Minutes of a Regular Council Meeting



City of Olmsted Falls

Minutes of a Regular Council Meeting

Tuesday, January 27, 2015, 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 7:40 p.m. Roll call was conducted. Councilmen Kathleen Fenderbosch, Jay Linn, Linda Garrity, Bob Sculac, Kevin Roberts, Terry Duncan, and Sam Pulice were present.

Also in attendance: Gregory Sponseller, Law Director, Steve Presley, Finance Director, Mike DeSan, Assistant Finance Director, Dan Gilles, Police Chief, Cornel Munteanu, Fire Chief, Joe Borczuch, Service Director and Rosann Jones, Manager Business and Community Services. Audience: 3.

Approval of Minutes:

Ms. Duncan moved to approve the minutes from the Special Council Meeting of January 13, 2015; Ms. Fenderbosch seconded. Poll: 7 ayes; 0 nays. Motion carried.

Ms. Duncan moved to approve the minutes from the Regular Council Meeting of January 13, 2015; Ms. Fenderbosch seconded. Poll: 7 ayes; 0 nays. Motion carried.

Consideration of Amendment to the Agenda - None

Mayor’s Report and Appointments

Allied Waste – Mayor Donegan indicated that this issue was discussed during the Council Caucus meeting. The administration is awaiting further information of the forensic CPA’s who will submit a breakdown indicating how this project can be moved forward.

City Website – Mayor Donegan indicated that she has held movement on this project up. This is a two-fold process. The questionnaire was to be submitted to give Revize an idea of a design. Everyone has completed the questionnaire and the Clerk has helped pull together the information and will be submitted to Revize. In the interim, there is a temporary website. The implementation and movement from this day forward will be approximately 60 days.

Dispatch – Mayor Donegan indicated that she will allow Chief Gilles and Chief Munteanu discuss this topic. Everything seems to be moving forward there were however a couple of glitches that are being worked out.

JEDD – Mayor Donegan indicated that the Clerk has made Council aware that there will be a JEDD meeting on February 18th at 7:00 p.m. which will take place at the Olmsted Township Town Hall. The city’s planner, George Smerigan, will be present that evening. She believes this will be an opportunity for a good discussion of the JEDD and how the project will move forward.

319 Grant – Mayor Donegan indicated that the city has been awarded the 319 grant which is an extension of the SWIFT grant the city applied for last year. This is an EPA grant which will allow the city to re-do the Jenkins and old library parking lots. The award was in the amount of $230,000 and the city’s contribution will be $92,000. As we move forward with this project she will provide Council with additional information. These are two underserved areas that will now get some positive upgrades.

County Planning – Mayor Donegan indicated that she met with County planning today. We are one of four municipalities that were selected for county planning to re-do the city’s master plan. There will be more information available as this project moves forward. The city should have a completed document around Thanksgiving this year, which is a positive. The city will be utilizing county planning as well as Mr. Smerigan, our city engineer and the document will help navigate the city’s future.

TLCI Grant – This is a NOACA grant that the city is considering and discussions are ongoing. As the applicability becomes more apparent we will bring that information to Council. This grant would be specifically for the whole downtown area. Mr. Roberts indicated that he is unsure what this grant is for. Mayor Donegan indicated that this grant is for planning and implementation of the transportation and pedestrian activity and navigating crosswalks, etc. There will be a workshop held on February 18th. She is just reporting this to Council for informational purposes only at this time.

Wayfinding/Placemaking/Branding – Signage – This project will look at signage throughout the community. We are interviewing some organizations in order to develop a more uniform signage, for example, signs indicating the parks, the municipal complex, and the commercial district. She believes signage is an important issue for the city as we continue to upgrade our community.

Miscellaneous – Mayor Donegan indicated that she would like to request Council to approve a motion to allow her an additional 30 days to submit her JEDD appointment after the JEDD status meeting is held.

Mr. Sculac moved to allow the Mayor an additional 30 days to submit her JEDD appointment; Ms. Fenderbosch seconded. Poll: 7 ayes; 0 nays. Motion carried.

Mayor Donegan indicated that Council received this evening a flag football agreement with the Olmsted Falls City Schools. This agreement is signed every year for the flag football program to utilize the school’s field. This agreement should have been sent to Olmsted Recreation as they will oversee this program this year. Unfortunately, this was passed through the school board and this will be corrected moving forward. In the interim she would request that Council authorize her to sign the agreement for 2015.

Mr. Roberts moved to authorize the Mayor to enter into an Agreement with the Olmsted Falls City School District for the utilization of the field for the Flag Football 2015 season; Ms. Duncan seconded. Poll: 7 ayes; 0 nays. Motion carried.

Communications from Residents

Ann Reichle, 8155 Columbia Road, stated that there has been progress made with the clean up of the Mill River Plaza flooding. She would like to thank Councilmen Roberts, Fenderbosch, Chief Munteanu, the Mayor for their help. She also wanted to thank Rosann Jones for attending their tenants meeting that was held Thursday. Management from the Plaza was also invited and a representative did attend. The back hallway has been cleaned up and work is beginning on the ceiling. She wanted to thank everyone for their help because nothing had happened for over 10 days by the time she came in to ask for help.

Approval of Bills:

Ms. Fenderbosch moved to approve Pay Ordinance 2015–02; Ms. Garrity seconded.

Mr. Roberts indicated that there is a payment for $28,400.73 to the City of Brook Park for a radio system expense. Mayor Donegan indicated that the city entered into a radio COG agreement with the City of Brook Park. The city now has to catch up on payments due to the fact that previous payments were not made. Chief Gilles indicated that the fire department was the first to sign the radio COG back in 2006 which included a yearly fee for usage. Since then infrastructure costs are being shared amongst all the communities involved. We were always a part of the COG, on the fringes, but never a participating member because we could not purchase the newer radios. The City of Brook Park assessed costs to each community but the city did not pay and now has to “catch up” on our infrastructure assessments to make up all the years we were not active in the COG. Mayor Donegan indicated that the city agreed to $45,255 as costs owed for infrastructure to be paid over a three year period. There was a $5,000 yearly COG membership; $2,700 for radio fees for 2013; $2,100 for 2014; and $18,000 for maintenance of all radio’s in use by police and fire. Mr. Roberts asked if the radios were in the cars or was this for radio towers. Chief Gilles indicated that the radios are mobile and portable ones used by police and fire and eventually service. Mr. Roberts asked if the radios were carried on their person or remained in the vehicles. Chief Gilles indicated that some are in the cars and some are on our person. Mr. Roberts asked if this was a joint purchasing agreement with the different cities. Chief Gilles replied no this is strictly a radio COG. Mayor Donegan indicated that the cities involved in the COG are: Berea, Brook Park, Middleburg, North Royalton, Olmsted Falls, Olmsted Township, Parma Heights, and Strongsville. Chief Gilles indicated that an agreement with the City of Cleveland was also entered into and a grant was received for the purchase of all our radios for police and fire. We are now paying our COG costs for usage. The COG has begun using a different formula to calculate costs which has reduced our costs. We are essentially catching up on the infrastructure costs that the original communities that were active already paid. Mr. Roberts asked what the difference was between a radio COG and dispatch agreement. Chief Gilles indicated that the dispatch agreement is a service agreement and the radio COG is the seven communities that have joined together for the infrastructure. Mr. Roberts asked if the point of the radio COG was to have common equipment which allows the communities to talk to each other. Chief Gilles replied yes and it’s a part of the fiber optics that connects all of our communities together and allows data sharing and pays for tower fees. Olmsted Falls also has a back-up repeater so if the whole system fails we still have channels available on a separate tower that we pay for as part of our infrastructure costs. Mayor Donegan indicated that the cities costs that were not paid are: a little under $15,000 for 2012 and $19,000 for 2013. This was an eye opener that we need to catch up on and put behind us and keep moving forward. Poll: 7 ayes; 0 nays. Motion carried.

Officials Reports:

Rosann Jones, Manager Business & Community Services

Ms. Jones indicated that she has met with an individual from Northcoast Promotions. This individual is an event planner and we are trying to put together events for the summer and early fall for example, a first Thursday type of event in the downtown area. This individual is paid by engaging vendor’s to attend the event and paying for tables. We are attempting to engage a Farmer’s Market and music. We are hoping to bring some type of vibrancy to the downtown area this summer.

The annual wine and beer tasting event held at the Grand Pacific Hotel will be Friday, March 6th. This is the main fundraiser for Heritage Days. The tickets are currently on sale at Shamrock Rose and she believes the cost is $30.00 per person. There will be a silent auction held as well. They are also looking for donations for the silent auction. If anyone has anything to donate please contact her. Local business gift certificates are popular items at this event.

Joe Borczuch, Service Director

Mr. Borczuch indicated that he would like to briefly describe what his department has completed this year, for informational purposes only. The department has ditched out over 3,000 feet throughout the city, trimmed almost 500 trees, removed 40 trees, worked on over 40 residential sewers, whether those were lateral, storm/sanitary lines to assist residents, crack sealed over 11 streets, recycled over 250 tires, along with 1,000 pounds of hazardous household waste, 300 yards of full concrete replacement, almost 900 tons of asphalt laid down on 10 different streets, 22 catch basins fully replaced, over 900 feet ditch enclosures, 16,000 feet of storm sewer jetted, along with 68 catch basins and all this work was done in-house. This is an overview of work the department does not including city events. He indicated that the court community helps out a great deal. The community service individuals pick up litter and last year they picked up over 122 bags of litter throughout the city.

He indicated that the new truck has been delivered and has been put into service. This has been an asset as one truck has been in the shop since Thanksgiving with computer issues.

Mr. Borczuch asked if Council would approve requisition 20143 to Judco, Incorporated which will allow him to purchase a plow for one of the pick-up trucks in the department.

Ms. Fenderbosch moved to approve requisition 20143 to Judco, Incorporated for the purchase of a 8.5’ snow plow and installation in an amount not to exceed $6,500; Mr. Linn seconded.

Mr. Roberts asked if this would be a replacement plow. Mr. Borczuch indicated that this would be installed on a truck that does not currently have a plow. This will give him the ability to plow the smaller streets with a smaller vehicle and help out with the parking lots. Poll: 7 ayes; 0 nays. Motion carried.

Mr. Borczuch indicated that he wanted to inform Council that there will be some additional expenses to complete the server installation. The server is being installed on the administration floor and some electrical lines will need to be run. The server is being moved from the basement. Mayor Donegan indicated that the server has been received and is being utilized. She stated that Ms. Fenderbosch has indicated that computers are running slow because we have outdated equipment. We will be looking into IT upgrades and perhaps tablets for Council members.

Dan Gilles, Police Chief

Chief Gilles indicated that his officers have informed him how professional of an organization the City of Strongsville is and moving to Strongsville dispatch has been an enjoyable experience. They have also had a good experience working back and forth with the booking officers and processes. All of the officers have gone to Strongsville for two days for a tour and training for booking processes. There have been some minor glitches mostly procedural issues for example some paperwork issues with Berea Municipal Court which have been resolved. He indicated that each month he as well as Chief Munteanu attend a meeting with the other city chiefs and IT staff in Strongsville. The City of Strongsville wants this dispatch center to work like a COG which allows each city input regarding the operations of the center. There have been some concerns over the 235-3145 phone number which does ring in the police department but is answered by a voicemail recording. That recording indicates that if there is an emergency you are to dial 911, to contact the dispatch center call 235-1234 or leave a message for the police department to remain on the line.

He indicated that he has been working with Chief Munteanu on a Ready Notify message that will be sent out to residents indicating which numbers to call for police information.

He stated that tomorrow afternoon he and Sgt. Rogers will be attending a training seminar with Lexipol to get that project started.

Cornel Munteanu, Fire Chief

Chief Munteanu distributed a typewritten message regarding the dispatch center that will be used for the Ready Notify notification. He indicated that Berea has signed up for Ready Notify and Strongsville will be so each community involved in the dispatch center will be members of Ready Notify. The message he distributed will be sent to all residents who have signed up for the notifications tomorrow. Mayor Donegan indicated that the city has purchased the land line needed and there are approximately 1,000 residents who have signed up for the notifications. Chief Munteanu indicated that 1,049 households have signed up. He stated that Ready Notify needs to be promoted again in order to get more residents signed up. Mayor Donegan indicated that as Ms. Garrity found out there were some residents calling the 3145 number and reporting suspicious vehicles but we do not want residents to call that to report that type of information. The city wants to encourage residents to call 1234 in order to be connected to a dispatcher. The 3145 number should only be utilized if documents from the police department are being requested. She also indicated that the Chief will also be presenting a call volume report which will indicate how the calls have increased which we will overlay that with personnel and personnel costs in order to show the trend. Chief Munteanu indicated that he will distribute a year-end report and the call volume portion goes back to 2006 to show the increase in calls.

Steve Presley, Finance Director – No Report

Mike DeSan, Assistant Finance Director – No Report

Councilman Sam Pulice, Ward IV – No Report

Councilman Charles R. Sculac, Ward I

Mr. Sculac moved to approve the Statement of Cash position dated 12/31/2014 in the amount of $1,890,937.91; Ms. Fenderbosch seconded. Mr. Roberts asked what this motion entailed. Mr. Presley indicated that it means Council is receiving the report into the record. Poll: 7 ayes; 0 nays. Motion carried.

Mr. Sculac asked if the school system handled the financial records for Olmsted Recreation. Mayor Donegan replied yes. Mr. Sculac stated that after reviewing the last financial report submitted he noticed that in 2014 Olmsted Falls and the school system contributed $15,000 but Olmsted Township only contributed $7,500 and asked why the discrepancy. Mayor Donegan indicated that Olmsted Township follows a fiscal period and divides their payments into two. She indicated that Olmsted Township has paid the full $15,000.

Mayor Donegan indicated that she has spoken with Mr. Weisbarth and Dr. Lloyd regarding if the school system would be placing any issues on the ballot for the voters. They indicated that the schools have not made any decisions but nothing will be placed on the ballot until November, if a decision is made. They will also be putting together an elected official’s meeting in the near future.

Councilman Kevin Roberts, Ward II

Mr. Roberts indicated that the sewer versus septic debate continues. He would encourage all members of Council to attend the meeting that will take place on February 9th with the director of Public Works Bonnie Teeuwen to discuss the sewer project. Mayor Donegan indicated that this meeting will take place on February 9th at 2:00 p.m. She indicated that after this meeting takes place a letter will be sent to residents updating them. She has received a few phone calls from some angry residents and would inform Council that between now and this meeting if they receive calls from residents Mr. Sheehy is available to speak with them to help with troubleshooting issues.

Mr. Roberts indicated that he also received a flooding complaint from a resident who lives at the corner of Columbia and Nobottom. Mayor Donegan indicated that the resident was referred to Mr. Sheehy.

Councilman Linda Garrity, Council-at-Large

Ms. Garrity distributed a template regarding the police department phone numbers (see attached). This template is the result of an issue that occurred in Falls Pointe. There was what neighbor’s perceived as an emergency and many of them have the 3145 number programmed into their cell phones.

Ms. Garrity moved to approve a mailing, of postcard size, to all residents with the information from her template included, in an amount not to exceed $2,000.00; Mr. Roberts seconded.

Ms. Garrity indicated that she believes this will help clarify to the residents what police department numbers are to be utilized. Included in the template is information regarding what happens when a resident calls 911 from a cell phone. She then explained the situation that happened in Falls Pointe when a resident called 911 and was informed that he would need to be transferred to Strongsville and had to repeat the information he had already given Cuyahoga County. Mayor Donegan indicated that there are a number of competing issues. One of those issues is with C-Com and cell phones and the fact that they cannot figure out if the call is from North Olmsted, Olmsted Falls or Olmsted Township. This issue has always existed and Chief Munteanu is speaking to Brandy Carney, who runs C-Com, regarding this issue. Another issue is when you google Olmsted Falls police department you are given the 3145 number. Ms. Garrity indicated that she believes this mailing is important because the city does not have a working website so in the interim this will be helpful to the residents.

Ms. Fenderbosch indicated that she does agree but believes if the residents receive a piece of paper they will read it then throw it away. She asked what would be the difference in costs if this information was placed on a magnet. Mayor Donegan indicated that she could research that information. Mr. Presley indicated that the postage costs for mailing a magnet are higher than a postcard mailing and he would like to check into those costs. Mr. Roberts indicated that he received a list of numbers from Google and would prefer this mailing be sent before a resident dies or is sitting in an icy ditch trying to figure out which number they are to call. He also indicated that he is also not happy with Revize since our website is still down. Mayor Donegan indicated that she is the reason that Revize has not begun working on the city website. Mr. Roberts indicating that regardless, he does not feel this is the time to cut corners. Mr. Pulice stated with all due respect everyone knows 911. Mayor Donegan indicated that 911 is for imminent danger but the non-emergency 3145 number was taken for granted and we were unaware as to how many phone calls were received on that number. Chief Munteanu indicated that he could speak with CERT volunteers to see if they would be inclined to deliver this information to the residents. We could break down groups into certain neighborhoods. Mr. Linn also suggested putting information in the newsletter indicating where the magnets could be picked up. Poll: 6 ayes; 1 nay (Pulice). Motion carried.

Ms. Garrity indicated that on February 19th Jim Rokakis will speak to NOACA regarding how cities can save money by looking at different programs.

Councilman Terry Duncan, Ward III – No Report

Councilman Jay Linn, Council Pro-Tempore – No Report

Councilman Kathleen Fenderbosch, Council President

Ms. Fenderbosch indicated that she would like each committee to submit specific items to the Clerk of Council which will then be placed on the Council Caucus meeting agenda. This will allow the director’s to better prepare information for Council.

She indicated that if any member of Council feels that there is not enough time to discuss issues during the Caucus meeting they need to notify her and she will schedule a work session. She indicated that there will be a work session later in May.

She indicated that the Mayor has discussed employee evaluations and she has the documentation for the Clerk of Council’s Evaluation.

Gregory M. Sponseller, Law Director

Mr. Sponseller indicated that he received notice on Friday that the appeal to the Cuyahoga County Court of Appeals by the Beeler’s relative to the zoning matter has been voluntarily dismissed.

Secondly, with respect to other litigation the Bowman nuisance continues to be pending and is at the discovery stage. He would request that Council authorize an additional $2,500.00 for the Manley Tuma firm as they are the attorneys representing the city in this litigation.

Mr. Sculac moved to approve an additional $2,500 to the Manley Tuma law firm to continue the Bowman litigation; Ms. Fenderbosch seconded.

Mr. Roberts asked for an update regarding this litigation without getting into privileged information. Mr. Sponseller stated that he has learned in the latest meeting that there are eight or ten other pieces of litigation with Bowman, not necessary with Olmsted Falls, but litigation Mr. Bowman has personally. The criminal case as he understands is being appealed and the nuisance case as initiated by Council is in the discovery phase. He indicated that this is the only information he is able to discuss in a public forum. Poll: 6 ayes; 0 nays; 1 abstain (Pulice). Motion carried.

Mayor Donegan indicated that Council received a memo regarding Resolutions 03-2015; 05-2015 and 07-2015. There were two revisions made one was the introduction line was changed to “Mayor and Council as a Whole” as requested by Mr. Sculac and the other revision was the figures received from the County were added in the second whereas clause. She would request that Council adopt these Resolutions this evening as they are due to the Board of Elections by February 4th.

Old Business

Resolution 03-2015

A RESOLUTION SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF THE RENEWAL OF AN EXISTING 0.65-MILL TAX LEVY FOR THE PURPOSE OF PURCHASING AND MAINTAINING FIRE APPARATUS, AND DECLARING AN EMERGENCY Second Reading

Ms. Fenderbosch moved to suspend; Ms. Garrity seconded. Voice Vote: 7 ayes; 0 nays. Motion carried. Ms. Fenderbosch moved to waive the reading in its entirety; Mr. Linn seconded. Voice Vote: 7 ayes; 0 nays. Motion carried. Ms. Fenderbosch moved to adopt; Mr. Roberts seconded. Poll: 7 ayes; 0 nays. Motion carried.

Resolution 05-2015

A RESOLUTION SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF THE RENEWAL OF AN EXISTING 1.3-MILL TAX LEVY FOR THE GENERAL CONSTRUCTION, RECONSTRUCTION, RESURFACING AND REPAIR OF STREETS, ROADS AND BRIDGES, AND DECLARING AN EMERGENCY Second Reading

Ms. Duncan moved to suspend; Ms. Fenderbosch seconded. Voice Vote: 7 ayes; 0 nays. Motion carried. Ms. Duncan moved to waive the reading in its entirety; Mr. Linn seconded. Voice Vote: 7 ayes; 0 nays. Motion carried. Mr. Linn moved to adopt; Ms. Duncan seconded. Poll: 7 ayes; 0 nays. Motion carried.

Resolution 07-2015

A RESOLUTION SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF THE RENEWAL OF AN EXISTING 1.3-MILL TAX LEVY FOR THE PURPOSE OF PROVIDING FOR AND MAINTAINING MOTOR VEHICLES, COMMUNICATIONS AND OTHER EQUIPMENT USED DIRECTLY IN THE OPERATION OF THE CITY’S POLICE DEPARTMENT AND FOR THE PURPOSE OF PAYMENT OF THE SALARIES OF PERMANENT POLICE PERSONNEL IN THE CITY’S POLICE DEPARTMENT, AND DECLARING AN EMERGENCY Second Reading

Ms. Duncan moved to suspend; Ms. Fenderbosch seconded. Voice Vote: 7 ayes; 0 nays. Motion carried. Mr. Linn moved to waive the reading in its entirety; Ms. Duncan seconded. Voice Vote: 7 ayes; 0 nays. Motion carried. Ms. Duncan moved to adopt; Ms. Fenderbosch seconded.

Mayor Donegan indicated that for the purposes of full disclosure for the audience these resolutions are all levy renewals for the police, fire and service departments. These levies have been in existence for quite some time. Ms. Duncan indicated that these renewals will not result in any increase in taxes. She also indicated that since these levies are renewals the state still has to pay their portion of the tax. These renewals are important as the state legislature has indicated that on all new levies they will no longer pay their portion of tax so these are a good deal for the City of Olmsted Falls. Mayor Donegan indicated that for example, on all the old levies, the state pays 12 ½%. On new levies they will no longer pay that portion. Poll: 7 ayes; 0 nays. Motion carried.

New Business

Ordinance 08-2015

AN ORDINANCE ESTABLISHING RATES OF COMPENSATION FOR PART-TIME PERSONNEL IN THE FIRE DEPARTMENT OF THE CITY OF OLMSTED FALLS, OHIO FOR THE YEARS 2015 THROUGH 2017 INCLUSIVE, REPEALING ALL LEGISLATION INCONSISTENT HEREWITH First Reading

Ms. Fenderbosch moved to suspend for discussion; Mr. Linn seconded. Ms. Fenderbosch indicated that she understands that Council usually requires a pay ordinance to run three readings but if the fire contract is completed and signed she would recommend adoption as these part time firefighters deserve their increases as well.

Ms. Fenderbosch moved to suspend; Ms. Duncan seconded. Voice Vote: 7 ayes; 0 nays. Motion carried. Ms. Fenderbosch moved to waive the reading in its entirety; Ms. Duncan seconded. Voice Vote: 7 ayes; 0 nays. Motion carried. Ms. Fenderbosch moved to adopt; Ms. Duncan seconded. Poll: 7 ayes; 0 nays. Motion carried.

Resolution 09-2015

A RESOLUTION AUTHORIZING THE RETENTION OF JEANINE COLOZZA, CONSULTANT, FOR CONSULTANT SERVICES AND PROJECT MANAGEMENT FOR THE CONSTRUCTION BUILD OUT OF THE SENIOR CENTER AT CITY HALL, AND DECLARING AN EMERGENCY First Reading

Mr. Sculac moved to discuss; Mr. Roberts seconded.

Mr. Sculac asked if any other individuals were considered or was only one person interviewed. Mayor Donegan indicated that she had not look across the board in this area as Ms. Colozza was instrumental when she worked with the administration a year ago. She knows the project well and with her background and what she has maneuvered and knowing her accountability to the city as a resident she wanted to extend the agreement to her. Mr. Sculac indicated that he has a concern due to the fact that Ms. Colozza is a member of the city’s Planning Commission as a volunteer and now the city is hiring her for a specific job. Mr. Sponseller indicated that there is no financial or pecuniary interest that affects Ms. Colozza as it applies to the position on Planning Commission. Additionally, there appears to be no overflap where there would be a conflict arising out of this particular task and her duties as a Planning Commission member. As a result, in his opinion, there would be no legal or ethical conflict of interest that would prohibit her from holding this contract with the city. Mr. Roberts stated that Ms. Colozza is not considered a public official who could not have an interest in a public contract. Mr. Sponseller indicated that there are positions that volunteers hold on various boards and they are permitted to be involved in activities of a particular city. She is not a public official for example a Council member who would be voting on her own contract and has no input in the matter.

Mr. Linn indicated that there is a specific section in the Charter that indicates what specific duties Planning Commission members have and if he is not mistaken it states that they cannot serve in any other capacity. Mr. Sponseller indicated that he examined the state ethic laws but not the Charter. Mayor Donegan indicated that if there was a specific law she would ask Ms. Colozza to step down from Planning Commission due to the fact that this is a unique set of circumstances since this is a federal grant with compliance reporting included. Frankly, with what Ms. Jones, herself and Director Borczuch have on their plates there is no way we will be able to tackle that reporting correctly. Ms. Fenderbosch indicated that Ms. Colozza is very knowledgeable and does have the expertise to oversee this project and the reporting requirements. Mr. Sponseller indicated that under 10.06 Planning Commission it states … “Planning Commission shall consist of five members none of whom shall hold any other public office or public position in the municipality, except as permitted in section 10.07(a).” He indicated that Ms. Colozza does not hold any other public office or position in the municipality and if she did there is one exception which refers to the Board of Zoning Appeals.

Mayor Donegan asked if Council had any thoughts to the amount Ms. Colozza should be compensated. Mr. Roberts asked if Council needed to adopt this evening. Mayor Donegan replied no, but would ask perhaps at the next meeting as the city is on a timeframe. She indicated that Mr. Pusti is working on the specs to go out for bid. Mr. Roberts indicated that the city received a grant in the amount of $150,000 and asked for the build out costs. Mayor Donegan replied $162,000 which was previously presented. Mr. Roberts asked if that amount included the costs for Ms. Colozza. Mayor Donegan replied it did not. The ordinance states that Ms. Colozza would receive $75.00 per hour and would ask that Council determine the not to exceed amount. Mr. Roberts would suggest $6,500.00. Mr. Pulice indicated that he would prefer $50.00 per hour rather than $75.00. Again, without having any history how was the hourly rate determined. Mayor Donegan indicated that Ms. Colozza normally charges more than the $75.00. Mr. Roberts also stated that Ms. Colozza has over 20 years of experience handling multi-million dollar projects. Mayor Donegan indicated that she will revise the legislation and use $6,500 as a not to exceed amount.

Miscellaneous New Business

Mr. Sculac indicated that Planning Commission will meet tomorrow night and will be discussing the OPA Charter school issue and Dr. Lloyd will be in attendance. He would suggest that, if possible, Council members attend this meeting.

Such other business that may come before Council - None

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

Meeting adjourned at 9:04 p.m.

____________________________

Ann Marie Donegan, Mayor Angela Mancini, Clerk of Council

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