2011 12 12 committee session by 9h9O9MR


									                             City of Bay Village
Council Minutes, Committee Session                                       December 12, 2011
Conference Room                                                             7:30 p.m.

Brian Cruse, President of Council, presiding

Present:       Clark, Cruse, Koomar, Pohlkamp, Scott, Tadych, Young

Not Present:   Mayor Sutherland

Present:       Law Director/Acting Mayor Ebert, Finance Director Presley, Service Director
               Galli, Police Chief Wright, Fire Chief Lyons, Community Services Director
               Bock, Recreation Director Enovitch, Operations Manager Landers

President of Council Brian Cruse called the meeting to order at 7:30 p.m. in the Conference
Room of Bay Village City Hall and the meeting was open to the public.


Reappointment of Ann Kirka to the Recreation Commission for a four-year term expiring
February 4, 2016.

In the absence of Mayor Sutherland, Mr. Cruse advised that the Mayor has requested the
reappointment of Ann Kirka to the Recreation Commission for a four-year term expiring
February 4, 2016. The matter of approval will be placed on the agenda for the December 19
meeting of Council.

Mr. Cruse advised that his son, Carter Cruse, taped the Rocky River vs. Bay Village Boy’s
Basketball game on Friday, December 9. Mr. Koomar represented Bay Village with Mayor
Pamela Bobst, representing the City of Rocky River. When questioned as to who was going to
win the game, Mr. Koomar stated that he is a Rocky River graduate but lives in Bay Village now
and asked Mayor Bobst if she agreed it should be a tie. Mr. Cruse congratulated and thanked
Mr. Koomar on his able and diplomatic representation of Bay Village.

President of Council Cruse announced that a Special Meeting of Council is scheduled for
Wednesday, December 28, 2011, at 5:30 p.m. to close out end-of-the-year business.


The following members of the audience signed in this evening: Karen Lieske, Susan Murnane,
Jerrie Barnett

Committee Meeting of Bay Village City Council
December 12, 2011

Amendment to Codified Ordinance No. 351.99 Penalty for handicap parking and overnight

Mr. Tadych advised that a meeting of the Environment, Safety and Community Services
Committee was held on December 7, 2011 with review of parking ticket fines imposed in the
City of Bay Village. Mr. Tadych distributed a memorandum sent by Police Sergeant Robert
Gillespie to Councilman Tadych dated March 24, 2011, proposing a change in the handling of
overnight parking and handicap violations. Handicap parking violations cited under the state
code are punishable by a fine of $336.00; if cited under the City of Bay Village code the fine is
$10.00 and $20.00 after 72 hours. Sergeant Gillespie provided a survey of the parking fine
structure in surrounding communities. Mr. Tadych explained the procedure used by the police in
issuing parking tickets, and the process for payment and notification of late fee by the clerk in
the Police Department. The Environment, Safety and Community Services Committee studied
the issue and after review and discussion, a majority of the committee suggested changing the
fine structure for overnight parking violations to $25.00 per violation, increased to $40.00 if not
paid within 72 hours. One member of the committee did not agree and thought it should be a
lesser amount. Mr. Tadych noted that the Police Chief has advised that the fee structure has not
been changed since he became a member of the department thirty-one years ago. The committee
was in full agreement that the handicap parking violation be imposed as a $100.00 fee.

Mr. Pohlkamp agreed that $75.00 to $100.00 would be a reasonable fine for handicap parking
violations, noting that the spots are for handicapped people and there should be a deterrent in
these situations.

Mr. Koomar commented that in most cities he has seen the amount of $250.00 as the designated
fine posted on handicap parking signs.

Mr. Clark asked how many of the 1200 parking citations issued in 2011 were handicap parking
violations. Chief Wright stated that there were just a handful of handicap violation citations.

Mr. Scott stated that everyone on the committee agreed that $100.00 should be imposed for the
handicap parking violations. He noted that he was the minority view on the street parking fine of
$25/$40, thinking that it is excessive for something he considers, in many cases, to be an honest
mistake. Mr. Scott would support a lesser amount of $10.00 or $15.00 as an overnight parking
violation fine.

Mr. Tadych noted that residents may obtain permission to park on the street by placing a
telephone call to the Police Department. Secondarily, the safety feature of the city of having a
car on the street calls for police action. Mr. Scott commented that he agrees that a raise in fine is
in order, but the value will not affect the deterrent effect. Many times it is a simple, forgetful act
on the part of a resident.

Mr. Young commented about an overnight parking situation on Ashton Lane where the
offending party merely pays the $5.00 ticket and continues to park on the street. He expressed
that the amount of $25.00 would probably just cover the cost of issuing a ticket.

Committee Meeting of Bay Village City Council
December 12, 2011

Mr. Cruse mentioned that he forgot that he parked his car on the street recently, after shuffling
cars in the driveway, noting that he does agree with Mr. Scott’s point.

Mr. Clark suggested the possibility of a higher fine on a county or state road. Mr. Cruse stated
that this may become a logistical nightmare.

Mr. Cruse recommended that something of this nature run three full readings of the ordinance for
allowing public comment. This would avoid the appearance of revenue generation, as Sergeant
Gillespie pointed out in his memorandum. The ordinance will be placed on first reading on
December 19 and run three full meetings before adoption.

Amendment to Codified Ordinance Subsection 151.07(a) regarding hospitalization

Mr. Tadych advised that a resident called him on Easter Sunday of this year to advise that he was
on his way home on Oakmoor Road from a local gasoline station and was pulled over by a Bay
Village police officer for having expired license plate stickers. The resident acknowledged that
he was in the wrong but was hoping the officer would let him go one more block to his home and
then present the officer with the proof that he had the sticker. The Police Department towed the
car and the resident incurred costs of about $400.

Mr. Tadych noted that in discussing this, Law Director Ebert commented that there have also
been situations that people have reported to him about license plate stickers. Mr. Ebert and Mr.
Tadych came up with an expiration day of 180 days for Ordinance 307.01, Impounding of
Vehicles; Redemption. A vehicle may also be impounded by the current law when a vehicle is
found for which two or more citation tags for violations of the code have been issued and the
owner or operator has failed to respond to the citation tags. This would be changed to five or
more citation tags.

Law Director Ebert distributed a copy of the Policy and Procedures of the Police Department
regarding police impound, inventory and towing dated October 14, 2011. Police Chief Wright
would prefer to leave the ordinance as is and have a policy and procedure change. Chief Wright
noted that policy and procedure is based on what is legally defined by ordinance. It is feared that
the officer’s discretion on the road will be limited if there is a need to tow a vehicle for
evidentiary purposes that might be expired for less than 180 days. Law Director Ebert requested
further time to review this with the Police Chief to determine an acceptable resolution. An
ordinance will be placed on the agenda for the regular meeting of Council to be held on
December 19 for first reading.

Mr. Tadych advised of receiving a call today regarding someone knocking a resident’s door in an
effort to sell beefsteaks at 8:45 p.m. on a recent evening. The resident was requesting that the
hours be changed allowing solicitation to an earlier time.

Committee Meeting of Bay Village City Council
December 12, 2011
Mr. Ebert noted that the time was changed in the past by ordinance and overruled by Federal
Judge Batista who mandated that the time would be extended to 9 p.m. as a result of action filed
by the American Civil Liberties Union.

Mr. Tadych commented that he would like to know what other cities are doing and how this
could be managed more professionally.


Cahoon Road Sanitary Sewer Improvements

Mr. Pohlkamp advised that Director of Public Service & Properties Dan Galli has submitted a
memorandum dated December 8, 2011 regarding the three projects identified in the CT
Consultants SSO Closure Technical Memorandum to the United State Environmental Protection
Agency which are as follows:

              Cahoon Creek Aerial Sewer Replacement $844,000.00
              Lake Road Pump Station Reconstruction   $500,000.00
              Cahoon Road Sewer Replacement         $1,500,000.00

Mr. Pohlkamp addressed the Cahoon Road Sewer Replacement, noting that Mr. Galli’s
memorandum advises that engineering work will be required for this project in the amount of
$107,000.00 per bid from CT Consultants.

Mr. Galli commented that if engineering is completed the project can go out to bid by June or
July of 2012 and be completed by September of 2013. Mr. Pohlkamp noted that this is a large
project and the slope on the Cahoon Road sewer is less than ideal which causes poor flow. There
is a good amount of leaking in the sewer and this is a further attempt to stay in line with the EPA
to reduce the storm sewer overflows.

An ordinance will be placed on the agenda for the regular Council meeting to be held December
19, 2011, authorizing the Mayor to enter into a contract with CT Consultants for the engineering
portion of the Cahoon Road Sewer Replacement project.


Amendment to Codified Ordinance Subsection 151.07(a) regarding hospitalization

Director of Finance Presley stated that this ordinance will change the contribution rate for
hospitalization for non-bargaining employees effective January 1, 2012.

The ordinance will be placed on the agenda for the December 19 regular meeting of Council.

Committee Meeting of Bay Village City Council
December 12, 2011


Janitorial Services

Mr. Young advised that the former full time custodial employee has been replaced with a
janitorial service and the amount of $15,000 that can be spent before the necessity to advertise
for bids has been reached. A motion to advertise for bids for janitorial service will be included
on the December 19, 2011 meeting of Council.


Mr. Scott had no report this evening.


Bailey Communications Contract for Network Support

Mr. Clark advised that the contract with Bailey Communications expires on December 31,
2011. Mr. Presley has requested renewal of the contract and Mr. Clark stated that he has
concerns about going out three years. There has been agreement about doing something shorter
than that. There needs to be discussion about going out for proposals on something like this or
going month-to-month on a go forward basis so that at least there is a back-up into 2012.

Mr. Young commented that there has been discussion about possible changes with the existing
telephone system and that may affect this contract.

Mr. Presley stated that in talking with Mr. Bailey he has learned that in going to a Voice Over IP
there may not necessarily be an effect to the contract. Bailey has done support for a Voice Over
IP system and the question would be whether it would be on top of the current server or a
separate server. Mr. Presley further noted that the contract with Bailey Communications is being
offered under the same terms and conditions at the same price. Mr. Presley commented that
Information Technology (IT) costs are becoming increasingly more expensive, with the demand
for IT people creating more jobs and higher compensation. Mr. Presley stated that the Bailey
Communications people are good people and he would like to keep them.

Mr. Tadych stated that if the city goes out for bids and Bailey Communications bids in at the
good rate they are giving us it would prove that the selection is accurate.

Mr. Clark stated that given the projected deficit going forward, the concern is what are the optics
of a no-bid contract for this type of service. He stated that he would not want to commit for
anything longer than a year with the possibility of consideration of going out for proposals at a
later date. Mr. Presley noted that an RFP process was conducted three years ago to get Bailey
Communications. Mr. Clark asked how many people bid at that time. Mr. Presley will provide
Mr. Clark that information. They provide 312 hours per year with breaks out to about $80.00
per hour. Mr. Clark noted that they may be the right choice but Council must go about the

Committee Meeting of Bay Village City Council
December 12, 2011
contract in the right way, commenting that network backup is very important. Mr. Presley
commented further on the work Bailey Communications has done in coordinating the city’s
licenses for all of the departments resulting in savings for the city.

Mr. Pohlkamp noted that $80.00 per hour is a fair price and expressed agreement with Mr. Clark
in going forward one year with a contract, doing RFP’s next fall and simultaneously look at
Voice Over IP.

Mr. Clark noted that the same situation exists with the health care plan; when trying to make a
quick decision mistakes get made. He expressed favor with extending the contract with Bailey
Communications for one year with consideration as to whether to go for requests for proposals
next year.

An ordinance will be prepared for a one-year renewal contract with Bailey Communications, at
the existing price, for the Council agenda of December 19, 2011.

In compliance with Section 121.22 of the Ohio Revised Code, Mr. Koomar MOVED to adjourn
to Executive Session regarding labor contracts and litigation at 8:20 p.m.

Roll Call Vote: Yeas- Clark, Cruse, Koomar, Pohlkamp, Scott, Tadych, Young. Nays –
None. Motion carried 7-0.

Council reconvened in an open meeting at 8:29 p.m. Present were: Clark, Cruse, Koomar,
Pohlkamp, Scott, Tadych, Young. Also present: Law Director Ebert and Finance Director

There being no further business to discuss, the meeting adjourned at 8:30 p.m.

_____________________________                                __________________________
Brian C. Cruse, President of Council                         Joan Kemper, Clerk of Council


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