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					                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 2, 2007 AT 7:00 P.M.
Mr. O’Donnell called the meeting to order at 7:00p.m.

Mayor Larson led the opening.

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

Also present: Mayor Larson, Law Director Jack Morrison, Director of Finance David Bailey, Fire
Chief Jim Bowery, Police Chief Scott Bellinger, Park Board member Ron Meyer, BZA member Ann
Malorni and Deputy Clerk of Council Amy Locy.

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

A voice vote was taken and the motion passed unanimously.

Approval of Minutes:
     Mr. Beesley made a motion to approve the minutes of the regular Council meeting held
Tuesday, September 18, 2007. Mrs. Laubaugh seconded the motion.

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

The motion passed.
                                    REPORTS OF OFFICIALS

Mayor's Report:
1.      Mayor Larson introduced Mark Burns from Independent Energy Consultants (IEC). Mr.
Burns explained the fee schedule for the contract between his company and the City. He assured
Council that there is no Administration Fee, as with the current broker Buckeye Energy, just the
5¢per mcf paid by the consumer. He said that this is the same fee that the current aggregation
participants are paying, so they will not be seeing a raise in costs.

Mr. Burns passed out information that shows that IEC has a proven track record of securing lower
gas prices than Munroe Falls has seen for the last several years. He explained that his company is
ready to put out an RFP for several communities, but has been holding off so that Munroe Falls
could be included. If Council chooses to pass the IEC contract immediately then Munroe Falls will
be included in the RFP, but if they do not pass the contract legislation until the next Council
meeting then Munroe Falls’ RFP will not be included in the group.

Mr. O’Donnell asked what other communities will be included in the RFP. Mr. Burns said that Silver
Lake, Stow, Canton, and Green have already signed contracts with his company and are ready to
look for better offers from gas suppliers.

Mr. O’Donnell asked how IEC can get such lower prices. Mr. Burns explained that his company
has a better understanding of the market and that they have a better strike procedure. He spoke of
false or misleading strike deadlines used by other companies and said that waiting until later to
strike offers customers much lower prices. Mayor Larson agreed with Mr. Burns and explained that
Buckeye Energy requires all communities to strike their price by September 10th of each year. He
said that, when asked, Buckeye Energy was unable to give a reason for that date. He said that it is

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                                      RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 2, 2007 AT 7:00 P.M.
simply a date that Buckeye chose. He explained that he was able to strike a price lower than Stow
and Silver Lake by waiting until a later date to strike this year. That is how he got a price that is 20¢
per mcf cheaper.

Mr. Beesley asked if the 5¢ per mcf actually appears on the gas bill or if it is just included in the
total price of the gas supply. Mr. Burns said that it is included in the total price just like it is right
now.

Mr. Pitz said that he noticed that Mr. Burns’ specialty is in electric and asked if he could help with
getting lower electric prices too. Mr. Burns explained that he would probably not be able to do
anything with the electric prices because the State of Ohio is in a quazi-deregulation period that
was set by Governor Taft. He projected that this would continue for a few more years before it is
looked at again. He stated that this is only his educated opinion.

Mr. O’Donnell thanked Mr. Burns for coming to Council and speaking about his contract.

2.      Fall brush pick up will be: north side – October 8th through the 12th
                                     south side – October 15 through the 19th
He explained that these dates will be strictly adhered to and gave details on size and content of
brush that will be taken.
3.      Sean & Co., developers for the Dollar General site have submitted a revised storm water
plan to both Munroe Falls and Campbell & Associates for review. He mentioned that there is a
marketing sign on the construction site and explained that the sign is for the 2000 square foot
building that will go on the corner.

Mayor Larson further reported that the block foundation of the building has been installed but that
he is disappointed that no grass, asphalt or hay bails have been installed to stabilize the site. He
said that Mr. Klasik will speak to the contractors to get stabilization going immediately.
4.      The City had two water main breaks on Munroe Falls Avenue, but both were repaired prior
to the asphalt program start and will not affect the paving of the road. One break occurred on 9/28
and the second on 10/1, but these two were not related.
5.      The Summit County Health Department will be providing flu shots again this year. Cost is
$25 per shot unless you have insurance that will cover the cost. Employees will be offered shots at
the SMF Library on November 6th.

Mr. O’Donnell asked if there is any information to report on the revised plans from Sean & Co. The
Mayor explained that he is meeting with Campbell & Associates this week to discuss their
evaluation of the revisions. He said that from what he can see, the revised plans call for the
retention ditch to be moved eastward four feet. He said that there will be a mounded berm on the
west side of the ditch to further protect the driveway to Kathy’s Preschool. According to the revised
plans, the new ditch will hold 285% of a 100 year rain storm.

Mr. O’Donnell commented on the scheduled meeting with Russ Pry, Summit County Executive. He
said that he reviewed the agenda and asked that minutes or notes from the meeting be emailed to
Council members after the meeting is over. Mayor Larson and Mr. Morrison agreed.

Law Director:
1.      Mr. Morrison passed out a copy of the letter sent to Mr. Adams of the SMF School Board
for Council’s review and information.
2.      A letter, along with quotes for work, was sent to David Krummel of DaCath Development.
The letter allows 30 days for the needed work to be completed or the City will get the work done

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                                    RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 2, 2007 AT 7:00 P.M.
according to the quotes and the costs will be charged back to DaCath. Mr. Morrison explained that
his letter makes it clear that DaCath will be responsible for the costs and that the costs will not be
taken out of the Performance Bond.
3.       Reviewed the agenda for the meeting with Russ Pry, Summit County Executive. Mr.
Morrison explained that all documents to back up the City’s requests have been pulled and are
ready for the meeting.
4.       Mr. Morrison has received the documents from the OEPA for his public records request. He
said that he has not had time to thoroughly review each document, but it appears that the City will
be getting at least $110,000 SEP money and feels that the entire $250,000 SEP money may be
turned over to Munroe Falls. Mr. Morrison explained that there was a total of $500,000 SEP money
to be used in Phase I of the dam modification project and that the money was only to be used on
EPA approved portions of the project. According to the documents that have been received,
Summit County used some of the SEP funds to pave the parking lot. Pavement is not an EPA
approved portion of the project. He said that a complete accounting of all funds is still in the
process at this time.
5.       A letter has been sent to Mr. Warstahl of the Ohio Department of Natural Resources
regarding the drilling of an oil/gas well on the Sonoco property. Documentation from Silver Lake,
Cuyahoga Falls, and Munroe Falls opposing the drilling will also be sent to ODNR for their
inspection. No permit to drill has been issued at this time.

Mr. Pitz asked about the enforcement of the political sign code. He said that he saw a couple
extremely large signs during the September election and doesn’t want to see more going up for the
November election. He asked if we are enforcing our Code or are we allowing these oversized
signs. Discussion followed on signs in the City right-of-way versus signs on private property.

Mrs. Laubaugh said that nobody likes to see these huge oversized signs and she believes that all
sign Code should be enforced. Mr. Morrison explained that the City of Hudson had a lawsuit filed
against them by a resident with an oversized political sign in their yard and the ACLU took the case
to the resident. They claimed that the City’s code was infringing on the resident’s right to free
speech and the City lost the suit. It cost them a great deal of money for ACLU attorney fees.

Mr. Beesley said that the §1145.04 of the Codified Ordinances says that eight square feet is the
limit for political signs. Mr. Morrison said that he would review the process of notification for signs
on private property and will email his opinion to all Council members.

Mr. O’Donnell asked about the memo on the development of a CIC that Mr. Morrison was to
prepare. Mr. Morrison said that he would have that memo to Council in a few days.

Mr. O’Donnell mentioned the email received from Mr. Morrison about changing the Planning
Commission review and approval process. He asked how to get that new process formalized. Mr.
Morrison explained that the memo email went to all Planning Commission members and they have
begun review and discussions on the subject. The Commission has asked Mr. Morrison to attend a
PC meeting and discuss these changes. Mr. Morrison said that he plans to meet with the
Commission at their November meeting. Once the Planning Commission irons out the new
process it will be sent to Council via legislation.

President of Council:
Mr. O’Donnell had nothing to report.

Motions for Council: None


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                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 2, 2007 AT 7:00 P.M.
Director of Finance:
1.     Mr. Bailey has been looking at a spam blocker program for the City. The initial cost will be
approximately $1,200.00 and then will be $13.00 per year for each email account it is installed on.
He said that he will provide full instructions to Council members once the program is ready.
2.     The City will have a new co-op student from Tech Skills starting soon. This student will
work 15-20 hours per week for four or five weeks as an intern. Mr. Bailey will have the student
working on computer and network functions.

Service Director:
A written report was turned in.

Mr. O’Donnell said that one of the islands on Steeplechase Lane has a dead bush on it. He asked
that the Service Department pull the bush out and get rid of it.

Mrs. Madden said that there is a home on Guise Drive that has cars piling up on the property as
well a boat or two and a large pile of cinders. She said that the cars are parked on the grass. She
asked that Mr. Freiman stop by and check out the situation.

Chief Bellinger said that his officers have been to the home a couple of times and all the cars are
properly registered and plated. He said that the homeowner is doing some type of car repairs in his
garage. Mr. Freiman to review.

Mr. Toth asked about the timeline for the paving project. Mayor Larson said that Tallmadge Asphalt
will be grinding Munroe Falls Avenue today (Tuesday) and Wednesday and then paving will begin
immediately following. Once the grinding is done on Munroe Falls Avenue the crews will move onto
Northmoreland Avenue and begin grinding there. He said that all the paving should be complete by
Saturday 10/6.

Police Chief:
Chief Bellinger turned in a written report.
1.     The price on the trailer hitch for car #302 will be $249.00 rather than the reported $349.00.

Fire Chief:
Chief Bowery turned in a written report.
1.     Fire Prevention Week begins Sunday, October 7th. The Fire Association will have a
pancake breakfast on Saturday, October 6th from 7:00 a.m. to 11:00 a.m. to kick off the week’s
events. Donations will be accepted.

                                   REPORTS OF COMMITTEES

Community/Economic Development:
Mr. Pitz reported for the absent Mr. Bertsch.
1.      The Planning Commission approved the following applications:
        a. A new LED sign for the Circle K.
        b. A business license and business identification sign for Reliable Home Services.
2.      A workshop with Jack Morrison to review Planning Commission review and approval
procedures was requested.
3.      A workshop to discuss the Gaylord Drive issue will be held on October 4th in the Safety
Training Room.
4.      A workshop to discuss the River Park Estates development will be held on October 10th in
Council Chambers.

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                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 2, 2007 AT 7:00 P.M.
Finance/Audit:
1.    A check register dated September 11, 2007 was reviewed.
2.    Proposed Resolutions #14-2007, #44-2007, #46-2007, and #47-2007 were discussed.
3.    Budget review meeting scheduled for Thursday, November 15th at 7:00 p.m.

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

Public Safety:
This committee has not met since the last Council meeting.
1.     There will be an EMS Commission meeting on October 10th at 7:00 p.m.

Chief Bellinger asked that the COG dispatch issue be added to the EMS Commission agenda.

Parks & Recreation:
1.       The Park Board continues to be one member short since the resignation of Mike Barnes.
2.       Working to finalize the Park Rules and Regulations. Alcohol is the final issue to iron out.
3.       Halloween event scheduled for Saturday, October 27th. Mayor Larson explained that he has
contacted Principal Harriss from Riverview and she is happy to have her students participate. The
City will provide 400 pumpkins for the students to decorate. Decorated pumpkins will be displayed
in the school gym on Friday, October 26th and will be judged on Saturday, October 27th from 3:00
pm. to 5:00 p.m. There will be a parade of Halloween costumes for kids up to 10 years of age and
will include parents in costumes and pets in costumes. If the weather is bad the parade will be
moved into the gym. Mayor Larson is currently working on getting the pumpkins.

Persons to Appear Before Council:
There were no persons signed to speak before Council.

                                   PROPOSED LEGISLATION

Ordinances for 1st Reading: None

Ordinances for 2nd Reading: None

Ordinances for 3rd Reading:
Prop Ord #2007-19                    AN ORDINANCE ESTABLISHING SECTION 163.23,
                                     STORM SEWER PREVENTATIVE MAINTENANCE AND
                                     OPERATION FEES, IN THE CODIFIED ORDINANCES OF
                                     THE CITY OF MUNROE FALLS IN ORDER TO CODIFY
                                     THE PREVIOUSLY ESTABLISHED STORM SEWER
                                     PREVENTATIVE MAINTENANCE AND OPERATION
                                     UTILITY FUND, AND AMENDING SAID FUND POLICY.

      Mr. Beesley made a motion to adopt Proposed Resolution #2007-19. Mr. Toth seconded
the motion.

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

The Ordinance was adopted and assigned permanent number #19-2007.

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                                 RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 2, 2007 AT 7:00 P.M.
Prop Ord #2007-20           AN ORDINANCE AMENDING SECTION 1131.03,
                            CONDITIONALLY PERMITTED USES, OF THE CODIFIED
                            ORDINANCES OF THE CITY OF MUNROE FALLS, STATE
                            OF OHIO.

    Mrs. Laubaugh made a motion to return Proposed Ordinance #2007-20 to the Planning
Commission for further review. Mrs. Madden seconded the motion.

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

The motion passed unanimously.

Mr. Morrison explained that it is better for Council to return this legislation to the Planning
Commission rather than vote it down because if someone else brought this issue before Council at
a later date it would be a negative reflection on Council to vote yes on the later issue. This way
Council is returning the legislation to the Planning Commission which is where it originated.

Resolutions for the 1st Reading:
Prop Res #47-2007                A RESOLUTION ACCEPTING THE AMOUNTS AND RATES
                                 AS DETERMINED BY THE BUDGET COMMISSION,
                                 AUTHORIZING THE NECESSARY TAX LEVIES AND
                                 CERTIFYING THEM TO THE COUNTY AUDITOR, AND
                                 DECLARING AN EMERGENCY.

      Mr. Beesley made a motion to suspend the rules and omit all further readings of Proposed
Resolution #47-2007. Mr. Toth seconded the motion.

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

The motion passed unanimously.

      Mr. Beesley made a motion to adopt Proposed Resolution #47-2007. Mr. Toth seconded
the motion.

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

The Resolution was adopted and assigned permanent number #2007-42.

Resolutions for the 2nd Reading:
Prop Res #14-2007                A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
                                 INTO AN AGREEMENT WITH ORIANA HOUSE, INC., FOR
                                 THE PROVISION OF A PROGRAM TO PROVIDE
                                 CONFINEMENT AND ALCOHOL REHABILITATION TO
                                 ADULTS AS WELL AS A HOME INCARCERATION


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                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 2, 2007 AT 7:00 P.M.
                            PROGRAM TO THE CITY OF MUNROE FALLS, AND
                            DECLARING AN EMERGENCY.

      Mr. Beesley made a motion to suspend the rules and omit all further readings of Proposed
Resolution #14-2007. Mrs. Laubaugh seconded the motion.

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

The Resolution was adopted and assigned permanent number #2007-40.

Prop Res #44-2007                    A RESOLUTIONAMENDING THE 2007 APPROPRIATION
                                     RESOLUTION #25-2006, AND DECLARING AN
                                     EMERGENCY.

      Mr. Beesley made a motion to suspend the rules and omit all further readings of Proposed
Resolution #44-2007. Mrs. Laubaugh seconded the motion.

Mrs. Locy interrupted the meeting to explain that this Resolution could not be passed at this time
because the Director of Finance was asking for an amendment to the Resolution. She explained
that Council must first vote to amend and then Proposed Resolution #44-2007 – Amended will
appear on the next Council agenda for a 3rd reading.

Mr. Beesley withdrew his motion to suspend the rules and omit all further readings of Proposed
Resolution #44-2007. Mrs. Laubaugh withdrew her second to the motion.

       Mrs. Laubaugh made a motion to amend Proposed Resolution #44-2007 as submitted by
the Director of Finance. Mr. Beesley seconded the motion. A copy of said submission is attached
hereto.

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

The motion passed and the Resolution was amended.

Prop Res #45-2007                    A RESOLUTION TO ADOPT THE SOLID WASTE
                                     MANAGEMENT PLAN FOR THE SUMMIT AKRON SOLID
                                     WASTE MANAGEMENT AUTHORITY, AND DECLARING
                                     AN EMERGENCY.

This was a second reading only.

Prop Res #46-2007                    A RESOLUTION AUTHORIZING AND DIRECTING THE
                                     MAYOR TO ENTER INTO AN AGREEMENT WITH
                                     INDEPENDENT ENERGY CONSULTANTS, INC. FOR
                                     CONSULTING SERVICES AND ANY OTHER REQUIRED
                                     SERVICES RELATED TO THE CONTINUATION OF THE
                                     NATURAL GAS AGGREGATION PROGRAM FOR THE


                                                                                                     7
                                  RECORD OF PROCEEDINGS

CITY OF MUNROE FALLS REGULAR COUNCIL MEETING

HELD TUESDAY, OCTOBER 2, 2007 AT 7:00 P.M.
                            CITY OF MUNROE FALLS, AND DECLARING AN
                            EMERGENCY.

      Mr. Beesley made a motion to suspend the rules and omit all further readings of Proposed
Resolution #46-2007. Mr. Toth seconded the motion.

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

The motion passed unanimously.

      Mr. Beesley made a motion to adopt Proposed Resolution #46-2007. Mr. Toth seconded
the motion.

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

The Resolution was adopted and assigned permanent number #2007-41.

Resolutions for 3rd Reading:

Old Business:
1.     The ‘Hidden Drive’ sign for Mr. Williams on Northmoreland Avenue was brought up. This
Resolution was moved to Taking Time at the last Council meeting but does not appear on this
agenda. Mr. Pitz reported that spoke with Mr. Williams and the sign is no longer needed. Mr.
Morrison said that the Resolution will appear on the next agenda under Resolutions Taking Time
and Council can vote it back on the table for consideration.
2.     Mr. O’Donnell asked about the sidewalk legislation. This legislation will appear on the next
agenda for Council consideration.

New Business: None

Adjournment:

      Mrs. Laubaugh moved to adjourn the meeting. Mrs. Madden seconded the motion.

A voice vote was taken and the meeting was adjourned at 8:05 p.m.




President of Council                                        Deputy Clerk of Council




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