Bay Village City Council Minutes

Bay Village Logo

City of Bay Village

Council Minutes, Committee Session                                                              May 13, 2013

Conference Room                                                                                    7:30 p.m.

Paul Koomar, President of Council, presiding

Present:         Clark, Koomar, Lee, Lieske, Miller, Tadych, Mayor Sutherland

Not Present: Mr. Young

Others

Present:         Law Director Ebert, Finance Director Mahoney, Service Director Galli,                                          Operations Manager Landers, Recreation Director Enovitch, Police Chief Wright,                              Fire Chief Lyons

President of Council Koomar called the meeting to order at 7:30 p.m. in the Conference Room of Bay Village City Hall, and the meeting was open to the public.

ANNOUNCEMENTS

President of Council Koomar announced that the Spring Green Garden Show will be held at the Community Garden on Saturday, May 18 from 11 a.m. to 3 p.m.  Mr. Koomar urged everyone to attend.

AUDIENCE

The following were present: Jerrie Barnett, Sue Fink, Russell Thompson, Mike O’Boyle, Jeff Gallatin, Bruce Geiselman, John Suter, Brenda O’Reilly, Lawrence Kuh, Marty Mace, Dick Majewski, Jennifer Smillie, Denny Wendell

ENVIRONMENT, SAFETY AND COMMUNITY SERVICES COMMITTEE

Mr. Clark advised that he will be scheduling an Environment, Safety and Community Services Committee meeting for Monday, May 20, at either 6 p.m. or 6:30 p.m.  The committee would like to extend the good work of the Emergency Communications Task Force with an open discussion on the next steps.

        PUBLIC IMPROVEMENTS, STREETS/SEWERS/DRAINAGE COMMITTEE

Mr. Miller reported that a Public Improvements, Streets, Sewers, and Drainage Committee meeting will be held on Wednesday, May 15, 2013, from 6 p.m. to 9 p.m. to interview three firms for street and sewer improvements in the Sunset Area.  Mr. Miller noted that all are welcome to attend this public meeting.

        FINANCE & CLAIMS COMMITTEE

        Final Change Orders to Close Contracts for Bradley/Naigle Road Intersection Project

        (Karvo Paving Company, Norfolk/Southern Railroad, CT Consultants)

Service Director Dan Galli commented on the Bradley/Naigle Road Final Project Summary and Change Order information that he distributed to Council at the onset of tonight’s meeting.  Mr. Galli stated that the final loan amount will be $144,317.32 for each city, Bay Village and Westlake.  To formalize the closing of the project, ordinances authorizing the change orders will be brought to Council on May 20, 2013.  The contracts with Karvo Paving Company, Norfolk Southern, and CT Consultants will be closed.

Mr. Clark asked if the City of Bay Village is the billing agent for the entire loan with Westlake reimbursing Bay Village for their share.  Mr. Galli stated that Mr. Clark is correct; Westlake will reimburse the City of Bay Village for their share of the zero percent loan.

Mr. Koomar asked if there are any other monies to be reimbursed to Bay Village.  Mr. Galli stated that after all final payments are made, a final pay application will be submitted to the Ohio Public Works Commission for reimbursement.  Finance Director Mahoney stated that the total cost of the project was $1,542,498.00.  The City of Bay Village has received $1,030,000, which leaves approximately $511,000 to be received from the Ohio Public Works Commission.

Mr. Tadych asked if the City of Bay Village will bill the City of Westlake for reimbursement of their portion.  Mrs. Mahoney stated that she will talk to the Finance Director of Westlake to see if he would like a bill or will just send his payment.  He may choose to pay the whole amount of reimbursement due in one payment, or yearly in installments.  The loan agreement is for a period of ten years and payment does not start until six months after the project is officially closed.

Mr. Clark confirmed with Mrs. Mahoney that the $511,000 being billed to the Ohio Public Works Commission will close out the contract, and the advances can be reimbursed back to the Infrastructure Improvement Fund.

Report of Municipal Income Tax Collections and Report of Health Care Costs

Mr. Clark advised that Finance Director Mahoney has distributed the report of Municipal Income Tax Collections and Report of Health Care Costs as of the end of April, 2013.

Mrs. Mahoney stated that municipal income tax collections are up by 12%, but health care costs are also up 12%.  Mr. Clark noted that this is the most favorable April the city has ever experienced in municipal income tax collections.

Mr. Koomar stated that at the recent Finance Committee meeting there was discussion concerning the calculation of dollars relative to the overtime bank for safety forces.  Mrs. Mahoney stated that this work is still in progress.

PLANNING, ZONING & PUBLIC GROUNDS & BUILDINGS COMMITTEE-Lee

Extension of 60 days for Planning Commission review of St. Raphael’s Catholic Church

application for Phase 2 of expansion of facilities- Application will expire June 1, 2013.

Mr. Lee advised that the application for planning review of St. Raphael’s Phase 2 project for the expansion of worship space and building a new community room will expire on June 1, 2013.   A public hearing was held on May 1 and the matter has been referred to the Board of Zoning Appeals for a height variance, and to the Architectural Board of Review for recommendations.

The Planning, Zoning, Public Grounds and Buildings Committee met on April 25, 2013.  The committee discussed the three oldest items on the Matters Pending before Council Committee list for the Planning and Zoning Committee: Amendment of the Thoroughfare Plan, the Cahoon Memorial Park Information Sign, and Section 1158 Attached Residence District.

Regarding the Amendment to the Thoroughfare Plan, looking back at minutes it appears that this matter has been on the list since the Master Plan was updated in 1999 and there has not been activity by a Committee of the Whole or the Planning and Zoning Committee for many years on the issue.  The Planning Commission did review the Thoroughfare Plan in 2004 and 2005, but there has not been activity since then.  Mr. Lee will propose a motion to remove the Amendment of the Thoroughfare Plan from the Matters Pending before Council list.  If something specific comes up in the future, it can always be put back on the list.

With respect to the Cahoon Memorial Park Information Sign, the committee agreed to gather some proposed designs and cost estimates to bring back to the Council.  If consensus is available on a design, funds can be appropriated in the 2014 budget for that project.

In regard to Section 1158, there has been a lot of discussion on that section over the years.  The section has not been modified since 1974, but there have been many committee meetings and discussions regarding modifications.  Mr. Lee will work with Law Director Ebert to get a mark-up of the revisions of the section for the committee review and discuss modifications going forward.

The Community House Restoration Budget and Fact Finding matter that was put on the Matters Pending before Council in March of 2012 was also discussed.  The committee would like to pull together all of the studies that have been done on the Community House over the last several years and see if the project can be moved forward in 2013, putting together plans and cost estimates for renovations to that facility.

Mr. Koomar noted that he attended the public hearing relative to the expansion of St. Raphael’s Church.  The question of many residents was the parking analysis.  The applicant has documented compliance with the parking requirements but at that time there was not confirmation by anyone from the city or the Planning Commission whether that work has been done on the city side.  It is assumed that the numbers will match.  Mr. Koomar asked Mr. Galli if that parking analysis has been done by the city yet.  Mr. Galli stated that he was waiting for SAFEbuilt to come in and get involved in the project.  Mr. Galli will meet with SAFEbuilt to conduct that analysis.  Mr. Koomar stated that if the project is going to the Board of Zoning Appeals for variances, it would be appreciated if that work could be accomplished by SAFEbuilt to be sure that all is in order.

RECREATION & PARK IMPROVEMENT COMMITTEE-Lieske

Disc Golf Installation in Cahoon Memorial Park

Mrs. Lieske stated that she is delighted that the Disc Golf Installation in Cahoon Memorial Park is on the agenda this evening for the trustees as a motion.  The Recreation and Parks Improvement Committee heard last week from Mr. Kuh that the group has raised in excess of the amount they needed to purchase the materials.  They have received $3,500 in donations and that is in excess of the $3,100.45 they need.  There seems to be a lot of enthusiasm, interest, and support to move this forward.  The recommendation of the committee is to move forward with the Disc Golf program.

Mr. Lee asked if there is maintenance required for the baskets and the launching pad areas.  Mr. Kuh stated that the baskets are made out of galvanized steel, and the longevity is significant.  Mr. Kuh has not directly asked the company how long they last before replacement, but it is not a heavy wear activity.  There is a plastic disc hitting the steel.  Even with heavy use, it would be expected that the basket would last.  The only maintenance would be if they needed to be removed by the Service Department for landscaping work.  Removable baskets are being purchased so that would be possible.  The tees are a four-by-four in the ground with a sign in the front and a four-by-four in the ground with a line.  In the future, there may be a request to put in a four-by-eight cement tee area with a cement pad.  That could potentially need something for the concrete.  At this point, the expectation is to put a railroad tie at the line and mulch.  There is no special mowing or annual painting required.  The layout does not hinder the sledding hill in the winter months, and does not interfere with track or cross country runners.

Green Team donation of bicycle rack for placement by Dover Center Road Tennis Courts

Mrs. Lieske asked if this bicycle rack donation needs to go forward with some other type of review given the fact that it is in the park and to be consistent with signage in the park.

Mr. Galli stated that the Green Team came to him with a source for bicycle racks that is more of an art form and they would like to install a rack near the tennis courts.  Mr. Galli stated that he has no objection to the proposal, and thinks it would be very interesting.  Mrs. Lieske noted that the rack is designed to go along with the sport of tennis.  Mr. Galli stated that there never has been a bicycle rack at the courts, and there is always a group of bicycles at the southwest corner.

Mr. Pat McGannon stated that this effort is a collaboration of the Green Team, the Village Bicycle Cooperative, and the Bay Bike and Skate Park Foundation.  Rustbelt Welding is well known in the area for making artistic bike racks.  An example of their creative bike racks are in use in the Ohio City area.  They include the spelling out of the words “Ohio City” in script,  and the word “bike” in metal plates next to the West Side Market.  The team thought it made sense, from a sustainability standpoint, to use a local manufacturer rather than having a bike rack purchased outside of our area.

Mr. Clark asked how many bicycles will be able to be affixed to the bike rack.  Mr. McGannon stated that on the “bouncing ball” model, six bicycles can be attached.  Mr. Clark questioned whether there might be a need for a second rack.  Mr. Galli stated that on the west side of the courts there is a concrete pad for bleachers.  A storage barn will be put up at the northwest end of the courts.  There would be enough room for three of the bike racks.  The chain link fence around the tennis courts will be black.  Mr. Kuh stated that initial plans are for a stainless steel, powder coated rack.  There is the ability to have a color applied.  Mr. McGannon stated that the tennis racket handle of one design and the tennis ball on the other design will be painted.  Mr. McGannon stated that they prefer the rack with the bouncing ball design.  Mr. Kuh noted that people using the bicycle racks always find creative ways to attach bicycles beyond the design capacity.

Mr. Koomar asked Mr. Enovitch if there is adequate space between the proposed area of installation and the ballfield.  Mr. Enovitch stated that there is plenty of space.

Mr. John Suter stated that since this is as much a sculpture as a functional item, should it not go to the Architectural Board of Review?  Mr. Ebert stated that he does not believe a bike rack should go to the Architectural Board of Review.  The Architectural Board of Review is supposed to entertain signage, not something like a bike rack.  Mr. Galli and Mr. Enovitch will confer regarding placement as this moves forward.  Mr. Galli stated that the colors of the tennis courts are going to be the new United States Tennis Association colors: dark blue and darker green.

Mr. Lee asked if there will be any cost to the city for the bike rack with this design.  Mr. Galli stated that they have entertained that, because there is money in the budget that can be contributed.  Mrs. Lieske stated that if the Green Team is offering the donation of a bicycle rack, why would the city need to contribute any money in the budget for that purpose.  Mr. Koomar stated that there is need for a cement base and additional costs for installation.  The cost of the bike rack being donated is $1,300.

Mr. Koomar stated that what he is hearing from the Council and Trustees is that conceptually this is an interesting idea and the next step may be to come back with something in terms of color scheme and more detail for a harder look.  Mr. Kuh stated that another alternative would be making sure the color scheme works within the colors of the United States Tennis Association.  Mayor Sutherland expressed favor with moving ahead.  Mr. Clark stated that it is a great collaboration and every confidence must be placed in the group to match up the colors and move ahead.  Mr. Tadych expressed agreement to move ahead.  Mr. Lee asked where the bike rack will sit in relation to the tennis courts.  Mr. Galli stated that it will be placed on the west side of the courts.   There will be an area on the south side of the tennis courts that will accommodate a walkway off of Dover Center.  Mr. Tadych stated that it would be fun if the rack would be out in the open, just because of how it is going to look.  Mr. Koomar summarized that the donation will be accepted, installation will be a collaboration of Mr. Galli and Mr. Enovitch, colors are to coincide with the United States Tennis Association colors, and the city will agree to install the base and the rack.

Contract with Soft Drink Company

Recreation Director Enovitch reported that two proposals have been received, one from Pepsi Cola Company and one from Coca Cola Company.  The Coca Cola Company proposal is the more lucrative of the two proposals.  The amount of $2,000 per year will be paid to the city, as well as a $4.00 rebate on each case that is sold, and 30% commission on the gross sales through the vending machines.  Five hundred fifty to six hundred cases are typically sold.  The soft drink company stocks the machines, free of charge.  Vending machines will be located at Reese Park, Hartman Field, Cahoon Memorial Park, and the Bradley Road Park.

This will be a five year contract.  A five year contract with Coca Cola has just been completed.

In initial discussion with both companies, Mr. Enovitch asked about a shorter agreement.  Neither company offers that option.

Mr. John Suter asked where the funds from the vending machines are deposited.  He was informed that the funds are allocated to the Parks and Recreation Fund.

Mr. Tadych asked Finance Director Mahoney to advise how much money was received last year from the vending machines.

Mr. Clark stated that his question is that the Coca Cola Company is entitled to a four percent increase each year but our sponsorship level remains the same.  Is there any chance that the $2,000 received by the city could go up by four percent, or some percentage, each year?  Mr. Clark noted that four percent is not a small number; it doubles the cost of inflation and unless you ask the question on sponsorship dollars…. $2,000 is nice but it sticks for five years.  He would suggest it would be a nice trade-off of instead of going three years to go five years and get something from that.

Mayor Sutherland asked if there would ever be a point of being able to offer healthy alternatives.  Mr. Enovitch stated that there will be healthy alternatives.  That is why these contracts are not as lucrative as they have been in the past, because of the trend of going to a healthier beverage.

Mrs. Lieske stated that she emailed Clint Keener, Superintendent of Schools, today to ask about their beverage agreement.  The schools also use Coca Cola, but it is different when selling things in the schools compared to here.  Picking up on what the Mayor said regarding an alternative beverage, they do have some things like that spelled out.  They receive $5,000 per year sponsorship.  Mrs. Lieske was curious about the quantity because the city has a pool where a lot more would be sold, and it did not seem that $2,000 was very much.

Mr. Enovitch stated that he is sure the school’s volume of beverage sales is much greater than the city’s.  Recreation is doing a twelve-week concession stand versus a nine-month facility.  The Mayor noted that there are sales by the schools during all of the sporting events.  Mr. Clark noted that the Coca Cola money was used to pay for the sign board at the Board of Education building.

Mr. John Suter asked Mr. Ebert if there is anything that would prevent the city from combining with the school system for a better contract.  Mr. Ebert said there is not anything that would prevent that, as long as the schools would be willing to share their more lucrative contract.  Mr. Suter asked if anyone has approached the schools.  Mrs. Lieske stated that she just asked for the contract today.  The schools contract provides for $5,000 per year and a small difference in the rebate for the cases.  The contract does spell out the alternatives.  Much of the wording is identical.

Mr. Enovitch stated that he did talk to the schools about their contract with Coca Cola.  They are one year into their contract.

Mr. Lee asked their case volume annually.

Mr. Tadych asked how this contract differs from the last contract with Coca Cola.  Mr. Enovitch stated that in 2008 we were at 3000 cases per year, but with no rebate on the cases sold.  The commission of 30% on vending machine sales is the same.

Mr. Koomar asked Mr. Enovitch to follow up on the questions posed by Councilwoman Lieske this evening concerning the contracts.  He noted that with the schools’ contract being one year in place at this time, it might be difficult to join with them, but from a timing standpoint we may be able to set the stage for a future renewal.  Mr. Clark noted that we may be able to have a four-year contract at this time that would end at the same time as the schools’ contract.

Mr. Clark asked Mr. Enovitch his deadline for execution of a beverage contract.  Mr. Enovitch stated that it should be done as soon as possible in order to make the purchases for the pool concession stand.  The pool opens June 1.  A copy of the schools’ contract will be forwarded to City Council.

Mrs. Lieske asked if it would be possible to receive a copy of the Pepsi Cola Company proposal.  Mr. Enovitch will send that copy to the Recreation and Parks Improvement Committee.  Mr. Clark noted the need to work actively since the pool will open in two weeks.

SERVICES, UTILITIES & EQUIPMENT COMMITTEE-Tadych

Cooperative Purchasing Agreement with the Ohio Department of Transportation (ODOT)

Mr. Tadych stated that this is a renewal of the Cooperative Purchasing Agreement with ODOT.  The last contract was introduced by Mr. Koomar two years ago.  It is a standard agreement, which benefits the city in many ways, especially in the cost of vehicles and equipment.  The resolution for renewal will be placed on the Council Regular Meeting agenda of March 20, 2013.

MISCELLANEOUS

Dover Center Road Tennis Courts

Mr. Koomar stated that he did see a low spot or two in the tennis courts.  He asked if this will be rectified in the final coating.  Mr. Galli stated that this has been addressed.  Fencing installation will begin this week.  When completed, fabric will begin to be installed.  By the week of May 20, the fencing and net post installation will be completed.  The temporary sidewalk will be pulled out and cleaned, and the tree lawn cleaned.

Section 1158 (continued)

Mr. Tadych addressed Mr. Lee and volunteered to assist him with reviewing any discussion that was held by Mr. Tadych and his committee regarding Section 1158 during the years it was before his committee.  Mr. Ebert stated that this would be very beneficial.  Mr. Tadych noted that hours and hours were spent by many people.  There were also public meetings involved.  Mr. Koomar asked Mr. Tadych to give Mr. Lee some guidance, along with Mr. Ebert, to decide how he would like it presented.  Mr. Ebert noted that the last motion by Council was to agree to disagree and move on.

Yard Waste Collection

Mr. Clark asked the Mayor if there is an update on the request to move yard waste collection to begin April 1, rather than April 15.  Mayor Sutherland stated that the agreement has been achieved to begin yard waste collection on April 1 each year.

The Mayor noted that there was also an announcement in today’s email blast of the expansion of recycling materials.  BFI will now take Plastics 1 through 7.  Sorting is not required.

Mr. Tadych asked if something can be done to instruct residents not to put out their garbage too far ahead of time.  The first time that garbage can be placed out for next day collection is 5 p.m.  Complaints are being received that neighbors are putting out their trash as early as morning hours the day prior to collection.

Mr. Lee asked if Styrofoam is included in recycling collections.  It is not included.

Mrs. Fink stated that she has been informed that St. Raphael’s is no longer taking cardboard.  She asked where large pieces of cardboard can be recycled.  Mr. Pat McGannon stated that St. Barnabas has a recycling drop off for cardboard.  Mr. Kuh noted that it can also be recycled at the Bay Middle School.

ANNOUNCEMENTS

Mayor Sutherland stated that she got a very nice email from Brian Cruse regarding the huge success of the After Prom.  The After Prom was held at the Bay Middle School this year, for the first time in place of the high school location.  Mr. Cruse specifically expressed appreciation to Recreation Director Enovitch, Police Lieutenant Holliday, Service Director Galli, and John Cheatham from SAFEbuilt.  Everyone was involved in inspecting the After Prom decorations to make sure they were all safe.  Mr. Cruse also recognized Lieutenant Dave Stump from the Bay Village Fire Department.  Mayor Sutherland stated it was a great team effort, everything worked out, and the kids loved it.

The meeting adjourned temporarily for a meeting of the Cahoon Memorial Park Trustees at 8:12 p.m., and reconvened at 8:13 p.m.

In compliance with Section 121.22 of the Ohio Revised Code, Mr. Clark MOVED to convene to Executive Session regarding contract (SAFEbuilt lease), labor contracts (Police, Fire, Service, Admin.) and litigation (Ohio Citizens Action Group).

Roll Call Vote: Yeas- Clark, Koomar, Lee, Lieske, Miller, Tadych.  Nays- None.  Motion passed 6-0.

The Executive Session was held after the following presentation:

COMMITTEE OF THE WHOLE

Presentation by Andrew Brickman regarding proposed property development

President of Council Koomar introduced Mr. Andrew Brickman and Justin Campbell of Abode, Modern Lifestyle Developers, who have recently developed property in Rocky River, Ohio.  He stated that they have come to Council this evening to give a brief overview of some of their efforts.

Mr. Brickman gave a presentation of their company’s history and what they hope to develop in Bay Village with the properties for which they are currently negotiating.  $400,000 to $700,000.  With the tax abatement in place, a mortgage payment would be in the area of $1,700 to $2,500 per month.

 

From the City of Bay Village, they will ask for rezoning of the properties they are looking at now.  They would like to develop between 20 and 25 high-end town homes, similar to the other projects they have developed.  In order to be able to sell the homes, they will need the participation from the city in the form of tax abatement, or some other economic assistance.

Mr. Brickman explained a tax abatement that they received in the City of Lakewood.  The tax abatement is only on the increased value in the new homes.  The current tax base that was in place on the three homes that they tore down stays in place so there is no decrease or loss to the city at all in terms of the real estate taxes they are collecting.  The future value, when the tax abatement expires, is about $11 million on the project.  The city will then be the beneficiary of the increased value, and during the time of the abatement they will basically be tax neutral, with the exception of the additional income taxes that they will be collecting from the 22 families that will be living there.  He stated that this is the type of abatement they will be looking for from the City of Bay Village.  Price points for the homes are from $400,000 to $700,000.  With the tax abatement in place, a mortgage payment would be in the area of $1,700 to $2,500 per month.

Mr. Miller asked what it is about the architecture of the homes that specifies the value of the price points.  Mr. Brickman stated that it is the clear span construction, no maintenance materials, and square footage of the homes.

Mr. Brickman gave a visual overview of the property they are considering in Bay Village.  The small house on the corner of Cahoon and Wolf Roads may or may not be purchased.  The property to the south of that, the Dino Lustri property will need to be rezoned.  The property on the other side of the creek is owned by the Goodman’s and does not need to be rezoned.  They envision twelve town homes on the Lustri property, and on the Goodman property twelve to fourteen homes.  The homes would be two bedrooms, with two-and-one-half baths, with an extra room, a roof top deck and patio.  The homes would range in size from 1800 square feet to 3000 square feet.  Price point with tax abatement would be in the low to mid $300,000 range.

The property will be purchased after it is rezoned and there is a commitment from Bay Village for economic assistance.

Mr. Tadych asked if geo-thermal systems will be included in the homes.  Mr. Brickman stated that they are looking at that possibility.  Solar is too expensive and wind in this location will not generate anything.  The geo-thermal system costs $30,000 per unit.  It is a large expense up front that is difficult to translate into a sales price.

Mr. Koomar asked the type of architecture envisioned for the Bay Village homes.  Mr. Brickman stated that they would incorporate the clear span construction.  Clear span means that none of the interior walls are load bearing so that floor plans can be designed to suit lifestyles.  Something modern with a warmer, craftsman feel will work in Bay Village.  There are no limitations as to what can be done on the inside.  Interior decorators provide free interior design service.  The company also has a charitable partners program.  Anyone that buys in one of their communities and makes a charitable contribution to a non-profit will have their contribution matched up to a certain amount.

Mr. Suter asked if the rezoning of the west side of the project is unsuccessful, would the company still go ahead with the east side of the project.  Mr. Brickman stated that they might, but it is just as much work to do a project of 10 to 15 as it is 25 to 30 homes.  They are hoping for the rezoning.

Mr. Majewski asked if they are looking for rezoning to attached residence, or would these homes be stand-alone units.  Mr. Brickman stated that some will be attached and some will be stand-alone.

Mr. Miller noted that properties reviewed this evening by Mr. Brickman are on an edge.   He asked if there is a property they have developed that has a community aspect, more so than just an edge.  Mr. Brickman stated that Clifton Point has a community garden and a community gazebo to establish the community aspect.  At Eleven River they are docking a barge and filling it with sand and a swimming pool as a community asset.

Mr. Brickman and Mr. Campbell were thanked for their presentation this evening.

The Council then convened to Executive Session.  Also present in Executive Session were Mayor Sutherland, Law Director Ebert and Finance Director Mahoney.  Council reconvened in an open meeting at 9:46 p.m.  Present were: Clark, Koomar, Lee, Lieske, Miller, Tadych.

There being no further business to discuss, the meeting adjourned at 9:47 p.m.

Paul Koomar, President of Council                                        Joan Kemper, Clerk of Council

CITY OF BAY VILLAGE

Council Minutes, Regular Meeting                                                  May 6, 2013

Council Chambers 8:00 p.m.

Paul Koomar, President of Council, presiding

Present:         Clark, Koomar, Lee, Lieske, Miller, Tadych, Young, Mayor Sutherland

Others

Present:         Law Director Ebert, Finance Director Mahoney, Service Director Galli,                                          Recreation Director Enovitch, Community Services Director Bock, Operations                       Manager Landers, Chief Building Official Cheatham, Fire Chief Lyons,

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

During the review, Mayor Sutherland advised that settlements have been made with First Energy and the Federal Emergency Management Agency (FEMA) related to Superstorm Sandy damage.  The amount of $75,000 is to be received from FEMA, and $86,600.90 from First Energy.  The reimbursement is for overtime costs incurred for Service and Safety services during and following the storm.

Mayor Sutherland further noted that area Mayors met to discuss the trash collection strike that recently occurred.  Some of the cities did not have their trash picked up at all.  Bay Village was fortunate to have their trash collected.  All cities will be receiving $2.50 per household as reimbursement for the work stoppage.  Bay will also receive an additional $4,000 for costs incurred.   A credit will be received in June.

Mr. Clark reported that the Crisis Communication Task Force will report on their findings and recommendations at the Regular Meeting of Council tonight.

Ordinance No. 13-17 enacting new Codified Ordinance Chapter 721, Peddlers, Solicitors, and Canvassers, will remain on First Reading.

Mr. Miller stated that the motion he will introduce this evening at the Regular Meeting of Council to refer the Saddler Beach Easement and Stormwater System Improvements to the Matters Pending before Council Committee is due to a conversation he had with property owners, Dick Majewski and Doug Borchert, as well as Service Director Galli.  The gentlemen shared some history on this matter and Mr. Miller thought it appropriate to put it on the agenda of the Public Improvements Committee to bring some finality and closure.  There will probably need to be some correction of the storm sewer lines in the area.  Mr. Miller will converse with Law Director Ebert and Dan Galli to find some of the boundaries and present it to the Public Improvements Committee.

Mr. Young reviewed the compensation ordinance that he will introduce at the meeting of Council this evening, which will make changes to the administrative structure of the Building Department, removing three positions.  Also removed from the compensation ordinance are the Safety Town Administrator, and the Interim Community Services Manager positions.  An Activities Manager at $30,830 annual salary is being added by virtue of the ordinance.  The position will cover work at both the Community Services Department and the Recreation Department.  The position will not affect the 2013 Budget of the city.  An allowance was made in the budget for additional help in the Community Services Department and the remainder of the amount needed for the salary will be made up by not having additional part-time personnel in the Recreation Department.  They will be borrowing from part-time wages to help staff the position.

Law Director Ebert advised that Chapter 1301 of the Codified Ordinances of the City of Bay Village will be reviewed for necessary modifications or amendments due to the changes in the Building Department.  This will be placed on the Council Committee agenda of May 13, 2013.

Finance Director Renee Mahoney reviewed the Supplemental Appropriation Ordinance to be presented to Council this evening.  The first item in the supplemental appropriations is the appropriation of $4,500 in anticipation of a disc golf course.  The amount of $3,000 has been received in donations and a potential of $1,500 more is expected.  The amount of $4,500 will be appropriated out of the Parks and Recreation Fund.  If the additional $1,500 is not received the total of $4,500 will not be spent.

A minor correction is being made in the Community Gym wages when an amount was incorrectly added to “Other” in the Annual Appropriation Ordinance.  The allocation will be changed by this supplemental ordinance to “Personal Services.”

A transfer is shown from the General Fund to the Community Gym.  There is an agreement with the Schools that the City would put in $6,000 at the onset for a capital improvement fund, with 3% added each year.  An analysis indicated that the fund was short $1,149 and a correction is being made with this supplemental appropriation ordinance.  After this transfer the fund will have approximately $45,000.

The $22,549 in the DARE Fund is residual money and can be transferred to the General Fund.

The Endowment Trust Fund has a number of small balances.  The amount of $4,700 was appropriated, based on last year’s appropriation, but there is only $1,585 in cash from Bike Patrol donations.  The appropriation will be reduced accordingly.  If further donations are received, the appropriation will be increased in the future.

Mr. Clark stated that Finance Director Mahoney did a nice job tabulating Exhibits A and B of the supplemental appropriation ordinance, the General Fund expenditures and capital projects on which the Finance Committee worked so diligently to balance the budget.  The exhibits are a good reference point as the year proceeds.  Mrs. Mahoney noted that anything highlighted in gray in the supplemental appropriation ordinance reflects the changes made.

Mr. Koomar echoed the comments of Mr. Young and Mr. Clark stating that overall the documentation and rationale behind everything is great.  The way it has been prepared is an easy reference and provides clarity in the months ahead.

Mr. Young commented on the Finance Committee meeting held at 8:00 a.m. this morning stating that one of the things covered in that meeting was a question by Councilman Miller about funding for engineering services and studies for possible improvements in the Sunset area.  The basic answer was that funds would be taken from the Infrastructure Improvement Fund.

The Police Department furnished the Finance Committee with a report of accumulated overtime hours to help the Finance Committee determine the liability of the city for monies to be paid out as overtime.  The Finance Committee will seek the same type of report from the Fire Department and Service Department.  At year’s end a portion of overtime earned can be paid and in the past the amount was unknown to Council until that time.  These reports will give the Finance Committee an idea as to the exposure.  Mrs. Mahoney stated that her goal is to eventually show that overtime on the time sheets through the city’s financial system rather than just having the departments keeping track of their overtime.  Mr. Koomar stated that the biggest concern is relative to the year’s approved budget and where the accounts will end up at year end.  By keeping track of that and integrating it within the system there will be a sense of accountability.

Mr. Tadych stated that the report received from the Police Department was calculated by hours.  The Finance Committee would like to see the dollar amounts for those hours as well to provide a better understanding.

Mr. Miller asked if this is being tracked through ADP.  Mrs. Mahoney stated that as of now the city is not going to ADP.  It is being tracked through the city’s payroll system.

Mr. Young stated that in addition to the Finance Committee trying to keep track of overtime costs they are also tracking receipts of municipal income taxes and health care costs for employees in order to meet budgetary challenges.

In regard to ordinances to be introduced this evening for payments to Alex N. Sill Co., and Osborn Engineering for professional services related to the hail damage claim for the roofs on city buildings and structures which occurred on May 9, 2010, Mr. Galli explained that he has furnished Council with a spreadsheet outlining the buildings to be re-roofed and the dollar values of the claims for each building.  The appraiser and consultant fees have been subtracted as a percentage of the overall claim settlement of $580,478.61 to adjust the available funds for each building and/or structure.  In the event that they do not reroof a listed building, the City will not be able to receive the depreciation amount for that building.  Those issues will be addressed after bids are opened, reviewed and contracts awarded.  There are also costs included for the replacement of screens and miscellaneous metals.  The final appraisal did not include reroofing the entire roof covering of all of the buildings.  The savings incurred by bidding and managing the project with city personnel will allow the reroofing of each of the buildings listed in its entirety.  City Hall has been bid and awarded.  The appraisal only included replacing the northern half of the city hall building at a cost of $52,680.34; the bid to replace the entire roof is $32,500.  Mr. Galli further advises that they are advertising the bids for the balance of the roofs on Friday, May 10 and May 17, and will open bids on May 24.  Subsequent to opening bids, he will bring the results to Council for further review and discussion.

Mr. Lee reviewed the motion he will introduce authorizing the Green Team to install a temporary banner from May 7 through May 18 at the Community Garden promoting the Spring Green Garden Show on May 18 at the Community Garden.  A similar installation will be placed in Cahoon Memorial Park.  The temporary banner size is 8 feet by 3 feet.

Mrs. Lieske will introduce a motion to accept the donation of materials and services of the Bay Village Garden Club for landscaping around the Gazebo in Cahoon Memorial Park.

Mrs. Lieske reviewed the work of the Recreation and Park Improvements Committee this evening at their committee meeting held beginning at 6 p.m. with a tour of the Community Gym at the Middle School.  When the meeting began at 6:30 p.m. at city hall, there was a presentation by Lawrence Kuh and his colleagues about the proposed disc golf program.  Further information will be received in the Council packets for discussion by the Committee of the Whole on May 13, 2013.

Mr. Tadych will introduce a motion this evening to auction for sale or scrap various equipment and vehicles.  If the City is not satisfied with the bid or bids received they are not obligated to sell the items.  The internet may be used for the sale of the equipment.  A list of the vehicles and equipments was provided to Council.

A second motion this evening by Mr. Tadych will authorize the Service Director to advertise for bids for the purchase of a walk-behind concrete saw.  Safety has been taken into consideration.

President of Council Koomar called the meeting to order at 8:00 p.m. in the Council Chambers of Bay Village City Hall, with the Pledge of Allegiance led by Ward 3 Councilwoman Karen Lieske.

Following the roll call, Mr. Koomar called for a reading of the Minutes of the Special Meeting of Council held April 22, 2013.  Mr. Young MOVED to dispense with the reading and accept the minutes as prepared and distributed.   Motion carried 7-0.

ANNOUNCEMENTS

Mayor Sutherland stated that she met with other area Mayors that were affected by the Republic Waste trash strike.  It was interesting to hear the different communities’ experiences.  Bay Village was fortunate in that the entire city was picked up because not every city even got their trash collected.  Republic will credit the city with $2.50 per household in addition to the $4,000 to pay back for overtime usage.  The credit will be seen on the bill received by the city in June.

The Mayor noted that most of the cities felt this was a fair amount, with the exception of the City of Avon Lake due to their situation where the residents contract directly with Republic.  The City of Avon Lake only pays half of the trash pick-up.

The group of Mayors is also putting a letter together to Republic requesting from them a contingency plan and how they might deal with this if it comes up again.

Notification has been received from First Energy that the City will be getting $86,000 from them regarding the storm damage from Superstorm Sandy.  Another $75,000 will be received from FEMA.

REPORTS

Law Director Ebert had no report this evening.

Finance Director Mahoney reported that the Auditors are now auditing the city’s financial records.

Recreation Director Enovitch advised that May 14 is the end of the Early Bird pricing for pool passes.  Mr. Enovitch encouraged everyone to stop in the Recreation Department office for their pool passes, and book a splash party if one is in their plans, since splash parties are booking quickly.  The pool opens June 1, 2013, with normal hours of operation.  For the week following, because school is still in session, the pool will be open from 3 p.m. to 7 p.m.  Full operating hours will begin Saturday, June 8, 2013.

Director of Public Service and Buildings Galli reported that asphalt coating to the Dover Center Road Tennis Courts is scheduled for Tuesday, May 7, 2013.

Mr. Galli advised that SAFEbuilt took over the Building Department on Wednesday, May 1.  Mr. Galli introduced Mr. John Cheatham, the Chief Building Official.  An open house of the SAFEbuilt headquarters on the first floor of the City Hall building was held his evening.  Mr. Galli invited residents to stop in and meet Mr. Cheatham and see the facilities.  Mr. Galli stated that as Building Director, he will still be personally involved in representing the City, and invited anyone to contact either Mr. Cheatham or himself and pledged to provide a high level of service.

Mr. Cheatham stated that he has an open door and invited visitors at any time, stating that service is the main thing they want to provide.

Community Services Director Bock announced that the electrician has installed new lighting at the Dwyer Memorial Center and it is absolutely phenomenal.

Fire Chief Lyons reported that hydrant testing and inspection is underway and the public’s forbearance will be appreciated.  An e-mail blast has been sent from the Mayor’s office, as well as other notices publicized.  The City Hall receptionist can be reached at 440-871-2200 to learn when the men will be in specific neighborhoods.  If iron ore residual is found to be in laundry, the Fire Department will provide rust remover free of charge.

COMMUNICATIONS

The following communications were received and are on file in the Clerk of Council office for public inspection:

Norfolk and Southern Train Report No. 175, reporting that there were 2.2 trains per day on average through the City of Bay Village during March, 2013.

Communication from Scott M. Tuma, Councilman, Ward Eight, City of Parma, attaching a copy of Resolution No. 37-13 passed by Parma City Council on April 15, 2013 urging the Ohio Board of Building Standard to consider amending the Ohio Building Code to require Photoelectric smoke/fire detectors in sleeping rooms.

AUDIENCE

The following members of the audience signed in this evening:   Dick Majewski, Tom Henderson, Scott Mahoney, Jeff Gallatin, Bruce Geiselman, Sue Fink, Mike O’Boyle, Russell Thompson, Chris Hopkins, Linda Gross, Jerrie Barnett, Jen Kennedy, Brenda O’Reilly, Kevin McGinty, Susan Murnane, Marty Mace, Doug Borchert, Tom Henderson, Warren Remein, Barry Ward, Scott Pohlkamp, Bernadette Novy Enochian, Lawrence Kuh

Nancy Brown asked clarifications on the items listed under Executive Session this evening.  Ms. Brown asked why the SAFEbuilt lease is in Executive Session if everything is in motion.  Law Director Ebert stated that the rental amount must be determined.  The understanding that the Mayor has is that SAFEbuilt would pay for half of the buildout of the former police headquarters.  Figures are still being gathered, and the Executive Session will include a report of those figures and a draft of the lease.

The Executive Session also includes the Ohio Citizens Action Group regarding the Peddlers and Solicitors ordinance.  That will not be discussed this evening.  It had been placed on the agenda anticipating the reading of a new ordinance.  The item is still in litigation.

The Inglefield litigation is concerning a house on Lake Road that suffered sewage damage due to the failure of a City pump.  There was no insurance to cover the costs incurred.  The City settled with the homeowner.  The City was sued by the tenant who had damage to personal property.  The City has cross claimed against the excavation company and engineer for the design of the pump.  Ms. Brown asked how long this piece has been going on.  Mr. Ebert stated that it has been going on for close to a year.  One pre-trial has been held in court.  Ms. Brown asked how many hours have been put into this.  Mr. Ebert stated that depositions have been taken and are scheduled for other service workers in the next couple of weeks.  It is paid for by the City.  There is no insurance for sewage back-up.

Susan Murnane, 30509 Willoway Lane, stated that Law Director Ebert and she have been in discussion regarding the fact that her email is being bounced by the City Hall as Spam.  About one month ago or more Mrs. Murnane’s email was hacked, but that has been taken care of for some weeks now.  The hard drive has been scrubbed, AT&T has verified that the system is clean, and there is no trouble with any other email in the world.  The techs at Case Western advise that there is nothing Mrs. Murnane can do; it has to come from the City.  Mrs. Murnane tried to contact Miss Popovich at City Hall, but her email was bounced as Spam.  Mr. Ebert stated that the tech representative for the City comes in on Tuesday and has this on his agenda.  Last week the work was successful and emails went back and forth, but the interruption is back again.  Mrs. Murnane provided her telephone number to Mr. Ebert for contact by Bailey Communications.

Ms. Brown stated that Mrs. Murnane and she are also present this evening to support the Crisis Communication Task Force who will present their report and recommendations to Council this evening.  Ms. Brown noted that she and Mrs. Murnane will be glad to answer any questions, and that she realizes the Council is being given a diluted or smaller version of their report. Ms. Brown stated that the members of the Task Force had a lot of fun and did a lot of brainstorming.  Chief Lyons, Chief Wright, and Director Bock attended all of the meetings.  They are hoping that if Superstorm Sandy or another event occurs the City is better prepared, and things will be tested, evaluated, and looked at, either by event or on a daily basis.  It is going to a community effort to make this a successful program.

Jerrie Barnett thanked Don Landers the Service Department for filling the holes on Lake Road.  They have all been done and it is greatly appreciated by drivers.

Bernie Novy Enochian from 306 Florence Court, part of the Saddler Beach Association, and just moved back into the family home in the last six months.  Ms. Enochian is glad to be back and hopes to attend more meetings.  Ms. Enochian was welcomed.

ENVIRONMENT, SAFETY & COMMUNITY SERVICES COMMITTEE

Crisis Communication Task Force Report

Mr. Clark referred to Mayor Sutherland and stated that many people have put a great deal of effort to the work to be presented by the Crisis Communication Task Force this evening.

Mayor Sutherland stated that as most will remember the area was hit with a very awful storm at the end of October and had some challenges communicating without power, internet, or phones.  Some areas of communication worked very well.  They had just started the Nixle texting and email.  That worked well, but there were other things that did not work well.  Mayor Sutherland stated that as a result she put together the task force with some wonderfully talented marketing people and passionate residents.  They have come up with a wonderful product that the entire community needs to embrace.  It is not something the government can require people to do but it is hoped that everybody will take personal responsibility and follow through on some of the recommendations.

Mayor Sutherland introduced Dave Adams and Jen Kennedy, and thanked them for chairing the Crisis Communication Task Force.  The Mayor noted further that the city does have emergency plans, and it was not the response of the Fire, Police and Service Department that was called into question.  It was how we communicate in that type of emergency, and they did a great job of threading that needle.  Mayor Sutherland asked any other members of the committee present to stand and be acknowledged.  The Mayor expressed appreciation to Nancy Brown, Susan Murnane, Chief Lyons, and Director Bock, and in his absence, Chief Wright, for all the time that they put in on this effort and a wonderful example of the things our residents can do.

Dave Adams expressed appreciation to the Mayor, Council, and the members of the Crisis Communication Task Force Committee.   Mr. Adams stated that he was a newspaper reporter for 15 years, and in that role covered many disasters.  He moved into online content production for a news website, did public and media relations for the Northeastern Ohio region for Huntington Bank, and now does marketing communications for Ernst and Young Advisory Communications Group.  Jennifer Kennedy introduced himself stated that she also has a marketing and public relations background.  She ran the marketing and public relations for Community Health Partners for seven years prior to starting her own consulting business.  Mrs. Kennedy stated that she is a fairly new Bay Village resident, and has four children.  Jennifer thanked Councilwoman Karen Lieske, who attended many meetings and continuously told them that they had the support of City Council.

The following reports were presented to Council and a copy is attached to the original copy of these minutes as if fully incorporated herein:

Bay Village Mayor Deborah Sutherland’s Emergency Communications Task Force Draft Recommendations, April, 2013

Recommendations for Improving Emergency Communications researched and compiled by the Bay Village Emergency Communications Task Force, May, 2013

Mr. Koomar thanked Mrs. Kennedy and Mr. Adams for their time and dedication in submitting this information to Council and the administration.  Mr. Clark, as Chairman of the Environment, Safety and Community Services Committee will connect with the Task Force to further explore their recommendations.

Mayor Sutherland stated that the Task Force did a great job in nailing down what needs to be done, and it will be done.

PUBLIC IMPROVEMENTS /STREETS/SEWERS/DRAINAGE COMMITTEE

Motion by Miller to refer Saddler Beach Easement and Stormwater System Improvements to the Public Improvements, Streets, Sewers and Drainage Committee.

Motion carried 7-0.

FINANCE & CLAIMS COMMITTEE

Mr. Young introduced ORDINANCE NO. 13-33 AMENDING ORDINANCE NO. 12-109, REGARDING RATES OF COMPENSATION FOR THE OFFICERS AND EMPLOYEES OF THE GENERAL ADMINISTRATION DEPARTMENT AND THOSE EMPLOYEES OF THE CITY NOT COVERED BY SEPARATE LABOR CONTRACT FOR THE CALENDAR YEAR 2013 AND THEREAFTER, AND DECLARING AN EMERGENCY, and moved for adoption.

There being no further discussion, Mr. Koomar called for a vote on the motion to adopt Ordinance No. 13-33.

        Roll Call on Suspension of Charter Rules:

                Yeas- Clark, Koomar, Lee, Lieske, Miller, Tadych, Young

                    Nays-None

        Roll Call on Suspension of Council Rules:

                    Yeas –Clark, Koomar, Lee, Lieske, Miller, Tadych, Young

                    Nays–None

        Roll Call on Use of the Emergency Clause:

                    Yeas –Clark, Koomar, Lee, Lieske, Miller, Tadych, Young

                       Nays -None

        Roll Call on Adoption:

                    Yeas–Clark, Koomar, Lee, Lieske, Miller, Tadych, Young

                    Nays–None.

Mr. Koomar announced adoption of Ordinance No. 13-33 an emergency measure, by a vote of 7-0.

Mr. Young introduced ORDINANCE NO. 13-34 TO AMEND APPROPRIATIONS FOR THE CURRENT AND OTHER EXPENDITURES OF THE CITY OF BAY VILLAGE FOR THE FISCAL YEAR 2013, AS PREVIOUSLY APPROPRIATED IN ORDINANCE NO. 13-15, AND DECLARING AN EMERGENCY, and moved for adoption.

There being no further discussion, Mr. Koomar called for a vote on the motion to adopt Ordinance No. 13-34.

        Roll Call on Suspension of Charter Rules:

                Yeas- Koomar, Lee, Lieske, Miller, Tadych, Young, Clark

                    Nays-None

        Roll Call on Suspension of Council Rules:

                    Yeas – Koomar, Lee, Lieske, Miller, Tadych, Young, Clark

                    Nays–None

        Roll Call on Use of the Emergency Clause:

                    Yeas –Koomar, Lee, Lieske, Miller, Tadych, Young, Clark

                       Nays -None

        Roll Call on Adoption:

                    Yeas–Koomar, Lee, Lieske, Miller, Tadych, Young, Clark

                    Nays–None.

Mr. Koomar announced adoption of Ordinance No. 13-34 an emergency measure, by a vote of 7-0.

Mr. Young introduced ORDINANCE NO. 13-35 AUTHORIZING PAYMENT TO ALEX N. SILL CO., FOR APPRAISAL AND ADJUSTMENT SERVICES RELATED TO THE HAIL DAMAGE CLAIM FOR THE ROOFS ON CITY BUILDINGS AND STRUCTURES, AND DECLARING AN EMERGENCY, and moved for adoption.

There being no further discussion, Mr. Koomar called for a vote on the motion to adopt Ordinance No. 13-35.

        Roll Call on Suspension of Charter Rules:

                Yeas- Lee, Lieske, Miller, Tadych, Young, Clark, Koomar

                    Nays-None

        Roll Call on Suspension of Council Rules:

                    Yeas –Lee, Lieske, Miller, Tadych, Young, Clark, Koomar

                    Nays–None

        Roll Call on Use of the Emergency Clause:

                    Yeas –Lee, Lieske, Miller, Tadych, Young, Clark, Koomar

                       Nays -None

        Roll Call on Adoption:

                    Yeas–Lee, Lieske, Miller, Tadych, Young, Clark, Koomar

                    Nays–None.

Mr. Koomar announced adoption of Ordinance No. 13-35 an emergency measure, by a vote of 7-0.

Mr. Young introduced ORDINANCE NO. 13-36 AUTHORIZING PAYMENT TO OSBORN ENGINEERING FOR PROFESSIONAL SERVICES RELATED TO THE HAIL DAMAGE CLAIM FOR THE ROOFS ON CITY BUILDINGS AND STRUCTURES, AND DECLARING AN EMERGENCY, and moved for adoption.

There being no further discussion, Mr. Koomar called for a vote on the motion to adopt Ordinance No. 13-36.

        Roll Call on Suspension of Charter Rules:

                Yeas- Lieske, Miller, Tadych, Young, Clark, Koomar, Lee

                    Nays-None

        Roll Call on Suspension of Council Rules:

                    Yeas –Lieske, Miller, Tadych, Young, Clark, Koomar, Lee

                    Nays–None

        Roll Call on Use of the Emergency Clause:

                    Yeas –Lieske, Miller, Tadych, Young, Clark, Koomar, Lee

                       Nays -None

        Roll Call on Adoption:

                    Yeas–Lieske, Miller, Tadych, Young, Clark, Koomar, Lee

                    Nays–None.

Mr. Koomar announced adoption of Ordinance No. 13-36 an emergency measure, by a vote of 7-0.

PLANNING, ZONING & PUBLIC GROUNDS & BUILDINGS COMMITTEE

Motion by Lee authorizing the Green Team to install a temporary banner from May 7th though May 18th at the Community Garden near the intersection of Forestview Drive and Wolf Road promoting “Spring Green Garden Show on May 18th” per the artwork presented.

Motion passed 7-0.

Motion by Lee, authorizing the Green Team to install a temporary banner, in the dimensions of 8 feet by 3 feet, from May 7th though May 18th in Cahoon Park near the intersection of Cahoon Road and Wolf Road promoting “Spring Green Garden Show on May 18th” per the artwork presented.

Motion passed 7-0.

RECREATION AND PARK IMPROVEMENTS COMMITTEE

Motion by Lieske to accept the donation of materials and services of the Bay Village Garden Club for landscaping around the Gazebo in Cahoon Memorial Park.

Motion passed 7-0.

SERVICES, UTILITIES & EQUIPMENT COMMITTEE

Mr. Tadych stated that at the last meeting of Council the possibility of development on Sperry Road in Westlake affecting Bay Village residents was discussed.  Mr. Tadych attended a City of Westlake Planning Commission meeting on April 29, 2013.  Several Bay Village residents also attended and voiced opinions.  The City of Westlake planning officials were very attentive and expressed much concern about the noise and recognized that Bay Village is the city that has residences closest to the area of development.  An automobile dealership will be put in at 24690 Sperry Road, with the existing building to be torn down and a two story building constructed.  The area behind the dealership will be buffered by the State of Ohio Vehicle E-Check area, providing further protection for Bay Village residents.  The City of Westlake stated that the development would be 440 feet from the Bay Village properties, and passed resolutions that no billboards will be allowed, trailers and trucks will only be operated and unloaded during normal business hours, not during the evenings, special lighting will be used so that the lights do not interfere with the neighbors, and evening lighting and regular lighting during operations will be provided.  The Planning Commission stated that no outdoor public address system would be permitted on the premises, furthering the reduction of noise. Operations will close at approximately 9 p.m.  The City of Westlake was very supportive of Bay Village residents and their concerns.

Motion by Tadych authorizing the Service Director to auction for sale or scrap various equipment and vehicles.  A list has been provided to Council of 14 pieces of equipment that are going to be included in that sale.

Motion passed 7-0.

Motion by Tadych authorizing the Service Director to advertise for bids for a walk-behind concrete saw.

Motion passed 7-0.

MISCELLANEOUS

In compliance with Section 121.22 of the Ohio Revised Code, Mr. Young MOVED to convene to Executive Session regarding contract (SAFEbuilt lease), labor contracts (Police, Fire, Service, Admin.) and litigation (Ohio Citizens Action Group, Inglefield)

Roll Call Vote:  Yeas- Clark, Koomar, Lee, Lieske, Miller, Tadych, Young.  Nays – None.  Motion passed 7-0.

Prior to convening to Executive Session, Council adjourned briefly to conduct a meeting of the Cahoon Memorial Park Trustees at 9:11 p.m.  At 9:14 p.m. the meeting of the Cahoon Memorial Park Trustees adjourned, and Council moved to Executive Session.  Also present in Executive Session were Mayor Sutherland, Law Director Ebert, Finance Director Mahoney.

Council reconvened in an open meeting at 9:38 p.m.  Present were: Clark, Koomar, Lee, Lieske, Miller, Tadych, Young.

There being no further business to discuss, the meeting adjourned at 9:39 p.m.

____________________________                         ________________________

Paul Koomar, President of Council                        Joan Kemper, Clerk of Council

Comments

comments