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									                                                              Approved Minutes 03/24/2009
                                                                                 Page 114



                                City of Olmsted Falls
                       Minutes of a Regular Council Meeting
                 Tuesday, March 24, 2009, at Olmsted Falls City Hall
                  26100 Bagley Road - Council Chambers, 7:30 p.m.

The Pledge of Allegiance was recited. Mayor Blomquist called the meeting to order at 7:30 p.m.
Roll call was conducted. Councilmen Garry Thompson, Ann Marie Donegan, Kathleen
Fenderbosch, Linda Garrity, Charles McManus, Michael Taylor and Colleen Majeski were present.

Also in attendance: Paul Murphy, Law Director, Kimberly Sperling, Director of Finance, Stan
Wares, Service Director. Audience: 8.


Approval of Minutes:
Mr. Thompson moved to approve the minutes from the Regular Council Meeting of March 10,
2009; Ms. Fenderbosch seconded. Poll: 7 ayes, 0 nays. Motion carried.


Consideration of Amendment to Agenda:
Mr. Thompson moved to include Resolution 23-2009 ratifying the contract negotiated between the
City of Olmsted Falls, Ohio and the International Association of Firefighter’s Local 2373 and
declaring an emergency to tonight’s agenda; Mr. Taylor seconded. Poll: 7 ayes; 0 nays. Motion
carried.

Mayor’s Report and Appointments:
Mayor Blomquist stated that he has distributed to Council a copy of a facsimile which was addressed
to Mr. Bob McLaughlin from Mr. Zorc, who is with the County Department of Development. He
stated that County Development has selected four or five cities throughout the county to participate
in a Senior Safety Program. This program tries to identify seniors that are in need of minor home
repairs. They would like to request that the city waive the contractor registration fees and since
these repairs are minor, Mr. McLaughlin has stated that the contractor’s would not be required to
obtain permits.

Ms. Donegan moved to waive the contractor registration fees for the Senior Safety Program; Ms.
Majeski seconded.

Mr. Taylor asked if the contractor’s involved are registered with the city and able to conduct
business. Mayor Blomquist stated that the contractor’s will register but the $100.00 fee will be
waived. Ms. Majeski asked if waiving these fees had been done in the past. Mayor Blomquist stated
that this is the first time this request had been received from the County.

Poll: 7 ayes; 0 nays. Motion carried.
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Mayor Blomquist stated that Chief Potts and Chief Gilles forwarded a copy of correspondence from
Mr. Tim Atkinson, Director of Business Affairs, which stated that after April 6, 2009 if the city
would like to use a school facility on the weekends there will be a $40.00 per hour charge in order to
help neutralize the cost of providing janitorial service.

Mayor Blomquist stated that the city has had a request from a resident, Heather Polintowski, who
operates a group called “New Leash on Life.” If everyone recalls she is the one who was raising
money at Falls Day in the Park to help an injured bulldog at who needed an operation. She would
like to hold an event in May in East River Park. He stated that the city does not have a good
facilities use policy and that he is receiving more of these types of requests from residents. He
would like to request that one of the council committees discuss this issue and develop a facilities
use policy which would set fees, develop a reservation policy, etc. He circulated this request as if it
was an application in order to get comments from various department heads. It was decided that she
could use the park as they are open to the public but the city cannot guarantee that the pavilion will
be available as that is on a first come first serve basis. He stated that he has requested that Ms.
Polintowksi not make any sales at this event as the city does not allow sales in the public parks. If
there is an extraordinary amount of trash she must take all of it with her when she leaves the event
that day. He stated that these are very loose conditions and rather than deal with these requests
situationally as they come up perhaps the city should formulize some type of policy.

Ms. Donegan stated that in 2002 the Community Development Committee went through an
extensive, and actually picked up from the Ed Dean and Ursula Mixon days, where there was a
facility use policy being developed, it was discussed for about a year and then tabled because they
decided that the city didn’t need one, so whichever committee decides to take this project that would
be a good starting point. Ms. Fenderbosch asked if the facility use policy would include the Jenkins
Center. Mayor Blomquist stated that it could, it could also include the meeting rooms at the fire
station and the meetings rooms here in the administration building. He stated that he believes the
Park and Recreation board have started working on policies for the use of the parks but does not
believe that they have completed them. Mr. Thompson stated that he would recommend that
Community Development work in conjunction with Park and Recreation Board in order to develop
this policy. Ms. Donegan stated that the document that was being created in 2002 included any
opportunity for meeting space but did not extend to the parks. Mr. Taylor stated that he believes a
policy would be appropriate for the Jenkins Center or the meeting rooms at the fire station but as far
as the park system it has been established that those are open to the public on a first come first serve
basis and would not like to restrict the residents. Mayor Blomquist stated that in the absence of any
authority the city does not have the ability to request a deposit to cover the cost of any extensive
clean-up. Ms. Fenderbosch stated that if the committee chairmen’s decide they do not wish to work
on this policy she would volunteer her time, with another council member, and/or Ms. Garrity has
volunteered to work on this during the legislation committee meetings.

Mayor Blomquist stated that he will be out of town from Thursday, March 26th and will return on
April 1st, he will leave a letter with the Clerk of Council asking Mr. Thompson to act as Mayor in the
interest of the municipality.
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Communication from Residents:
Roy Grospitch, 25645 Taylor Street, stated that three years ago while he was a member of the
Park and Recreation Board there were discussion regarding the splash pad. He stated that they did
meet with Mr. Ingrassia and at that time it was decided that at the time they were looking at a splash
pad that would be 1200 square feet. He stated that in his opinion, this is a good project but the
location is not right, the residents that live around the Village Green have spoken and he believes
that Council should take that into consideration. He stated that this feature should be put where the
new park was going to be created, there is plenty of room there, the city could then construct a
concession stand, put a fence around the feature, install a parking lot, the city could perform a lot of
the work and the utilities are already there. He stated then the city could charge admission to the
splash pad and the proposed new park location is perfect for it. He stated that he has spoken with
Ms. Knaggs and volunteered to help her in any way that he could. He stated that the park and rec
board put a lot of money into the Village Green Pavilion for nothing and this feature should not be
located there and feels that it would be a detriment to the area.


Approval of Bills:
Mr. Taylor moved to approve Pay Ordinance 2009–06; Mr. Thompson seconded. Poll: 7 ayes, 0
nays. Motion carried.


Officials Reports:
Stan Wares, Service Director
Mr. Wares stated that he has a requisition in the amount not to exceed $4,500.00 and this is needed
in order for the service department to fill in ditches along Lewis Road, north of Water. He stated
that the city needs 840 feet, there is a blanket requisition in the amount of $6,000 but he believed it
would be best to bring a new requisition to Council for this amount. The vendor is HD Supply and
Waterworks for 840 feet of 12 inch ADS piping.

Ms. Donegan moved to approve a requisition in the amount not to exceed $4,500.00 to HD Supply
and Waterwork to supply storm water piping on Lewis Road; Ms. Fenderbosch seconded. Poll: 7
ayes; 0 nays. Motion carried.

Ms. Donegan asked if Mr. Wares had any idea when the road repairs would begin for Lewis, Usher
and Stearns. Mr. Wares stated that the discussion for Usher Road is next year sometime, and
believes that Lewis is in 2010 as well. Mayor Blomquist stated that he does not believe that Lewis
Road will be started until 2013, according to a letter he received from the County Engineer.


Kim Sperling, Finance Director
Ms. Sperling stated that she would like to ask Council for approval on the three requisitions that she
distributed to Council.

Mr. Thompson moved to approve a requisition to AT & T Global Support Services in the amount of
$2,879.64 for voice mail support; Mr. Taylor seconded. Poll: 7 ayes; 0 nays. Motion carried.
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Mr. Thompson moved to approve a requisition to Price & James in the amount of $3,665.00 for one
year maintenance agreement for the HVAC maintenance; Mr. Taylor seconded. Poll: 7 ayes; 0
nays. Motion carried.

Mr. Taylor moved to approve an increase of $4,000.00 to the blanket requisition to Littler
Mendelson, the city’s labor attorney; Mr. McManus seconded.

Ms. Donegan asked if these were the attorney’s that were updating the Collective Bargaining
Agreements. Mayor Blomquist replied that they were and that they would also be adding new
language to the new contracts. He stated that the reason for the increase is that Littler Mendelson
were asked for a written opinion regarding the Lieutenant to Asst. Chief title change within the fire
department and that consumed the initial dollars there were set aside for the negotiation process.
Ms. Donegan asked what the projected costs for the Collective Bargaining Agreements would be as
in years past total costs have been as high as $30,000. Mayor Blomquist stated that those high costs
were associated when the attorney’s were directly involved in meetings, this year, the attorney’s
have only attended one meeting as he has been able to handle most of the meetings himself. He
stated that he does not feel that the city will need the attorneys beyond contract language. Ms.
Majeski asked how much had been spent so far. Ms. Sperling stated that the city has spent a little
over $6,000 but very little of that was spent on negotiations most of this expense was for their
written opinion regarding the fire department’s change in titles. Ms. Donegan stated that during the
discussion regarding the change of title from Lieutenant to Asst. Fire Chief, she was not aware that
the city would receive a $4,000 invoice for that opinion. She stated that she would have appreciated
knowing that speaking with the legal attorney would produce close to a $4,000 cost for the opinion.

Ms. Garrity asked for point of order which she was granted. Ms. Garrity asked if the city had
already been invoiced for the extra $4,000 Ms. Sperling is requesting. Mayor Blomquist stated that
the city had not been invoiced yet, and explained that a lot of the $6,000, which was the original
requisition amount, was used because of the written opinion for the fire department. Ms. Garrity
stated that if this motion does not pass would that mean that Littler Mendelson would not be paid
for services already performed. Mayor Blomquist stated that Council is voting on whether to raise
the blanket requisition by $4,000. Ms. Garrity asked if there was a benefit to changing the titles
within the fire department. Mayor Blomquist stated that the fire chief feels that there will be a
benefit, and that the reasoning behind the change is that Chief Potts is expecting to retire next June
and would like Lt. Munteanu to at least act as interim chief while promotional exams are held next
year for a replacement.

Poll: 5 ayes; 2 nays (Donegan, Majeski). Motion carried.


Councilman Linda Garrity, Ward III
Ms. Garrity stated that the Legislation Committee, which meets the 3rd Monday of April, would be
happy to put on the agenda a discussion regarding developing a facility use policy.


Councilman Kathleen Fenderbosch, Ward I
Ms. Fenderbosch moved to approve Requisition 16379 to Michael Benza & Associates for
engineering, site work, plans, bid specs and bid awarding not to exceed $14,000.00 for Fernwood
repairs; Mr. Thompson seconded. Poll: 7 ayes; 0 nays. Motion carried.
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Ms. Fenderbosch moved to approve Requisition 16378 to The Plastic Lumber Company, Inc. for 8
replacement “Welcome To” signs and one “Service Department” replacement sign in the amount of
$11,592.00; Mr. Thompson seconded. Poll: 7 ayes; 0 nays. Motion carried.

Ms. Fenderbosch moved to approve Requisition 16377 to Rayco for the purchase of one Rayco RC-
12 drum style brush chipper with an extra set of knives in the amount of $24,500.00; Mr. McManus
seconded. Poll: 7 ayes; 0 nays. Motion carried.

Ms. Fenderbosch stated that one of the new signs is located out front at the Administration
Building.

Ms. Fenderbosch stated that she has read House Bill 55 which was introduced by Rep. Brian
Williams and Rep. Courtney Combs concerning cruelty law for animals and make it a 5 th degree
felony. She stated that she has asked Mr. Murphy to present a Resolution regarding this as well as
getting her a copy of H.B. 55.


Councilman Charles McManus, Ward IV – No Report


Councilman Michael Taylor, Council-at-Large
Mr. Taylor stated that today he and the Clerk had an opportunity to have a conference call with the
NLC regarding the prescription discount program. He stated that there are 65 to 70 currently in the
program which began in October, 2008 with an additional 65 to 70 cities that are in the process of
joining. He stated that the NLC will furnish a monthly report to the Clerk who will then distribute to
Council, which will show how many times the cards were used, the total dollar amount saved for,
and an average percentage of savings compared to the retail price. The cards can be used for
residents who choose to purchase their prescriptions by mail but they don’t typically see a lot since
those medications have to be purchased in quantities. Also, for the pet lovers, if a resident has a pet
that is prescribed medication, 80% of the time the card will also give the owner a discount as well.
He stated that if a resident has a prescription plan but the drug prescribed is not covered they can at
that time use the card. The pre-launch and launch releases, posters and pop-up stands will be sent to
the Clerk and they will be kept within the Clerk of Council’s office. In order for a resident to obtain
a card the Clerk will ask for proof of residency in order for the city to monitor and make sure the
cards are being distributed to our residents. He stated that at the beginning of the program the NLC
will send out 10% of the total population in cards which is approximately 800, but the city can
reorder if needed.


Councilman Colleen Majeski, Ward II
Ms. Majeski stated that Mr. Borczuch sent her a memo regarding the 2009 Ford Park and
Recreation truck which was approved on 3/10/09. She stated that there was an error when the quote
was written as the salesman at Mike Bass Ford punched the wrong code for the truck, when he was
putting the quote together he punched in a 2-wheel drive instead of the 4-wheel drive. She stated
that there will be an additional cost of $2,550.00 for the vehicle. The new requisition does include
the correct purchase price, the Park and Recreation Board members were polled with 7 ayes and 1
unavailable.
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Ms. Majeski moved to approve Requisition 16380 dated 03/19/2009 to Mike Bass Ford for the
purchase of a 2009 Ford F-450 4x4 cab in the amount of $52,389.50; Mr. Taylor seconded. Poll: 7
ayes; 0 nays. Motion carried.

Councilman Ann Marie Donegan, Council Pro-Tempore
Ms. Donegan congratulated the Olmsted Falls academic team who placed first in the academic
challenge which aired this past Saturday. She stated that she will be putting forward a resolution to
acknowledge. She stated that this team has done some amazing things, not only locally have they
brought $7,000 worth of grants back to the school but they have also done some things on a
statewide basis and she is proud of them.

She stated that she is currently working with Chief McNeeley regarding the bike program, and
asked Ms. Sperling for another copy of the police inventory once completed she will bring forward
for Council’s disposition.

She stated that regarding Safety Committee, she would like to make certain that the SOP’s are
completed prior to the collective bargaining agreement as this document was used interchangeably
within the collective bargaining agreements over the last 10 years and has caused a great issue in
terms of interpretation of that and hopefully those SOP’s get revised and updated; they will also
need to be adopted by Council and we need to make certain in the review of that that this is
consistent. The speeding and pedestrian campaign, she was integral in bringing that project forward
as something Safety wanted to accomplish and expects to be kept in the loop and she would like to
continue to work on this project. She stated that Ms. Majeski and herself have had some preliminary
discussions with PTA and was certainly disappointed that the article was omitted from the
newsletter. She knows, by being a co-editor of the newsletter in the past, that there is only so much
space to work with but she does internally hold the award as always submitting her article ahead of
time and works very hard at putting thoughts together so they are informative for the community,
there is nothing that says in any rules of the newsletter that if you are not a part of a committee you
can’t write a particular article and she did not receive any notice that the article was going to be
omitted. She knows that Mike Taylor had some issue with that in the past and believes, at the very
least, if something is going to be omitted there should be a discussion about what message we are
trying to get out in the newsletter as opposed to just omitting articles. She takes time out of her day
to make certain that she thinks about the newsletter and what kind of message she wants to get
across and would appreciate that consideration in the future.

Ms. Donegan stated that the 1970 Olmsted Falls Ordinance book is missing, which was discovered
when she was looking because of some requests from D. Vanyo regarding the ordinance governing
the Board of Ethics and the investigatory powers. During that research it seems our Clerk was
unable to locate the 1970 Olmsted Falls Ordinance book and believes that this needs to be in order
and located. Additionally, there is a type of table that tells you where to cross reference, when you
look into the Board of Ethics the cross reference is incorrect it directs you towards another issue.
She stated that for whatever its worth, as we codify the ordinances we really need to look at that
whole process to make certain that everything is correct and she believes that the Ordinances should
be codified annually and everyone should receive a copy.

She stated that there was a lot of dialogue at the last council meeting regarding unions and her
motion to appoint a councilman to the collective bargaining negotiations or forming a committee.
There was talk about that and someone made the statement that she was mumbling, but, she
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believes that her motion, Mr. McManus, did outline that she was not suggesting that she be
appointed she just wanted a council person at the table. Obviously this was done in mid-stream
because the collective bargaining negotiations have already been under way for months. She asked
the Clerk, because Ms. Donegan states that she has a fairly good memory and since this is such of
key importance because Council must vote on the contracts, the mayor can negotiate but we vote on
it, and she believes that there should be somebody from Council at the table as 2 heads are better
than one, the Clerk could not locate anywhere in the minutes, since there was clearly a contention
made by the mayor that he made a comment like this, but that comment was not made in the council
minutes. Now, if the comment was made in executive session, it was clearly after the negotiations
had already been moving forward. She would just ask that in the future, before the collective
bargaining negotiations begin that this issue become a strong consideration that this body should
make, by whoever is sitting at these seats. She stated that there was a lot of further discussion
regarding whether she could have any information regarding that was provided during negotiations
and the message she walked away with was ok sure we will get you that information, but what has
come through is that Council can’t be provided the information and the mayor was going to talk to
the OPBA, which is only one of the unions that the city is negotiating with, she state she didn’t
understand that. She would like to request all of the information that was exchanged during the
collective bargaining discussions in order for her to sit down and review these agreements. She
stated that the resolutions are on first reading without the contracts, which means 2 weeks are going
to go by and Council will not have the chance to dialogue and she would like the information
without having to ask 50 million times, which she seems to have to ask and ask and ask, if you
could respect that she would really appreciate it.

On a lighter note, she attended a marketing meeting at Southwest General and they will be
instituting a disaster pilot that will occur begin in a couple of weeks, and what was unbelievably
interesting to her and made her very proud, was that Randy Kembro, who is one of our firefighters,
was instrumental in developing a software program for disasters that will track some patients. Mr.
Kembro and Jackie put together and designed the software, they then sold it to the state and one of
the pilot programs chosen was Southwest General. She stated the city has such great resources here
with employees and she would really like to see that Mr. Kembro gets recognized for this
accomplishment, since Dustin is not here this evening she will make sure to mention it to him at the
News Sun. She stated that this is an example of someone who works tirelessly, on his own time,
doing great things for not only his community but for the state and she is proud of Mr. Kembro.

She stated that the Clerk of Council evaluations are due and she will be circulating those and as well
as the planning commission get everyone’s input.

She stated that her last comment is that there were a couple of statements made at the last council
meeting that disturbed her and concerned regarding the bias she has towards perhaps unions and she
would ask that her colleagues wrestle with their own conscious’ as we all do when we vote on
anything, you have to be the one that lays your head on the pillow and so on and so forth. “She
does not want to sound like Norma Ray up here as a martyr for the working class but it is truly a sad
day in this country when you can’t be close and supportive of our unions and our work force and
respected as such and still maintain positions that best serve the community. I am proud of the fact
that our unions as such our work force holds me in high regard, I have not always supported them.
In fact I remember a very heated argument of not putting a fire levy sign in my yard, so that is a
good example. But, I have always respected them and my record is clear in that regard. It is from
that basis that our mutual respect is derived, respect and openness is the very cornerstone of not
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only good collective bargaining but it also reflects good government.” She wanted to kind of put
that to rest cause she was kind of taken aback by those comments.

And lastly, as long as we are speaking about openness, colleagues have come to her recently and
expressed disappointment that she remains very silent regarding the “investigation” of recent
incidents and the unfair attempts to thwart or shrink its focus. “It seems to me that the obvious and
most prudent course of action would be to, in an open meeting, explore the recent past that lead up
to the event in question. As much as Mr. Murphy attempts to orchestrate a trunkashion of this issue
it is certainly more than a morning phone call. No one including me, wants to revisit 10 years of bad
behavior, it is imperative however, if it is to be looked at all, to visit the recent past as it relates to
both the actions of myself and Lt. Battaglia and the actions and/or inactions of the Mayor, Police
Chief Gilles, Council President Thompson, and again Lt. Battaglia during this past year and equally
imperative to do so in the open for the public’s consumption. Clearly this matter is not complicated,
it could certainly be accomplished by the body of Council if they choose, I don’t advocate spending
any money either as the city is facing a $318,000 deficit, without all of the melodrama presented by
Mr. Murphy. In any event I remain committed to serving my constituents and welcome the inquiry
in whatever form it takes as long as it is in the public view. I am not inclined to comment further on
this issue.”

Councilman Garry Thompson, Council President
Mr. Thompson stated that he distributed to Council a new requisition for the 2009 Ford Expedition
which will save the city $700.00 instead of spending additional monies. The quote that was
received was believed to be on an STS, State Term Schedule, which it was not and discovered when
Ms. Sperling was getting the financing together. The city then spoke with 32 Ford Mercury in
Batavia, Ohio which is on an STs Schedule and in doing so Ms. Sperling saved the city $700.00.

Mr. Thompson moved to vacate Requisition 16848 and replace that with Requisition 16830 in the
amount of $29,321.82 to 32 Ford Mercury for the 2009 Ford Expedition; Mr. Taylor seconded.
Poll: 7 ayes; 0 nays. Motion carried.

Mr. Thompson moved to approve Requisition 16841 to Warren Fire in the amount of $3,480.32 to
replace two sets of personal protective equipment for the fire department; Ms. Majeski seconded.
Poll: 7 ayes; 0 nays. Motion carried.

Mr. Thompson stated that the city newsletter has been mailed to the residents. He stated that he did
try to put in as many articles as he could but it is impossible to put in everyone’s articles. He stated
that basically each councilperson is limited to 75 words, font 11, arial narrow. He stated that there
was a lot more submissions from a lot of other departments so there was more variety this time.
The articles that were not in the newsletter will be held and they will be given priority for the next
newsletter.

Mr. Thompson stated that at the last Council meeting there was a request to the Law Director for a
determination regarding the scope of the Planning Commission’s review of the Splash Pad and
Planning also recommended that this be obtained and Mr. Murphy has given Council that
determination. He stated that Mr. Murphy also gave Council a determination for ABR regarding the
splash pad.
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Mr. Thompson stated that he received a memo, via email, and Council was distributed that memo
tonight regarding the Council investigation. He stated that these proceedings will be done in an
open forum and the memo outlined a number of different ways that Council can proceed with this
investigation, there are certain ones he would not recommend, for example having our police
department investigate, Council can discuss this further during a work session to determine how
everyone would like to proceed. He stated that he has made some inquiries to outside agencies and
they will not perform an investigation without payment.

Mr. Thompson moved to approve up to $2,500.00 for the purposes of this investigation; Mr. Taylor
seconded.

Ms. Garrity stated that one of the options in Mr. Murphy’s memo was that he would volunteer his
services and asked if there would be a fee. Mr. Murphy stated that he could perform the services
which would be based on his hourly rate. Ms. Fenderbosch reiterated that she will not expend any
taxpayer money for this investigation. Mr. Thompson stated that if Council goes outside the city
which he believes we should, there could be some costs, obviously if he could do this without any
cost he would. In his opinion, he does not believe that Council is equipped legally to do this
investigation on their own and the memo suggests that somebody may need to determine whether
this should be a criminal investigation or not, his first choice would be to get somebody from the
county prosecutor’s office. He would like to discuss the list Mr. Murphy presented to see what
Council could do and hopefully as inexpensively as possible. Mr. Taylor stated that since he made
the original motion and at this point in time he understands that no one wants to spend money on
this so if he needs to assist in taking other avenues or options he would be glad to. He stated that he
made the motion because in his opinion, this is a two-way street regarding this entire incident and
getting to the bottom of it and holding everyone should be held accountable. He stated that in his
opinion, Council should move forward and figure out if there is an option of getting free help
instead of approving this motion and then came back to the table at that point in time and explain
that there is no one that will do this cart blanche and then figure out what course of action should be
taken. Ms. Fenderbosch stated that prior to approaching anyone Council needs to figure out what
the scope of the investigation is going to be. Mr. Taylor stated that since some of Council did not
receive Mr. Murphy’s memo until this evening, he believes that everyone should be given a chance
to review it and then decide what course of action should be taken. Ms. Majeski stated that she
seconds that opinion, but she agrees with Mr. Thompson that money needs to be put aside just in
case. She stated that from what she has read of the memo it leans towards a criminal investigation
but does not believe that Council has grounds for that. She stated that she would be willing to work
with everyone to come up with some questions in order to create a more detailed scope of where we
want to go with this. Mr. Thompson stated that he has made a request twice regarding the scope and
what kind of funding Council wanted to expend. He stated that he believed the scope of the
investigation had been decided. He believed the scope would begin basically from the time the
officers were called to Ranger’s home until the time that the phone call was made, that is how he
understands it from the minutes and now he is asking for the funding if the answer is no, then he
will move forward and see if he can find someone that would do this either through the county or
some other agency, or determine what this investigation would cost through an outside agency. Ms.
Fenderbosch stated that there was discussion about the scope and she wanted to make sure that
Council had decided and she does believe that the scope would be from the call about Ranger but
then Ms. Majeski stated that it wasn’t decided. Ms. Majeski stated that to the best of her recollection
the discussion regarding the scope was stopped in the middle because in her opinion it steering one
Council member towards an opinion that he may not have been able to make and that is reflected in
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the minutes but she would rely on her colleague’s collective memory if they remember differently
but she remembers cutting off the conversation as she felt it was not fair at the time. Mr. Taylor
asked if this issue could be placed on the work session agenda in order to narrow down exactly
which way Council would like to proceed. Ms. Fenderbosch stated that there should also be a
discussion as to who will be participating in this investigation, obviously if Ms. Donegan is going to
be a part then Lt. Battaglia and anybody else involved should be a part of it as well, otherwise, there
will be individuals who state that this investigation is one sided.

Poll: 1 aye (Majeski); 6 nays. Motion failed.


Paul Murphy, Law Director
Mr. Murphy stated that he has a copy of H.B. 55 that Ms. Fenderbosch requested and will leave it
with Ms. Mancini and if there are any members of Council that would like a copy please ask her.
Mr. Murphy also requested an executive session to discuss pending and imminent litigation.


Old Business:

Ordinance 15-2008
      AN ORDINANCE AMENDING CHAPTER 1468 OF THE CODIFIED ORDINANCES
      OF THE CITY WITH REGARD TO THE CONSTRUCTION OF FENCES. Tabled.

Mr. Thompson moved to remove from table; Mr. Taylor seconded. Poll: 7 ayes; 0 nays. Motion
carried. Mr. Thompson moved to withdrawal; Mr. McManus seconded. Poll: 7 ayes; 0 nays.
Motion carried.


Ordinance 16-2008
      AN ORDINANCE AMENDING SECTION 1274.03 OF THE CODIFIED
      ORDINANCES OF THE CITY WITH REGARD TO THE LOCATION OF FENCES IN
      NEW DEVELOPMENTS. Tabled.

Mr. Thompson moved to remove from table; Mr. McManus seconded. Poll: 7 ayes; 0 nays.
Motion carried. Mr. Thompson moved to withdrawal; Mr. Taylor seconded. Poll: 7 ayes; 0
nays. Motion carried.


Resolution 89-2008
       A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT
       WITH TAC COMPUTERS FOR THE PURCHASE OF SEVEN (7) MOBILE DATA
       TERMINALS AND ASSOCIATED SOFTWARE AND EQUIPMENT FOR THE
       POLICE DEPARTMENT, AND DECLARING AN EMERGENCY. Tabled.

Mr. Thompson moved to remove from table; Mr. Taylor seconded. Poll: 7 ayes; 0 nays. Motion
carried. Mr. Thompson moved to adopt; Ms. Donegan seconded.
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                                                                                  Page 124


Mr. McManus stated that during the discussion regarding purchase of these units, he believes that
the heavy duty support and mounts should be purchased in order to possibly swap the units in and
out of cruisers and hopes that this is still a consideration. Mayor Blomquist stated that there was a
discussion in a Safety Committee meeting and it was determined that interchanging these units
between vehicles would probably cause the contact points to be worn out. He stated that Chief has
made him aware that he would like to get mounts installed in all of the vehicles in order to
consolidate equipment. Ms. Donegan stated that Mr. McManus is correct, but the Chief felt that
there will be more wear and tear on the equipment. Mr. Thompson stated that he would also like to
note that Ms. Sperling has requested that Mr. Murphy give his opinion based on the ruling received
from the Auditor’s office regarding the Clerk of Court funds. He stated that the police department
will not be utilizing the $80,000 budgeted for the purchase of cruisers since there will be none
purchased this year so that money will be used for equipment and depending on the ruling with the
court fund the city will look into purchasing the video terminals for all the cars which ties in with
the MDT’s. Mr. McManus stated that council still needs to look into re-looking at the existing court
legislation so it can effectively and correctly be corrected. Mr. Thompson stated that he spoke with
Ms. Garrity and Legislative Committee will be proposing new legislation to that effect.

Poll: 7 ayes; 0 nays. Motion carried.


Ordinance 102-2008
      AN ORDINANCE AMENDING SECTION 618.051 OF THE CODIFIED
      ORDINANCES OF THE CITY OF OLMSTED FALLS ENTITLED “PROTECTION
      OF COMPANION ANIMALS” AND DECLARING AN EMERGENCY Tabled.

Remained on table.

Resolution 08-2009
       A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT
       MODIFICATION AGREEMENT WITH LAKESIDE CONSULTING, DESIGN AND
       EDUCATION, INC. TO PROVIDE ADDITIONAL ENGINEERING SERVICES IN
       CONNECTION WITH THE DESIGN AND CONSTRUCTION OF THE WET DECK
       SPRAY AREA AND DECLARING AN EMERGENCY Tabled on Third Reading

Mr. Thompson moved to remove from table; Mr. McManus seconded. Poll: 7 ayes; 1 nay
(Garrity). Motion carried. Mr. Thompson moved to adopt; Mr. McManus seconded.

Mr. Thompson moved to amend to change the language in Section 2 reducing the amount from
$35,785.00 to $32,785.00; Mr. Taylor seconded.

Mr. Thompson stated that per the Mayor, Mr. Ingrassia has agreed to pay the Errors and Omissions
Insurance out of his own pocket, thereby reducing the amount. Mayor Blomquist stated that the
actual contract will be amended as well.

Poll: 4 ayes; 2 nays (Garrity, Donegan); 1 Abstain (Thompson). Motion carried.

Mayor Blomquist stated that he does advocate for the project and understand that the principal
concern from the residents is the location of the Splash Pad and what their visions or perceptions of
                                                                  Approved Minutes 03/24/2009
                                                                                     Page 125


the Village Green are. He stated that the Park and Recreation Board have discussed all of these
concerns and determined that if the scope of this project was scaled the Village Green would still be
an appropriate location and he agrees. He said with this scaled down version the city would be
essentially swapping one water feature area for another and he believes the Splash Pad would bring
advantages in maintenance, longevity and would be beneficial as an overall health issue. He
commended the Park and Recreation Board for all the work they have expended on this project and
believes that the Village Green is an ideal location and does not believe that the Splash Pad would
detract any historic nature of the town and the history of the Green has been a gathering place and
the uses on that plot of land have evolved through the 150 year existence of the community. Ms.
Donegan stated that she does not feel that any member of Council is against any recreational
enhancing but she is concerned over the location, down scaled version and the size. She stated that
in this economy and expending this amount of money and the uncertainty of the levy and the
potential for a grant, if this could be explored in greater detail with other options for a location. Ms.
Fenderbosch stated that the Park and Rec Board does do a wonderful job but as she has said over
and over again she is concerned over the parking and she understands that parking has been
expanded but she does not feel that it will be enough to accommodate buses and vans coming from
other communities and if we do not have adequate parking they will park in the Drug Mart Plaza
which will diminish the few spots we have in the downtown area. Mayor Blomquist stated that he
understands the location issue but would like to know how anyone can rationalize the fact that there
is an existing fountain, an existing draw, the city would basically be substituting a feature with a
lower liability with no standing water. He stated that if the location is insufficient for upgrading
what is already existing why maintain the existing fountain. He stated that at a Park and Recreation
Board meeting he was asked how he would feel if the fountain was removed and he stated that if
that was missing and one of the things he enjoys is seeing the young children playing up there and
the only way he could articulate was that he stated he would be somewhat diminished if that feature
or one like it was not present in that location and does not feel that he would be alone with those
feelings. Mr. Taylor stated that he has been in favor of doing something like this for the community
and he looks at the community as a whole, there were a lot of residents here stating that they didn’t
want it in their backyard and he believes that Council would receive the same response if it was at
any location, but he has to look at the city as a whole. He stated that his concern from the beginning
was the E & O Insurance that Council was instructed it needed and he believed it was needed but he
felt that the city should not incur the cost which is the reduction in the figures in Section 2. He
stated that in these economic times residents are trying to stay close to home, gas prices are high so
the city needs to offer as many benefits and features within the community as possible in order to
keep our residents satisfied, happy and pleased with the city they live in. Ms. Fenderbosch stated
that she does not believe that the residents in Ward 1 were thinking in terms of “not in my
backyard” and since there is an existing fountain that already attracts visitors, once there is a
grander feature there will be more cars and traffic. She stated that the parking has been her issue
and she has seen the problem. Ms. Majeski stated that she wanted to thank Ms. Knaggs and the
park and rec board for everything that they have accomplished and if this project does not pass she
does not want them to give up. She also wanted to thank Mr. Ingrassia who she believes has given
a lot of his time and money that he didn’t have to do to try and make this project work and she
appreciates the community for coming out and stating their opinions. Mayor Blomquist stated that
he believes that the scaled down version of the feature addresses a lot of the public concerns. He
stated that he believes that the parking concerns are subjective at this point even the best minds have
tried to quantify parking at a park, it’s not in our code. Mr. McManus stated that he does not feel
strongly about the location but he does understand that there are only so many parking spaces there
and once they are used, you would then have a controlled environment. He would also ask that
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                                                                                    Page 126


Safety address with the police department that if this feature is installed at the Green, when you exit
the parking lot make it a right turn only so there is no one attempting to cross traffic. He stated that
it was his understanding that the present fountain was in such shape and needed maintenance and a
filtration system that the city would be better off closing the fountain rather than keep it running and
he would like to know what the position is, does Council want to close the fountain and if not, then
Council will have to entertain installing a filtration system. Mayor Blomquist stated that the
condition for a right hand turn only existing today and could be accommodated in the future. Ms.
Donegan stated that the mayor has not called the question as to whether or not the fountain should
be closed and if Council needs to consider that option then Council should be made aware of that
situation. Ms. Donegan stated that the Park and Rec Board set out a initiative years ago to purchase
property behind the fire station, to put a development plan together with Spice Constantino, and
wetlands study, there has been a lot of energy, planning and taxpayer money expended on
something that is now on hold for economic reasons. Mr. McManus stated that this resolution is to
allow the city to move forward with the additional engineering services and does not state anywhere
in the resolution the location of the Splash Pad, which means if Council adopts the resolution it
would be for the engineering and design not a location. Mr. Murphy stated that the legislation is
based on Lakeside’s proposal and that proposal is based upon the facility being located at the
Village Green, if this was moved to another location there would be more to consider with regard to
design and engineering. Mr. McManus stated that the legislation does not state that Council accepts
the proposal, this is only a proposal not a contract. Ms. Garrity stated that she likes the idea but
does not like the location, if the city has a large amount of land behind the fire station why can’t we
use it, why not put in the full scale proposal there. Mayor Blomquist stated that the Village Green
has a lot of advantages as there are existing water lines, restroom facilities and parking, the property
behind the fire station would need all of these constructed which would make the cost increase. Ms.
Donegan stated that she understands the economic impact of the property at the fire station but does
not understand why Council could not move forward with Mr. McManus’ idea and approve the
design of the project and request a more formal report regarding the expense of having this behind
the fire station because the utilities are in the area. Mr. Ingrassia stated that he measured the space
needed for the new Splash Pad and the play space size will double from what is existing but the new
pad footprint will only increase 40%. He stated that he has reduced the cost of the project by
$50,000, if Council is considering a new location that will need more infrastructure the cost will
increase. Mr. Ingrassia presented another less colorful and toned down drawing of what this feature
would look like and apologized for the first drawing which made this feature look like an
amusement park. Mr. Ingrassia recapped his presentation. Mr. Mada, who is the gentleman that has
volunteered his concrete services, explained why he designed the drawing that Mr. Ingrassia
presented and that he created the drawing from all the issues he heard at the last meeting when the
residents were speaking. Ms. Donegan asked if he was now working with Mr. Ingrassia. Mr. Mada
stated that he is not designing for Mr. Ingrassia nor is he working with Mr. Ingrassia he just decided
to try and come up with another possibility of what this feature could look like at the Village Green.
Mayor Blomquist asked how Mr. Mada found his way to this project and Olmsted Falls. Mr. Mada
stated that he met Mr. Bill Synk and he informed him about this project. Mr. Synk explained what
transpired and how he met Mr. Mada.

Ms. Fenderbosch stated that the existing fountain has attracted people to Olmsted Falls and is what
the community has grown to love, why can’t we just replace it as is.

Mr. Taylor stated that he would like to call the question.
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                                                                                     Page 127


Ms. Donegan moved to amend 08-2009 to remove any reference to the location being at the Village
Green. Mr. Thompson stated that the location is not stated in the legislation. Mr. Murphy stated
that the legislation is based upon a proposal and that proposal is based upon the facility being
constructed at the Village Green and if it is not constructed in the Village Green then Lakeside
Consulting conceivably can seek an amendment for their additional costs or less costs in moving it
somewhere else. Ms. Fenderbosch stated that Mr. Ingrassia has indicated that he does not have a
problem with the location and asked what Council needs to do to move this legislation forward for a
design. Ms. Donegan asked Mr. Murphy what would be the proper amendment to carry out the
spirit of the majority of Council or at least the three opposing members instead of voting this down.
Mr. Murphy stated to make the amendment and if it seconded and voted upon then there would be
an amended version in front of Council. Mayor Blomquist stated that he believes that Ms.
Donegan’s point is that she is stating that this is specifically linked to the Village Green and the
Village Green is not referenced in the legislation, the only place it is referenced is in the proposal
dated February 4, 2009.

Ms. Donegan moved to further amend Resolution 08-2009 amended to amend Section 2 to read in
its entirety up to the cost amount which was amended to $32,785.00 and deleting the subsequent
language in the paragraph; Mr. McManus seconded.

Ms. Majeski stated that Council is considering amending the resolution to place the feature anyway
and have all the services and expend money to have all of the design done for a place that the city
cannot afford to put it; or are we doing all this work but not putting it at the Village Green anymore;
but if this feature is put somewhere else the city can’t afford it and totally increase the price with the
infrastructure, with the cost of the bathrooms and Joe did put in a memo that that will cost at least
$4,000; we can’t afford to put this feature somewhere else. Mr. Murphy stated that the proposal
from Lakeside is to design the facility and Mr. Ingrassia has indicated that he can design the feature
so that it could be located basically anywhere in the city, now if you need additional things such as
parking, bathrooms, shade or anything like that would be outside of the scope of this proposal. Ms.
Majeski stated that the city will pay out all of this money for a design and Council could potential
not be able to come up with a place to put the feature and does not feel that this should be separated
from the actual location and does not make any sense to her.

Ms. Fenderbosch moved to table; Ms. Donegan seconded. Poll: 4 ayes; 2 nays (McManus,
Majeski); 1 abstain (Thompson). Motion carried.


Resolution 09-2009
       A RESOLUTION AUTHORIZING THE TAKING OF BIDS FOR CERTAIN
       EQUIPMENT TO BE INSTALLED IN THE WET DECK SPRAY AREA, AND
       DECLARING AN EMERGENCY Tabled on Third Reading

Remained on Table.

Ordinance 12-2009
      AN ORDINANCE ENACTING SECTION 452.085 OF THE CODIFIED
      ORDINANCES REGARDING OVERNIGHT PARKING ON PRIVATE ROADS AND
      DRIVEWAYS First Reading
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                                                                                  Page 128


New Business
Ordinance 14-2009
      AN ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO ADVERTISE
      FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OF TWO SURPLUS
      TRUCKS AND ONE SURPLUS CHIPPER, AUTHORIZING THE MAYOR TO
      ENTER INTO A CONTRACT WITH THE HIGHEST AND BEST BIDDER FOR
      SUCH ITEMS AND DECLARING AN EMERGENCY        First Reading

Mr. Thompson moved to suspend; Mr. McManus seconded. Poll: 7 ayes; 0 nays. Motion carried.
Mr. Thompson moved to waive the reading in its entirety; Mr. Taylor seconded. Poll: 7 ayes; 0
nays. Motion carried. Mr. Thompson moved to adopt; Ms. Donegan seconded.

Mr. Taylor asked Ms. Sperling how she arrived at the figures for the minimum bid amounts in
Section 2 for the 1998 Dodge Ram and 2000 Dodge Ram 3500. Ms. Sperling stated that Mr.
Borczuch came up with the figures and the 1998 Dodge Ram has a new bed which raises the value.
Mr. Taylor asked if she knew how Mr. Borczuch came up with those figures. Mr. Wares stated that
he called around to see what the average price for these vehicles were selling for plus the work put
into the vehicles. Mr. Taylor stated there are three values put on these vehicles by NADA Black
Book which is what dealers use for their purchasing at auctions. He stated that the 1998 Dodge
Ram that is listed for $4,500 the clean book value on it is $5,875; average is $4,675; and the write
value is $3,825. The one that concerned him more was the 2000 Dodge Ram 3500 which minimum
bid is $4,000 and the clean book is $7,025; average is $5,675; and the write value is $4,675. He
stated that he has seen an increase with landscaping companies that are really looking for these
types of vehicles because they cannot afford new. Ms. Donegan asked if Mr. Taylor would like to
amend the minimum bid values.

Mr. Taylor moved to amend Ordinance 14-2009 Section 2 to increase the minimum bid for the
1998 Dodge Ram 3500 to $5,000.00 and the 2000 Dodge Ram 3500 to $5,000.00; Mr. Thompson
seconded. Poll: 7 ayes; 0 nays. Motion carried. Mr. McManus moved to adopt as amended;
Mr. Taylor seconded. Poll: 7 ayes; 0 nays. Motion carried.


Ordinance 15-2009
      AN ORDINANCE AMENDING SECTION 1274.03 OF THE CODIFIED
      ORDINANCES OF THE CITY WITH REGARD TO THE LOCATION OF FENCES IN
      NEW DEVELOPMENTS     First Reading


Mr. Thompson moved to discuss; Mr. Taylor seconded.

Mr. Thompson moved to hold a public hearing on April 28, 2009 prior to the Council meeting at
7:00 p.m.; Mr. McManus seconded. Poll: 7 ayes; 0 nays. Motion carried.
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                                                                                  Page 129


Ordinance 16-2009
      AN ORDINANCE AMENDING CHAPTER 1468 OF THE CODIFIED ORDINANCES
      OF THE CITY WITH REGARD TO THE CONSTRUCTION OF FENCES First
      Reading


Resolution 17-2009
       A RESOLUTION AUTHORIZING A REDUCTION IN THE PERMIT FEE FOR
       SIDEWALK OR SEASONAL SALES CHARGED TO MICHAEL BONACCI, KIM
       BECKWITH AND MICHELE TURNER DURING THE YEAR 2008 First Reading

Mr. Thompson moved to suspend; Mr. Taylor seconded. Poll: 7 ayes; 0 nays. Motion carried.
Mr. Thompson moved to adopt; Ms. Fenderbosch seconded.

Mayor Blomquist asked how the amounts were arrived at. Mr. Thompson stated that currently these
individuals owe the city $2,200.00 for the permit fees from 2008 because they were not able to
secure a conditional use permit from Planning Commission. He stated that during a work session
Council discussed billing them for a seasonal sale in the amount of $175.00; the problem is that this
fee does not fit within the current codified ordinances and since Council cannot go back
retroactively and change the amounts, Council could change the fees for the upcoming year if they
so desire. According to the discussions with Mr. Murphy the only alternative Council has is to
forgive the amount of debt and place a new dollar value on the amount. Mayor Blomquist stated
that these individuals knew in advance when Resolution 45-2008 was passed that if the conditional
use permit was not granted they would be responsible for all existing fees. Mr. Taylor stated that
Council came to a consensus as a body regarding this specific issue and the fact that Planning
Commission is attempting to develop a solution for this issue. Mayor Blomquist asked why
Council would want to adopt this resolution before Planning reaches a determination. Mr.
Thompson stated that Planning has nothing to do with reducing the fees for these individuals.

Poll: 7 ayes; 0 nays. Motion carried.


Ordinance 18-2009
      AN ORDINANCE RESTRICTING AUTOMOBILE PARKING AT THE JENKINS
      CENTER TO AUTHORIZED PERMITS DURING CERTAIN HOURS AND
      DECLARING AN EMERGENCY First Reading

Mr. Thompson moved to suspend; Ms. Fenderbosch seconded. Poll: 6 ayes; 1 nay (Majeski).
Motion carried. Mr. Thompson moved to waive the reading in its entirety; Mr. Taylor seconded.
Poll: 7 ayes; 1 nay (Majeski). Motion carried. Mr. Thompson moved to adopt; Mr. McManus
seconded. Poll: 6 ayes; 1 nay (Majeski). Motion carried.


Resolution 19-2009
       A RESOLUTION RATIFYING THE CONTRACT NEGOTIATED BETWEEN THE
       CITY OF OLMSTED FALLS, OHIO AND THE OHIO PATROLMEN'S
       BENEVOLENT ASSOCIATION (DISPATCH UNIT) AND DECLARING AN
       EMERGENCY      First Reading
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                                                                                 Page 130


Resolution 20-2009
       A RESOLUTION RATIFYING THE CONTRACT NEGOTIATED BETWEEN THE
       CITY OF OLMSTED FALLS, OHIO AND THE OHIO PATROLMEN'S
       BENEVOLENT ASSOCIATION (DISPATCH UNIT, PART-TIME) AND
       DECLARING AN EMERGENCY First Reading

Resolution 21-2009
       A RESOLUTION RATIFYING THE CONTRACT NEGOTIATED BETWEEN THE
       CITY OF OLMSTED FALLS, OHIO AND THE OHIO PATROLMEN'S
       BENEVOLENT ASSOCIATION (PATROL UNIT, PART-TIME) AND DECLARING
       AN EMERGENCY    First Reading

Resolution 22-2009
       A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTIVE
       BARGAINING AGREEMENT WITH THE AMERICAN FEDERATION OF STATE,
       COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, AND ITS OHIO COUNCIL 8
       LOCAL 2681 REPRESENTING CERTAIN EMPLOYEES OF THE CITY OF
       OLMSTED FALLS, OHIO AND DECLARING AN EMERGENCY First Reading

Resolution 23-2009
       A RESOLUTION RATIFYING THE CONTRACT NEGOTIATED BETWEEN THE
       CITY OF OLMSTED FALLS, OHIO AND THE INTERNATIONAL ASSOCIATION
       OF FIREFIGHTERS LOCAL 2373 AND DECLARING AN EMERGENCY First
       Reading


Miscellaneous New Business
Mayor Blomquist stated that given the discussion and the uncertain outcome of the Wet Deck Spray
Area and the interest articulated by members of Council and wanting to pursue a grant that
application deadline is April 1st. He stated that the Law Director is distributing prospective
Resolution 24-2009 and Council may amend the agenda to include this resolution.

Ms. Donegan moved to further amend the agenda to include Resolution 24-2009; Ms. Majeski
seconded. Poll: 5 ayes; 2 nays (Thompson, Majeski). Motion carried.

Resolution 24-2009
       A RESOLUTION AUTHORIZING THE MAYOR TO FILE AN APPLICATION FOR
       FINANCIAL ASSISTANCE FROM THE STATE OF OHIO DEPARTMENT OF
       NATURAL RESOURCES First Reading

Ms. Fenderbosch moved to suspend; Mr. Taylor seconded.

Mayor Blomquist stated that within Section 5 there is an April 1st deadline for application
submissions. He stated that Mrs. Jones will begin working on this grant application and would like
Council to know that if they would like other locations explored they will need to get some type of
preliminary engineering costs from the City Engineer in support of the grant request and should the
city request the amount of the scaled down version of the wet deck, the amount of the original wet
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                                                                                Page 131


deck, the scaled down version and location where there will be parking needs, or expansive utility
needs. Mr. Taylor stated that in his opinion he would suggest the amount originally projected for
the wet deck. Poll: 7 ayes; 0 nays. Motion carried.

Mr. Taylor moved to adopt; Ms. Donegan seconded. Poll: 7 ayes; 0 nays. Motion carried.


Mr. Thompson moved to adjourn into executive session for pending and imminent litigation; Mr.
McManus seconded. Poll: 7 ayes; 0 nays. Motion carried.



The meeting adjourned at 10:07 p.m.




____________________________                       ____________________________
Robert Blomquist, Mayor                            Angela Mancini, Clerk of Council

								
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