Docstoc

Mrs

Document Sample
Mrs Powered By Docstoc
					                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, NOVEMBER 6, 2007 AT 7:00 P.M.
Mr. O‟Donnell called the meeting to order at 7:01p.m.

Mr. Toth led the opening.

Councilpersons present: Cathy Laubaugh, Mike O‟Donnell, Laurie Madden, Bob Pitz, Gary Toth
and Bob Beesley.

Also present: Law Director Jack Morrison, Fire Chief Jim Bowery, BZA member Ann Malorni,
Planning Commission member Gregg Bartholomew, Park Board member Ron Meyer, and Deputy
Clerk of Council Amy Locy.

     Mrs. Laubaugh made a motion to excuse Mr. Bertsch from the meeting. Mr. Beesley
seconded the motion.

A voice vote was taken and the motion passed unanimously.

Approval of Minutes:
     Mrs. Laubaugh made a motion to approve the minutes of the regular Council meeting held
Tuesday, October 16, 2007. Mrs. Madden seconded the motion.

Discussion – Mr. Beesley commended Mrs. Locy on the accuracy of the presentation by Mayor
Grimm of Tallmadge.

Roll call:
Mr. Pitz - abstain                   Mrs. Laubaugh – yes                  Mr. Toth – yes
Mr. Beesley – yes                    Mrs. Madden – yes                    Mr. O‟Donnell – yes

The motion passed.

                                    REPORTS OF OFFICIALS

Mayor's Report:
Mayor Larson was not present.

Law Director:
1.       Met with City of Cuyahoga Falls Law Department to discuss dispatch contract. Agreement
in principle has been made for Cuyahoga Falls to offer two five-year extensions, each with 3% cost
of living increase per year, at the end of the first five-year contract. This agreement would also
remove any 60 or 90 day notice of contract cancellation for both communities. Mr. Morrison
explained that Munroe Falls does not want to get out of the COG to enter into a contract with
Cuyahoga Falls and then have Cuyahoga Falls cancel the contract. This would cause problems for
us because we would be out shopping for dispatch service and not have the COG or Cuyahoga
Falls to look to.

Mrs. Madden asked for clarification that the exact cost of living percentage is 3% for each of the
five years including the years in the options. Mr. Morrison confirmed.
2.      Reported on the research done in the case of the penalty/fine against Dollar General for not
complying with the Stop Work Order. He said that Ordinances only allow a charge of a criminal
misdemeanor. He explained that there is no civil penalty at this time. He said that Council could
change the Codified Ordinances, but it would not be retroactive to the Dollar General situation.


                                                                                                  1
                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, NOVEMBER 6, 2007 AT 7:00 P.M.
Mr. Morrison said that part of the conditions to lifting the Stop Work Order was that Sean &
Company agrees to pay all fees incurred from Campbell & Associates as well as all legal fees
incurred. He confirmed that they have agreed to pay these fees.

Mrs. Madden asked about the current state of non-compliance. She suggested that, due to Sean &
Company‟s history in the community, a very stringent time limit be put on the company to get into
compliance or the City will issue another Stop Work Order. Mr. Morrison said that he didn‟t know
about the non-compliance until this meeting, but he will look in to the situation immediately.

3.      Received a letter from Mr. Adams of the SMF School Board that acknowledges that there
are seven children in the area of Riverview School that must cross North River Road. Mr. Adams
stated in his letter that he spoke to the parents of these children and all families agreed that it
would be a waste of taxpayer‟s money to have the kids picked up by a bus.
4.      Reported that a public records request was received by an attorney working for the SMF
Schools regarding legislation that was passed on the fire hydrant fees. He said that there must be
a hydrant or two on school property and they don‟t want to pay the fees.
5.      Revised rules for the parks have been sent to Mr. Toth for review with the Park Board.
6.      Received a letter from the attorneys for DaCath Development regarding Falls River
Crossing. The letter states that Mr. Krummel will take care of all problems that are his
responsibility. The letter also mentions that the attorney may have the documents necessary to
dedicate Damon Drive. This would save the community a lot of time and money.

Mrs. Madden mentioned that Mayor Grimm said that he would have solid cost figures at the end of
October. She asked if those figures had been received. No figures have been received.

Mrs. Laubaugh asked if anyone was keeping the Falls River Crossing Condo Association informed
about the letters from DaCath. Mr. Morrison said that he has been copying everything to the
Association.

Mr. Beesley said that he would like to comment, for the record, that Council is looking for the
lowest cost solution to provide safety to the children at Riverview School. He said that no matter
who spends money, it is all taxpayer money.

President of Council:
1.      Mr. O‟Donnell said that he is very disappointed that the Mayor didn‟t show up for the
Council meeting and didn‟t give Council the courtesy of notification. He asked that this be
specifically mentioned in the minutes.
2.      Assigned the motion for Council to Mr. Pitz to be made during his committee report.

Motions for Council:
      A motion to declare two large rolodex systems, property tag numbers 00579 and 00580,
each of which holds a value of less than $1000.00, as surplus and authorizing their disposal as
requested by the Mayor.

Director of Finance:
Mr. Bailey was absent.

Service Director:
Mayor Larson was absent.



                                                                                                      2
                                   RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, NOVEMBER 6, 2007 AT 7:00 P.M.
Police Chief:
Chief Bellinger was absent.

Fire Chief:
1.     Chief Bowery announced that the department received a grant from the Lehner Family
Foundation to purchase a thermal imager and a fire extinguisher training program.

                                   REPORTS OF COMMITTEES

Community/Economic Development:
Mr. Pitz reported for Mr. Bertsch.
1.      The Planning Commission approved a new sign for Summit Renal Care. They discussed
several options for Gaylord Drive. The Planning Commission will hold a workshop on November
19th at 6:30 p.m.

A discussion ensued about the agenda for the Planning workshop.

Finance/Audit:
1.     Check registers dated October 11, 16, and 22, 2007 were reviewed.
2.     A budget workshop will be held November 15th at 7:00 p.m. A second workshop will be
held that will include all Department Heads.

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

      Mr. Pitz made a motion to declare two large rolodex systems, property tag numbers 00579
and 00580, each of which holds a value of less than $1000.00, as surplus and authorizing their
disposal as requested by the Mayor. Mr. Beesley seconded the motion.

A voice vote was taken and the motion passed unanimously.

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

Mrs. Madden asked if there would be minutes taken at the workshop on the 19th? It was decided
that minutes will not be taken, but any process that is decided on will be forwarded to Council for
final approval.

Parks & Recreation:
1.     Mr. Toth thanked Mayor Larson, Mr. Probonic from Acme, and the judges that helped out at
the Halloween costume parade at Riverview School.
2.     Usage rules have been reviewed and are close to being finalized.
3.     The Farmers Market was discussed.
4.     Amphitheater seating discussed. The Board is looking at extra seating.
5.     Brust Park gazebo needs work done, but the Board has been told that a work order needs
to be done.
6.     The 2008 events calendar is in progress.

Persons to Appear Before Council:
1.    Kathy Fister, 261 South Main Street – owns and operates Kathy‟s Preschool and has
concerns about the Dollar General site. She said that the retention pond is too close to her

                                                                                                      3
                                   RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, NOVEMBER 6, 2007 AT 7:00 P.M.
driveway and when the pond overflows she has to close her driveway. She is worried that the cold
weather will cause the water to freeze and someone will slide into the pond. She said that the
retention pond takes about 1.5 weeks to completely drain. She asked if a guardrail would be
installed for safety reasons.

Mr. O‟Donnell said that Council has been working on the Dollar General project for quite some
time. He said that the pond is going to be moved away from her driveway.

Mr. Morrison confirmed and explained that a large mound of dirt will be installed between the
driveway and the pond. The mound will be landscaped, but there will not be a guardrail.

Ms. Fister said that there is a steep drop on the south side of her property that abuts the
construction site and she would like to see some red caution tape put up there to warn people of
the danger.

2.      Bill Neitz, 521 Riverdale Circle – said that he had several issues to discuss.
        a.       Political signs – asked if 8 square feet is the total of both sides of the sign or per
side of the sign. Said that we are coming to the end of the political sign season, but the signage is
getting ridiculous. He said that these signs should be allowed only in the Town Center District. He
also mentioned that he is sorry to see a metal building going up on the Dollar General site. Asked
about the Hudson litigation that Council had mentioned in a previous meeting.

Mr. Morrison explained that the Ninth District Court of Appeals has made it clear that a community
cannot regulate the size of a political sign simply because they don‟t like signs over a certain size
(“size for size sake”). He said that this type of regulation has been deemed unconstitutional. A
community can regulate sign size for the purpose of safety, for example if a large sign is posing a
safety hazard to residents or traffic.

Mr. Neitz asked about signs on the tree lawn. He said that there are a large amount of signs in
River Park Estates that are located on the tree lawn. If this is illegal, then they should be removed.

Mr. O‟Donnell said that Ken Freiman, the Building Inspector, removes a lot of signs.
       b.     River Park Estates streets – these concrete streets are in bad shape. There are
large gaping holes and there has been no effort made to fix the problems. He said that with the salt
season fast approaching he worries about the bad areas getting worse.

Mr. O‟Donnell said that there are many concrete streets falling apart and the City has no plan to fix
them at this time. He mentioned that, without a Service Director, he cannot say when a plan will be
devised.

Mr. Beesley said that the 2007 budget included a plan of certain streets that would be repaired
and/or replaced and assured Mr. Neitz that the 2008 budget would do the same.

Mrs. Madden said that she is not thrilled with the metal building at the Dollar General site, but
explained that the City cannot regulate aesthetics. She mentioned that the Town Center Plan has
been formally adopted and that there will be no further sheet metal buildings.

3.      Tom Marttala, 153 Wilbur Drive – appeared to discuss the private hydrant fees. He passed
out copies of his plot and explained that he built his home in 1995. He said that there is a 50 foot
easement on the plat for the installation of a private road that would be named Margaret Drive. He
further explained that when he purchased the property and decided to build the City required him

                                                                                                          4
                                   RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, NOVEMBER 6, 2007 AT 7:00 P.M.
to install a fire hydrant with a six inch waterline. He said that he has maintained the hydrant since
1995 and has spent approximately $20,000 on the waterline. His issue came about because the
City Council passed legislation to charge him $100/year for maintenance and $53.46/month for a
six inch waterline connection. He said that he is a private homeowner, not a condo association,
and he is the only private homeowner in the City that has to pay this. He explained that a condo
association can split these fees up among all condo residents, but he doesn‟t have that luxury.

Mr. O‟Donnell asked Chief Bowery if he could shed any light on this situation. Chief Bowery
explained that there are potentially four buildable lots that would be served by this waterline. When
Mr. Marttala was building his home Jim Brown suggested installing the six inch waterline so that
the other homes could be connected when they were built. He said that Jim Brown didn‟t want an
easement because the waterline was going to serve all four houses. The development was never
built. He explained that the new legislation requires all hydrants to be flushed and regulated yearly.
He discussed the fee for the fire line and the history of the billing discrepancies. He said that City
Council did away with water main fees and now all fees fall under the term fire lines – unmetered.

Mr. O‟Donnell asked why these fees where not charged in the past but are being charged now?

Mr. Marttala said that he feels that the waterline is his responsibility and he is responsible for any
problems or leaks, so why is he paying the City $53.46 per month? What is this money being used
for?

Mr. Morrison explained that Mr. Pitz discovered that his condo association was the only entity
being billed and he questioned this issue. That led to research and it was discovered that there are
others that should be being billed as well. The billing amounts and procedures were already in the
Codified Ordinances, just not being billed to everyone. After working with the Water Department
and the Fire Chief, Mr. Morrison brought hydrant legislation to Council that would make billing fair
to everyone.

Mr. Pitz agreed and said that Silver Valley Condo Association now pays about half of what it used
to pay. He asked Mr. Marttala if he owns all four properties on this waterline. Mr. Barttala said that
he owns two and Butch Berkley owns the other two. Mr. Pitz asked why Mr. Berkley isn‟t sharing in
the cost of the water line.

Chief Bowery explained that the connection fee is for infrastructure and is broken down by size of
the waterline. Further discussion of waterline and hydrant. Mr. Morrison said that Mr. Berkley isn‟t
responsible for half of the bill because the entire waterline is on Mr. Marttala‟s property.

Mr. O‟Donnell said that Mayor Larson should be included in this discussion. He told Mr. Marttala
that he would discuss this issue with the Mayor.
4.      Ron Meyer, 61 Spring Garden Drive – brought up several issues including:
        a.      Historical Society will meet on Thursday, 11-8 and will have a special presentation
on genealogy. He invited everyone to attend.
        b.      The Park Board will be meeting at the amphitheater on Saturday at 9:00 a.m. to
discuss additional seating.
        c.      Thanked Mr. Toth and his family for their hard work at the Pumpkin and Costume
Parade at Riverview School.
        d.      Is sad to see that all eleven Charter Amendments are on the ballot this year. He
said that, while out campaigning, he spoke to a lot of people that didn‟t even know what these
issues were about. He said that 90% of residents he spoke to didn‟t know there were issues on the


                                                                                                        5
                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, NOVEMBER 6, 2007 AT 7:00 P.M.
ballot. He said that someone has to get the word out to the public and explain what the issues are.
He said that the general notion is that City Council is trying to sneak something through.

Mrs. Madden said that education is always a good idea and commented that the Stow Sentry did a
good job getting the word out. She said that she respected the Charter Review Commission‟s
recommendations but doesn‟t want to slant anyone‟s view or opinion on the issues. She agreed
that we could do a better job of getting the word out to the residents.

Mr. O‟Donnell said that there are many people that don‟t care about voting and that makes
education a difficult task.

Mr. Toth said that he felt that some of the newspaper articles made it appear that Council
endorsed the Charter amendments. He asked why there were no candidate night meetings where
the residents could meet and hear the candidates and the issues. He said that he did not receive
any invitations to speak to groups or clubs about his platform or the issues.

Mrs. Laubaugh said that the Lions Club used to sponsor candidate night, but they no longer do
that. She suggested that a League of Women Voters would be a good addition to the community.
She said that she would look into that group.

                                   PROPOSED LEGISLATION

Ordinances for 1st Reading: None

Ordinances for 2nd Reading:
Prop Ord 2007-21                     AN ORDINANCE AUTHORIZING THE CITY OF MUNROE
                                     FALLS TO ENFORCE THE RESIDENTIAL CODE OF OHIO
                                     AND TO ACCEPT AND APPROVE PLANS AND
                                     SPECIFICATIONS, AND MAKE INSPECTIONS.

This was a second reading only.

Ordinances for 3rd Reading: None

Resolutions for the 1st Reading:
Prop Res #50-2007                A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
                                 INTO A CONTRACT WITH THE CITY OF CUYAHOGA
                                 FALLS FOR EMERGENCY DISPATCH SERVICES,
                                 INCLUDING E-911 CALLS, FOR A PERIOD OF FIVE (5)
                                 YEARS COMMENCING ON JANUARY 1, 2008.

This was a first reading only.

Resolutions for the 2nd Reading:
Prop Res #48-2007                A RESOLUTION AMENDING THE SIDEWALK REPAIR
                                 PROGRAM TO REVISE TIME AND COST FACTORS FOR
                                 BOTH RESIDENTS AND THE CITY OF MUNROE FALLS.

This was a second reading only.



                                                                                                   6
                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, NOVEMBER 6, 2007 AT 7:00 P.M.
Prop Res #49-2007           A RESOLUTION AUTHORIZING THE MAYOR TO SERVE
                            WRITTEN NOTICE TO THE CITY OF TALLMADGE FOR
                            THE TERMINATION OF THE DISPATCH SERVICE
                            CONTRACT.

This was a second reading only.

Resolutions for the 3rd Reading: None

Resolutions Taking Time:
Prop Res #42-2007                    A RESOLUTION AUTHORIZING THE LAW DIRECTOR AND
                                     THE CHIEF OF POLICE TO INVESTIGATE AND APPLY TO
                                     THE OHIO DEPARTMENT OF TRANSPORTATION FOR
                                     THE INSTALLATION OF A „HIDDEN DRIVE‟ SIGN FOR 220
                                     NORTHMORELAND AVENUE, AND DECLARING AN
                                     EMERGENCY.

      Mr. Beesley made a motion to remove Proposed Resolution #42-2007 from Resolutions
Taking Time. Mrs. Laubaugh seconded the motion.

Roll call:
Mr. Beesley – yes                    Mrs. Madden – yes                    Mr. Pitz - yes
Mrs. Laubaugh – yes                  Mr. Toth – yes                       Mr. O‟Donnell – yes

The motion passed.

     Mr. Beesley made a motion to adopt Proposed Resolution #42-2007. Mrs. Laubaugh
seconded the motion.

Roll call:
Mr. Beesley – no                     Mrs. Madden – no                     Mr. Pitz - no
Mrs. Laubaugh – no                   Mr. Toth – no                        Mr. O‟Donnell – no

The motion failed.

Old Business: None

New Business:
1.     Mrs. Laubaugh asked if there are any options for City Council to appoint a Service Director.
Mr. Morrison said that he would look into the question, but mentioned that he doesn‟t know how it
would be possible for a legislative body to hire an employee. He said that Council has the power to
approve or disapprove a candidate for such a position, but not to hire them directly.

Mrs. Laubaugh suggested a Charter amendment to allow Council to appoint a Department Head if
the Mayor doesn‟t hire one within a specific period of time.

Mr. O‟Donnell said that the Charter allows City Council to hire someone to serve Council and
asked if a Service Director could fill that position.




                                                                                                  7
                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, NOVEMBER 6, 2007 AT 7:00 P.M.
Mr. Beesley said that the Charter provides the Mayor options if the Council doesn‟t perform, but
doesn‟t really provide Council options if the Mayor doesn‟t perform. He mentioned the empty seat
on the Park Board and said that it has been vacant for quite some time.

Mr. Morrison reviewed the Charter and said that Council can hire someone to serve them in a
legislative support capacity, but not a Service Director. He also mentioned that the Charter allows
Council to appoint a new Park Board member if the Mayor fails to do so within 30 days of the
vacancy.

Adjournment:

      Mr. Beesley moved to adjourn the meeting. Mrs. Laubaugh seconded the motion.

A voice vote was taken and the meeting was adjourned at 8:15 p.m.




President of Council                                        Deputy Clerk of Council




                                                                                                      8

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:36
posted:5/3/2010
language:English
pages:8