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					                        CITY OF BAY VILLAGE
Council Minutes, Regular Meeting                                      April 2, 2007
Council Chambers, 8:00 p.m.

Brian C. Cruse, President of Council, presiding

Present:       Barbour, Cruse, Koomar, Scott, Young, Zimmerman, Mayor Sutherland

Absent:        Scott Pohlkamp

Others         Finance Director Presley, Law Director Ebert, Service Director Sears,
Present:       Fire Chief Sammon, Community Services Director Bock, Building
               Director Doug Milburn, Recreation Director Enovitch, Operations
               Manager Don Landers

Council and members of the administration had assembled at 7:30 p.m. in the Conference
Room to review agenda items; this was open to the public.

During the review, Mr. Young stated that he will make a motion this evening to
acknowledge the deed recording of the specific location of the landfill in Cahoon
Memorial Park. He advised that this deed was recorded by Mr. Ebert so that there would
be a permanent filing record and in the event of future building plans the exact site of the
landfill would be available.

Mrs. Jerrie Barnett asked for an explanation of the deed recording of the specific location
of the landfill in Cahoon Memorial Park. Mr. Young offered an explanation to Mrs.
Barnett noting that there is now a legal document defining the location as opposed to
trying to determine the location without that deed. The police station is built on a portion
of the former site of the landfill and was discovered when construction began. There is
litigation pending concerning that portion.

Mr. Young also acknowledged receipt of a letter from resident Sue Fink stating that at the
Recreation and Parks Improvement Committee the possible location of the Bay Skate and
Bike Park was acted upon by vote. Mrs. Fink notes that the Planning Commission
minutes of February 27, 2007 indicate that a couple of the members of the Planning
Commission had commented on that location of the Bay Skate and Bike Park. The issue
will still be discussed as an agenda item by the Planning Commission for a vote at a later
date.

Motion by Koomar to convene to Executive Session to discuss personnel. Roll Call
Vote: Yeas – Barbour, Cruse, Koomar, Scott, Young, Zimmerman. Nays – None.
Motion carried 6-0.

President of Council Brian Cruse called the regular meeting of Council to order at 8:00
p.m. in the Council Chambers with the Pledge of Allegiance and roll call. Mr. Cruse
Minutes of Bay Village City Council        2
Regular Meeting held April 2, 2007

called for a reading of the minutes of the special meeting of Bay Village City Council
held March 26, 2007. MOTION by Koomar, to dispense with the reading and accept the
minutes as prepared and distributed. Motion carried 6-0. Mr. Cruse called for a reading
of the minutes of the Cahoon Memorial Park Trustees meeting held March 26, 2007.
MOTION by Koomar, to dispense with the reading and accept the minutes as prepared
and distributed. Motion carried 7-0.

ANNOUNCEMENTS

Mayor Sutherland announced the reappointment of Diane Pavan to the Community
Services Advisory Board for a three-year term expiring June 30, 2009.

Mayor Sutherland announced the appointment of Victoria M. Stavlas, LPPC, LSW, to the
Community Services Advisory Board to fill the unexpired term of Barbara J. Quinn ending
June 30, 2008.

REPORTS

Mayor Sutherland had no further report this evening.

Law Director Ebert reported of a meeting recently with Congressman Dennis Kucinich,
Mayors, and Law Directors of the west shore communities regarding the effect, if any, on
the agreement that the west shore communities entered into with Norfolk and Southern
during the CSX merger. Mr. Ebert has written to Mr. Bruno Maestri, Vice President of
Government Relations, Norfolk Southern Corporation, who was one of the authors of the
agreement executed by David Goodie, the then Chairman and Chief Executive Officer of
Norfolk and Southern. Mr. Ebert is waiting for Mr. Maestri’s response to make sure that
any future endeavors of commuter rail to the west shore would not affect the agreement
and that the agreement would be left in tact and standing in the future.

Finance Director Presley had no report this evening.

Service Director Sears had no report this evening.

Recreation Director Enovitch had no report this evening.

Building Director Milburn had no report this evening.

Community Services Director Bock had no report this evening.

Fire Chief Sammon had no report this evening.

COMMUNICATIONS

Letter from Jeanette McGovern, Chair of the Bay Village Planning Commission dated
March 28, 2007, requesting an extension of sixty days, from April 10, 2007 to June 9,
Minutes of Bay Village City Council          3
Regular Meeting held April 2, 2007

2007 for review of the application of the Bay Village City Schools for the installation of a
storage shed at the Bay Middle School.

Mr. Sears has provided a copy of the Rocky River Waste Water Treatment Plant 2006
Annual Sanitary Sewer Overflow Report to be kept on file for public review.

AUDIENCE

The following signed in this evening: Jerrie Barnett, Dave Tadych, Gerry Schreibman,
Alex and Karen Dade, Ethel Hansen, Pat Mayer, Nancy Brown, Jim Heck, Eric Eakin,
Jeff Gallatin.

Nancy Brown addressed the Council stating that she is a resident of Bay Village who also
owns and operates a company in the city. Ms. Brown stated that it has been brought to
her attention that the city has recently changed a number of positions from full time to
part time effective in July. Ms. Brown would like to know what the procedures were in
putting this into place, and the criteria to make this reduction. Ms. Brown would also like
to know the discussion of impact on safety in the city.

Mayor Sutherland stated that in looking at the budget it was apparent that the city needed
to tighten up their operation. The Mayor added that they are always looking at ways in
which they can streamline. There were several positions looked at around the city. The
position referred to by Ms. Brown is the Animal Control Officer, associated with the
Police Department. That position will be going to part time in July if that works out with
the officer’s timing. In talking with the Police Chief he was very supportive and does not
think it is going to create that big of an impact on the community. In looking at other
cities the size of Bay Village, many do not have an animal control officer or their animal
control officer is part time. That was the basis for the decision.

COMMITTEE OF THE WHOLE

Karen Goodson, Area Manager, The Illuminating Company, stated that she is present
this evening to address any issues concerning The Illuminating Company’s pad mount
inspections. The pad mounts are located in the yards of those who have an underground
service. The Public Utilities Commission comes in every year and inspects a certain
amount of equipment to be sure it is operating properly. It has been found during this
inspection that there are issues with the pad mount transformers and whether they can be
accessed easily or are impaired by the amount of landscaping that residents have been
putting around the pad mounts. The standard easement is 10 feet in front of the pad
mount and 3 feet on each side and back. Ms. Goodson noted the safety factor for
providing access to the service technicians who may have to get to the pad mounts during
a storm situation or in the middle of the night. Providing clear access is for the good of
the community and for The Illuminating Company to maintain their equipment. Ms.
Goodson asked for patience from the community, noting that the deadline stated on the
door hangers stating that the areas must be cleared by April 15, 2007 has been extended
to May 15, 2007.
Minutes of Bay Village City Council          4
Regular Meeting held April 2, 2007


Mr. Cruse displayed a door hanger notice and advised that the issue is primarily in the
areas of the city where the wires are buried and there are pad mount boxes. Many calls
were received last week from residents who were concerned that The Illuminating
Company would remove their shrubs on April 15, 2007. Ms. Goodson took the time this
evening to come out and explain the background of all of this and notify the residents of
the grant of the extension of time to clear the easement area.

Mr. Young asked how to determine the front of the pad mount and Ms. Goodson advised
that it depends on how the doors open. If it is not obvious The Illuminating Company
will have someone come out and mark the box.

Ms. Goodson explained that it may be necessary for the technicians to work the box when
it is still live. There may be three fuses inside for A, B, and C phases and possibly only
one fuse blew so the box is still active. The transformer is still active and the technician
has to use a hot stick, about 10’ long, which is why they need the 10’ clearance to be able
to work safely.

Mayor Sutherland asked if there is anyway a compromise could be reached as far as
guidelines given to residents advising them not to plant shrubbery that is in excess of 24”
tall to try to reduce the impact. Ms. Goodson stated that while they do not encourage it,
the only suggestion from the company is a removable fence that could be easily lifted up,
moved and then easily replaced. The Illuminating Company does not wish to be
responsible for having to replant anything that needs to be taken out.

Law Director Ebert stated that he received a notice and a number of calls from other
residents as well. He stated that after talking with Ms. Goodson he learned that it is a
policy that started in Strongsville. Ms. Goodson advised that it is being done throughout
The Illuminating Company territory from Ashtabula all the way to Lorain County. It is
also being done in other operating companies in Ohio. Ohio Edison and Toledo Edison
are doing the same inspections. Mr. Ebert stated that his concerns are two-fold. Children
find the boxes an attractive play toy for standing and jumping and after it is camouflaged
to a point to maintain shrubs it is not as visible for children running in the neighborhood.
Mr. Ebert stated that he understands the safety of the workers but is also concerned about
the safety of the children. The boxes have been in some locations for twenty to thirty
years and some of those boxes are rusted and in need of paint. He asked Ms. Goodson if
The Illuminating Company would be interested in going in and painting the boxes and
Ms. Goodson stated that she would work with the residents concerning that. Mr. Ebert
added that in many developments, including his own, these boxes went in close to the
sidewalk. The box will be exposed because the sidewalk is there and the box will be
exposed to the street and accessible to any children playing in the area. Mr. Ebert stated
he brought these concerns up with Ms. Goodson because he is as sensitive as everyone
else concerning this change of policy that is being enforced with a landscape company
that has been hired to actually do the notification and removal if it is not being done
voluntarily. Mr. Ebert continued that years ago the new cable pedestals and rocks were
put in and the company actually came in and landscaped around them. Those are
Minutes of Bay Village City Council          5
Regular Meeting held April 2, 2007

generally located in the same area and some of those landscapings were actually put in by
Comcast at that time when they were trying to hide the cable boxes.

Mr. Cruse stated that Karen Goodson, as our area representative of The Illuminating
Company, has been very good about trying to move through some of these issues with us
and giving the residents of the city the time to find the best solution and react
accordingly.

Ms. Goodson stated that there is a Crestview Substation which serves a great portion of
this area. The substation is located on Bradley Road and because of the large growth in
this area of town the substation is being upgraded with larger transformers and larger
wires with a target date of June 1. While this is being done, the existing transformers will
be taken out of service and mobile transformers will be brought in. This is scheduled to
take place on Monday, April 9. The mobile transformers will be slightly smaller, and
while there are no problems anticipated, Ms. Goodson asked that she be notified of any
issues.

Mayor Sutherland asked if this project, upon completion, will help with some of the
power outages that have occurred in the west end of town.

Ms. Goodson stated that this will absolutely help in that regard. She asked to be notified
if residents notice an unusual amount of light flickering and brown outs. The mobile
transformers will be up and running for seven to ten days until the equipment is
reconnected.

Ms. Goodson advised that she notified Ward 4 Councilman Michael Young that there is
an underground replacement project in Ward 4. Underground cable will be replaced in
an effort to improve reliability. Ms. Goodson asked to be notified of any problems that
may occur.

Mr. Cruse thanked Karen Goodson for addressing the Council, administration, and
members of the audience this evening.

ENVIRONMENT, SAFETY, AND COMMUNITY SERVICES COMMITTEE

Motion by Zimmerman to confirm Mayor Sutherland’s reappointment of Diane Pavan to
the Community Services Advisory Board for a three-year term expiring June 30, 2009.
Mayor Sutherland noted that Diane Pavan’s term expired June 30, 2006.
Motion carried 6-0.

Motion by Zimmerman to confirm Mayor Sutherland’s appointment of Victoria M.
Stavlas, LPPC, LSW, to the Community Services Advisory Board to fill the unexpired term
of Barbara J. Quinn ending June 30, 2008. Motion carried 6-0.

PUBLIC IMPROVEMENTS,                  STREETS,        SEWERS,        AND      DRAINAGE
COMMITTEE
Minutes of Bay Village City Council      6
Regular Meeting held April 2, 2007


Councilman Barbour introduced and read ORDINANCE NO. 07-35 AUTHORIZING
THE MAYOR TO ENTER INTO AN AGREEMENT WITH BARBICAS
CONSTRUCTION COMPANY, INC. FOR THE 2007 CAHOON ROAD
RESURFACING AND DECLARING AN EMERGENCY, and moved for adoption.

There being no further discussion, Mr. Cruse called for a vote on the motion to adopt
Ordinance No. 07-35.

       Roll Call on Suspension of Charter Rules:
              Yeas- Barbour, Cruse, Koomar, Scott, Young, Zimmerman
       Roll Call on Suspension of Council Rules:
              Yeas- Barbour, Cruse, Koomar, Scott, Young, Zimmerman
       Roll Call on Use of the Emergency Clause:
              Yeas- Barbour, Cruse, Koomar, Scott, Young, Zimmerman
       Roll Call on Adoption:
              Yeas – Barbour, Cruse, Koomar, Scott, Young, Zimmerman

Mr. Cruse announced adoption of Ordinance No. 07-35, an emergency measure, by a
vote of 6-0.

Mr. Barbour introduced and read ORDINANCE NO. 07-36 AUTHORIZING THE
MAYOR TO ENTER INTO AN AGREEMENT WITH KARVO PAVING COMPANY,
INC. FOR THE 2007 PARKS PAVEMENT IMPROVEMENTS AND DECLARING
AN EMERGENCY, and moved for adoption.

There being no further discussion, Mr. Cruse called for a vote on the motion to adopt
Ordinance No. 07-36.

       Roll Call on Suspension of Charter Rules:
              Yeas- Cruse, Koomar, Scott, Young, Zimmerman, Barbour
       Roll Call on Suspension of Council Rules:
              Yeas- Cruse, Koomar, Scott, Young, Zimmerman, Barbour
       Roll Call on Use of the Emergency Clause:
              Yeas- Cruse, Koomar, Scott, Young, Zimmerman, Barbour
       Roll Call on Adoption:
              Yeas –Cruse, Koomar, Scott, Young, Zimmerman, Barbour

Mr. Cruse announced adoption of Ordinance No. 07-36, an emergency measure, by a
vote of 6-0.

FINANCE AND CLAIMS COMMITTEE

Councilman Koomar introduced ORDINANCE NO. 07-37 AUTHORIZING THE
MAYOR TO ENTER INTO AN AGREEMENT WITH AMERICAN FIREWORKS
Minutes of Bay Village City Council        7
Regular Meeting held April 2, 2007

COMPANY FOR THE JULY 4th FIREWORKS DISPLAY, AND DECLARING AN
EMERGENCY, and moved for adoption.

There being no further discussion, Mr. Cruse called for a vote on the motion to adopt
Ordinance No. 07-37.

       Roll Call on Suspension of Charter Rules:
              Yeas-Koomar, Scott, Young, Zimmerman, Barbour, Cruse
       Roll Call on Suspension of Council Rules:
              Yeas-Koomar, Scott, Young, Zimmerman, Barbour, Cruse
       Roll Call on Use of the Emergency Clause:
              Yeas-Koomar, Scott, Young, Zimmerman, Barbour, Cruse
       Roll Call on Adoption:
              Yeas –Koomar, Scott, Young, Zimmerman, Barbour, Cruse

Mr. Cruse announced adoption of Ordinance No. 07-37, an emergency measure, by a
vote of 6-0.

Councilman Koomar introduced RESOLUTION NO. 07-38 CANCELING SPECIAL
ASSESMENT AND, AND DECLARING AN EMERGENCY, and moved for adoption.

There being no further discussion, Mr. Cruse called for a vote on the motion to adopt
Resolution No. 07-38.

       Roll Call on Suspension of Charter Rules:
              Yeas- Scott, Young, Zimmerman, Barbour, Cruse, Koomar
       Roll Call on Suspension of Council Rules:
              Yeas- Scott, Young, Zimmerman, Barbour, Cruse, Koomar
       Roll Call on Use of the Emergency Clause:
              Yeas- Scott, Young, Zimmerman, Barbour, Cruse, Koomar
       Roll Call on Adoption:
              Yeas –Scott, Young, Zimmerman, Barbour, Cruse, Koomar

Mr. Cruse announced adoption of Resolution No. 07-38, an emergency measure, by a
vote of 6-0.

Councilman Koomar introduced ORDINANCE NO. 07-39 AMENDING SECTION 1
OF ORDINANCE 06-83 REGARDING RATES OF COMPENSATION FOR THE
OFFICERS AND EMPLOYEES OF THE GENERAL ADMINISTRATION
DEPARTMENT AND THOSE EMPLOYEES OF THE CITY NOT COVERED BY
SEPARATE LABOR CONTRACT FOR THE CALENDAR YEARS 2007, 2008 AND
2009 AND THEREAFTER, AND DECLARING AN EMERGENCY, and moved for
adoption.

Mayor Sutherland advised the relative increase for 2007, 2008, and 2009.
Minutes of Bay Village City Council        8
Regular Meeting held April 2, 2007

There being no further discussion, Mr. Cruse called for a vote on the motion to adopt
Ordinance No. 07-39.

       Roll Call on Suspension of Charter Rules:
              Yeas- Young, Zimmerman, Barbour, Cruse, Koomar, Scott
       Roll Call on Suspension of Council Rules:
              Yeas-Young, Zimmerman, Barbour, Cruse, Koomar, Scott
       Roll Call on Use of the Emergency Clause:
              Yeas-Young, Zimmerman, Barbour, Cruse, Koomar, Scott
       Roll Call on Adoption:
              Yeas –Young, Zimmerman, Barbour, Cruse, Scott
              Nays - Koomar

Mr. Cruse announced adoption of Ordinance No. 07-39, an emergency measure, by a
vote of 5-1.

PLANNING, ZONING, PUBLIC BUILDINGS AND GROUNDS COMMITTEE

Mr. Scott read ORDINANCE NO. 07-25 AMENDING C.O. SUBSECTION 1305.02
(a)(1) REGARDING FEES FOR BUILDING PERMITS, AND DECLARING AN
EMERGENCY, and moved for adoption.

Mr. Scott advised that this ordinance has been discussed at length and basically it
introduces an engineering inspection review fee deposit of $2500 as part of the review
process for new building.

Mr. Cruse advised that the ordinance is on third reading, up for adoption, and called for
any further comment or discussion.

There being no further discussion, Mr. Cruse called for a vote on the motion to adopt
Ordinance No. 07-25.

       Roll Call on Adoption:
              Yeas – Zimmerman, Barbour, Cruse, Koomar, Scott, Young

Mr. Cruse announced adoption of Ordinance No. 07-25, by a vote of 6-0.

Councilman Scott read ORDINANCE NO. 07-34 AMENDING CODIFIED
ORDINANCE 1344 REGARDING RESIDENTIAL, COMMERCIAL, AND
ACCESSORY STRUCTURE MAINTENANCE, AND DECLARING AN
EMERGENCY.

Mr. Scott stated that this ordinance has been discussed at length in committee sessions
and asked Building Director Doug Milburn to summarize the key points of the ordinance.
Mr. Milburn responded that the major changes are being made because of the new rental
housing license ordinance that went into effect late last year. Some areas of the
Minutes of Bay Village City Council         9
Regular Meeting held April 2, 2007

ordinance were tightened for enforcement purposes and commercial properties have also
been included under this property maintenance ordinance.

Mr. Cruse announced that, at the request of the committee, Ordinance No. 07-34 is
moved to Second Reading.

Mr. Scott introduced and read Ordinance No. 07-40 AMENDING CHAPTER 1307
REGARDING PLAN REVIEW FEES, AND DECLARING AN EMERGENCY.

Building Director Milburn advised that this ordinance is being driven by the Residential
Code of Ohio being adopted by the state and the necessity to recoup some of the expenses
that the city will be incurring to comply with the residential code.

Mr. Cruse advised that Ordinance No. 07-40, at the request of the committee, is placed
on First Reading.

MOTION to extend the time for the Planning Commission to review the application of
the Bay Village City Schools for installation of a storage shed at the Bay Middle School
for a period of sixty days, from April 10, 2007 to June 9, 2007. Motion carried 6-0.

RECREATION AND PARKS IMPROVEMENTS COMMITTEE

Motion by Mr. Young to acknowledge the deed recording of the specific location of the
landfill in the Cahoon Memorial Park. Motion carried 6-0.

SERVICES, UTILITIES & EQUIPMENT COMMITTEE

Mr. Scott had no report this evening.

MISCELLANEOUS

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



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

				
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