Minutes of a Regular Council Meeting - Olmsted Falls, Ohio



City of Olmsted Falls

Minutes of a Regular Council Meeting

Tuesday, May 24, 2016, at Olmsted Falls City Hall

26100 Bagley Road – Council Chambers, 7:30 p.m.

The Pledge of Allegiance was recited. Mayor Ann Marie Donegan Council called the meeting to order at 7:30 p.m. Roll call was conducted. Councilmen Jay Linn, Linda Garrity (arrived at 7:32 p.m.), Jim Haviland, Bob Sculac, Paul Stibich, Terry Duncan, and Kyle Miller were present.

Also in attendance: Santo Incorvaia, Asst. Law Director, Mike DeSan, Asst. Finance Director, Joe Borczuch, Service Director, Rosann Jones, Manager Business and Community Services, and Dan Gilles, Police Chief. Audience: 3.

Approval of Minutes:

Mr. Linn moved to approve the minutes from the Special Council Meeting of May 10, 2016; Mr. Stibich seconded. Mr. Miller indicated a grammatical error on Page 137, line 20. Poll as amended: 7 ayes; 0 nays. Motion carried.

Mr. Stibich moved to approve the minutes from the Regular Council Meeting of May 10, 2016; Ms. Duncan seconded. Ms. Garrity indicated a typographical error on Page 148 line 15. Poll as amended: 7 ayes; 0 nays. Motion carried.

Consideration of Amendment to the Agenda

Mr. Linn would request that an executive session be added to the end of the meeting.

Mr. Linn moved to add an executive session to the end of the meeting to discuss matters of personnel pursuant to O.R.C. 121.22(G)(1) and pending litigation pursuant to O.R.C. 121.22(G)(3); Ms. Garrity seconded. Poll: 7 ayes; 0 nays. Motion carried.

Mayor’s Report and Appointments

Mayor Donegan introduced Mr. Mike Chambers from the National League of Cities. Mr. Chambers will be discussing the service line warranty program. She stated that Mr. Chambers did make a presentation to Council a couple of years ago. Resolution 11-2016 deals with this program.

Mr. Chambers stated that the reason the National League of Cities has become involved in this type of program is due to the fact that we understand that aging infrastructures in cities, especially water and sewer lines. One of the big issues is while municipalities are doing their part to maintain those water and sewer lines there are miles and miles of lines under residential properties that no one maintains. When a resident has a broken water line from recent thawing or roots in their sewer lines a lot of times their first call is to the city at which time a service employee is sent out to make sure the city’s lines are working properly. He stated that 95% of the time the problem is not on the city’s side but rather the resident’s side. Now, the city is in the middle of an issue and it is their responsibility to inform the resident that the problem has been located but it is the resident’s responsibility to repair. A lot of times the resident does become upset as they will be responsible for a $3,000 to $4,000 repair costs. First, residents need to be educated as to what portions of the lines are their responsibilities and secondly there is a warranty aspect of the program and if the residents chooses they can enroll in that program to help cover those costs. One of the big benefits to the program is that the National League of Cities only uses contractors from inside the city for the repairs. A couple of reasons that is important is because we try to keep all the dollars within the community. More importantly, this program tries to strengthen infrastructure across the country, so by using local contractors we will make sure that all codes are met for the city and that the lines are repaired as the city would like as these lines are connected to the city system. For the resident, they receive a product that covers everything from the point of entry to their home all the way to where the city takes up responsibility. The program covers everything from simple cleanout of roots all the way up to a full line replacement.

He stated that the marketing of the program is completed through an educational direct mailing which are mailed once in the spring and twice in the fall. Before this letter is mailed we will provide a copy to the city for review to make sure that you are happy with the language in the letter. Currently there are approximately 400 cities across the country participating in this program that raise in size from the largest, like Phoenix, Atlanta and San Diego, all the way down to cities and municipalities with a couple of hundred of houses. In the State of Ohio we have approximately 20 partners. In the immediate area that includes Twinsburg, Akron, and Parma Heights. The next mailing will be in the fall and he believes that there will be approximately 8 to 10 partners from Akron suburbs to Cleveland suburbs. Since the program’s inception in 2010 the program has paid over $64 million dollars in repair costs, while maintaining a 98% customer satisfaction rating.

Mayor Donegan stated that the National League of Cities has been around for quite some time and the City of Olmsted Falls also participated in a prescription drug program. This program offered considerable prescription discounts to those residents under insured or non-insured. There was some hesitancy because there has been a flood of these types of requests and concerns regarding the city endorsing the program.

Mr. Linn asked what Mr. Chambers would need from the city. Mr. Chambers stated that this is a turn-key program. The National League of Cities handles all the marketing and customer service. There is no cost for the city to participate in the program. The only city participation would be the letter sent out to the residents, which you will review and approve prior to mailing. The city logo would also be needed for that letter. Mr. Linn asked if the sewer line was the only one covered. Mr. Chambers indicated sewer and water lines. Mr. Linn stated that residents get inundated now with gas, electric and overhead line insurance and asked if this would be just another solicitation sent to the residents. Mr. Chambers stated that the National League of Cities will work with the city and will not do anything the city does not want to participate in. Mayor Donegan stated that she feels that this program has a stamp of approval where there are some larger people involved to offer this opportunity to the residents to help with these types of repairs. Mr. Linn asked what would be the obligation of the city. Mr. Chambers reiterated that the only obligation from the city is the letter sent to residents. We have never had any issues with a city pulling out of the program and the City of Olmsted Falls is welcome to cancel the program. With the experience we have had and the fact that we have paid out $100,000 claims we have partners that the city may contact for references. Mr. Linn stated that if this program goes south, is the city bound to endorse the National League of Cities as the entity that would take care of the water and sewer lines. Mr. Chambers replied no that is covered in the agreement, the City would be indemnified. He stated that the contractors are also bounded. Any contractor involved in the program must be licensed and insured. Mr. Linn asked what Mr. Chambers meant by “contractors within the city.” Mayor Donegan stated that he was referring to those contractor’s registered with the city. Mr. Chambers stated that we asked for a list of contractor’s who we then vet and make sure they are licensed and insured. Mr. Linn asked if the letter would be sent on city letterhead. Mr. Chambers indicated that the City of Olmsted Falls with its logo would be on the letter as well as the National League of Cities. He stated that the letter will state that they are a separate entity. Mr. Linn asked for the average monthly costs for the program. Mr. Chambers indicated that the water line cost is $5.75 per month and the sewer line is $7.75. Most resident pay by the year and receive a 10% discount.

Mr. Haviland stated that he recently received information from the Regional Sewer District offering similar warranties including hot water tank replacement. Would this be a similar offering? Mr. Chambers indicated that he was unaware of that program. He stated that his program is full coverage for the resident and covers repairs and replacement. A lot of the other programs only cover repairs and could require some sort of deductible. His program has no deductible and no service fees. Some other programs also have annual caps, his program has no cap, which means if a resident needs a sewer line cleaned out and then six months later the same line is backed up they can call and the repair will be made. Mr. Haviland stated that there are other entities contacting the residents and if the City believes, after vetting, that this program will be offered to the residents how quickly would the information be sent out. Mayor Donegan stated that there will be a fall mailing. She indicated that when the next city newsletter is sent out to residents there will be a small article regarding this program. She would like a decision prior to Council’s recess.

Mr. Stibich asked Mr. Haviland what the cost was for the NEORSD program. Mr. Haviland stated that he believes the price was $4.95 for water and another charge for sewer, if you choose all three programs then a discount is applied. Mr. Stibich stated that he received a similar solicitation in the mail from the City of Cleveland Department of Water indicating that full protection is $3.25 a month. There seems to be a lot of people offering these services and he does not know what would distinguish the NLC program from theirs. Mr. Chambers stated that the Cleveland Water program does not cover replacement costs. Mr. Stibich stated that if Council gives their approval this will be consider an endorsement as the city name and seal will be included on the information. In essence we will be telling residents that this is a good program. His personal feeling is that the city should not pick winners or losers and the residents should make their own choices based on what programs are out there. He does not feel that the city should endorse the program.

Ms. Garrity asked how a resident would file a complaint. Mr. Chambers stated that when a resident signs up for the program they are then provided a phone number to the call center. This is a 24 hour a day; 7 days a week; 365 days a year center and will be answered by a live person. Once the call is make we will dispatch a plumber and that plumber will contact the resident to schedule an appointment at the resident’s convenience. There are no service fees or reimbursements once the resident calls the center the warranty program covers the costs. Ms. Garrity stated that if a resident is not satisfied with the work performed how would they follow up? Mr. Chambers replied the nice thing is that a resident has the call center and our program has a 98% customer satisfaction rate. Ms. Garrity asked if claims are denied. Mr. Chambers stated that the main reason claims are denied is lack of payment. A resident makes the decision to stop paying for the program and six months down the road they will call in and file a claim and then unfortunately we cannot service that resident.

Ms. Duncan stated that she has spoken with her neighbor who did have issues with her sewer line and she paid for some kind of insurance through NEORSD and she could not get ahold of anyone. Unfortunately she asked for help but Ms. Duncan indicated that she could not help her at that point in time but with this program Council would have a phone number to give residents.

Mayor Donegan stated that she appreciates Mr. Stibichs’ comments but residents do not have to enroll in the program. This city has a failing infrastructure and individuals who have purchased homes do not know where these lines are hooked up. The silver maples that abound our city contribute to issues. If a resident chooses the NLC this is a company that the city has checked out and we can hold accountable. You cannot engage in the National League of Cities on your own like NEORSD or Cleveland Water. This will at least offer something to remedy a situation which she believes the city should help solve.

Mr. Stibich asked if there was anything to stop Mr. Chambers from sending out a solicitation without the City’s endorsement. Mayor Donegan stated with the NLC it is not the same. Mr. Chambers stated that the NLC will not send out a solicitation because most residents have never heard of the NLC and less than 1% would not read the letter. If that were to happen no one would sign up for the program which would mean an increase in costs because there would not be enough participation. The only other thing we could do is change the program and remove the replacement coverage being offered.

Mayor Donegan asked that Mr. Chambers provide to the City references that Council could check. Mr. Stibich stated that he would like information from the City of Cleveland Water Department and the NEORSD for their programs in order to compare. Mayor Donegan stated that she would like Council’s decision prior to summer recess.

Ms. Jones stated that she previously met with Mr. Haynes and he will discuss a mobile app. This app is not just for individual cities they are attempting to engage different cities. She became interested in this app because of this point. If you are looking for information you will not only find what is immediately within our city but you will find information on multiple communities. This is not a large cost and it would be nice for the city to move into the mobile app age. Mayor Donegan stated that she does not necessarily need Council’s approval because it is inexpensive but she wanted Council to be informed and obtain any suggestions or recommendations.

Mr. Haynes stated that he is the CEO and one of the founders of the company. Community Synk believes that you should be able to connect to any community that you find yourself in. Whether you live in Olmsted Falls or work in Strongsville and your son lives in Medina. His company was formerly known as Citizens Synk and started in May of 2013. We started the company on the premises of this: we didn’t want to just build an app for the City of Olmsted Falls, we wanted to build an app for Olmsted Falls, Ohio. The City of Oberlin sign up in August of 2013 and launched their app in September. This was a combined project between the City of Oberlin, Oberlin College and the downtown business partnership, which his basically their Chamber of Commerce. They had a business directory and you could see anything going on in the community weekly. He then obtained the City of Strongsville, Grandville, Fairlawn, and Woodmere. All of these cities were combined projects with the Chamber of Commerce’s.

Mr. Haynes stated that he has five app’s on the market and each app has an average of 2,000 downloads with an average of 13,500 session, meaning an individual opened up the app. 70% of the users opted to receive a push notification, meaning they want to be notified when the city sends out information; 50% of traffic of each app was actually from people using the app from outside the city limits. This shows how important it is when you talk about region and visitors and residents. Most popular section in each app, consistent, city announcements, city events and local events. More importantly the most user feedback received was that they did not like having multiple city apps on their phone. From this information he has determined rather than having multiple apps for individual cities he will launch a community synk mobile app which will combine city events and announcements from all over the region in one place. This will be location based, if you open up the community synk app and you are in Olmsted Falls you will receive the information for that city. He presented screen shots to Council showing how the app would work and look. Mr. Miller asked who would populate all the information. Mr. Haynes indicated that the announcements and events will be populated by the city itself, completing this is as simple as a Facebook post.

Mr. Haynes stated that apps for individual cities is expensive, he was charging $7,500 up front with a $1,000 retainer fee. You will have multiple secure logins. The community synk app will promote Olmsted Falls with the other cities he has partnered with. This app will show all the events in each community. He stated that most cities have a Facebook page. He personally does not like Facebook because for each positive post the city receives negative comments. In order to deal with the comments cities pay a staff member to handle.

He stated that he met with his staff and would like to launch the community synk app by late summer. He has decided to waive the $500 set up for any city that signs on prior to the launch. He stated that the cost will be $100.00 a month for the city to be included in the app.

Ms. Garrity asked how community synk makes money, will there be advertisements on the app. Mr. Haynes stated that he makes money from the individual cities. In his previous apps he use to offer businesses the ability to advertise but removed those because everyone was asking small businesses to advertise and he no longer wants to deal with this market area. When the app grows maybe he will open back up opportunities for advertisements. The app will be free to download for apple and android phones.

Ms. Jones stated that a few years ago she spoke with an individual at Kamms Corner about an app for the city and she was informed that it was expensive and they were hard to use. This app is affordable and Mr. Haynes company will help advertise the launch of the app.

Mr. Stibich asked how many communities were currently signed up. Mr. Haynes indicated that at the beginning of the year he went to his current clients who have individual city app’s, Grandville, Strongsville, Oberlin, Fairlawn, and Woodmere. They were informed that later in the year he would transform the individual city app’s to the community synk app. All five cities indicated that they will continue with their contract and like the new community synk app. Mr. Stibich stated that the cost to the city will be $99.00 per month with the $500 set up fee waived. Mr. Haynes replied that was correct. He stated that he will ask the Mayor to sign an order form indicating that when the app launches the city will pay $99.00 per month. There is no time commitment nor contracts. He does not like contracts he believes that if your product is valuable the cities will remain with you. Mr. Stibich asked what the long term goal for the product would be. Mr. Haynes stated that he is aiming for 25 cities prior to launch. He is focusing on Northeast Ohio, once this region is concurred he will focus on other local regions.

Mr. Haviland thanked Mr. Haynes for his presentation and the Mayor for updating Council. This is just another example of the forward thinking of the administration and in this case this will keep the city out in front of the mobile app trend and agrees with joining. Mayor Donegan indicated that the city will move forward with this mobile app.

Mr. Miller stated that this is the innovative thinking and typically he has the monopoly on that being the millennial on Council. He believes this is interesting and with each new city that signs up will be a benefit for Olmsted Falls. He also believes it is incumbent upon Council to reach out to other cities and encourage them to join.

Mr. Sculac moved to appoint Brandon Bement to the position of part time firefighter in the Olmsted Falls Fire Department, pending a background check; Ms. Duncan seconded. Poll: 7 ayes; 0 nays. Motion carried.

Mayor Donegan indicated that Mr. Hughes was a 20 year part time officer with the city and is also the Fire Chief in Westlake. He has indicated that he would like to join Olmsted Falls Police Department again as a reserve officer. The City will waive the background check as he has already received one in Westlake.

Mr. Linn moved to appoint James Hughes to the position of Reserve Officer in the Olmsted Falls Police Department; Ms. Duncan seconded.

Mr. Sculac asked if this was the individual who left the City due to his appointment as a Fire Chief. Mayor Donegan indicated that he did resign as a part time officer, but would like to come back as a reserve officer and is still the Fire Chief in Westlake. She indicated that both Chief Gilles and Deputy Chief Traine recommend this appointment. Mr. Miller asked if the city would face any legal issues waiving the background check. Mr. Incorvaia replied that Mr. Hughes was a police officer previously with the City. He is currently the Fire Chief in Westlake and does not believe the city will be askew in waiving the background check. Mayor Donegan indicated that the city has spoken with Westlake and we feel comfortable with his background check. Poll: 7 ayes; 0 nays. Motion carried.

Mr. Stibich moved to appoint Robert Thompson to the position of reserve officer in the Olmsted Falls Police Department, pending a background check; Ms. Garrity seconded. Poll: 7 ayes; 0 nays. Motion carried.

Mayor Donegan indicated that the administration will have Charter changes on the agenda by the next meeting. She will ask that another meeting of Council be scheduled in June or unfortunately she will need to call a special meeting in July. She asked Council to forward dates to the Clerk in June. Mr. Sculac asked that any meetings be scheduled for Tuesday as Council is acclimated to that timeframe. Mayor Donegan suggested June 7th at 6:30 p.m.

Mayor Donegan indicated that Chief Gilles provided over time reports for the police department but she has not had an opportunity to review as they compare to previous quarters. She stated that compared to the service department the overtime looks high for police.

Mayor Donegan stated that the Local Government Innovative Fund which funds the development of Community Paramedicine; the City received $50,000 from the state. We are not optimistic in this round of getting all of the equipment for example, an EMS vehicle, but does hope the city will receive funds in the next cycle scheduled for September. This is an innovative new program and the administration is excited to begin launching, with the cost being borne by the State of Ohio.

The master plan and MUTND public hearing will be held on June 14th.

She asked Council to hold on their approval of Council’s Rules of Orders until Mr. Presley and Mr. Sponseller can comment.

She stated that a letter has been sent to the Federal Railroad Administration regarding the city’s ongoing issues with the railroads. For example, closing the CSX tracks without notifying the city which caused a significant amount of damage to local businesses in the area. She stated that Ms. Vrettos, who has hands on experience with the FRA, put together a packet of information.

Communications from Residents

Tony Campanalie, 7565 Clark, stated that everyone knows the RNC is coming to Cleveland. This will increase plane traffic. There seems to be one set of plane traffic that comes through the city approximately four to five times every day at specific times. This traffic begins at 5:40 a.m. and runs until 9:00 a.m. This traffic goes directly over his home and his neighbors from the airport outbound. This same traffic pattern starts again at lunchtime and again at dinner time and then the traffic stops. He stated that you could almost set your watch with this particular traffic which drowns out your television and vibrates your home. What he does not understand for almost a year and a half the planes follow the same traffic pattern. He has had his cars covered in jet fuel. He does not understand why the traffic comes in one direction and specific times. They are not fanned out there is no reprieve.

Mayor Donegan stated that she has heard some complaints regarding unbelievable changes in air traffic. She asked the Clerk to note this issue and she will contact the City of Cleveland. Mr. Linn stated that this pattern could be due to the fact that he has lodged at least 75 complaints. He contacted the Port Authority and report tail numbers if possible.

Mr. Campanalie stated that at 10:30 p.m. traffic starts and runs until 1:00 a.m. then the traffic begins again at 5:40 a.m. It makes no sense that the traffic is consistent. Mr. Linn stated that landings do not have a big fan out pattern but the take-offs do.

Mr. Haviland asked if these planes were commercial or passenger. Mr. Campanalie stated that he is unsure. Ms. Garrity stated that if a resident believes the plane is too low there is a number that can be contacted.

Approval of Bills:

Mr. Sculac moved to approve Pay Ordinance 2016-10 amended; Ms. Duncan seconded. Mr. Stibich commented that there is another $9,000 charge in legal fees with another large payment for the service garage. Poll: 7 ayes; 0 nays. Motion carried.

Officials Reports:

Rosann Jones, Manager Business & Community Services

Ms. Jones stated that she would like to call Council’s attention to legislation on the agenda. Resolution 21-2016 is on third reading which deals with the Simple Recycling contract. This recycling is at no cost to the city or residents to take advantage of the program. Collections would happen the same day as regular garbage collection days. Ordinance 26-2016 deals with the purchase of the land for the ODNR requirements. She will present these purchases to the Planning Commission tomorrow evening. She has obtained the property owners signatures. The Mayor has not signed the contract until approvals from Planning and Council are received. These purchases were budgeted.

Resolution 31-2016 was placed on the agenda because of CDBG requirements. This legislation cannot be adopted until she holds a public hearing. Mayor Donegan stated that she has spoken with Councilman Gallagher who is helping with other grant funds that are not as restrictive as the CDBG program.

Mr. Sculac asked if the city must specify what the monies will be used for or can the request be open ended. Ms. Jones stated that she will have to specify a project when she submits the grant. She stated that since the City does not have any improvement target areas nor do we have any low income pockets we are limited to requesting these funds for the senior population, which takes the city back to considering an elevator project and she needs to firms up the costs for the installation in order to determine the city’s costs. Mayor Donegan stated that the County was impressed with the city’s ability to obtain the LGIF grant for community paramedicine and is a program you will see every city starting in five to ten years.

Mr. Haviland stated that the city received $150,000 in 2014 and again in 2015. Ms. Jones stated that the city received a grant in 2014 but declined and then re-applied for the renovation of the Jenkins Place and received those funds in 2015. The maximum the city can receive is $150,000.

Ms. Jones thanked Council for giving Mr. Haynes time to make his presentation.

Joe Borczuch, Service Director

Mr. Borczuch stated that the electric poles have been installed and the power lines will be run later in the week. Awaiting the installation has delayed the project approximately two weeks. He stated that there will be another large payment for the service garage and will be the final payment.

He requested that Council approve the requisition he distributed. These repairs are for Truck 210 and is a 2008.

Mr. Haviland moved to approve a requisition to Judco, Inc. for planetary gear case, shaft, drive, sprockets, bearings and chain for truck 210 in an amount not to exceed $5,252.00; Mr. Miller seconded. Poll: 7 ayes; 0 nays. Motion carried.

Mr. Borczuch stated that the U.S. Department of Interior, the geological surveying department contacted him and would like to install two stream gauges in the city’s right of way. One will be located on Sprague Road before Tannery Way and the other on Usher Road by Schady and Redwood. These devices will be placed on the guardrail with another device that is approximately eight feet tall which gives the satellite signal.

Dan Gilles, Police Chief

Chief Gilles thanked Council for the reserve officer appointments. They are an important part of his department. They are volunteers and are fully certified officers. He stated that Officer Hughes worked for the sheriff’s department prior to becoming a fire fighter and he is happy to have him back.

He stated that the City of Olmsted Falls was named as the third safest city again this year, using 2014 data. Hopefully this does not change and he is proud of this fact.

Mike DeSan, Asst. Finance Director

Mr. DeSan stated that towards the end of the year he plans on moving to a bi-weekly pay period. He is currently working with RITA to institute. We are one of the last cities to move to bi-weekly pay periods. Once he institutes this new pay period he would ask for Council’s support. Mayor Donegan stated that the CBA’s have been notified. Mr. Miller asked if bi-weekly constitutes pay once every two weeks. Mr. DeSan stated that from the auditor’s standpoint and the city’s financials this type of pay period is easier. Mr. Stibich asked for the reasons for moving to this type of pay period. Mr. DeSan stated that employees will be paid on specific days, for example every other Friday or Thursday, rather than a Monday, Tuesday whatever day the 15th or 30th falls on. Mr. Stibich stated that on the upside to this is that every three months employees will receive an extra pay check. Mr. DeSan stated that there will be two months that will contain three pay checks. Mr. Stibich asked if this will create a problem with pay ordinances because there will come a time that there will be two paydays before Council meetings. Mayor Donegan stated that when you look at the Charter and pay ordinances salaries are not necessarily a part of the pay ordinances. The administration has changes to the Charter to present to Council. She wants issues brought to Council that need approval and not necessarily what they do not have to approve. This also leads into the Ohio Checkbook. Mr. DeSan stated that the Ohio Checkbook is more transparency for the city’s finances. The department will be able to place payroll on the website.

Mr. DeSan stated that the administration is also working on security for the building as access to the administration building is lax and anyone can walk in. Mayor Donegan stated that the city is also looking into funding for any expenses associated.

Mayor Donegan stated that she had the pleasure of attending the CSU Leadership Academy graduation Friday evening at which time Director Borczuch and Asst. Director DeSan graduated. Not only do they have that certificate but they will become leaders of the future. She stated that Ms. Jones and Ms. Veloski will attend next year’s program. She stated that Mr. DeSan will be a board member for the Leadership Academy. She stated that these gentlemen also completed a Cap Stone project where they built cars for disabled children. She is very proud of both gentlemen.

Councilman, Kyle Miller, Ward IV

Mr. Miller stated that he recently completed a leadership course and understands the amount of time it takes out of your day and he commends both gentlemen for completing. He stated that a few months after this course is when he decided to run for Council.

Councilman, Jim Haviland, Council-at-Large

Mr. Haviland stated that he attended his first JEDD meeting and would like to speak with the Mayor regarding questions from that meeting. Mayor Donegan stated that the JEDD Board hired an individual on their own and a full vetting should have been completed. She stated that she met with Green Bridge and Cresco with Mr. Roberts at the early stages of his appointment as these two companies have a unique perspective. She also believes that Council also needs to have a discussion. Mr. Haviland stated that there is positive momentum with all the infrastructure making its way to the site and seems to be more realistic as a potential site. He will put together a briefing from the meeting.

Mr. Linn stated that over the last three or four months he has seen the sewer line being installed from Barton Road. The line seemed to end at Cook Road right in front of the JEDD property. He is assuming that there is some sort of collaboration between North Olmsted and Olmsted Township and ask if he would check into that. Mr. Haviland stated that the line was terminated at both ends of the proposed entrances of the future JEDD. Mr. Linn stated that he does not know why. Mayor Donegan stated that she feels that the city is being pushed out.

Councilman Charles R. Sculac, Ward I

Mr. Sculac commend Director Borczuch and Asst. Director DeSan. He had the opportunity to complete the same leadership type program quite some time ago. Fortunately, his agency paid for the program.

He would like to request a short finance committee prior to the June 28th Council meeting. He would like a wrap up of where the city stands prior to summer recess.

Councilwoman Terry Duncan, Ward III

Ms. Duncan stated that with regard to the Memorial Day Parade the weather does not look good for that particular day, but that could change. If there is a problem with the weather and the dedication at the Village Green information needs to be placed on Ready Notify in order to inform the residents. Mayor Donegan asked if the parade should be cancelled. Ms. Duncan stated that this parade has been cancelled in the past when the police and fire departments recommended cancellation.

Councilwoman Linda Garrity, Council Pro-Tempore

Ms. Garrity stated that she received the email regarding the Narcan training and would like to volunteer to help with the kits.

She will attend the Systems Board meeting for Southwest General and will report back to Council at the next meeting.

Councilman Paul Stibich, Ward II – No Report

Councilman Jay Linn, Council President

Mr. Linn stated that he received a phone call from a resident regarding a group of ladies sitting in a circle smoking a Hoka pipe at the Village Green. He stated that there were approximately half a dozen women in full middle-eastern attire sitting around a table smoking a four foot tall pipe. Chief Gilles stated that these individuals have been in the park previously, especially in Fortier Park, and there is nothing illegal as the contents of the pipe are not illegal substances. Mr. Linn asked how often this happens in the park. Chief Gilles stated that it has only happened once last year.

Santo Incorvaia, Asst. Law Director

Mr. Incorvaia would like to congratulate Director Borczuch and Asst. Director DeSan on their graduation from the CSU Leadership Academy. He attended the inaugural academy a few years back.

He does not attend Council meetings on a regular basis and would like to update Council on his other duties. He stated that every 4th Wednesday of the month is Olmsted Falls general docket day at Berea Municipal Court. He begins at 8:30 a.m. and ends around 12:00 p.m. He stated that he has approximately 25 cases for tomorrow’s docket, with one trial set.

Old Business

Resolution 11-2016

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LATERAL SEWER AND WATER LINE MARKETING LICENSE AGREEMENT WITH UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. D/B/A/ SERVICE LINE WARRANTIES OF AMERICA FOR PURPOSES OF OFFERING HOMEOWNER WARRANTIES FOR LATERAL WATER AND SEWER LINES Tabled on Third Reading (04/12/2016)

Remained tabled.

Resolution 20-2016

A RESOLUTION REQUESTING AND CONSENTING TO AN EMERGENCY ROAD MAINTENANCE PROJECT BY THE CUYAHOGA COUNTY DEPARTMENT OF PUBLIC WORKS FOR 2016 AND DECLARING AN EMERGENCY Third Reading

Mr. Sculac moved to adopt; Mr. Stibich seconded. Poll: 7 ayes; 0 nays. Motion carried.

Resolution 21-2016

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GREAT LAKES RECYCLING, INC. D/B/A/ SIMPLE RECYCLING, FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL MUNICIPAL “SOFT RECYCLABLES” FOR THE CITY Third Reading

Mr. Stibich moved to adopt; Mr. Linn seconded. Mr. Sculac would like to know what kind of response Republic Services has to this type of situation. Mayor Donegan stated that this does not replace Purple Hearts or any other recycling this provides residents with another option. Poll: 7 ayes; 0 nays. Motion carried.

Ordinance 22-2016

AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $535,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF REMODELING, RENOVATING AND OTHERWISE IMPROVING A CITY BUILDING WHICH WILL HOUSE ADMINISTRATIVE OFFICES AND OTHER MUNICIPAL FUNCTIONS AND IMPROVING THE SITE THEREOF, AND DECLARING AN EMERGENCY Third Reading

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

Ordinance 23-2016

AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $160,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF ACQUIRING REAL ESTATE TO ADD TO THE CITY HALL BUILDING COMPLEX CURRENTLY HOUSING ADMINISTRATIVE OFFICES AND OTHER MUNICIPAL FUNCTIONS, AND DECLARING AN EMERGENCY Third Reading

Ms. Duncan moved to adopt; Ms. Garrity seconded. Poll: 7 ayes; 0 nays. Motion carried.

Ordinance 24-2016

AN ORDINANCE ADOPTING THE 2016 OLMSTED FALLS MASTER PLAN FOR THE CITY Third Reading

Ms. Duncan moved to table; Mr. Haviland seconded. Poll: 7 ayes; 0 nays. Motion carried.

Ordinance 25-2016

AN ORDINANCE AMENDING CHAPTER 1260, MUPD MIXED USE PLANNED DEVELOPMENT DISTRICT, AND RE-NAMING AND RE-CONSTITUTING CHAPTER 1260 MUTND MIXED USE TRADITIONAL NEIGHBORHOOD DISTRICT, AND AMENDING SECTIONS 1232.05, 1232.06 AND 1444.04 AND REPEALING SECTION 1272.04(E) OF THE CODIFIED ORDINANCES OF THE CITY TO PROVIDE FOR, AMONG OTHER THINGS, MIXED USE TRADITIONAL NEIGHBORHOOD DISTRICTS AND CRITERIA THEREFOR Third Reading

Ms. Duncan moved to table; Mr. Linn seconded. Poll: 7 ayes; 0 nays. Motion carried.

Ordinance 26-2016

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO PURCHASE AGREEMENTS FOR THE ACQUISITION OF A PORTION OF TWO PARCELS OF VACANT LAND FOR RECREATIONAL PURPOSES TO SATISFY REQUIREMENTS OF THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR REPLACEMENT OF PARK LANDS UPON THE ELIMINATION OF A PORTION OF THE FORMER “JENKINS CENTER” PROPERTY FOR RECREATIONAL PURPOSES AND APPROPRIATING FUNDS THEREFOR AND DECLARING AN EMERGENCY Second Reading

Ordinance 27-2016

AN ORDINANCE ESTABLISHING THE SALARY AND COMPENSATION FOR THE OFFICE OF MAYOR OF THE CITY OF OLMSTED FALLS COMMENCING JANUARY 1, 2018 AND THEREAFTER Second Reading

Ordinance 29-2016

AN ORDINANCE AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY TO THE FISCAL OFFICER OF CUYAHOGA COUNTY UNPAID CHARGES AND/OR OTHER MISCELLANEOUS CHARGES APPLICABLE TO DELINQUENT OWNERS OF LAND FOR LEVY AND COLLECTION ACCORDING TO LAW, AND DECLARING AN EMERGENCY Second Reading

New Business

Ordinance 30-2016

AN ORDINANCE RATIFYING AND AFFIRMING THE DECISION OF THE ARCHITECTURAL BOARD OF REVIEW IN ABR DOCKET NO. 03-2016, AND DECLARING AN EMERGENCY First Reading

Mr. Sculac moved to suspend; Ms. Duncan seconded. Voice Vote: 6 ayes; 0 nays; 1 abstain (Haviland). Motion carried. Mr. Stibich moved to waive the reading in its entirety; Ms. Garrity seconded. Voice Vote: 6 ayes; 0 nays; 1 abstain (Haviland). Motion carried. Mr. Stibich moved to adopt; Ms. Garrity seconded.

Mr. Linn stated that it has been a historical time over the last 25 years that he served on the Planning Commission and Board of Zoning Appeals. He cannot turn his back on any opportunity to bring two different identities together, one being ABR and one being the resident. He does appreciate moving forward with this issue the same evening as the hearing. It was evident to him that this resident was not particularly interested in bending from the vinyl windows. What he was attempting to do was to show an acceptable solution such as the aluminum clad windows that ABR indicated they would approve. He was attempting to bring both of these identities together. Ms. Garrity stated that for the new Council members, after being the liaison for ABR for a number of years, there is a lot in the city that relies on the ABR. She does not believe it is as simple as voting yes or no on one case of windows but more the global aspect of the role of the board. She believes that the ABR members would meet with the new Council members to give an introduction as to what the historical society is all about. As she try to relate to the resident we voted on a window issue a year ago and supported the ABR decision then as well. Mr. Sculac stated that while he respects ABR and what they do and guidelines he has a concern with the city telling residents what they can do to their home. If they are going to paint the windows purple or paint their window panes yellow he has a problem with that but to tell a resident that you cannot install vinyl windows when every builder around the country is installing vinyl windows in most homes. Mr. Linn stated that in reality it is evident at this particular time that Council needs to review the ABR guidelines. Since the ABR was born out of Planning Commission he believes the appropriate place to start would be to send the guidelines to Planning for recommendations prior to Council taking action. Ms. Duncan stated that Olmsted Falls is not Williamsburg however there is a historic district and there are economic advantages to that. If you approve enough vinyl windows then the City will not have a historic district anymore. When people purchase homes in Olmsted Falls the realtors need to do a better job of informing potential buyers what the historic district means. She does not believe it is a matter of changing ABR rules, she believes you will need to approach the National Park service. Mayor Donegan stated that this has been discussed for several years regarding making potential homeowners aware of the district. Mr. Miller again thanked ABR and the time that they volunteer to the city. He tends to agree with Mr. Sculac and when you begin weighing the responsibilities of ABR with the homeowner’s rights he would support the homeowner. That does not take away anything from the ABR members or this body for what was done in the past. Mayor Donegan stated that she believes this is a good time to review the guidelines and find out what the implications would be. Mr. Sculac stated that when he and Mr. Linn met with Mr. Incorvaia and Mr. Sponseller regarding the charter review this issue was discussed. Ms. Garrity asked if there was a possibility to narrow down the historical map to the key properties that the city identifies as being historical, which is basically River Road. Mayor Donegan stated that she believes everyone needs to understand what went into it and if there are any city properties that will be sold. Poll: 4 ayes; 2 nays (Sculac, Miller); 1 abstain (Haviland). Motion carried.

Resolution 31-2016

A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION ON BEHALF OF THE CITY OF OLMSTED FALLS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) FOR FISCAL YEAR 2017, ACCEPTING SAID GRANT IF AWARDED, REQUESTING THE CUYAHOGA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT PERMISSION TO PARTICIPATE IN A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND DECLARING AN EMERGENCY First Reading

Miscellaneous New Business

Mayor Donegan stated that there is a movement for the dissolution of Olmsted Recreation. The City has secured the name Olmsted Recreation and will present the roll out to Council once completed.

Such other business that may come before Council - None

Mr. Linn moved to adjourn into executive session for the purpose of matters of personnel pursuant to O.R.C. 121.22(G)(1) and pending litigation pursuant to O.R.C. 121.22(G)(3); Ms. Garrity seconded. Poll: 7 ayes; 0 nays. Motion carried.

The meeting adjourned at 9:16 p.m.

Mr. Stibich moved to adjourn into regular session; Ms. Duncan seconded. Poll: 7 ayes; 0 nays. Motion carried.

Mr. Stibich moved to adjourn; Ms. Duncan seconded. Poll: 7 ayes; 0 nays. Motion carried.

The meeting adjourned at 10:30 p.m.

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Ann Marie Donegan, Mayor Angela Mancini, Clerk of Council

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