrison said that could possibly happen but we would still be able to appeal.

A discussion followed regarding the noise of drilling and the issue of burning off the fumes while
drilling. Council also discussed the issue of noise after the drilling is complete and the pumping
begins.

Mr. Beesley asked if there had been any further discussion of the drilling at the church property.
He said that it seemed like Council was very clear that they would not be signing a lease with Beck
Energy. Mr. Morrison said that it appears that the Munroe Falls property is the only thing holding
the drilling back, so that well project may be killed.

Mrs. Laubaugh asked Mr. Birnbaum if he had any comment. He spoke of property and water well
damage done to his property in Ashtabula County and said that he worries that the same kind of
thing could happen here. He said that once the water is contaminated there is no way to clean up
the well.

Law Director:
1.     Mr. Morrison reported on Council’s questions regarding the Charter Amendment on Wards.
Mrs. Laubaugh questioned the 2009 election. Mr. Morrison explained:
       Precinct A is Ward 1 and will come up for election in 2009;
       Precinct B is Ward 2 and will come up for election in 2011;
       Precinct C is Ward 3 and will come up for election in 2009;
       Precinct D is Ward 4 and will come up for election in 2011;
       Precinct E is Ward 5 and will come up for election in 2009;
       Precinct F is Ward 6 and will come up for election in 2011;
       The at-large seat will come up for election in 2009.


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                                   RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, DECEMBER 4, 2007 AT 7:00 P.M.
Council members and Mr. Morrison figured out which members are in which wards for election
purposes:
       Ward 1 has Mrs. Laubaugh, Mrs. Madden, and Mr. Toth;
       Ward 2 has Mr. Pitz;
       Ward 3 has no current representation;
       Ward 4 has Mr. Beesley;
       Ward 5 has Mr. Meyer beginning in January 2008;
       Ward 6 has Mr. O’Donnell.

Council questioned how members can run for a ward seat while holding a current at-large seat.
They mentioned that Mrs. Laubaugh and Mr. Toth were just elected to new four year terms as at-
large Council members, but their wards are up for election in November 2008. Mr. Morrison
explained:
       In November 2009 Mr. Beesley, Mr. Pitz, and Mr. O’Donnell could run for the one at-large
seat while Mrs. Madden could run for the Ward 1 seat. If Mr. Toth or Mrs. Laubaugh want to run for
the Ward 1 seat they can, or they can remain in their current at-large seats. Mrs. Laubaugh
confirmed that she and Mr. Toth do not have to relinquish their at-large seats to run for a ward
seat.

Mr. Toth asked how difficult it would be to change the order of wards to Ward 2, Ward 4, and Ward
6 being elected in 2009. Mr. Beesley said that it appears that the order has already been written
and the voters passed the order. He said that the voters have spoken and it’s just too bad that it
doesn’t work out right for the current Council members. Mr. Morrison said that the only way to
change the order of wards is to go back to the voters. Mr. Pitz said that it doesn’t seem like it’s the
way it should be.

A discussion followed about the different possibilities of running or holding out and no one running
and then getting an appointment.

Mr. Beesley said that Council should try to get this issue back on the agenda to go to the voters to
remove the wards. He said that the wards process is broken and he didn’t know how broken until
now, but would like to make the effort to educate the residents. Mrs. Madden said that the voters
may not think the process is broken. He said that it may just be Council trying to figure out what the
current members are going to do.

Mr. Morrison said that he would put together a memo about getting the issue back on the ballot.
2.     Parsons has drawn additional water samples from the bank building property and the case
should be closed by December 31, 2007.
3.     The State of Ohio now regulates all cable franchises and the City has received a letter from
AT&T terminating the contracts. He said that Munroe Falls will still receive some money.
4.     The final language on the park rules has been completed and all documents have been
turned over to Mr. Toth.
5.     The Cuyahoga Falls dispatch contract has been revised to include two successive five-year
term renewals. He said that the contract can be terminated with a 30-day written notice only in the
case of a breach of contract and time allowed to fix the breach.

Mr. Pitz said that he heard that Stow, Tallmadge, and Mogadore had signed together for
dispatching. Mr. Toth reported that Mayor Grimm told him that the COG is being dissolved.
6.       Mr. Morrison asked that the agenda be amended to include discussion of possible/pending
litigation during the Executive Session.


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                                   RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, DECEMBER 4, 2007 AT 7:00 P.M.
     Mr. Toth made a motion to amend the agenda to include the discussion of possible or
pending litigation during the Executive Session. Mrs. Laubaugh seconded the motion.

Roll call:
Mr. Beesley – yes                     Mr. Toth – yes                Mrs. Madden – yes
Mr. Pitz – yes                        Mrs. Laubaugh – yes

The motion passed.

President of Council:
Mr. O’Donnell was absent and Mrs. Madden had no report.

Motions for Council: None

Director of Finance:
Mr. Bailey had no report.

Service Director:
Mayor Larson reported:
1.    Salt trucks have been out taking care of the streets.
2.    Discussed two (2) water breaks.
3.    Leaf pick-up winding down.

Mr. Beesley asked if we were extending leaf pick-up because of the snow. Mayor Larson said that
there are always stragglers and that the crews will make one final sweep over the City, but the
program will not be extended.

Police Chief:
1.     Chief Bellinger reported that he spoke to the resident that has been parking his cars on
Florence Blvd. He said that the parking is due to the construction going on at the property. Mrs.
Madden said that there are other cars parking on the street from other homes. She also
questioned the use of storage units that are kept in the front yard of a property.
2.     Shop With A Cop – there are only 40 tickets left.

Fire Chief:
1.     The department received the Vehicle Safe Operation Award for vehicle safety training.
2.     The next EMS meeting is January 23, 2008.
3.     Chief Bowery is pursuing some training grants available through the State Fire Marshall.

Mrs. Laubaugh asked about the annual meeting of the Firefighters Dependants Fund Board. Chief
Bowery said that the Fire Department has to elect members and Council must appoint two Council
members to the Board. Once Council and the department choose their representatives then the
four members need to meet to elect a resident member.

Mr. Beesley and Mrs. Laubaugh were appointed to the Board by Mrs. Madden.

Mrs. Madden asked when the City tests its siren. Chief Bowery said that it is the first Saturday of
every month.

Mrs. Madden asked when Santa would be coming to Munroe Falls. Chief Bowery said that he
would be here on Saturday, December 22nd.

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                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, DECEMBER 4, 2007 AT 7:00 P.M.
                          REPORTS OF COMMITTEES

Community/Economic Development:
Mr. Pitz reported for the absent Mr. Bertsch:
1.      Summit Properties application was held over for further information.
2.      Gaylord Drive application was voted on and the vote was tied. That application was held for
the next meeting.
3.      Holiday/Mulberry Garden applicants were present and project was discussed. They will be
submitting a revised plan.

Mr. Toth confirmed that the Gaylord Drive issue was tied on a vote for two back-to-back cul-de-
sacs.

Finance /Audit:
1.    Check register dated November 30, 2007 was reviewed.
2.    Bid proposals were discussed in detail.
3.    Reviewed the 2008 budget. Amendments will be made during the reading of legislation.

General Government Services:
Mr. Pitz had no report.

Public Safety:
Mrs. Madden had no report.

Park Board:
This committee has not met since the last Council meeting.

Persons to Appear Before Council:
There were no persons signed in to speak before the Council.

                                   PROPOSED LEGISLATION
Ordinances for 1st Reading:
Prop. Ord. #2007-22                  AN ORDINANCE AMENDING THE MUNROE FALLS
                                     CODIFIED ORDINANCES SECTION 163.09(i)(4.1) FROM
                                     FIRE SERVICE FOR YARD HYDRANTS AND
                                     SUPPRESSION SYSTEMS TO UNMETERED WATERLINES
                                     DEDICATED SOLELY TO FIRE SUPPRESSION SYSTEMS,
                                     AND DECLARING AN EMERGENCY.

Mr. Morrison said that he would like to see this Ordinance passed on the second reading so that it
could be in effect before the January billing cycle.

Ordinances for 2nd Reading: None
Ordinances for 3rd Reading: None

Resolutions for 1st Reading:
Prop. Res. #54-2007                  A RESOLUTION AUTHORIZING THE MAYOR TO
                                     WITHDRAW FROM THE COUNCIL OF GOVERNMENTS
                                     ARRANGEMENT/AGREEMENT, EFFECTIVE
                                     IMMEDIATELY UPON PASSAGE OF THE RESOLUTION,
                                     AND DECLARING AN EMERGENCY.

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                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, DECEMBER 4, 2007 AT 7:00 P.M.
      Mr. Beesley made a motion to suspend the rules and omit all further readings of Proposed
Resolution #54-2007. Mr. Toth seconded the motion.

A voice vote was taken and the motion passed unanimously.

     Mr. Beesley made a motion to adopt Proposed Resolution #54-2007. Mrs. Laubaugh
seconded the motion.

Roll call:
Mr. Toth – yes                      Mrs. Madden – yes                    Mr. Pitz – yes
Mrs. Laubaugh – yes                 Mr. Beesley – yes

The Resolution was adopted and assigned permanent number #2007-48.

Resolutions for 2nd Reading:
Prop. Res. #53-2007                 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
                                    INTO A CONTRACT WITH CAMPBELL & ASSOCIATES,
                                    INC. FOR PROFESSIONAL ENGINEERING SERVICES
                                    FOR THE NORTH RIVER ROAD WATERLINE
                                    REPLACEMENT PROJECT IN THE CITY OF MUNROE
                                    FALLS, STATE OF OHIO, AND DECLARING AN
                                    EMERGENCY.
This was a second reading only.

Prop Res #52-2007                   A RESOLUTION TO MAKE ANNUAL APPROPRIATIONS
                                    FOR THE CURRENT EXPENDITURES OF THE CITY OF
                                    MUNROE FALLS, STATE OF OHIO, DURING THE FISCAL
                                    PERIOD ENDING DECEMBER 31, 2008, AND DECLARING
                                    AN EMERGENCY.

      Mr. Beesley made a motion to amend Proposed Resolution #52-2007 as stated in
Attachment ‘A’. Mr. Toth seconded the motion.

Roll call:
Mrs. Madden – yes                   Mr. Pitz – yes                       Mrs. Laubaugh – yes
Mr. Beesley – yes                   Mr. Toth – yes

The motion passed.

Resolutions for 3rd Reading:
Prop Res #50-2007                   A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
                                    INTO A CONTRACT WITH THE CITY OF CUYAHOGA
                                    FALLS FOR EMERGENCY DISPATCH SERVICES,
                                    INCLUDING E-911 CALLS, FOR A PERIOD OF FIVE (5)
                                    YEARS COMMENCING ON JANUARY 1, 2008.

     Mr. Beesley made a motion to adopt Proposed Resolution #50-2007. Mrs. Laubaugh
seconded the motion.

Discussion – Mr. Toth said that he wanted to make sure that all members were satisfied with the
contract.

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                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, DECEMBER 4, 2007 AT 7:00 P.M.
Chief Bellinger said that everyone knows what the cost is and he has received no other offers. He
also mentioned that Munroe Falls was not invited to the meeting between Stow, Tallmadge, and
Mogadore.

Chief Bowery said that Cuyahoga Falls is already doing dispatching and all we have to do is walk
in with the contract. He said that no one is sure of the success that Stow, Tallmadge, and
Mogadore will have.

Roll call:
Mrs. Laubaugh – yes                 Mr. Beesley – yes                    Mr. Toth – yes
Mrs. Madden – yes                   Mr. Pitz - yes

The Resolution was adopted and assigned permanent number #2007-47.

Resolutions Taking Time:
Prop Res #48-2007                   A RESOLUTION AMENDING THE SIDEWALK REPAIR
                                    PROGRAM TO REVISE TIME AND COST FACTORS FOR
                                    BOTH RESIDENTS AND THE CITY OF MUNROE FALLS.

Prop Res #49-2007                   A RESOLUTION AUTHORIZING THE MAYOR TO SERVE
                                    WRITTEN NOTICE TO THE CITY OF TALLMADGE FOR
                                    THE TERMINATION OF THE DISPATCH SERVICE
                                    CONTRACT.

     Mr. Beesley made a motion to move Proposed Resolution #49-2007 back on the active
agenda. Mrs. Laubaugh seconded the motion.

A voice vote was taken and the motion passed unanimously.

     Mr. Beesley made a motion to adopt Proposed Resolution #49-2007. Mrs. Laubaugh
seconded the motion.

Roll call:
Mr. Beesley – yes                   Mr. Toth – yes                Mrs. Madden – yes
Mr. Pitz – yes                      Mrs. Laubaugh – yes

The Resolution was adopted and assigned permanent number #2007-46.

Old Business: None
New Business: None

Adjourn to Executive Session:
The Council of the City of Munroe Falls finds need to go into Executive Session to discuss matters
pursuant to Ohio Revised Code § 121.22(G)(4) to review negotiations and/or bargaining sessions
with public employees concerning their compensation or other terms and conditions of their
employment, and §121.22(G)(3) to confer with Counsel concerning disputes involving the City that
are the subject of pending or imminent court action.

     Mr. Beesley made a motion to adjourn to Executive Session to discuss matters pursuant to
Ohio Revised Code §121.22(g)(4) to review negotiations and/or bargaining sessions with public


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                                 RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, DECEMBER 4, 2007 AT 7:00 P.M.
employees concerning their compensation or the terms and conditions of the employment and
§121.22(g) (3) to discuss possible or pending litigation. Mrs. Laubaugh seconded the motion.

A voice vote was taken and the motion passed unanimously. Council adjourned to Executive
Session at 8:21 p.m.

Reconvene to Regular Council:
     Mr. Toth made a motion to reconvene to the Regular Council meeting. Mr. Beesley
seconded the motion.

A voice vote was taken and the motion passed unanimously. Council reconvened at 8:50 p.m.

With no official action taken during the Executive Session, Mrs. Madden asked for a motion to
reject the OPBA contract for part time Police officers.

 Mr. Beesley made a motion to reject the OPBA contract for part time officers. Mr. Toth seconded
the motion.

Roll call:
Mrs. Madden – yes                   Mr. Pitz – yes                       Mrs. Laubaugh – yes
Mr. Beesley – yes                   Mr. Toth – yes

The motion passed.

Adjournment:
     Mr. Beesley made a motion to adjourn the meeting. Mr. Pitz seconded.

A voice vote was taken and the motion passed unanimously. Meeting adjourned at 8:53 p.m.




President of Council                                      Deputy Clerk of Council




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