Minutes of a Regular Council Meeting by 7IkTK8v

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                                City of Olmsted Falls
                       Minutes of a Regular Council Meeting
                   Tuesday, May 22, 2012, at Olmsted Falls City Hall
                   26100 Bagley Road - Council Chambers, 7:30 p.m.

The Pledge of Allegiance was recited. Mayor Robert Blomquist called the meeting to order at 7:31
p.m. Roll call was conducted. Councilmen Kathleen Fenderbosch, Ann Marie Donegan, Bob Sculac,
Paul Stibich, Linda Garrity and Sam Pulice were present.

Mayor Blomquist stated that Mr. Thompson did contact him and is absent and excused from the
meeting.

Also in attendance: Paul Murphy, Law Director, Kim Sperling, Finance Director, and Rosann Jones,
Economic Development Director. Audience: 20.

Approval of Minutes:
Ms. Donegan moved to approve the minutes from the Council Work Session of May 7, 2012; Mr.
Sculac seconded. Poll: 6 ayes; 0 nays. Motion carried.

Mr. Sculac moved to approve the minutes from the Regular Council Meeting of May 8, 2012; Mr.
Stibich seconded. Poll: 6 ayes; 0 nays. Motion carried.

Consideration of Amendment to the Agenda:
Mayor Blomquist stated that he was informed by Chief Munteanu during the Safety Committee
meeting that he would prefer to place another applicant for appointment to replace Mr. Labuda’s
appointment. Resumes for Andrew Novick were distributed to Council for appointment.

Mr. Sculac moved to amend the agenda to replace the appointment of Adam Labuda with Andrew
Novick; Ms. Fenderbosch seconded. Voice Vote: 6 ayes; 0 nays. Motion carried.

Mayor’s Report and Appointments:
Ms. Donegan moved to appoint Andrew Novick to the position of part time Firefighter/Paramedic in
the Olmsted Falls Fire department; Ms. Fenderbosch seconded. Poll: 6 ayes; 0 nays. Motion carried.

Ms. Donegan moved to appoint David Nimrichter, Jr. to the position of Reserve Police Officer in the
Olmsted Falls Police Department; Mr. Stibich seconded. Voice Vote: 6 ayes; 0 nays. Motion
carried.

Mr. Sculac moved to appoint Ronald Cerny, II to the position of Reserve Police Officer in the
Olmsted Falls Police Department; Ms. Fenderbosch seconded. Voice Vote: 6 ayes; 0 nays. Motion
carried.
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Ms. Fenderbosch moved to appoint Michael Barr to the position of Reserve Police Officer in the
Olmsted Falls Police Department; Mr. Stibich seconded. Voice Vote: 6 ayes; 0 nays. Motion
carried.

Ms. Donegan moved to appoint Charles Chalupa to the position of Reserve Police Officer in the
Olmsted Falls Police Department; Ms. Fenderbosch seconded. Voice Vote: 6 ayes; 0 nays. Motion
carried.

Mayor Blomquist administered the Oath of Office to Officer’s Nimrichter; Officer Cerny; Officer
Barr and Officer Chalupa.

Mayor Blomquist requested that Lt. Meluch explain the duties of Reserve Officer’s. Lt. Meluch
stated that a lot of academy recruits are certified but their certificate does not become active until they
are commissioned by a police department in the State of Ohio. The police department has a program
where each officer has to put in 25 hours per month which helps the city’s part and full time officer’s.
If there are openings within the police department these recruits could possibly be employed part time
with Olmsted Falls. The goal is to eventually activate their certificate so they can become full time
officer’s. The Reserve program has had approximately 40 individuals through it and the success rate
is 92% getting them hired by another department. Mr. Barr comes with experience from East
Cleveland and Missouri and Mr. Chalupa is a Lieutenant with the Cleveland Police Department
Arson Investigation Unit. Lt. Meluch wished the new recruits luck and hopes they find employment
somewhere in the State of Ohio.

Mayor Blomquist stated that he would like to request that Council adopt Ordinance 51-2012 which
ratifies the motion Council approved during the last meeting that allowed the Mayor to execute a no
cost change order or a reduction with Great Lakes Construction. Within 51-2012 is the final change
order with Great Lakes Construction and is a deduction of $17,632.77. Great Lakes will not perform
the work of weeding or replacing the myrtle. The city would like to close the contract with Great
Lakes which will release their subcontractor. He will then ask Council to consider a requisition to
Morton’s Landscaping to perform the work needed on the hillside.

He would also like Resolution 53-2012 to Crossroads to widen Lewis Road be adopted. When the
median barriers and delineators were installed on Lewis the road could not be expanded. Now that the
railroad relocated the gate arms the city has the ability to perform some widening. The city has
received complaints stating that Lewis is to narrow. The contract is in the amount of $8,000 but if the
city issues a road closure for the widening $1,000 will be reduced off the price.

Ordinance 55-2012 is on first reading and is basically a place holder for a purchase agreement for the
library. He would like Council to be aware that now would be the time to voice any concerns for
example, maintenance responsibilities or percentage price to maintain. Some aspects that have been
settled are: the library will perform the snow plowing of the entire parking lot including the city
constructed lot; the library and city will share the maintenance on the parking based on a percentage
basis but that percentage has not been determined. Right now they are calculating on the total square
footage of the parking and then applying a percentage based on the number of spots set aside for the
city. When we passed the Memorandum of Agreement we agreed to co-locate with a sign located
where the current existing city sign is. The library has appeared before ABR to explore the viability
of an automated messaging sign or LED based sign and what circumstances they would be allowed.
The library certainly wants this type of sign and the messages would originate from the main branch.
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Naturally since we are co-locating the city will want messages to be placed on the sign as well. The
library will also need to be added as a property owner to the access easement shared by the city,
Kidsfirst and the Community Center. He stated that if there are any issues beyond cautionary and the
cost sharing methodology that Council sees as they review the exhibit please contact him.

Communications from Residents:
Gerald Butkiewicz, 8005 Brookside Drive – he lives next to the railroad tracks across the street
from the post office. He was here a year ago regarding his driveway and was told then that it would
be finished and something would be done about the telephone pole situation. It has been almost a
year and nothing has been completed. He does know that the Quiet Zone’s are finished and that there
are no more whistles and he is hoping to get his driveway completed. He did speak with the Mayor
prior to the meeting and he believed this work was done. He stated that the Mayor mentioned that
Crossroads is completing some other work in the city and they are the ones that originally did his
driveway work, when he spoke with them he was informed that when all of this was settled they
would come back and finish his driveway. They were supposed to eliminate the ruts that are present
and they would finish off the gravel. They were to take out the existing driveway and place dirt in
that area and landscape it nice. Like he has said its actually been almost six years since this was
started and nothing has been finished. He would like to know when this project will be finished as he
needs stone in his driveway but he cannot get stone because he does not know where his driveway
will be. All he wants to know is when will this project be finished.

Mayor Blomquist stated that there is another driveway on the south side of Lewis that also needs to
be restored with grass and a driveway to the north still has some debris and concrete that needs
cleaned up. Mr. Shaller contacted the job manager Jeremy at Crossroads who stated that he was
waiting for confirmation with the driveway on Lewis because the owners have requested that both
aprons remain. Mayor Blomquist stated that Mr. Butkiewicz has also requested the area to be
restored with grass he would like some type of ground cover instead. Mr. Butkiewicz stated that he
would like Myrtle if possible to provide ground cover rather than grass for maintenance purposes.
Mayor Blomquist stated that he would ask Council to discuss that request and stated that the city does
have monies available in the grade separation fund for ground cover. Mr. Pulice apologized that it
has taken a year and believes this should not have taken this long. He also stated that he would
support ground cover rather than grass. Ms. Donegan also apologized for the length of time and
asked if this project was checked to see that everything was completed. Mayor Blomquist stated that
is why he asked Mr. Schaller for a final inspection because they recommended closing out the first
contract with Crossroads. That is a question for Mr. Schaller. Mr. Butkiewicz stated that he would
like the way the driveway is cut through finished off and tied into the existing driveway with a
heavier stone. Crossroads just graded and put down enough stone to make the driveway drivable but
if you look at the area now there is barely any stone because it has been almost five years since any
work has been done. The other issue he would like to mention is the telephone pole. He would like
someone from the city to call the Illuminating Company because when the pole was moved the utility
company just dug it up and left a mess. He cannot even get his lawn mower in because it is so rough
and there are big ruts. When his wife spoke to the individuals from the utility company she was
informed that the city has to request the work to be done we as individuals cannot. Mayor Blomquist
stated that he does know that Crossroads met with the utility company at that time and does not know
why the work was not completed but he will look into the situation. Ms. Fenderbosch stated that she
would support ground cover as well. She also stated to Mr. Butkiewicz that the inside of his home is
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just as beautiful as the outside. Mr. Stibich stated that he would like to see Mr. Butkiewicz’ wishes
carried out.

Alex Butanowicz, 26500 Bayfair – stated that he has lived here since 1988 and loves living in the
Falls. He likes when the police come down his street and believes this is a great community. He also
believes the services are great as well and that this is a great city. He stated that him and his
neighbor’s need some help with a safety issue. There is a beautiful park at the end of Bayfair and has
no problem with the kids coming down as he was a youth. But, there are problems with speeding cars
and a little bit of noise. The neighbor’s have approached the kids and most of them will listen but
some will not. His neighbor Mr. Hess, who is present tonight as well, has two children and he
believes someone is going to get hurt. Mr. Butanowicz does not know if the neighborhood would
welcome more police presence but would like officer’s to stop when there is a crowd. He stated that
anything that could be done to help with the youth would be appreciated. The kids do park on both
sides of the street and he believes someone is going to get run over. He also asked if there was a
reason there is not a “no outlet” sign because a lot of people that do not know come down and have to
turn around. Mayor Blomquist stated that the sign was not high priority when they began installing
the new replacement signs. There has been a slow and steady replacement of signs because the city
must be in conformity by 2015 with new reflective signs and they are putting no outlet tags on some.
Mr. Butanowicz does enjoy living in the city and his wife and he noticed that his street did not get
salted at the end. He also stated that he does not want the city to be hard on the guys because they
delivered him the best chips for his yard.

Andy Hess – 26484 Bayfair - stated that the teenagers are at the park to play basketball and there is
no harm in that it is what the courts are for. It is a beautiful park but the speeding is constant and we
constantly address them and tell them to slow down some do but some don’t. He stated that like his
neighbor mentioned maybe having an officer show up once in a while and explain to the kids that
there are young kids in the neighborhood. He has two little kids as does his neighbor and that is all he
is looking for. He does not believe that a speed limit sign will do anything personally but a police
presence every once in a while might. Mayor Blomquist stated that is a reasonable request. Mr. Hess
stated that all of the trees at the end of the street have been cleared under the power lines. When he
moved into the area he had a beautiful wooded lot and it went in and now they have destroyed the
entire area. There are logs everywhere, an old tractor just trash piled up. His wife spoke with the
power company and they said there was nothing they could do. He would like to ask the city if there
was anything that could be planted along the fence to block some of the view. The power company
just went back there with bobcats and shredded everything. Mayor Blomquist stated that there is a
park and recreation board member on the street and he will ask him to take a look and make
recommendations because that is a municipal park.            Mr. Stibich asked if the Chief Gilles could
consider having the motorcycle patrol pay a visit a few times and perhaps the yellow temporary signs
that state “slow down.”

Approval of Bills:
Mr. Stibich moved to approve Pay Ordinance 2012–10; Ms. Fenderbosch seconded. Poll: 6 ayes; 0
nays. Motion carried.

Officials Reports:
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Rosann Jones, Economic Development Director
She would like to call Council’s attention to Resolution 54-2012 which is for the contract for the
winning bidder of the lighting upgrade project at city hall and the service garage. The estimate was
$76,000 and the winning bid was $44,250.00 and is a union contractor. She received five other bids
ranging from $51,800 to $95,000. The engineering firm that completed the estimates had a
conference call with the winning bidder in order to ensure the he understood the work and read all the
documents correctly, which he acknowledged that he did. She would appreciate Council’s support in
adopting this legislation this evening in order to get the project started.

She stated that the house on Mapleway has been placed for sale and she has received a few phone
calls. Her third showing will be on Sunday and the showings she has had were positive. There were a
couple of people that were scared off because of the bid process and she received a couple of calls
from realtors wanting to list the property. The ad will run for four more weeks but believes the best
way to get information out is word of mouth because that is the best way to get someone to drive out
here to look at the property.

Stan Wares, Service Director – Not Present

Kim Sperling, Finance Director – No Report

Councilman Sam Pulice, Ward IV
Mr. Pulice would like Council to remove from table and withdraw 06-2012 and replace with 50-2012.

He requested that Council approve Requisition 19024 to Morton’s Landscape and Development
Company in the amount of $5,800.00 for new trees on Briarpatch and replacement trees throughout
the city.

Ms. Fenderbosch moved to approve Requisition 19024 to Morton’s Landscape and Development
Company in the amount of $5,800.00 for new trees on Briarpatch and replacement street trees
throughout the city; Mr. Stibich seconded.

Mr. Sculac asked if all the issues with the residents on Briarpatch have been settled. Mayor
Blomquist stated that he does believe so with the exception of one resident who did not believe they
understood the same terms as Shade Tree Commission. He spoke with the resident and settled that
issue. He will also send a confirmation letter to residents that are not having trees removed to make
clear that the city will take care of the maintenance of the trees because those trees do become and
safety and liability issue for the city.

Poll: 6 ayes; 0 nays. Motion carried.

Councilman Charles R. Sculac, Ward I – No Report

Councilman Ann Marie Donegan, Council-at-Large
Ms. Donegan stated that she and Ms. Garrity did attend the NOCCA meeting at the City of Brookpark
which was enlightening and eye opening with regard to city and county planning. There was critical
conversation had about master planning and all those kinds of things and about what Council’s should
be considering as they move toward the future.
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With regard to the shredding services she spoke to the gentleman from New Hope who indicated that
he mailed an invoice to City Hall a week ago to her attention. He also indicated that he will fax a
copy of that invoice today to her attention which she did not receive. She indicated that the fax will
be forthcoming and once she receives it she will pass it along. The city does not need to be concerned
about Olmsted Township’s portion they are billing for Olmsted Township so it would be just our
portion for the May event.

Regarding Briarpatch Drive and that whole debacle she believes it would be a good exercise for
Council to discuss at a work session the issues of communication and/or lack of communication to
residents and Council regarding changes. She believes it would also be a good time to look at Shade
Tree Commission and what they are doing. The Meland’s were not happy and in fact as she
understands it this issue was a part of the Trivisonno show and then it was solved. The Meland’s also
wrote her a couple letters on how disappointed they were and also left several voicemail messages
which she saved.

She would like to know if any response was received from BZA regarding the building code changes
and if in fact they were submitted to BZA. Mr. Sculac stated that the BZA members did receive those
in their packet for their last meeting but because of the pressing business at that meeting they will
discuss those issues during their June meeting.

Regarding the ordinance for the nuisance of the real property known as the Westlawn/Lindberg she
would like to see that expedited since it was delayed a meeting for further research. The sooner this
gets moving the faster the issue can be resolved and closed.

She was also wondering about the ordinance related to the changes of the deadline for filing
nominations/petitions and asked if that was a Board of Elections request. Mayor Blomquist stated
that he believes it was a Secretary of State request.

She has seen that we are now responding and sending out letters regarding BZA appeals which she
did bring up as a result of having a part of the section passed out. She is concerned because some of
the letters are dated with a certain date, for example, a letter dated April 19th when nothing was sent
out until May. She asked if this would be something that Council is going to overlook and she
guesses that the letters that have never gone out as a result of BZA does that have any bearing on
those cases that were heard or are we just now instituting and following the charter. Her first
question is the letter sent to Mr. James Siebert which was dated April 19th and there is no way that the
letter went out on April 19th because it was brought to light at the May 8th meeting. Her other question
is with regard to the BZA requirement and does that harm or have any issue with all of those BZA
appeal cases that never received letters. Mayor Blomquist stated that Ms. Donegan is mixing up this
issue. The letters are sent out to the applicants what she pointed out was the section in the Code that
indicates Council should receive a copy so now Council is receiving the letters sent since that
meeting.

Mayor Blomquist stated that he wanted to clarify Ms. Donegan’s question regarding the deadline to
filing. The request was from the Cuyahoga County Board of Elections for the legislative voting in
2010 conform to changes in federal law and Ohio Revised Code to authorize military oversees
civilian ballots be mailed 45 days prior to an election rather than 35 days for non-military voters. At
the same time the Ohio legislature changed the candidate and issue filing deadline from 75 to 90 days
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prior to an election for non-charter political subdivisions. He indicated that a copy of the letter will
be forwarded to all of Council.

Mr. Pulice stated that he would like to address the Briarpatch issue with the Meland’s. As far as he
can remember they were pretty well informed and updated as to what was going on. He believed this
project was moving forward and is a little confused as to why there was an issue and why Mr.
Trivisonno was involved. He spoke to the Meland’s and they addressed Council as well as Shade
Tree and he is just a little concerned as to why there was an issue. Mayor Blomquist stated that the
Meland’s expressed to him was that Mrs. Meland did not feel there was an agreement made that they
agreed to she just recalls a discussion. He also spoke with members of Shade Tree Commission and
they felt that they worked with the resident at a second meeting and had an agreement but for
whatever reason Ms. Meland’s impression of that is not the same. She then called the radio show and
is now happy. Mr. Pulice asked if Mrs. Meland is now aware of what will happen from this point
forward. Mayor Blomquist replied yes. This issue has commission people deviating from procedure
as well as Council people involved and that does create too much confusion and he would just like
this matter settled. He would be very uncomfortable making a decision to pre-empt the work of a
citizens commission because they are the ones charged with this issue and when we all jump in
regardless of the titles of our offices we begin usurping the things that our volunteers do and have the
authority that has been set aside for them from Council. He has tried to communicate to Shade Tree
that he has made a decision with regard to this individual property owner’s case and believes that
another important issue is to confirm the decision made to leave some trees and remove some trees
that residents have planted. The trees that are remaining that residents have planted need to clearly
understand that the city will maintain those in the interest of public safety. Mr. Pulice asked if any
trees on the Meland property being removed. Mayor Blomquist replied no.

Councilman Linda Garrity, Ward III
Ms. Garrity stated that ABR will consider the electronic sign requested by the library this coming
Thursday evening. She wanted to point out that in the past ABR has been very strict about lighting
and signs and have also had people deconstruct signs that were already in place because they didn’t
meet the proper lighting format. They have not allowed any type of modern looking sign with
lighting they only permit signs with lighting that is projected upward from the ground.

This Thursday Community Development will hold a work session to finalize the residents guide.

She would like to comment with regard to the residents who spoke this evening. Every Spring and
early Summer she brings up having the motorcycle officer out with the youth. This year the city has
two motorcycle officer’s and she believes that teenagers are the prime target where we want to
promote that the police are good people and have them interact with them. She believes the
motorcycle would be exciting to the teens and knows the kids in Falls Pointe would love it.

She stated that she has received complaints regarding the state of disrepair with the streets signs in
Falls Pointe. Last year this issue was brought up from the president of the different homeowner
associations and she emailed Mr. Borczuch who explained that he is waiting for the upgraded
guidelines from the state regarding the reflective requirements for street signs. She drove around
today through all the streets and looked at the signs which are the original signs and probably 13 to 15
years old. The green and gold trim paint is peeling off and the round knobs that were on top of the
signs are now missing with nails sticking up and the decorative arms are gone. This complaint was
brought up a year ago and she was told there was nothing we could do but surely there is something
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we can do to repair these signs until we decide what we are going to do with the new state guidelines.
She asked if green paint could be used to touch up the signs to make them more presentable. Mayor
Blomquist stated that he will request that Mr. Borczuch give Ms. Garrity a schedule for the
replacements. He stated that they have already begun converting signs. Ms. Garrity indicated that she
has seen one new sign but the majority are the original green trimmed in gold. She stated that if the
replacements are too far off she would like to discuss touching the old ones up. Mr. Sculac stated that
this issue was discussed during the service committee meeting on Monday. There have been a
number of requests to change signs at this point around town and Mr. Borczuch is aware of them. We
are waiting for some state guidelines and he does believe those are close to being completed. To have
an expenditure to do something temporary and then another expenditure for something permanent the
committee did not want to expend additional dollars. Ms. Garrity stated that if she could have a date
she will pass the information to the homeowners groups. She did tell them last year to wait and now
they want to know how long they have to wait. Mr. Sculac stated that he is not aware of a date at this
time. Ms. Garrity stated that she would then ask for some sort of touch up and believes they could be
easily made to look adequate until they are replaced.

Councilman Paul Stibich, Ward II – No Report

Councilman Kathleen Fenderbosch, Council Pro-Tempore
Ms. Fenderbosch stated that she has a requisition from the Safety Committee, on behalf of the
Council President for the police department.

Mr. Pulice moved to approve Requisition 18914 to Bailey’s Communication for an additional server
to maintain the TAC software and records in the amount of $7,618.58; Mr. Stibich seconded.

Ms. Fenderbosch stated that this additional server will strictly be for the police department and their
software and records. Ms. Donegan asked if this was a budgeted item. Mayor Blomquist replied yes
and stated that the essential problem for Council is that the existing server does not have the platform
to maintain the new upgrade to the TAC software.

Poll: 6 ayes; 0 nays. Motion carried.

Ms. Fenderbosch indicated that she also has a requisition from Service Committee.

Mr. Sculac moved to approve Requisition 19025 to Valley Ford Truck, Inc., for a 2012 F-350 cab
and chassis in the amount of $21,085.00; Mr. Stibich seconded.

Ms. Fenderbosch indicated that this purchase will replace the 1996 utility van that is basically falling
apart. The utility van was supposed to be replaced two years ago according to the equipment
replacement schedule. Mr. Pulice indicated that this vehicle will be placed for sale on govdeals.com.

Poll: 5 ayes; 1 nay (Donegan). Motion carried.

Ms. Fenderbosch moved to declare the 1996 Chevy utility van excess public property and place on
govdeals.com to sell; Mr. Stibich seconded.

Mr. Murphy asked what the estimated bid would be. Ms. Fenderbosch indicated that the minimum
bid will be $1,000. Mr. Murphy stated that Council will need to adopt an ordinance in order to
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dispose of the property if the cost is over $1,000. Mayor Blomquist indicated that Council can vote on
the motion and legislation will be placed on Council’s agenda for the next meeting.

Voice Vote: 5 ayes; 1 nay (Donegan). Motion carried.

Ms. Fenderbosch moved to approve Requisition 11856 to New Sunset Band for Falls Day in the Park
in the amount of $550.00 and to authorize the Mayor to enter into a contract; Mr. Stibich seconded.
Poll: 6 ayes; 0 nays. Motion carried.

Ms. Fenderbosch stated that the bid opening for the 2012 streets program will be at noon on May 29th.

Councilman Garry Thompson, Council President – Not Present

Paul Murphy, Law Director – No Report

Old Business:
Ordinance 02-2012
      AN ORDINANCE ENACTING CHAPTER 640 OF THE CODIFIED ORDINANCES
      TITLED OFFENSES RELATING TO RAILROADS Tabled

Remained on table

Ordinance 06-2012
      AN ORDINANCE AMENDING SECTION 618.01 OF THE CODIFIED ORDINANCES OF
      THE CITY REGARDING DANGEROUS AND VICIOUS DOGS, AND DECLARING AN
      EMERGENCY Tabled

Ms. Donegan moved to remove from table; Ms. Fenderbosch seconded. Poll: 6 ayes; 0 nays.
Motion carried. Ms. Donegan moved to withdraw; Ms. Fenderbosch seconded.

Ms. Donegan requested that 50-2012 remain on the agenda because when she reviewed 79-2011,
which is essentially the same piece of legislation, 06-2012 and all of the correspondence that goes
back to 2010 there were some elements that our prosecutor put forward adding to the legislation.
There was a lot of conversation and input from and she would like to discuss at a work session.

Poll: 6 ayes; 0 nays. Motion carried.

Ordinance 27-2012
      AN ORDINANCE AMENDING SECTION 1420.05 OF THE CODIFIED ORDINANCES
      OF THE CITY TO CLARIFY THE APPEAL PROCEDURE CONTAINED THEREIN
      Tabled

Remained on table

Mayor Blomquist stated that to his recollection there were concerns about the building commissioner
feedback from Planning Commission and he believed those were reconciled with the last two
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ordinances 32 and 33. Ms. Donegan stated that Mr. Thompson sent a memo on behalf of Council to
all members of the BZA regarding Ordinances 27-33 and asked that they provide feedback. She
stated that Mr. Sculac indicated that BZA did receive them and will be discussing at their meeting on
the third Wednesday of June. She stated that provided Council receives feedback she presumes these
pieces could move by the 2nd meeting in June. Mayor Blomquist thanked Ms. Donegan.

Ordinance 28-2012
      AN ORDINANCE AMENDING SECTION 1424.05 OF THE CODIFIED ORDINANCES
      OF THE CITY TO CLARIFY THE APPEAL PROCEDURE CONTAINED THEREIN
      Tabled

Remained on table

Ordinance 29-2012
      AN ORDINANCE AMENDING SECTION 1461.05 OF THE CODIFIED ORDINANCES
      OF THE CITY TO CLARIFY THE APPEAL PROCEDURE CONTAINED THEREIN
      Tabled

Remained on table

Ordinance 30-2012
      AN ORDINANCE AMENDING SECTION 1470.17 OF THE CODIFIED ORDINANCES
      OF THE CITY TO CLARIFY THE APPEAL PROCEDURE CONTAINED THEREIN
      Tabled

Remained on table

Ordinance 31-2012
     AN ORDINANCE AMENDING SECTION 1472.06 OF THE CODIFIED ORDINANCES OF
     THE CITY TO CLARIFY THE APPEAL PROCEDURE CONTAINED THEREIN Tabled

Remained on table

Ordinance 32-2012
      AN ORDINANCE AMENDING SECTION 1474.14 OF THE CODIFIED ORDINANCES
      OF THE CITY TO CLARIFY THE APPEAL PROCEDURE CONTAINED THEREIN
      Tabled

Remained on table

Ordinance 33-2012
      AN ORDINANCE AMENDING SECTION 1477.05 OF THE CODIFIED ORDINANCES
      OF THE CITY TO CLARIFY THE APPEAL PROCEDURE CONTAINED THEREIN
      Tabled

Remained on table
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Ordinance 45-2012
      AN ORDINANCE IMPLEMENTING A TIME CLOCK POLICY AND PROCEDURES
      FOR EMPLOYEES OF THE CITY OF OLMSTED FALLS BY ENACTING NEW
      SECTION 254.40 OF THE CODIFIED ORDINANCES OF THE CITY Third Reading

Ms. Donegan moved to amend 45-2012 Item C should read “all employees must clock in before
beginning any work employees insert: shall not perform any work before they have clocked in or
after they have clocked out insert: without approve from their supervisors. Section (i) on Page 2
shall be added to read “Emergency situations that cause deviation from this policy needs to be
reported that day by the supervisor to the Finance Department”; Mr. Stibich seconded.

Ms. Sperling stated that under (k) the sentence “tampering includes touching the time clock other
than to clock in or out” needs to be removed as well.

Ms. Donegan moved to also amend Section (K) to read “Any employee who tampers with the time
clocks will be subject to Group 3 offenses. Any time clock malfunctions must be reported
immediately to the Finance Department; Mr. Stibich seconded.

Mayor Blomquist stated that the disciplinary policy lists Group 3 offenses as the most serious and
mandate a 10 day suspension or termination. Ms. Donegan requested a clean copy of 45-2012 after
amendments.

Poll: 6 ayes; 0 nays. Motion carried.

Ms. Fenderbosch moved to adopt as amended; Ms. Stibich seconded. Poll: 6 ayes; 0 nays. Motion
carried.

Ordinance 47-2012
      AN ORDINANCE SUBMITTING TO THE ELECTORATE OF THE CITY OF OLMSTED
      FALLS, OHIO, A PROPOSED AMENDMENT TO SECTION 6.01 OF THE CHARTER OF
      THE CITY REGARDING THE DEADLINE FOR FIILNG NOMINATING PETITIONS
      WITH ELECTION OFFICIALS, PROVIDING FOR ALL NECESSARY PROCEDURES IN
      CONNECTION THEREWITH, AND DECLARING AN EMERGENCY Second Reading

Resolution 48-2012
       A RESOLUTION APPROVING THE ADOPTION OF THE COUNTYWIDE ALL
       NATURAL HAZARDS MITIGATION PLAN FOR CUYAHOGA COUNTY, 2011
       UPDATE Second Reading


New Business
Ordinance 50-2012
      AN ORDINANCE AMENDING SECTION 618.01 OF THE CODIFIED ORDINANCES OF
      THE CITY REGARDING DANGEROUS AND VICIOUS DOGS, AND DECLARING AN
      EMERGENCY First Reading
                                                                Approved Minutes 05/22/2012
                                                                                   Page 215


Ordinance 51-2012
      AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 37 WITH THE GREAT
      LAKES CONSTRUCTION CO. FOR THE COLUMBIA ROAD GRADE SEPARATION
      PROJECT, AUTHORIZING THE CLOSE OUT OF SAID PROJECT, AND DECLARING
      AN EMERGENCY First Reading

Mr. Sculac moved to suspend; Ms. Fenderbosch seconded. Voice Vote: 5 ayes; 1 nay (Donegan).
Motion carried. Ms. Fenderbosch moved to waive the reading in its entirety; Mr. Stibich seconded.
Voice Vote: 5 ayes; 1 nay (Donegan). Motion carried. Mr. Sculac moved to adopt; Ms.
Fenderbosch seconded.

Mayor Blomquist stated that as he discussed during his report this will close out the project and is a
final deduct and will also release the retainage. This will allow the city to function independently and
finish out the project the way the city decides. As long as the contract is open we are still subject to
those requirements and further change orders. It has been recommended by our project supervisor
that we conclude this contract so we can move forward and clean up the hillside locally. Ms.
Donegan stated that she certainly wishes to have this project closed but does have an issue with the
landscaping, the decision about the landscaping, the issues with landscaping and paying extra money
for the landscaping so she will vote no. Mayor Blomquist stated that again the issue with the
landscaping was to hold $20,000 and the price would have been $21,000 for the sub to come in and
perform a replacement of 25% of the Myrtle. To complete that logically the hillside would be need to
be cleared in order to see where to put the replacement plants. Another weeding of the hillside was
not included in the contract which would then be an added cost. Again, functionally we are better
closing out the contract and completing the weeding and taking over the maintenance ourselves. Mr.
Pulice asked if there was a timeframe if this ordinance was. Mayor Blomquist stated that he does
have a proposal to present to Council if this is adopted this evening.

Poll: 5 ayes; 1 nay (Donegan). Motion carried.

Mayor Blomquist indicated that the ordinance is adopted without an emergency clause and will
become effective after 30 days.

(After discussion during “Such Other Business that May Come before Council” Mr. Pulice indicated
that he would like to change his vote from “nay” to aye.”)

Ordinance 52-2012
      AN ORDINANCE DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA
      COUNTY PERMANENT PARCEL NO. 291-39-015 TO BE A NUISANCE,
      AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK
      NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY
      First Reading

Ms. Donegan moved to suspend; Mr. Sculac seconded. Voice Vote: 6 ayes; 0 nays. Motion
carried. Ms. Donegan moved to waive the reading in its entirety; Ms. Fenderbosch seconded.
Voice Vote: 6 ayes; 0 nays. Motion carried. Mr. Sculac moved to adopt; Ms. Donegan seconded.

Ms. Donegan requested that the introduction line be changed to Mayor and Council as a Whole as
Council worked hard on this issue. Poll: 6 ayes; 0 nays. Motion carried.
                                                              Approved Minutes 05/22/2012
                                                                                 Page 216


Resolution 53-2012
       A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH
       CROSS-ROADS ASPHALT RECYCLING, INC., TO WIDEN LEWIS ROAD IN THE
       AREA OF THE QUIET ZONE INTERSECTION IMPROVEMENT PROJECT, AND
       DECLARING AN EMERGENCY First Reading

Ms. Donegan moved to suspend; Ms. Fenderbosch seconded. Voice Vote: 6 ayes; 0 nays. Motion
carried. Ms. Donegan moved to waive the reading in its entirety; Ms. Fenderbosch seconded.
Voice Vote: 6 ayes; 0 nays. Motion carried. Ms. Fenderbosch moved to adopt; Mr. Sculac
seconded. Poll: 6 ayes; 0 nays. Motion carried.

Resolution 54-2012
       A RESOLUTION AUTHORIZING THE MAYOR TO ENTERINTO A CONTRACT WITH
       BAYWEST ELECTIC CO., INC. TO PROVIDE LIGHTING UPGRADES FOR THE
       ADMINISTRATION BUILDING AND BOTH SERVICE BUILDINGS AND DECLARING
       AN EMERGENCY First Reading

Ms. Donegan moved to suspend; Ms. Fenderbosch seconded. Voice Vote: 6 ayes; 0 nays. Motion
carried. Ms. Donegan moved to waive the reading in its entirety; Ms. Fenderbosch seconded.
Voice Vote: 6 ayes; 0 nays. Motion carried. Ms. Donegan moved to adopt; Ms. Fenderbosch
seconded.

Ms. Donegan thanked Ms. Jones for all her work on this project

Poll: 6 ayes; 0 nays. Motion carried.

Ordinance 55-2012
      AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE
      AGREEMENT WITH THE CUYAHOGA COUNTY PUBLIC LIBRARY FOR A
      PORTION OF THE PROPERTY KNOWN AS CUYAHOGA COUNTY PARCEL NO.
      281-15-006, AND DECLARING AN EMERGENCY First Reading

Ordinance 56-2012
      AN ORDINANCE IMPLEMENTING A FRAUD REPORTING SYSTEM FOR
      EMPLOYEES OF THE CITY OF OLMSTED FALLS BY ENACTING NEW SECTION
      254.41 OF THE CODIFIED ORDINANCES OF THE CITY First Reading

Ms. Donegan moved to discuss.

Ms. Donegan stated that she brought up the fraud issue as a result of reading information from David
Yost and believed this was effective at the beginning of May and asked that this legislation be
adopted. Ms. Sperling indicated that this police was on the human resource agenda and the city is
suppose to complete this for all new employees and to inform all other employees. She stated that
she also received the correspondence from Yost and they are expecting cities to do this soon but did
not come out a long time before May in order to allow time to complete. Ms. Donegan stated that she
read this was effective at the beginning of May. She also asked if reserve officer’s would not be
considered employees and her second question is how is the city letting employee’s know about all
these new procedures.
                                                                Approved Minutes 05/22/2012
                                                                                   Page 217


Ms. Donegan moved to suspend; Mr. Stibich seconded. Voice Vote: 6 ayes; 0 nays. Motion
carried. Ms. Fenderbosch moved to adopt; Mr. Stibich seconded. Poll: 6 ayes; 0 nays. Motion
carried.

Ordinance 57–2012
      AN     ORDINANCE    IMPLEMENTING  A   REDACTION    OF   NON-PUBLIC
      INFORMATION/RECORDS POLICY FOR EMPLOYEES OF THE CITY OF OLMSTED
      FALLS BY ENACTING NEW SECTION 254.42 OF THE CODIFIED ORDINANCES OF
      THE CITY First Reading

Ordinance 58–2012
      AN ORDINANCE IMPLEMENTING A PERSONAL INFORMATION SYSTEM FOR
      EMPLOYEES OF THE CITY OF OLMSTED FALLS BY ENACTING NEW SECTION
      254.43 OF THE CODIFIED ORDINANCES OF THE CITY First Reading

Miscellaneous New Business - None

Such other business that may come before Council
Mayor Blomquist distributed a proposal from Morton’s Landscaping. He stated as to Mr. Pulice’s
timeline the proposal is now before Council. The quote is in the amount of $5,640.00 and they will
have a hand crew pull the weeds on the slopes per the specifications provided by the city. Those
specifications were not to crush the existing Myrtle and remove them by their roots. This will entail a
lot of manual labor but they will also apply an overlay so no other weeds emerge and apply liquid
fertilization. He did speak with other landscapers but they are not set up to have their crews to handle
this type of project in this manner and this is the only and best quote received. He stated that he did
hope that the resolution would have passed as an emergency so that the city could get a crew out
earlier rather than later. Unfortunately statutorily when we have legislation as an emergency even
though it passes by a majority of Council it does not taken affect for 30 days. Mr. Pulice stated that
he would like to state the reason he voted no was because of principal. The way the project was
completed he does not feel it was done to standards that the city paid for. As far as expediting the
project and getting it completed during the growing season rather than waiting the extra 30 days he
would reconsider his vote and change his “nay” to “yea” regardless of what the Mayor has
implicated but he wants to move forward with this as quickly as possible. He would also state that on
principal he does not feel that the job was done correctly. As an individual if he would have
performed that job he would have been required to make it correct without any additional pay
regardless of bonus which he understands they received a 20% bonus by the success rate. Mayor
Blomquist asked if Mr. Pulice could just change his vote or should the legislation be placed back on
the table. Mr. Murphy indicated that by noting that he would change his vote from no to yes would
be sufficient. Mayor Blomquist thanked Mr. Pulice and stated that this will allow the city to conclude
this project. The retainage that the city keeps will stay in the grade separation fund and we will apply
it to what we need to do. He has already has a plan from Mr. Borczuch because it is our Service
Department that has the experience of maintaining part of that underpass with mowing the grass
which takes an inordinate amount of time. Mr. Borczuch recommended that in the grade separation
fund we reserve about $100,000 for about 4 years for maintenance because we are going to weed that
hillside again until the Myrtle starts growing. Mr. Borczuch would also like to replace the grass at the
bottom with river rock and the only way we can get to these things sooner rather than later is to close
the project with the general. Mr. Pulice stated that he understands and will go back to his original
                                                            Approved Minutes 05/22/2012
                                                                               Page 218


question what would be the timeframe. Mayor Blomquist requested that Council sponsor a motion to
Morton’s.

Mr. Pulice moved to authorize a requisition to Morton’s Landscape and Development Company in
the amount of $5,640.00 to get a hand weeding of the slopes at the grade separation project to the
specifications provided; Ms. Fenderbosch seconded. Poll: 5 ayes; 1 nay (Donegan). Motion carried.


Mr. Sculac moved to adjourn; Ms. Fenderbosch seconded. Voice Vote: 6 ayes; 0 nays. Motion
carried.

The meeting adjourned at 9:03 p.m.




_______________________________                   ____________________________
Robert Blomquist, Mayor                           Angela Mancini, Clerk of Council

								
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