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					                             CITY OF BAY VILLAGE

Council Minutes, Regular Meeting                                      September 17, 2007
Council Chambers, 8:00 p.m.

Brian C. Cruse, President of Council, presiding

Present:       Barbour, Cruse, Koomar, Pohlkamp, Scott, Young, Zimmerman, Mayor
               Sutherland

Others         Law Director Ebert, Finance Director Presley, Service Director Sears,
Present:       Community Services Director Bock, Fire Chief Sammon, Recreation
               Director Enovitch, Police Chief Wright, Operations Manager Don Landers

Council and members of the administration had assembled at 7:30 p.m. in the Council
Chambers to review agenda items; this was open to the public.

During the review, Mr. Barbour advised that historical preservation legislation was
discussed at a recent committee meeting, and discussions have also been held concerning
the issue with residents. The Planning Commission has included the topic on their agenda
for September 25, 2007, at 7:30 p.m. in the Police Station Community Room.

Mr. Koomar explained that Ordinance No. 07-90 adopted on September 10 will be repealed
due to section numbering sequence and a replacement ordinance passed this evening.

Mr. Koomar reported that a Finance Committee meeting was held this evening and progress
was made with the budget and an upcoming sanitary sewer project, which will be discussed
further at the September 24, 2007 committee meeting.

Mr. Pohlkamp reminded all that the September 25, 2007 Planning Commission will be a
work session to which all Council members are invited.

Mr. Scott stated that Council had spoken previously about having an annual review of cable
providers in the city and stated that he would like to revisit the issue. The topic will be
placed on the committee session agenda for September 24, 2007.

MOTION by Koomar to convene to Executive Session to discuss litigation. Roll Call
Vote- Yeas – Barbour, Cruse, Koomar, Pohlkamp, Scott, Young, Zimmerman. Nays –
None.

President of Council Brian 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 Matt Stone of Boy Scout
Troop No. 41

After the roll call, Mr. Cruse called for a reading of the minutes of the special meeting of
Bay Village City Council held September 6, 2007. MOTION by Koomar, to dispense with
Minutes of Regular Meeting of Council                                                       2
September 17, 2007

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 special meeting of Bay Village City Council
held September 10, 2007. 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 September 10,
2007. MOTION by Koomar, to dispense with the reading and accept the minutes as
prepared and distributed. Motion carried 8-0.

ANNOUNCEMENTS

Mayor Sutherland expressed congratulations to both Baycrafters and the Lake Erie Nature
Center for fantastic events over the weekend. About 650 people attended the two events.

The Mayor advised that she did attend the Northeast Ohio Areawide Coordinating Agency
(NOACA) meeting and the executive board meeting held Friday, September 14, 2007.
NOACA did vote to delay their vote on the I-90 interchange until October, which will give
the board an opportunity to work on some of the outstanding issues that are a concern.
Mayor Sutherland also asked the independent consultant who gave the economic impact
study if they had looked at moving the power lines at the Bradley/Nagle intersection. They
have not factored that in so the Mayor stated that the city will wait to see what NOACA
does but we would have to do a very in depth traffic study at that location once it is known
exactly where this is going to go.

Mayor Sutherland reported that additional funding is available to assist middle-income
homeowners who are in danger of foreclosure. The Ohio Housing Finance Agency has
added another $3.1 million to a foreclosure prevention program. Anyone interested should
contact Mayor Sutherland’s office who will get them in touch with the appropriate agency.

Mayor Sutherland advised that Moody’s Investors Services did assign a Aa3 rating to the
City of Bay Village.

The Mayor stated that a resident had mentioned recently that he thought the City of Bay
Village was responsible for the voter registration records. Mayor Sutherland contacted the
Board of Elections and received a letter back from Director Jane Platten that basically says
that the City of Bay Village does not have direct responsibility in maintaining the voter
registration records for our residents. This responsibility is designated by law to the state
and local boards of elections. According to the Voter Registration Act of 1993 it is the
responsibility of each state to insure that any eligible applicant is registered to vote in an
election. The state then delegates this responsibility to local election boards such as the
Cuyahoga County Board of Elections in Title 35 of the Ohio Revised Code. Therefore, the
Cuyahoga County Board of Elections is responsible for maintaining the voter registration,
not the City of Bay Village. The only thing the City of Bay Village is responsible for is
having registrations on board, which is the same thing the library is charged with. A regular
pick up of registrations from the Board of Elections is conducted. The Mayor added that
when she communicated with Director Platten she learned that you just cannot remove
someone off the voter rolls because they have been inactive. They have had to be inactive
Minutes of Regular Meeting of Council                                                         3
September 17, 2007

for a fairly lengthy period of time before they are purged, but it is not up to the city because
it is too fraught with opportunity for fraud. It is the job of the Board of Elections.

REPORTS

Mayor Sutherland had no further report this evening.

Law Director Ebert had no report this evening.

Finance Director Presley had no report this evening.

Service Director Sears stated that signs were put up on Bradley Road stating that the
crossing would be closed for maintenance this week. The closing had to be cancelled
because the Norfolk and Southern Railway had an emergency in another area. The
railroad has stated that the crossing will be addressed sometime this year and when a date
is announced the signs will be re-installed and press releases issued.

Recreation Director Enovitch had no report this evening.

Community Services Director Bock advised that the Department of Community
Services has taken delivery of their new Chevrolet Impala. The seniors are very grateful
and seem to be enjoying the transportation provided by the new vehicle.

A “Junk-in-the-Trunk” sale will be conducted by the swimming pool this Friday,
September 21, 2007 and participation is welcome to all.

Flu Shots will be administered on Friday, October 5, 2007 and Council members were
urged to encourage those in their areas to make an appointment for the one-day only
opportunity at the Dwyer Center to be immunized.

Director Bock announced that a garden project has begun at the Dwyer Memorial Center
and memorial bricks are available for $50.00 each to pay a lasting tribute to family
members and friends, living or deceased.

Police Chief Wright had no report this evening.

Fire Chief Sammon had no report this evening.

AUDIENCE

The following signed in this evening: Dave Tadych, Jerrie Barnett, Nancy Brown, Matt
Stone, Lawrence Kuh, Julia Kuh, Sally Irwin Price, Dick Majewski, Betsy Leyen

Nancy Brown asked Law Director Ebert if there were any updates on the new police
station litigation. Mr. Ebert responded that the litigation is still in court. Ms. Brown
asked who is the legal counsel representing the city on that litigation. Mr. Ebert stated
Minutes of Regular Meeting of Council                                                     4
September 17, 2007

that the legal counsel is Seeley Savidge Ebert and Gourash Co. Ms. Brown asked if an
hourly rate has been established for this purpose in the budget. Mr. Ebert responded
affirmatively. Ms. Brown asked what the hourly rate is and Mr. Ebert stated that he
would have to get back to Ms. Brown regarding the hourly rate. Ms. Brown asked the
number of billable hours thus far and Mr. Ebert stated that he does not have that
information here but will provide that information to Ms. Brown. Ms. Brown asked what
budget line this is under and Finance Director Presley advised that it is outside legal
under Account 491. Mr. Ebert stated that the city is trying to recoup their costs
associated with the landfill and the resulting delay, and have asked for legal fees as part
of the lawsuit.

Ms. Brown asked Mr. Zimmerman the status of the multiple dirt piles in Ward 1 on Wolf
Road. Mr. Zimmerman stated that this is actually a school board issue regarding school
board property, however Mr. Zimmerman is attempting to set up a meeting with the
Mayor and representatives of the school board next week to see if the dirt can be spread
on the Forestview property and seeded to level the field.

Ms. Brown asked Mayor Sutherland to clarify what city activities or recreation programs
will be occurring at the high school field for which $20,000 per year for five years has
been allocated by the city for the new turf project.

Recreation Enovitch responded that just this past Saturday the fifth and sixth grade
football programs were played at the high school field, with more dates scheduled. The
soccer club will also utilize the field and permits for St. Raphael’s athletic teams will be
sought. Mr. Cruse added that the adult soccer league team used the field recently, and
noted that the usage is growing along with the opportunities for scheduling activities.

Ms. Brown asked who approved the $20,000 per year for five years to be paid to the
schools. Mr. Cruse stated that the legislation is still pending working out some type of
usage agreement similar to that enacted for the middle school gymnasium. The budget
line for the payments has not yet been established.

Ms. Brown asked Finance Director Presley if there is any document immediately
available to the public that shows Bay Village’s outstanding bond debt and for each
outstanding bond the principal, and the interest for those bonds by each year. Mr. Presley
stated that there is a document available and can be obtained by contacting Mr. Presley.

Betsy Leyen asked if anyone is concerned how Columbia Road is looking from
Interstate-90 to Wolf Road. Mr. Zimmerman asked Ms. Leyen if she means the area
from the railroad tracks to Wolf Road and stated that he has been working with city
housing inspector Al Nelson. Mr. Nelson handles the complaints through the Building
Department and complaints received this spring about homes in that area, and also on
Juneway, were addressed in detail and will be addressed again. Ms. Leyen asked how
long the property owners have to do something about the appearance of the properties.
Mr. Cruse stated that there is a process that goes through the city that, given the
circumstances, can last anywhere from thirty to sixty days. Eventually if the homeowner
Minutes of Regular Meeting of Council                                                    5
September 17, 2007

doesn’t respond to the city, the city files a complaint in Rocky River Court. At that point
the city is at the mercy of the court’s schedule. He added that judges are leery about
putting on too much of a time pressure and if a homeowner can show progress judges will
routinely stretch those cases out with the goal being compliance than a fine or
incarceration. Mayor Sutherland commented that the city tries to work with the residents
as much as possible, and taking into consideration that some may be in financial
difficulty the city tries to do the best they can and work with them to get the issues
resolved. If the residents are willing to work with the city the process is much easier but
if they are resistant the city will definitely go to court if necessary.

Ms. Leyen stated that she suspects that many of those homes are rental properties. Mr.
Zimmerman stated that many of those homes are not rental properties. He also noted that
the city passed an ordinance this year requiring that all rental properties have to be
inspected annually. This is an attempt to force the owners of rental properties for better
maintenance of those homes. Mr. Koomar added that part of that rental property
ordinance tightened up where waste receptacles are to be placed to improve the overall
appearance of the properties.

Ms. Leyen asked if there is a limit on the number of rental properties in the city. Mr.
Cruse stated that limiting rental properties would infringe on property rights. Mayor
Sutherland commented that the rentals typically run around 10% of the households, going
up or dropping a percentage from time to time. Mr. Scott advised that he has been
informed by Building Director Milburn that the number of rental properties is around
160. Mr. Young stated that the figure is available on the census data on the city’s web
site.

Mr. Zimmerman advised that the new rental property ordinance is being enforced and
began with inspections of new rental properties in the city. He noted that his experience
has been that residents think that half the properties on their street are rentals and when
you actually check the rolls it is a much smaller percentage.

ENVIRONMENT, SAFETY, AND COMMUNITY SERVICES COMMITTEE

Mr. Zimmerman had no further report this evening.

PUBLIC IMPROVEMENTS,                  STREETS,       SEWERS,        AND      DRAINAGE
COMMITTEE

Mr. Barbour had no report this evening.

FINANCE & CLAIMS COMMITTEE

Mr. Koomar MOVED to repeal Ordinance No. 07-90 adopted September 10, 2007,
entitled, “AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF
CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF
THE CODIFIED ORDINANCES OF THE CITY OF BAY VILLAGE, OHIO, TO
Minutes of Regular Meeting of Council                                                  6
September 17, 2007

APPROVE, ADOPT AND ENACT NEW MATTER IN THE TRAFFIC, GENERAL
OFFENSES AND FIRE CODES AND DECLARING AN EMERGENCY.” Motion
carried 7-0.

Mr. Koomar introduced ORDINANCE NO. 07-94 APPROVING THE EDITING
AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS
COMPONENT CODES OF THE CODIFIED ORDINANCES OF THE CITY OF BAY
VILLAGE, OHIO, TO APPROVE, ADOPT AND ENACT NEW MATTER IN THE
TRAFFIC, GENERAL OFFENSES AND FIRE CODES AND DECLARING AN
EMERGENCY, and moved for adoption.

Mr. Koomar noted that as discussed in Council meeting last week, the Walter Drane
Company is authorized by the city to prepare and publish replacement pages and update
the codified ordinances in accordance with ordinances passed in the past year.

There being no further discussion, Mr. Cruse called for a vote on the motion to adopt
Ordinance No. 07-94.

       Roll Call on Suspension of Charter Rules:
              Yeas- Barbour, Cruse, Koomar, Pohlkamp, Scott, Young, Zimmerman
       Roll Call on Suspension of Council Rules:
              Yeas- Barbour, Cruse, Koomar, Pohlkamp, Scott, Young, Zimmerman
       Roll Call on Use of the Emergency Clause:
              Yeas- Barbour, Cruse, Koomar, Pohlkamp, Scott, Young, Zimmerman
       Roll Call on Adoption:
              Yeas – Barbour, Cruse, Koomar, Pohlkamp, Scott, Young, Zimmerman

Mr. Cruse announced adoption of Ordinance No. 07-94, an emergency measure, by a
vote of 7-0.

PLANNING, ZONING, PUBLIC BUILDINGS AND GROUNDS COMMITTEE

Mr. Pohlkamp introduced RESOLUTION NO. 07-95 GRANTING TO THE OHIO
BELL TELEPHONE COMPANY, DBA AT&T OHIO, AN OHIO CORPORATION,
AN EASEMENT TO CONSTRUCT, RECONSTRUCT, MODIFY, SUPPLEMENT,
MAINTAIN, OPERATE AND/OR REMOVE FACILITIES              FOR THE
TRANSMISSION      OF    SIGNALS  USED    IN   THE  PROVISION     OF
COMMUNICATION, VIDEO AND/OR INFORMATION SERVICES AT DOVER
CENTER ROAD, AND DECLARING AN EMERGENCY, and moved for adoption.

Mr. Cruse advised that this is part of AT&T’s upgrade process to distribute their U-Verse
products. The box was originally across the street in someone’s front yard and in
working with the city on locations it was determined the box could be moved across the
street and put on the patch of land between Play-In-Bay and the tennis courts. The box
will be screened with landscaping.
Minutes of Regular Meeting of Council                                                    7
September 17, 2007

Susan Fink asked if the box that has been moved over to the park area contains any type
of materials that would be hazardous to young children. Mr. Cruse stated that to the best
of his knowledge based on the permits they have been granted the box is no different than
any other electrical box.

Mrs. Fink asked if a list of box locations in the city is available now, and if the list is
complete. Mr. Ebert stated that City Planner Jim Wasniak is working with AT&T and
the list would be available from him. Service Director Sears will check with Mr.
Wasniak and inform Mrs. Fink.

Mr. Koomar advised that residents are questioning when the service will be active. There
is a web site, WWW.UVERSE.ATT.COM to check for availability and pricing, searching
by either property address or phone number. Mr. Koomar asked that this information be
included on the city’s web site.

Jerrie Barnett asked why residents are receiving delivery of so many telephone books.
She asked if the recycling truck will be brought back to the park for discarding old books.
Mrs. Barnett was informed that old phone books can be taken to the mixed paper
recycling truck at the city service garage on Nagle Road. Mr. Young explained that two
different phone companies are issuing these books and taking advantage of the
advertising opportunities.

There being no further discussion, Mr. Cruse called for a vote on the motion to adopt
Resolution No. 07-95.

       Roll Call on Suspension of Charter Rules:
              Yeas- Cruse, Koomar, Pohlkamp, Scott, Young, Zimmerman, Barbour
       Roll Call on Suspension of Council Rules:
              Yeas- Cruse, Koomar, Pohlkamp, Scott, Young, Zimmerman, Barbour
       Roll Call on Use of the Emergency Clause:
              Yeas- Cruse, Koomar, Pohlkamp, Scott, Young, Zimmerman, Barbour
       Roll Call on Adoption:
              Yeas – Cruse, Koomar, Pohlkamp, Scott, Young, Zimmerman, Barbour

Mr. Cruse announced adoption of Resolution No. 07-95, an emergency measure, by a
vote of 7-0.


RECREATION AND PARKS IMPROVEMENTS COMMITTEE

Mr. Young had no report this evening.

SERVICES, UTILITIES & EQUIPMENT COMMITTEE

Mr. Scott had no report this evening.
Minutes of Regular Meeting of Council                                                   8
September 17, 2007

MISCELLANEOUS

Mr. Koomar stated that a resident has contacted him with concerns about the deer
population and asked that he bring that up in Council. Mr. Cruse reiterated a statement
he made at the town hall meeting that he refuses to have his legacy be that he brought
sharpshooters in to the City of Bay Village to shoot a deer. Mr. Cruse added that he has
heard advertisements for a product that can be put on shrubs and plants to keep deer
away. Ms. Brown advised that many products of this sort are available at the Landmark
Store on Cahoon Road. Ms. Brown suggested that those concerned with deer or any
animal questions speak with the Animal Control Officer, Diana Fife.

Mr. Zimmerman commented that the deer population is becoming a greater problem in
the city, noting that there were five deer in his neighbor’s yard last week early in the
morning.

There being no further business to discuss, the meeting adjourned at 8:27 p.m.



____________________________                         __________________________
Brian C. Cruse, President of Council                 Joan T. Kemper, Clerk of Council

				
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