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					Minutes 01/08/2008 Page 2

City of Olmsted Falls
Minutes of a Regular Council Meeting
Tuesday, January 8, 2008, at Olmsted Falls City Hall 26100 Bagley Road - Council Chambers, 7:30 p.m.
The Pledge of Allegiance was recited. Mayor Blomquist called the meeting to order at 7:30 p.m. Roll call was conducted. Councilmen Ann Marie Donegan, Kathleen Fenderbosch, Linda Garrity, Charles McManus, Colleen Majeski, Michael Taylor and Garry Thompson were present. Also in attendance: Paul Murphy, Law Director; Rosann Jones, Economic Development Director; Kim Sperling, Finance Director and Stan Wares, Service Director. Audience: 10.

Approval of Minutes:
Mr. Thompson moved to approve the minutes from the Regular Council Meeting of December 27, 2007; Ms. Fenderbosch seconded. Poll: 2 ayes, 0 nays (Donegan, Garrity, Majeski, McManus and Taylor abstained). Mayor Blomquist noted four of the abstentions were by members who were not on Council at that meeting. Since it will no longer be possible to approve the minutes by majority vote, four members of Council having since left office, and considering both Council members who were present voted to approve the minutes, the minutes will be noted as being approved as written. Ms. Donegan moved to approve the minutes from the Organizational Meeting of Council of January 2, 2008; Mr. Taylor seconded. Mr. Taylor noted a revision on Page 1. Poll: 7 ayes, 0 nays. Motion carried.

Consideration of Amendment to Agenda
Mr. Thompson moved to hear Communication from Residents prior to the Mayor’s Report; Mr. Taylor seconded. Poll: 7 ayes, 0 nays. Motion carried.

Communication from Residents
Charlie McNeeley, of 9807 Sugarbush Circle, stated that he has been an Olmsted Falls resident for 15 years. He is a thrice-published author, member of American Mensa and an advocate for ethical government. He has always voted in favor of levies and tax increases to maintain quality City services. He stated that the proposed appointment of Kathi Lowery to the position of Director of Senior Citizens seemed like cronyism. Ms. Lowery was voted out of office; there is no clearer message in local government than an incumbent being voted out of office after one term. It appears she is being rewarded with a paying job crafted for her. Doris Vanyo, of 7826 Brookside Drive, stated she has been a resident of the area for roughly 25 years. She was under the impression that Kathi Lowery was in charge of the Senior Citizen division while she was a Council member. During the election campaign, Ms. Vanyo stated she went to a

Minutes 01/08/2008 Page 3 “meet the candidates” night, during which Ms. Lowery commented that she had $1 lunch program for senior citizens at the Jenkins Center. Her senior citizen friends had never heard of the program. She would like to know more about that program, and why someone should be hired to carry out the duties that she had carried out while on Council. Mayor Blomquist stated that he would respond to those comments and the merit of the appointment when it comes up.

Mayor’s Report and Appointments:
Mr. Thompson moved to approve the reappointment of Ken Sumwalt for a 5-year term to Park & Recreation Board to expire 12/31/12; Ms. Fenderbosch seconded. Poll: 7 ayes, 0 nays. Motion carried. Mr. McManus moved to approve the reappointment of Kenneth Gill for a 5-year term to Shade Tree Commission to expire 12/31/12; Ms. Fenderbosch seconded. Poll: 7 ayes, 0 nays. Motion carried. Mr. Thompson moved to approve the reappointment of Martin J. Manuel for a 3-year term to ABR to expire 12/31/10; Ms. Fenderbosch seconded. Poll: 7 ayes, 0 nays. Motion carried. Mr. McManus moved to approve the reappointment of Janet Tomasch for a 3-year term to ABR to expire 12/31/10; Ms. Majeski seconded. Ms. Donegan asked if Ms. Tomasch was living out of state or in town. Mayor Blomquist stated that Ms. Tomasch’s husband maintains a dual-residence in St. Louis and Olmsted Falls. Ms. Tomasch lives in town the majority of the year. Ms. Donegan recalled that when her last appointment came up three years ago there was some issue regarding if she primarily lived in Olmsted Falls. She asked if there are any scheduling issues for ABR as a result of her being out of town. Marilyn Sparks, the chairman of ABR, was in attendance and stated that Ms. Tomasch has missed two meetings during her last term. Poll: 7 ayes, 0 nays. Motion carried. Mr. Thompson moved to approve the reappointment of Bill Eichenberg for a 5-year term to Planning Commission to expire 12/31/12; Ms. Fenderbosch seconded. Poll: 7 ayes, 0 nays. Motion carried. Ms. Fenderbosch moved to approve the appointment of Kathi Lowery (9531 Glencairn Lane) to Senior Citizen Director; Mr. Thompson seconded. Mayor Blomquist stated that Carol Jones resigned from the position of Director of Senior Citizens in December 2007. She had held the position since 1992. Mayor Blomquist stated that the position has been in place for years and was not created for Ms. Lowery. Ms. Lowery has attracted a group of 20 to 25 senior citizens for the dollar-lunch program. The program will be mentioned in the next City newsletter so all senior citizens may participate. Ms. Lowery worked diligently to organize a Jenkins Center cleaning on a donation basis. She truly cares about senior citizens and she is bringing energy to the position. The pay is nominal.

Minutes 01/08/2008 Page 4 Ms. Fenderbosch stated that all of Ms. Lowery’s work for seniors was on a volunteer-basis. She brings great enthusiasm with her to this position. Mr. Taylor stated that he has two issues with the appointment. With a tax levy issue upcoming, he felt the City should save money wherever it can. He had concerns with expenditures outlined in Ms. Lowery’s preliminary senior citizen plan. He volunteered his time to make the necessary phone calls and actions to carry out these duties. He continued to state that if Ms. Lowery’s appointment is approved, there should be a 30-day report to Council each month so it can advise seniors as to current events. Mayor Blomquist appreciated Mr. Taylor’s offer to volunteer. He did not know if Mr. Taylor could identify senior programming in the community, sponsored by the government. He continued to state that Ms. Lowery would rejuvenate the program. No money has been budgeted for senior citizens in the past, other than the Director’s nominal compensation. Although Ms. Lowery has outlined potential expenditures in her profile to Council, no program would be funded without Council’s approval. The Director’s compensation will not make or break a tax issue. Ms. Fenderbosch reiterated that this fills a vacant position; a position is not being created. There is no defined program right now. Ms. Lowery would outline a defined program. Ms. Majeski asked if the Mayor considered anyone else for the position. Mayor Blomquist stated that Ms. Lowery was the first person he asked to fill the vacancy following Ms. Jones’ resignation. He feels she will go above and beyond the call of duty. Mr. McManus stated that Olmsted Falls did not rank well in services for seniors. He did not see favoritism. Ms. Lowery has taken the time and effort to clean City space and insert herself into a service atmosphere for the minimal compensation offered. He saw the City utilizing enthusiasm to rejuvenate the program. Ms. Garrity stated that she understood improving services to senior citizens is important. It has been lacking. Passion to work with the elderly ranks highly. Mayor Blomquist stated that he felt she would find that in Ms. Lowery. Ms. Donegan stated that Mr. Taylor and Ms. Majeski do not view services to senior citizens as unimportant, but she felt saving the funds, as nominal as it sounds, adds up. Additional police officers have not been hired. The Fire Department is understaffed and the Service Department has suffered. Given where the City is financially, with a levy issue upcoming, her priorities were different at this time. Ms. Fenderbosch stated that senior citizens pay taxes and they should get something from those taxes. Poll: 4 ayes, 3 nays (Donegan, Majeski, Taylor). Motion carried.

Minutes 01/08/2008 Page 5 Mr. Thompson moved to approve the appointment of Beverly Smith (8346 Lewis Road) to Special Projects Manager; Mr. McManus seconded for the purposes of discussion. Mayor Blomquist stated that whether you are opposed to or aligned with Ms. Smith politically, she possesses a tremendous amount of knowledge, energy and dedication. Her skills and organization would be beneficial to the City, with several projects upcoming. Mr. McManus asked if there was a job description for Special Projects Manager that was more succinct as to the duties, requirements and responsibilities. Mayor Blomquist stated that there was not. Mr. McManus mentioned a line that stated, “negotiate, review, and inspect performance on all service contracts with the City.” He asked if that means this position will negotiate new trash disposal contracts or other contracts? Mr. McManus was concerned with “all” in that description. Mayor Blomquist stated that the position would not negotiate the trash disposal contract. Minor contracts such as cell phones come up that do not come to the attention of Council or a committee. He would like someone to conduct comparisons and work with the Finance Director on contracts such as those. He expected the trash disposal to go through the Utilities Committee, as it has historically. Mr. McManus asked if Special Projects Manager comes up with a questionable item, will that person negotiate the questionable item without Council’s knowledge? The language is not definitive. Mayor Blomquist welcomed Council’s suggestions to make the language clearer. Mr. Thompson asked if the ordinance should be approved first, establishing the position, before the position is filled. The duties could be outlined. Ms. Donegan stated that Ken Knuth formerly held the position of Special Projects Manager. She asked who has been performing those duties since he left in 2003. Mayor Blomquist stated that he has. She asked what has changed to make him unable to perform those duties. She also asked why the position’s compensation is proposed to change from $33,000 to the current figure, which is much lower. Mayor Blomquist stated that the hours will be reduced to at least 10 per week. The City will be out to bid for the railroad project for the underpass. Under the LPA agreement, the City must designate a representative, and it cannot be the Mayor. He would like the Special Projects Manager to be the designee. The Quiet Zone project is progressing, too. There is a lot of work with complex issues coming up in the near future. Mayor Blomquist asked the motions be withdrawn and for Council to work with him on the language. Ms. Majeski asked how many hours per week Mr. Knuth worked. Mayor Blomquist stated that he worked 30-35 hours per week. Ms. Donegan stated that she was against moving forward with this position. Mr. McManus stated that money could be saved as a result of such oversight. He liked the concept but did not like the language as currently stated.

Minutes 01/08/2008 Page 6 Ms. Fenderbosch stated that Council has considered a personal secretary for the Mayor in the past. He has also taken on the Safety Director position as well. With all the projects coming up, the time has come to provide him help. Mr. Thompson and Mr. McManus withdrew their motions. Continuing the Mayor’s Report, Mayor Blomquist would like members of Council to meet with department heads on either January 16 or January 23. At 9:00 a.m. on February 1, 2008, the City will host a meeting with Cleveland Hopkins Airport and suburban communities surrounding it. He asked Council to approve a requisition not to exceed $50 for refreshments at said meeting. There are generally 15 to 20 people in attendance at such meetings. Mr. Thompson moved to approve a requisition not to exceed $50 for refreshments at said meeting; Mr. Taylor seconded. Poll: 7 ayes, 0 nays. Motion carried. Mayor Blomquist stated that the Northeast Ohio City Council Association (NOCCA) had recently sent membership dues information. As an incentive, cities that pay their dues prior to February 21 will be invited at no cost to the annual meeting, at which Ohio Lt. Governor Lee Fisher will be speaking. Ms. Donegan moved to approve $400 for membership dues to the Northeast Ohio City Council Association; Mr. Thompson seconded. Mr. Thompson stated that he had attended several NOCCA functions and they have been good for meeting people from other municipalities and exchanging ideas. Poll: 7 ayes, 0 nays. Motion carried. Mr. Taylor moved to authorize the City to provide services to the Olmsted Falls Early Childhood PTA for the purposes of Safety Town 2008; Ms. Majeski seconded. Poll: 7 ayes, 0 nays. Motion carried.

Approval of Bills
Mr. Thompson moved to approve Pay Ordinance 2008–01; Mr. McManus seconded. Ms. Donegan asked whom she would ask if she had questions about a specific item. Mayor Blomquist stated that Ms. Sperling could be asked about financial items. Poll: 7 ayes, 0 nays. Motion carried.

Minutes 01/08/2008 Page 7

Officials Reports
Kim Sperling, Finance Director: Ms. Sperling stated that 2007 should be closed out by the end of the week. Reports will be in the next Council packets. Account codes were included in the packets this week. She asked Council to approve 2008 blanket requisitions for Police, Fire, Finance and Administration. These are anticipated costs. Mr. Taylor moved to approve blanket requisitions for the Police Department; Mr. Thompson seconded. Ms. Majeski stated that she would like the Finance Committee to take a look at the requisitions. Poll: 5 ayes, 2 nays (Donegan, Majeski). Motion carried. Ms. Fenderbosch moved to approve blanket requisitions for the Fire Department; Mr. Thompson seconded. Poll: 5 ayes, 2 nays (Donegan, Majeski). Motion carried. Mr. McManus moved to approve blanket requisitions for the Service Department; Ms. Fenderbosch seconded. Poll: 5 ayes, 2 nays (Donegan, Majeski). Motion carried. Ms. Fenderbosch moved to approve blanket requisitions for the Building Department; Mr. Thompson seconded. Poll: 5 ayes, 2 nays (Donegan, Majeski). Motion carried. Mr. Thompson moved to approve blanket requisitions for the Administration; Ms. Fenderbosch seconded. Poll: 5 ayes, 2 nays (Donegan, Majeski). Motion carried. Ms. Sperling has been preparing a budget for each department. She asked if Council wanted her to present it to the Finance Committee or during a Council Work Session. Mr. Thompson recommended a Work Session. She preferred early February. Stan Wares, Service Director: Mr. Wares had one requisition for the purchase of 500 tons of salt from Morton Salt in the amount of $18,180. Mr. Thompson moved to approve the requisition; Ms. Fenderbosch seconded. Mr. Taylor asked if that is half of the year’s supply. Mr. Wares stated that the City has an agreement with Morton Salt to purchase up to a certain amount. This is the amount used. Poll: 7 ayes, 0 nays. Motion carried. Rosann Jones, Economic Development Director: Ms. Jones stated that she will turn in a budget to the Finance Director. She urged Council to consult her about plans she has for 2008. Councilman Charles McManus, Ward IV: No report.

Minutes 01/08/2008 Page 8 Councilman Michael Taylor, Council-at-Large: Mr. Taylor thanked the voters who elected him to the position. He looks forward to learning from all of his colleagues to make Olmsted Falls an even better place to live. Economic development is key, as is the importance of quality police, fire and recreational activities. He thanked everyone for the opportunity and looked forward to the next two years. Councilman Colleen Majeski, Ward II: Ms. Majeski stated that complaints had been received regarding the sewer project on Lindbergh and Westlawn. Mr. Schaller handled them by phone with residents. Most have been taken care of. A letter with contact information had been sent to residents as well. Councilman Linda Garrity, Ward III: Ms. Garrity thanked the voters and stated that she was looking forward to the next two years. Councilman Kathleen Fenderbosch, Ward I: Ms. Fenderbosch stated that on the wall of Applebee’s there is a spot for Police and Fire Department. There was a photograph of Olmsted Falls’ Chief of Police Dan Gilles, and Don Wilmink. Councilman Ann Marie Donegan, Council Pro-Tempore: No report. Councilman Garry Thompson, Council President: Mr. Thompson stated that committee assignments will be completed at a Work Session, if this meeting runs long. Council agreed to hold a Work Session on Thursday, January 17, at 7:00 p.m. The bylaws will be reviewed, as well as newsletter dates and business cards. He thanked Council for their confidence in him and he will continue to work hard. Paul Murphy, Law Director: No report.

Old Business:
None.

New Business:
Resolution 1-2008 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A RELOCATION AGREEMENT WITH QWEST COMMUNICATIONS CORPORATION TO COORDINATE THE RELOCATION OF COMMUNICATION FACILITIES IN CONNECTION WITH THE COLUMBIA ROAD GRADE SEPARATION PROJECT AND DECLARING AN EMERGENCY. First Reading.

Minutes 01/08/2008 Page 9 Ordinance 2-2008 AN ORDINANCE ESTABLISHING THE RATE OF COMPENSATION FOR THE SERVICE SUPERVISOR OF THE SERVICE DEPARTMENT FOR THE CITY OF OLMSTED FALLS, OHIO, AND REPEALING ALL LEGISLATION INCONSISTENT HEREWITH. First Reading. Mr. Thompson moved to suspend; Ms. Fenderbosch seconded. Mayor Blomquist stated that an ordinance passed as 92-2007 was inadvertently passed without the intended 3% raise. Poll: 7 ayes, 0 nays. Motion carried. Mr. Thompson moved to adopt; Ms. Fenderbosch seconded. Poll: 7 ayes, 0 nays. Motion carried. Ordinance 3-2008 AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE SPECIAL PROJECTS MANAGER. First Reading.

Miscellaneous New Business:
Mayor Blomquist stated that there is a possible appeal of Architectural Board of Review (ABR) decision regarding demolition of residence listed on National Register. Mr. Murphy prepared a synopsis and it was distributed to Council. Mr. Murphy stated that a situation has arisen which has highlighted certain ambiguities in the various Codified Ordinances dealing with the powers and duties of the City’s ABR. His review of the situation indicates that certain Ordinances are in conflict, and create confusion for applicants to the ABR as well as to the ABR itself. Consequently, he recommended the legislative committee review the various sections of the Codified Ordinances to make changes as determined by Council. Council should schedule a hearing to consider Mr. Tomasch’s appeal. Mayor Blomquist distributed copies of Mr. Tomasch’s letter of appeal. He asked Council to consider possible solutions to this matter. Mr. Thompson moved to accept Mr. Tomasch’s letter, dated January 4, 2008, as proper notification of an appeal; Ms. Donegan seconded. Poll: 7 ayes, 0 nays. Motion carried. Marilyn Sparks, of 7634 River Road, Chairman of ABR, distributed the Board’s reasoning behind its denial of Mr. Tomasch’s request. The issues are complex, and to be fair to the applicant and City the matter must be sorted out as soon as possible. The Board felt it was clear, based on the Codified Ordinances, that its decision was correct. $5.1 million in airport soundproofing has taken place in Olmsted Falls due to the Historic District designation. The district must be maintained. An epidemic of teardowns has been ongoing in the country.

Minutes 01/08/2008 Page 10 Ms. Majeski asked if there are reasons such as aesthetics or lack of living space for the teardown. Ms. Sparks stated that the Board approved a teardown of a historic property on Columbia Road. It had been abandoned and was beyond repair. Mr. Tomasch’s house is in good shape. Mr. Taylor asked if the $5.1 million in soundproofing was spent in the Historic District in Olmsted Falls. Ms. Sparks stated that all of the money had been spent in Olmsted Falls, with the vast majority spent in the Historic District. Mayor Blomquist stated that he was not sure if the City could legally prevent demolition on such a property at the owner’s request under the code. The code should be strengthened so these circumstances do not occur. The applicant, Seth Tomasch, of 7519 River Road, was present and was asked to speak. Mr. Tomasch stated that a lot of time and equity has gone into his home. His family has outgrown the home, but they love where they live. It is cost-prohibitive to update the house to add space and other features. He stated he would appeal Section 1444 and asked Mr. Murphy where Section 1262 falls into the appeals process. Mr. Murphy stated that Council will make its decision based on a new proposal, not the information submitted to ABR. 1262.10 states that in case of appeal for a demolition, the ABR can only find for approval or delayed approval. The certificate of approval is not mentioned in 1262. ABR denied the certificate. He can make an argument under 1262 if he chooses. Mr. Thompson moved to adjourn; Ms. Fenderbosch seconded. Motion carried. The meeting was adjourned at 9:25 p.m.

____________________________ Robert Blomquist, Mayor

____________________________ Brent Charnigo, Clerk of Council


				
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