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					                                   RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 5, 2004 AT 8:00 P.M.

Mrs. Case called the meeting to order at 8:03p.m.

Mrs. Laubaugh gave the opening.

Councilpersons present: Jeannine Case, Tom McLaughlin, Laura Cingle, Dave Bertsch, Cathy
Laubaugh and Warren Schneider.

Also present: Mayor Larson, Law Director Jack Morrison, Director of Finance David Bailey, Fire
Chief Jim Bowery, Police Chief Steve Stahl, Service Director Don Brooker, BZA member Ann
Malorni and Deputy Clerk of Council Amy Locy.

     Mr. McLaughlin made a motion to excuse Mr. Mills from the Council meeting. Mrs. Cingle
seconded the motion.

A voice vote was taken and the motion passed unanimously.

Approval of Minutes:

       Mr. McLaughlin made a motion to approve the minutes of the Council meeting held
        Tuesday, September 21, 2004. Mrs. Cingle seconded the motion.

Roll call:
Mr. Bertsch – yes                     Mrs. Laubaugh – abstain           Mr. McLaughlin – yes
Mr. Schneider – abstain               Mrs. Case – yes

The motion passed.

Persons to Appear Before Council:
1.      Connie Humble, Executive Director of Summit County Children’s Services (CSB) –
appeared to ask Council’s support of Issue #91. This is a tax renewal levy November 2nd ballot
that would raise 2.56 mills over the next three years. Ms. Humble explained the “balance carry-
over” issue and the plan to fix the problem. She spoke of PARC and their 41 recommendations to
improve CSB. She explained that CSB will have 36 of the 41 recommendations in place by the
end of this year. Ms. Humble further spoke of labor relations at Children’s Services and pointed
out that they are much better than they were a year ago. She said that the Labor Union endorses
Issue #91.

Mrs. Case remarked that she supports CSB and Issue #91. She said that if anyone has questions
that they should call Connie Humble and get a tour of the facility.

         Mrs. Laubaugh made a motion to endorse Issue #91. Mrs. Cingle seconded the motion.

Discussion – Mrs. Cingle questioned whether Council was allowed to endorse a political issue as a
group. A short discussion followed.

      Mrs. Laubaugh made a motion to table the motion to endorse Issue #91 until a Resolution
can be presented to Council. Mr. Schneider seconded the motion.

A voice vote was taken and the motion passed unanimously.


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                                 RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 5, 2004 AT 8:00 P.M.


                                   REPORTS OF OFFICIALS
Mayor's Report:
1.     Attended the grand opening of Harvest Home Realty on North Main Street. They currently
have 15 employees including realtors and office staff.
2.     Reported on the Ohio Municipal League Conference held in Akron. Said it was very
informative.
3.     Ohio Planning & Zoning Conference will be held in Cleveland on Wednesday, October 6th.

Mrs. Laubaugh asked if Harvest Home Realty is required to install sidewalks in front of their
building. The Mayor explained that they have a deadline that the sidewalks must be installed by.

Mrs. Case asked if Beggar’s Night had been scheduled. The Mayor said that trick or treat will be
held on Saturday, October 30th from 6:00 p.m. to 8:00 p.m.

Law Director:
1.     A Civil Service hearing was held to declassify the Tax Administrator position. Process now
complete.
2.     Document destruction is scheduled for October 7th at 2:00 p.m.
3.     The insurance claim regarding the auto accident has been resolved by the insurance
company.
4.     Received request for large amount of public records. They are ready to be produced to the
requesting party.

Mrs. Cingle asked who requested the records. Mr. Morrison read the complete request from
Angela Sui, One Canal Square Plaza, #2, Akron, Ohio 44308.

Mayor Larson mentioned that putting together these records was a very time consuming effort. He
explained that we can charge $0.05 (five cents) per page for copies, but we cannot recoup the cost
of the employee’s time. He said that there is a bill in Columbus to reverse the public records law
and that he will be watching for it to pass.

Mr. Schneider asked why someone would want all these records. Mr. Morrison explained that, out
of pure speculation, it could be a student doing research or someone looking into the legal fees
charged to municipalities.

President of Council:
1.     A Committee of the Whole meeting will be held October 21, 2004 at 7:00 p.m. David Bailey
to prepare the agenda for that meeting.
2.     Congratulated Sgt. Dave Smith and the Police Department highlighted in the Stow Sentry.
3.     Discussed letter from Jim Kruse regarding metered sewer rates.
4.     Discussed the Mayor’s veto of the neon/outline lighting ordinance and further explained the
options that Council has.

Motions for Council: None

Director of Finance:
1.     The spec books for the health insurance quotes have been distributed. All quotes must be
returned by October 15, 2004.


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                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 5, 2004 AT 8:00 P.M.

2.     Announced that the Paychex service will start with the first pay of the new year. That will
reduce issues of changing over in the middle of a quarter.
Service Director:
1.     Written report turned in.
2.     Friday, October 1, 2004 was Tom Ballway’s last day with the City.
3.     Brush pick-up program has started on the north side of town.
4.     Striping on Rt. 91 is now complete.
5.     Street Department has started berm replacement.
6.     Fieldtrip to Gaylord water tower scheduled for tomorrow at 8:00 a.m.

Mr. Schneider mentioned the extra striping in front of Fire Station #2 and said that he hopes they
help the traffic situation.

Mrs. Cingle asked how the brush pick-up schedule is progressing. Mr. Brooker said that his crew
is a little ahead of schedule right now. He said that the north side of town is light this year.

Mr. McLaughlin asked about the storm sewers on Cathy. Mr. Brooker said that concrete had been
dumped into the system, but has now been cleaned out and is running smoothly.

Mr. Brooker spoke about the water bills and the Storm Water Maintenance Fee (STW) that was
included. He explained that the Water Department has received a lot of calls, but most residents
are not unhappy.

Mayor Larson said that he had discussions with Patrick Miller of the Silver Valley Condos. He said
that they are not unhappy with the fee now that they understand what the fund is and all they
benefits it provides.

Police Chief:
1.     Written report turned in.
2.     Firing range is now closed for the year.

Fire Chief:
1.     Written report turned in.
2.     Fireman’s Association Pancake Breakfast will be SAT/SUN from 7:00 a.m. to 11:00 a.m.
3.     Children’s Halloween Party will be Sunday, October 31st from 1:00 p.m. to 3:00 p.m.
4.     Chief Bowery has received the plans for the new fire truck.

Mr. McLaughlin asked if the Safety Forces will be on the streets for Beggar’s Night. Chief Bowery
said yes they would.
                                  REPORTS OF COMMITTEES

Community Development:
Mrs. Case reported in Mr. Mills’ absence.
1.     Discussed veto of neon/outline lighting ordinance. Explained that the ordinance was
passed with the understanding that a variance could be granted but, after detailed research, it has
come to light that no variance is allowed. The Mayor vetoed the ordinance because, in his opinion,
this new information makes this ordinance detrimental to the economic growth of the community.
Mrs. Case said that she agrees with the Mayor.




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                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 5, 2004 AT 8:00 P.M.

Mr. Morrison explained the variance issue further. He said that, historically, exceptions have been
granted to institutions only. He suggested that if the City wants to grant exceptions, an ordinance
should be written to do so.
Mrs. Case said that this should be discussed further in Mr. Mills’ committee meeting.

Finance/Audit:
The Finance/Audit meeting was not held at 7:15 p.m. this evening due to an extended General
Government Services meeting regarding the leaking water tower.
1.     Proposed Ord #2004-39 regarding the changes to the Appropriations Ordinance. Mr.
Bailey explained the large tax refund and each transfer on the ordinance.
2.     Reviewed check registers dated 9-27-04 and 9-30-04.

   Mrs. Cingle made a motion to authorize the Director of Finance to pay the bills as reviewed in
    check registers dated 9-27-2004 and 9-30-2004. Mr. McLaughlin seconded the motion.

Roll call:
Mr. Schneider – yes                  Mrs. Cingle – yes                     Mr. Bertsch – yes
Mrs. Laubaugh – yes                  Mr. McLaughlin – yes                  Mrs. Case – yes

The motion passed.

General Government Services:
1.     John Lund and Dave Colemyer of CTI appeared to discuss the Gaylord water tower issues.
Mr. Colemyer will join Service Director tomorrow at the tower tomorrow.
2.     Discussed the vacancy and applications for position in the Water Department.

Public Safety:
This committee has not met since the last Council meeting.

Economic Development:
This committee has not met since the last Council meeting.
1.     Business Breakfast hosted by Mulberry Gardens on Friday, October 15th at 7:30 a.m.

Parks & Recreation:
This committee has not met since the last Council meeting.

Mrs. Cingle asked about the banner program. The Mayor explained that the Park Board requested
approval from Planning Commission, who referred the matter to the Mayor. The Law Director got
involved because our Zoning Code does not allow these banners. Mr. Morrison said that, at Mrs.
Laubaugh suggestion, legislation will be drawn up to exempt the City Banner Program from the
Zoning Code. This legislation will also specify that the size and content of the banners will be
controlled by the City.

                                   PROPOSED LEGISLATION
Ordinances for 1st Reading:
Prop Ord #2004-39                    AN ORDINANCE AMENDING THE 2004 APPROPRIATION
                                     ORDINANCE #14-2004, AND DECLARING AN
                                     EMERGENCY.



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                                 RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 5, 2004 AT 8:00 P.M.

     Mr. McLaughlin made a motion to suspend the rules and omit all further readings of
Proposed Ordinance #2004-39. Mrs. Laubaugh seconded the motion.

A voice vote was taken and the motion passed unanimously.
      Mr. McLaughlin made a motion to adopt Proposed Ordinance #2004-39. Mrs. Laubaugh
seconded the motion.

Roll call:
Mrs. Cingle – yes                  Mr. Bertsch – yes                   Mrs. Laubaugh – yes
Mr. McLaughlin – yes               Mr. Schneider – yes                 Mrs. Case – yes

The motion passed and the Ordinance was assigned permanent number #39-2004.

Ordinances for 2nd Reading: None

Ordinances for 3rd Reading:
Prop Ord #2004-36 AMENDED          AN ORDINANCE LEVYING SPECIAL ASSESSMENTS
                                   FOR THE STREET LIGHTING IMPROVEMENTS OF
                                   GUISE PARK DRIVE, CASTLE DRIVE, BERMONT
                                   AVENUE, LINDSEY ROAD, OAKHURST DRIVE,
                                   LUDEN AVENUE, PINEHURST ROAD,
                                   STEEPLECHASE LANE, BUTTEVANT DRIVE,
                                   VALENTINE’S BROOK, BELMONT PARK DRIVE,
                                   CHELTENHAM LANE, AINTREE DRIVE, SAINT
                                   LEGER STREET, SANDOWN LANE, BECHER’S JUMP,
                                   CRESTVIEW DRIVE, RIVER PARK BOULEVARD,
                                   WILLOW GROVE DRIVE, SPRING GARDEN DRIVE,
                                   GLENSIDE DRIVE, PARK RIDGE DRIVE,
                                   MAPLEBROOK CIRCLE, BUCKEYE CIRCLE,
                                   RIVERDALE CIRCLE, RIVER PARK CIRCLE, MUNROE
                                   FALLS AVENUE, RUSTIC TERRACE AND CARLYON
                                   ROAD, AND DECLARING AN EMERGENCY.

      Mr. McLaughlin made a motion to adopt Proposed Ordinance #2004-36 AMENDED. Mrs.
Cingle seconded the motion.

Roll call:
Mr. Bertsch – yes                  Mrs. Laubaugh – yes                 Mr. McLaughlin – yes
Mr. Schneider – yes                Mrs. Cingle – yes                   Mrs. Case – yes

The ordinance was adopted and assigned permanent number #40-2004.

Ordinance Taking Time:
Prop Ord #2004-32                  AN ORDINANCE PROVIDING FOR THE SUBMISSION
                                   TO THE ELECTORS OF THE CITY OF MUNROE FALLS
                                   OF AN AMENDMENT TO THE CHARTER OF THE CITY
                                   OF MUNROE FALLS, BY AMENDING ARTICLE V,
                                   COUNCIL, SECTION 5.02, COMPOSITION AND TERM,

                                                                                              5
                                 RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 5, 2004 AT 8:00 P.M.

                                   TO PROVIDE FOR THE ELECTION OF ONE COUNCIL
                                   MEMBER FROM EACH OF SIX (6) WARDS AND ONE
                                   (1) MEMBER TO BE ELECTED AT LARGE, AND TO
                                   AMEND          ARTICLE         XIX   NOMINATIONS AND
                                   ELECTIONS, BY ADDING SECTION 19.03 DIVISION
                                   OF MUNICIPALITY INTO WARDS, TO ESTABLISH
                                   THE WARDS FOR THE ELECTION OF COUNCIL
                                   MEMBERS, AND DECLARING AN EMERGENCY.
Discussion – Mrs. Case questioned the proper title of this legislation.

Mrs. Laubaugh said that she knew how she would vote on this, so why can’t it be removed from
Taking Time and be voted on.

      Mrs. Laubaugh made a motion to put Proposed Ordinance #2004-32 back on the table for
consideration. Mr. McLaughlin seconded the motion.

A voice vote was taken and the motion passed unanimously.

The original motion to adopt, from the Council meeting dated August 3, 2004 was then
reconsidered.

      Mr. Bertsch made a motion to adopt Proposed Ordinance #2004-32. Mr. Mills seconded
the motion.

Roll call:
Mr. McLaughlin – no                 Mr. Schneider – no                  Mrs. Cingle – no
Mr. Bertsch – yes                   Mrs. Laubaugh – no                  Mrs. Case – no

The motion failed

Resolutions for 1st Reading:
Proposed Res #2004-06          A RESOLUTION GRANTING A CONDITIONAL ZONING
             CERTIFICATE, AS RECOMMENDED BY THE PLANNING COMMISSIONN, TO PC
             2004-12 APPLICANT JAMES R. CALABRESE TO OPERATE AN AUTOMOBILE
             SALE LOT A 301 SOUTH MAIN STREET, AND DECLARING AN EMERGENCY.

This was a first reading only.

Prop Res #2004-07              A RE SOLUTION GRANTING A CONDITIONAL ZONING
             CERTIFICATE, AS RECOMMENDED BY THE PLANNING COMMISSIONN, TO PC
             2004-10 APPLICANT SHELL CONSTRUCTION TO BUILD AN ADDITION AT 425
             NORTH MAIN STREET, AND DECLARING AN EMERGENCY.

     Mr. McLaughlin made a motion to suspend the rules and omit all further readings of
Proposed Resolution #2004-07. Mr. Schneider seconded the motion.

A voice vote was taken and the motion passed unanimously.




                                                                                               6
                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 5, 2004 AT 8:00 P.M.

     Mr. McLaughlin made a motion to adopt Proposed Resolution #2004-07. Mrs. Cingle
seconded the motion.

Roll call:

Mr. Schneider – yes                 Mrs. Cingle – yes                  Mr. Bertsch – yes
Mrs. Laubaugh – yes                 Mr. McLaughlin – yes               Mrs. Case – yes

The resolution was adopted and assigned permanent number #05-2004.

    Mrs. Laubaugh made a motion to reconsider Proposed Resolution #2004-06. Mr.
McLaughlin seconded the motion.

A voice vote was taken and the motion passed unanimously.

     Mr. McLaughlin made a motion to suspend the rules and omit all further readings of
Proposed Resolution #2004-06. Mrs. Laubaugh seconded the motion.

A voice vote was taken and the motion passed unanimously.
      Mr. McLaughlin made a motion to adopt Proposed Resolution #2004-06. Mrs. Laubaugh
seconded the motion.

Roll call:
Mrs. Laubaugh – yes                 Mr. McLaughlin – yes               Mr. Schneider – yes
Mrs. Cingle – yes                   Mr. Bertsch – yes                  Mrs. Case – yes

The resolution was adopted and assigned permanent number #06-2004.

Resolutions for 2nd Reading: None
Prop Res #2004-05               A RESOLUTION ACCEPTING THE AMOUNTS AND RATES
             AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE
             NECESSARY TAX LEVIES AND CERTIGYING THEM TO THE COUNTY
             AUDITOR, AND DECLARING AN EMERGENCY.

This was a second reading only.

Resolutions for 3rd Reading: None

Old Business: None

New Business: None

Adjournment:

       Mr. McLaughlin moved to adjourn the meeting. Mrs. Cingle seconded the motion.

A voice vote was taken and the meeting was adjourned at 9:12 p.m.




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                           RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 5, 2004 AT 8:00 P.M.




President of Council                         Deputy Clerk of Council




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