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					RECORD OF PROCEEDINGS CITY OF MUNROE FALLS REGULAR COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2004 AT 8:00 P.M. Mrs. Case called the meeting to order at 8:04p.m. Mr. Mills gave the opening. Councilpersons present: Jeannine Case, Tom McLaughlin, Laura Cingle, Dave Bertsch, Cathy Laubaugh, Warren Schneider and Marvin Mills. Also present: Mayor Larson, Law Director Jack Morrison, Director of Finance David Bailey, Fire Chief Jim Bowery, Police Chief Steve Stahl, Officer Bob Post, Service employee Jim Seaver, BZA member Ann Malorni and Deputy Clerk of Council Amy Locy. Approval of Minutes:  Mr. McLaughlin made a motion to approve the minutes of the Council meeting held Tuesday, November 2, 2004. Mr. Mills seconded the motion. Mr. Bertsch – yes Mr. Schneider – yes Mrs. Laubaugh – yes Mr. Mills – yes

Roll call: Mrs. Cingle – yes Mr. McLaughlin – abstain Mrs. Case – yes The motion passed.

Persons to Appear Before Council: 1. Georgia Bruner-Brooker, 295 Northmoreland Ave. – said that she attended the last Council meeting and was very disheartened. She said that she thought Mr. Mills was out of line when he interrupted Michelle Kruse. She feels that everyone has the right to be heard. Asked when the appropriate time to talk to the Mayor is? She said that she thinks the Mayor has made strides in communicating with the business owners, but she would like to see more communication with residents. Mentioned that Stow’s Mayor holds office hours at least one late night per month so that residents that work can still meet with her. She suggested that Mayor Larson add evening hours to his schedule to accommodate working residents. Mayor Larson said that he appreciated the comments and would take them under advisement. He said that if evening hours are scheduled, he would let residents know via the newsletter and the sign in front of the City Hall. Mrs. Bruner- Brooker mentioned the city website and said that it is very outdated. Asked about JCSi and why the city stopped using them. She said that she thinks that the website should be made a priority. Mayor Larson explained that the website is under construction and he expects to have it up and running at the first of the year. 2. Kathi McCormick, 220 South River Rd. – questioned the 5-year plan. She said that this plan projects that the City of Munroe Falls will have a full time Mayor, by 2008, at more than twice the wages earned now for a part time Mayor. She questions whether the City needs a full time Mayor.

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RECORD OF PROCEEDINGS CITY OF MUNROE FALLS REGULAR COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2004 AT 8:00 P.M. Mayor Larson explained that this is a working document, nothing is set in stone. He explained that to do this job right it needs to be a full time position, no matter who holds the office. Mrs. McCormick then asked the Mayor how many hours he works per week. Mayor Larson said that he puts in 50-60 hours per week. 3. John Wellfley, 448 Hiwood Ave. – asked for the status of the flooding/drainage issue.

The Mayor said that easements have been located and Spagnuolo and Associates have given a cost estimate. At this time, we are waiting for a Service Director to be chosen to start the project. He also explained that Stow is going to ditch on Echo Road and Maple Road. Mr. Wellfley asked about the RV ordinance. Mayor Larson said that the RV issue will be discussed at the Community Development Committee meeting on Thursday, November 18th. 4. Gregg Bartholomew, 121 Pinehurst Rd. – asked about the Dam Modification Project. He said that hopes that all elected officials will stick together and secure the bond to protect the city. He also brought up a loan that the city has that is charging 13% interest and requires the first balloon payment to be paid in 2005. He asked if we are prepared to make that payment. He also mentioned the banner project. He asked if anyone has contacted Ohio Edison to get permission to hang banners on their poles. Mrs. Laubaugh explained that the banner program is being handled by the Park Board. She suggested that Mr. Bartholomew contact Rudy Herter, Park Board Chairman. Mr. Bartholomew mentioned that the wards issue was voted down. He thinks that was a serious mistake for the community. Said that the purpose of wards is to get representation for the residents. He also said that he agrees with Mrs. Brooker about the bickering at Council meetings. He said that the constant fighting will stop because he has met with Gary Hagan of the Summit County Board of Elections. While at that meeting, he got the petition forms to recall elected officials. He said that the next time there is condescending attitudes or name calling at a Council meeting, he is going to file recall papers. He said that the city cannot survive with this constant animosity. Mr. Bailey explained exactly what 13% loan Mr. Bartholomew was speaking of. He said that it is Series A, Series B and Capital Appreciation Bond. The loan is to be paid back in three yearly installments of $200,000 each beginning in 2012. He explained that we should start setting aside money to make the first payment. He said that there is no amortization schedule for this loan, although none are required. Mrs. Cingle asked Mr. Bartholomew how he knew about this loan. He said that it is public record. Mrs. Cingle disagreed and said that the information does not become public record until the audit is filed with the State of Ohio. Dave Bailey said that the audit was filed over a week ago, but reminded Mrs. Cingle that the bond records are over two years old. Mr. Bartholomew broke in and said that the residents have the right to know about this loan because they are going to be paying for it. Mrs. Cingle said that there is a bond levy that should be paying for this loan. Mr. Mills commented on the remarks made about the Dam Modification Project. He explained that the City has been waiting for D.O.E.S. because the project belongs to them. He said that the city is not the one holding up the project. Mr. Bartholomew said that he doesn’t want to see Munroe

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RECORD OF PROCEEDINGS CITY OF MUNROE FALLS REGULAR COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2004 AT 8:00 P.M. Falls left with all the liability. Mr. Mills mentioned the Kent dam project and how nice it is. He encouraged residents to check out that project. REPORTS OF OFFICIALS Mayor's Report: 1. The Mayor attended Veterans Day festivities at Stow Glen Retirement Village. He thanked all veterans and current servicemen for their dedication to our country. 2. Gave status of the water tower problem. Quotes have been received and are being looked at. No competitive bidding was done because this water leak is an emergency issue. 3. There was a small fire on one of the leaf machines. Damage is small and no one was injured. 4. Reported that a cluster home development is being planned on 47 acres behind Kimpton and going to Route 59 in Stow. He said that the Stow Planning Commission did not approve the plan, so it is being reworked. Mayor explained that the areas of concern for Munroe Falls are stormwater run off and sanitary sewer. He said that the developer does not want to run a new sanitary line because it is not cost effective. Instead, they plan to tie in to the sanitary lines at Charring Cross Drive. Mrs. Cingle asked about if there is going to be a Planning Commission workshop prior to the December 2nd dam meeting. Mayor Larson said that no workshop is planned. Mr. Bertsch asked the Mayor if he has received any feedback on the newsletter. Mayor Larson said that there were a few typos, but everyone seemed happy with the new newsletter. Mr. Schneider asked about the Service Director position and if that vacancy would be advertised. Mayor Larson said that he would present another candidate at the next General Government Services Committee meeting. Discussion of sewer rates and ad-hoc committee volunteers. Mr. Schneider said that he had received no calls of interest. Mayor Larson said that he has two names of residents interested. Gregg Bartholomew volunteered from the audience. Mrs. Cingle asked how many people would be on this committee. Mr. Schneider said that he expects a couple of council members and a few residents from each of the north and south sides of the city. Law Director: 1. Litigation is pending before the Ohio Supreme Court regarding the water diversion case. 2. Continue to work on getting Exxon to clean up the Bank One property. 3. Working on eminent domain for Damon Drive. Mr. Bertsch presented a memo to the Law Director regarding issues he had with Mrs. Case. The memo listed three complaints and asked Mr. Morrison to look into these actions. He also explained that he would attend Park Board meetings as a resident as long as the banner project is on the agenda. Mrs. Cingle said that Mr. Bertsch was out of line after the stunt he pulled at the last Executive Session. Mrs. Case said that all residents are welcome to any Park Board meeting. President of Council: 1. Mrs. Case spoke of the donation of the historical Kline house to the city. She said that she would like to have a meeting regarding the moving and placement of the house before anything is done. Mayor Larson said that his understanding is that time of is the essence on this project. He 3

RECORD OF PROCEEDINGS CITY OF MUNROE FALLS REGULAR COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2004 AT 8:00 P.M. explained the idea of a community room in the new basement. Mrs. Case said that everyone should talk and form a consensus. She said that she would like to include the Planning Commission, the Administration and the City Council. She suggested meeting after the first of the year. Director of Finance: 1. The State Audit Report is available for review at the City Hall. Service Director: Due to the absence of a Service Director, there was no official report. Mrs. Case asked if there is a street repair schedule for this year. Mayor Larson said no. Police Chief: 1. Written report turned in. Fire Chief: 1. Written report turned in. 2. EMS billing and incident reports turned in. 3. Communications grant is being looked into. 4. Dept. doing fire safety programs in community. 5. Certifications for staff are complete. REPORTS OF COMMITTEES Community Development: 1. Reported on events at Planning Commission meeting: a. Tabled the Dam Modification Project application until the December meeting. City officials will be attending a meeting at the Summit County Executive offices on December 2nd. No decisions will be made until after that meeting. b. CABO draft ordinance passed. That proposed ordinance will now be forwarded to Council. c. Discussed the registration of building contractors. Further discussion at the next meeting. d. Current status of Falls River Crossing development was discussed. The Building Inspector is requiring the builder to repair and reinforce decks in Phase II. There are several other issues being worked on as well. e. River Ridge Condominiums were discussed. The required punch list work is about half complete. f. The issue of the shooting range was discussed. Complaints of the noise have trickled down to Mr. Kilgore because he lives near the river. 2. The Community Development meeting regularly scheduled for November 11th has been changed to November 18th due to the Veterans Day holiday. 3. Mr. Mills reported on his visit to view the Kent Dam Modification Project. He said that it is really nice and encouraged residents to go out there and see it for themselves. Finance/Audit: 1. Discussed Proposed Ordinance #2004-44 - amending appropriations. 2. Reviewed Proposed Ordinance #2004-45 - 2005 annual appropriations. 3. A check register dated November 9, 2004 was reviewed. 4

RECORD OF PROCEEDINGS CITY OF MUNROE FALLS REGULAR COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2004 AT 8:00 P.M. 4. Reviewed October 2004 bank statement. 5. Investments discussed. 6. Discussed General Fund revenues. 7. Reviewed a letter from the state auditors with constructive suggestions. 8. Discussed Munroe Falls Codified Ordinances §105 regarding competitive bidding for materials and supplies of contract labor. Questioned Law Director about changing the contract amount requirement to a lower amount than the current $20,000.00. 9. Suggested and discussed setting a policy regarding administration/Council communications. Mr. Morrison asked for the status of the hospitalization renewal. Mr. Bailey said that he is currently looking at those figures and will have a recommendation at the next meeting. Mr. Bertsch mentioned the deep discount bond and said that he never knew this existed until about a month ago. He asked if everyone on Council knew about this bond. Mrs. Cingle said that she thought there was an amortization schedule for this. It was her understanding that what is discussed at the audit exit meeting is confidential until the audit is filed with the State of Ohio. Mrs. Case said that tonight is the first time she has heard of this bond. Mrs. Laubaugh and Mr. Mills agreed. Mr. Bertsch asked Mr. Bailey for an idea of the best way for the City to pay for this bond. The Finance Director spoke of the levy fund and said that we still should put about $60,000.00 in savings. He said that he would like to study the numbers before quoting any hard figures. Mrs. Cingle explained that the bond covered many things including the Safety Building, Service Department and the sewer project. She said that the money to pay back this loan can come from many sources. Mr. Bailey agreed and explained that all sources would be considered, but this loan cannot be refinanced.  Mrs. Cingle made a motion to authorize the Director of Finance to pay the bills as reviewed in check register dated November 9, 2004. Mr. McLaughlin seconded the motion. Mrs. Laubaugh – yes Mr. Schneider – yes Mr. McLaughlin – yes Mrs. Cingle – yes

Roll call: Mr. Bertsch – yes Mr. Mills – yes Mrs. Case – yes The motion passed. 

Mrs. Cingle made a motion to approve the October 2004 bank statements. Mr. McLaughlin seconded the motion. Mr. McLaughlin – yes Mrs. Cingle – yes Mr. Mills – yes Mr. Bertsch - yes

Roll Call: Mrs. Laubaugh - yes Mr. Schneider – yes Mrs. Case – yes The motion passed.

General Government Services: 1. This committee has not met since the last Council meeting.

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RECORD OF PROCEEDINGS CITY OF MUNROE FALLS REGULAR COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2004 AT 8:00 P.M. 2. The following residents have volunteered to be on the Ad-hoc Committee to discuss sewer rates, although additional volunteers are still needed: Cathy or Lou Tracassio Gregg Bartholomew Jim Kruse Mrs. Case mentioned the draft ordinance for the public records request policy. That issue will be further discussed at the next meeting. Another subject for further discussion is trash service. Public Safety: 1. Reviewed Fire, EMS, and Police reports. 2. Committee has received no quotes for services yet. Discussion tabled. 3. Shooting range schedule discussed. The range is used 34 or 35 days per year. Chief Stahl is working on a way to communicate the schedule to residents. The possibility of using the Sheriff Department range is out of the question because the cost is $800 per day. Economic Development: 1. Discussed the carriage house next to the railroad tracks. Mrs. Laubaugh asked for cost quotes for both razing the building and making the needed repairs. Mayor said that it would cost between $5200 and $5600.00 for a new flat roof. The Building Inspector says that with a new roof the building would be in pretty good shape. He explained that we need to get a engineer to look at the floor structure. The basement has a water leak, but we are not using the basement anyway. The Mayor said that if we are going to keep the building then we need to make the repairs. Mrs. Laubaugh voiced her concerns that replacing the roof is just the tip of the iceberg. She said that making repairs for storage is cost prohibitive. Parks & Recreation: Mrs. Case read the Park Board report. 1. Banner project status - quotes from other vendors are being developed for the banner program. Approval from Ohio Edison has been received. 2. Park Board voted to no longer use a Council representative. 3. River Day 2005 was discussed as well as Community Day 2005 and the vintage baseball game. The Board hopes to move the baseball game to July. 4. Park Board is requesting $1,000.00 for next their 2005 budget. PROPOSED LEGISLATION Ordinances for 1st Reading: Prop Ord #2004-44 AN ORDINANCE AMENDING THE 2004 APPROPRIATION ORDINANCE #14-2004, AND DECLARING AN EMERGENCY.



Mr. McLaughlin made a motion to suspend the rules and omit all further readings of Proposed Ordinance #2004-44. Mrs. Cingle seconded the motion.

A voice vote was taken and the motion passed unanimously.  Mr. McLaughlin made a motion to adopt Proposed Ordinance #2004-44. Mrs. Cingle seconded the motion.

Roll call: 6

RECORD OF PROCEEDINGS CITY OF MUNROE FALLS REGULAR COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2004 AT 8:00 P.M. Mr. Mills – yes yes Mr. Bertsch – yes Mrs. Case - yes Mr. Schneider – yes Mrs. Laubaugh – yes Mrs. Cingle – Mr. McLaughlin – yes

The ordinance was adopted and assigned permanent number #43-2004. Prop Ord #2004-45 AN ORDINANCE TO MAKE ANNUAL APPROPRIATIONS FOR THE CURRENT EXPENDITURES OF THE CITY OF MUNROE FALLS, STATE OF OHIO, DURING THE FISCAL PERIOD ENDING DECEMBER 31, 2005, AND DECLARING

This was a first reading only. Ordinances for 2nd Reading: None Ordinances for 3rd Reading: None Ordinances Taking Time: Prop Ord #2004-40 AN ORDINANCE AMENDING SECTIONS 1161.02, 1175.02, 1175.03, 1175.04, 1175.06, 1175.08, 1175.11, 1329.15, 1329.16, 1329.23 AND 1329.28, IN THE ZONING CODE AND BUILDING CODE OF THE CITY OF MUNROE FALLS, AND DECLARING AN EMERGENCY. Prop Ord #2004-42 AN ORDINANCE AMENDING SECTION 1143.07 OF THE PLANNING AND ZONING CODE IN THE CODIFIED ORDINANCES OF THE CITY OF MUNROE FRALLS TO REMOVE THE RESTRICTION ON THE PARKING OF RECREATIONAL VEHICLES IN ALL RESIDENTIAL DISTRICTS, AND DECLARING AN EMERGENCY.

Resolutions for 1st Reading: None Resolutions for 2nd Reading: None Resolutions for 3rd Reading: None Old Business: None New Business: None Adjournment:  Mrs. Cingle moved to adjourn the meeting. Mr. McLaughlin seconded the motion.

A voice vote was taken and the meeting was adjourned at 9:39 p.m.

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RECORD OF PROCEEDINGS CITY OF MUNROE FALLS REGULAR COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2004 AT 8:00 P.M. President of Council Deputy Clerk of Council

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