CITY OF BAY VILLAGE

Council Minutes, Regular Meeting                                     April 21, 2008
Council Chambers, 8:00 p.m.

Brian C. Cruse, President of Council, presiding

Present:       Barbour, Cruse, Koomar, Pohlkamp, Scott, Tadych, Young

Absent:        Mayor Sutherland

Present:       Law Director Ebert, Finance Director Presley, Service Director Sears,
               Operation Manager 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. Mr. Cruse welcomed all in
attendance this evening.

Mr. Young announced that he will hold a meeting of the Environment, Safety and
Community Services Committee meeting on Monday, April 28, 2008 at 6:30 p.m. in the
conference room of city hall.

Mr. Scott advised that he will introduce an ordinance this evening authorizing a contract
with the Custom Line Striping Company for the 2008 Pavement Marking and Striping
Program. The cost is $14,493.80 and represents the lowest and best bid. Service
Director Sears commented that the company has done work in Bay Village previously.
The specifications have been adjusted to allow for additional glass beads in the paint for
greater visibility, as well as matching the paint specifications to those of the Ohio
Department of Transportation which will produce more of an orange paint than the
yellow on Bassett Road.

Mr. Scott stated that he will not be present at the committee meeting on April 28, but
would like to present an agenda for the Town Hall Meeting on Thursday, May 8 at 7:30
p.m. at the Dwyer Center for review by Council. Mr. Pohlkamp will send out news
releases regarding the meeting.

Jerrie Barnett asked Mr. Pohlkamp how he plans to publicize the Town Hall Meeting.
Mr. Pohlkamp will ask the city to place the meeting on the city hall signboard in the
center of town. The West Life and Sun Herald will also be contacted and a notice will be
placed at the Senior Center.

Mr. Tadych advised that a meeting of the Planning, Zoning, Public Buildings and
Grounds Committee will be held on Thursday, April 24, at 5:30 p.m. in the conference
room of Bay Village City Hall to discuss Codified Ordinance Chapter 1158, Attached
Residence District.
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Mr. Barbour advised that a meeting of the Walker Road Park Ad Hoc Committee will be
held during the month of May.

Mr. Pohlkamp advised that a meeting of the Services, Utilities and Equipment Committee
was held this evening at 6:00 p.m. in the conference room of city hall. Karen Goodson of
First Energy Corporation spoke to the committee, followed by Kirk Zerkle of WOW!
Cable. Karen Goodson advised the committee that First Energy Corporation has invested
$1 million into the Crestwood Station which has eliminated many of the issues that have
occurred in Ward 4. First Energy is also currently scheduling tree trimming on Bradley
Road. They are also offering free, programmable thermostats and First Energy will have
the ability to remote in and change the thermostat up to four degrees. This action can be
overridden by the homeowner if so desired. Mr. Pohlkamp noted that throughout the area
one of the worst trouble spots First Energy Corp. had was the Five Crestwood Feeder
here in Bay Village. The correction they have made is due to bringing in something
called sectionalizers. Previously if a tree fell in the area and brought a power line down it
brought down an entire area. Now they can localize that problem, isolate it, and keep
other property owners up to speed with their power. This provides a much better
situation, especially in Ward 4.

Mr. Barbour asked if Ms. Goodson had any information concerning the lengthy power
outage that occurred recently on East Oakland. Mr. Barbour noted that it seemed to take
First Energy a long time to respond to the outage that resulted from a fallen tree. Mr.
Young noted that in a big storm if only one or two houses are affected they are the last on
the list. They take it by a street and move up. The lower the number the lower you fall
on the list. Mr. Tadych stated that the outage on East Oakland was more than one or two
houses. First Energy finally came to the rescue and restored the power. Mr. Barbour
stated that he talked with the woman involved in the power outage, as well as Karen
Goodson, and it did look to him like it was too small to take care of immediately and they
would get to it later. Mr. Barbour stated that he does not find that satisfactory.

Mr. Pohlkamp continued that the committee met with Kirk Zerkle, Vice President &
System Manager, for WOW! Cable. Mr. Zerkle is also a resident here in Bay Village in
Ward 4. Chris Harrold, the construction manager for WOW! accompanied Mr. Zerkle to
tonight’s meeting. Mr. Harrold will interface with Service Director Sears and Jim
Wasniak, City Planner regarding their work here in Bay. They are in the process of
running fiber from their North Olmsted office on Lorain Road down Dover Center Road
and starting from Dover Center Road will build out the east side of town, beginning with
the first live node in July of this year. It will take approximately six months to build up
the east side of town and then they will begin moving west from Dover Center Road.
The entire city should be built within one year, or by the end of the first half of 2009. In
addition to standard cable services they are also offering telephone service and Internet
service with a variety of download speeds. Mr. Pohlkamp commented that this is a great
opportunity for Bay Village in that we will have three cable providers and with some
aggressive pricing hopefully save the residents some money. Mr. Koomar stated that
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their plan is to cover the whole city. Mr. Pohlkamp further noted that WOW! offers a
10% discount for seniors for basic cable and will be offering introductory discount prices.
The pricing you see on their web site,, is good throughout the country.

Mrs. Barnett stated that messages are being broadcasted over the television that when the
signal change is made in February of 2009 some televisions will not work. Mrs. Barnett
asked if her television will still work as long as she has cable service. Mr. Pohlkamp
advised Mrs. Barnett that she is correct, cable service will cover the signal change.

Mr. Barbour asked Law Director Ebert if the safety committee could review the staffing
issues with the fire chief. We have a quarter of a year in on our expenses, two months on
five minimum staffing, and a report from the chief. Mr. Barbour stated that he still has
some concerns. Mr. Young stated that he did not plan on handling that and he would
rather it be addressed by the Committee of the Whole. Mr. Cruse will follow up with the
fire chief. Mr. Ebert advised that an Executive Session will be held on April 28
concerning the fire department labor contract.

Mr. Pohlkamp advised that a Community Services Advisory Board meeting was held on
Friday, April 18, 2008. Senior Programs Coordinator Ann Orin will be retiring next
week and the city is in the process of interviewing other candidates. It may be a period of
several weeks, perhaps longer, before someone will be filling that position. Mr.
Pohlkamp asked the process of having Susan Zisko work additional hours. Mr. Koomar
stated that this would be a management issue that would be left to Mayor Sutherland and
Community Services Director Debbie Bock. If the dollars are in the budget and they are
not being used and they feel the need to be sure the services and programs are being
covered, that would be their decision. Finance Director Presley stated that he would
discuss this with Mayor Sutherland and Community Services Director Bock.

Mrs. Barnett asked if the litigation for the police station is over with. Law Director Ebert
replied that mediation was held two weeks ago that did not get anywhere. A mediation
telephone call was held today for over one hour with our side and a mediator. They will
be calling the other side and reporting back next week. There is a pretrial in mid-May
and Mr. Ebert stated that he assumes after the pretrial there will actually be a trial date,
probably in the late fall of this year. Mr. Ebert added that he would assume either side
would probably appeal, based on the time and effort spent on this matter.

Mr. Barbour reported a complaint regarding a motorcycle for sale at the southwest corner
of Columbia Road and Wolf Road, on the tree lawn. Mr. Ebert stated that this is not
permissible and normally those complaints go to one of the inspectors in the Building

Mrs. Barnett asked when the next sewer bill will be mailed. Mr. Presley responded that
the bills are being printed and awaiting envelopes that will enclose a letter of explanation
regarding the trash collection fee.
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Mr. Koomar asked if there is the ability to opt out of refuse collection. Mr. Presley stated
that there is not the ability to opt out. Law Director Ebert stated that there cannot be a
menu for citizens for city services, e.g., foregoing paying taxes for schools because of not
having children in school, or not having snow plowing services in the winter due to living
in another state.

President of Council Cruse called the regular meeting of Council to order at 8:00 p.m. in the
council chambers with the Pledge of Allegiance led by Councilman Young.

After the roll call, Mr. Cruse called for a reading of the minutes of the regular meeting of
Bay Village City Council held April 7, 2008. MOTION by Koomar, to dispense with the
reading and accept the minutes as prepared and distributed. Motion carried 7-0. Mr. Cruse
called for a reading of the minutes of the Cahoon Memorial Park Trustees meeting held
April 7, 2008. MOTION by Koomar, to dispense with the reading and accept the minutes
as prepared and distributed. Motion carried 7-0. Mr. Cruse called for a reading of the
minutes of the Cahoon Memorial Park Trustees meeting held April 14, 2008. MOTION
by Koomar, to dispense with the reading and accept the minutes as prepared and distributed.
Motion carried 7-0.


Law Director Ebert had no report this evening.

Finance Director Presley had no report this evening.

Service Director Sears had no report this evening.


The Clerk reported receiving from Martin Mace on April 17, 2008 an unsigned copy of a
petition to be circulated for an initiative ordinance setting a minimum staffing number
relative to the City of Bay Village Fire Department.

A communication has been given this evening to Law Director Ebert from Mr. and Mrs.
Gerry Schreibman regarding the possibility for citizens of the community to opt out of
the trash refuse collection program.


The following signed in this evening: Bill Poutz, Karen and Alex Dade, Joe and Rita
Hochman, Jerrie Barnett, Jennie & Marty Mace, Dick Majewski, Nancy Trainer, Gerry

Mr. Cruse called for comments from the audience.
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Bay Village City Council
Held April 21, 2008

Mr. Bill Poutz addressed Council stating that he delivers mail here in Bay Village and is
present this evening to speak about the mail carriers’ food drive that will be held this year on
May 10. The food drive will benefit families in Bay Village as well as area food collection
agencies and local churches. A post card will be sent to residents one week prior to the
drive with instructions for leaving non-perishables for pick up. Mr. Poutz asked that those
who would like to assist in the collection of the food contact him at the Bay Village Post
Office, 440-250-9545. Items can also be dropped off at the post office.

Gerry Schreibman added that her son’s scout troop, Troop No. 41, has worked with the
postal carriers in Avon Lake the last couple of years on specifically this issue. Mrs.
Schreibman stated that there are at least four scout troops in the community that may offer
assistance. Mrs. Schreibman stated that the scouts go around and pick up the bags of food
with the help of their parents and then meet with the postal carrier at a pre-determined site to
deliver the food collected on their designated routes. Mrs. Schreibman will pass the
information regarding the food drive on to her son’s troop.

Mr. Poutz thanked Council for the opportunity to speak on behalf of the food drive.

Mrs. Gerry Schreibman stated that she has a follow-up question from the meeting held April
14, 2008 when she asked Mr. Presley for the cost of the inauguration. In addition to the
dollar amount, Mrs. Schreibman needs clarification on how funds are expended in the
community. It is her understanding that an ordinance has to be passed before funds are
expended, or is there a dollar amount that would limit the necessity of an ordinance. Mrs.
Schreibman stated that she does not recall an ordinance for the inauguration.

Finance Director Presley stated that as long as money is appropriated in the budget line item
it can be expended as long as it doesn’t exceed $15,000 from one vendor, and does not need
an ordinance. Mr. Presley will supply Mrs. Schreibman with the information regarding the
inauguration, including the amount and the line item, Council Other. Mrs. Schreibman
stated that her recollection is that Council did pass an ordinance for former President of
Council Martin’s retirement event in 2005 when the public was invited to a August, 2005
meeting. Mrs. Schreibman asked why an ordinance was passed for that and not for the

Mr. Presley responded that the reason we did that was because at the time the event was
held Mr. Martin had already retired from Council and we wanted to have Council authorize
the payment of that event. Mr. Ebert stated that there are also issues when you talk about
expending money for what Council may or may not agree with, by that he means having an
expenditure for a retirement party, as far as being a legitimate governmental expenditure.
The auditors have always said that by having an ordinance since we are a charter city you
have that ability. There is no rule of thumb as such but if there is an expenditure such as that
it is more proper to get the Council’s approval on an ordinance as far as any expenditure,
looking at it from the auditor’s stand point. Mr. Cruse stated the difference is that the
inauguration is contemplated in the budget and the event for Mr. Martin was something that
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Bay Village City Council
Held April 21, 2008

was outside the scope of the budget at the time it was adopted. The inauguration was in the

Mr. Ebert stated that the inauguration has grown over the years. It has always been a nice
affair and people have commented that more people should come. More people did start
attending and the cost did go up as far as serving a brunch. The event may change over the
years but it used to be attended by just the families of the people being sworn in. Mrs.
Schreibman stated that she understands that and agrees with a lofty event but her point is
that when we are entering a period of such dire economic straits that sends the wrong
message to the community.

Mr. Dade stated that on that same topic it strikes him that Council recently approved an
ordinance to spend $11,000 on the fireworks display. It would seem that that is below the
$15,000 limit and asked if that was not in the budget.

Finance Director Presley responded that the whole thing with the fireworks that came up is
that the company had notified the fire chief that we had two options. We could either go
with the $10,000 we paid last year and reduce the size of the show, or the $11,000 and
maintain the size of the show. Mr. Presley stated that this occurred right after the first of the
year. It came over via e-mail to Mr. Presley for inclusion in the budget and after talking to
the Mayor they put the $11,000 in the budget figures they were working on and proceeded.
That did not have to go to bid; it only went to Council when further discussions came up for
deliberations as to whether or not this is something they wanted to continue. An ordinance
was prepared but it wasn’t necessary. Prior to that ordinance being prepared the Mayor had
already executed the contract with American Fireworks and Mr. Presley cut a deposit check,
which was required by the terms of the contract. It came up here to see if Council wanted to
continue that at the $11,000 expenditure or say they did not want to do it at which time Mr.
Presley would have been able to get a refund of the deposit.

Nancy Brown asked why in the previous years Council approved an ordinance for
fireworks. There has always been an ordinance for fireworks. Mr. Presley stated that he is
not aware of that and does not know why they would have passed an ordinance because it is
not required. Fifteen thousand dollars is the threshold to which the Mayor or a director can
enter into a contract without going to Council. Nancy Brown asked Mr. Presley if he said
the fireworks communication came from Chief Sammon, and the email correspondence
went to him first. Mr. Presley responded that the email did go to Chief Sammon first.
Nancy Brown stated that she understands from the contract copy given to her by Mr. Presley
that it was just a one-page document. Ms. Brown stated that she did not see anything in that
document that discussed correspondence to Chief Sammon or the safety issues as far as
being involved with the fire department.

Mr. Ebert stated that the fire chief and the fire department actually supervise the set up of the
fireworks. The fire department is involved every year in the fireworks as far as safety
issues, the wind situation, etc. Ms. Brown asked if there is a document for that. Mr. Ebert
responded that there is not a document, it is part of the procedure, and they do this in all
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cities. We are not unique in this situation. The city gives the authorization to shoot or not to
shoot the fireworks, not the fireworks company. The chief would be the contact person
because he knows when they are going to arrive. They know from our city where to unload
and where it is going to be over the lake. We probably have one of the safer areas to shoot
fireworks than a lot of communities because we have the lake and a distance between the
lake and where the residents watch. Ms. Brown asked if there is a written document or
agreement on that. Mr. Presley stated that the only document is the one page contract Ms.
Brown has a copy of.

Richard Majewski, 305 Bassett Road, stated that last week during the discussion of Chapter
1158, Attached Residence District, he believes he heard Mr. Faile say that promises were
made to him. He asked if anyone can shed some light on what those promises were and
who made them.

Mr. Cruse stated that most of the phone calls from Mr. Faile have come to him at his office
during the day. Mr. Cruse stated unequivocally, without reservation, there has been not a
single promise made to Mr. Faile, probably to Mr. Faile’s consternation and angst that he
didn’t come in and get blessing and roll with this a year ago. Mr. Cruse stated that he was as
surprised as Mr. Majewski to hear Mr. Faile make that comment last week.

Mr. Majewski asked about the agenda for the Planning, Zoning, Public Buildings and Lands
Committee meeting scheduled for Thursday, April 24, at 5:30 p.m. Mr. Majewski asked for
an explanation of the first two agenda items, “Transparency,” and “Rules for Discussion.”
Mr. Tadych responded that he put those items on the agenda and explained that
“Transparency” at this group will be that everything is open. There will be no secrets and
we will be very transparent about everything and there will not be anything below board.
Mr. Tadych further explained that “Rules for Discussion” means that he hopes to have all
comments from the people attending to take up the last fifteen minutes of the meeting and
until that time it will be committee time. Mr. Tadych stated that he will also ask that the
committee does not address any of the two sites that are proposed and he will not allow it to
come up in committee. Mr. Tadych stated that this is an ordinance review and is not about

Ms. Brown asked if minutes will be taken at that meeting.             Mr. Tadych responded


Mr. Young announced that a meeting of the Environment, Safety and Community
Services Committee will be held on Monday, April 28, 2008 at 6:30 p.m. in the
conference room of city hall. The agenda items will include how the riparian regulations
can be worked into our storm water management agreement that we have had for five
years. There will also be discussion of the police shooting range, and the third topic will
be crosswalks.
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Bay Village City Council
Held April 21, 2008


Mr. Scott introduced and read ORDINANCE NO. 08-42 AUTHORIZING THE

Mr. Cruse called for a vote on the motion to adopt Ordinance No. 08-42.

       Roll Call on Suspension of Charter Rules:
              Yeas – Barbour, Cruse, Koomar, Pohlkamp, Scott, Tadych, Young
              Nays- None
       Roll Call on Suspension of Council Rules:
              Yeas – Barbour, Cruse, Koomar, Pohlkamp, Scott, Tadych, Young
               Nays - None
       Roll Call on Use of the Emergency Clause:
              Yeas -Barbour, Cruse, Koomar, Pohlkamp, Scott, Tadych, Young
               Nays - None
       Roll Call on Adoption:
               Yeas – Barbour, Cruse, Koomar, Pohlkamp, Scott, Tadych, Young
               Nays – None

Mr. Cruse announced adoption of Ordinance No. 08-42, an emergency measure, by a
vote of 7-0.


Mr. Koomar had no report this evening.


Mr. Tadych had no report this evening.


Mr. Barbour had no report this evening.


Mr. Pohlkamp stated that he covered his items in the agenda committee session held this
evening and had no further report.

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Bay Village City Council
Held April 21, 2008

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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