Approved Minutes 05/10/2016
Page 139
City of Olmsted Falls
Minutes of a Regular Council Meeting
Tuesday, May 10, 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 8:11 p.m. Roll call was conducted. Councilmen Jay Linn, Linda Garrity, Jim Haviland, Bob Sculac, Paul Stibich, Terry Duncan, and Kyle Miller were present.
Also in attendance: Gregory Sponseller, Law Director, Steve Presley, Finance Director, Mike DeSan, Asst. Finance Director, Joe Borczuch, Service Director, and Rosann Jones, Manager Business and Community Services. Audience: 4.
Mayor Donegan stated that prior to approval of minutes she would request that the presentation by Southwest General Hospital be made in order to allow these individuals to leave this evening as they have been waiting for quite some time due to the Joint Cemetery Meeting.
Southwest General Hospital Presentation of the Fireman Mission Life Award: Mayor Donegan introduced Mr. Bill Young, who is the new Chief Executive Officer of Southwest General Hospital and Ms. Jackie Humshield, who is the EMS Coordinator. She stated that Mr. Young has been with Southwest since the beginning of the year and she appreciates his energy and enthusiasm. She has met with Mr. Young a couple of times to discuss Community Paramedicine. She stated that Ms. Humshield is also a resident of Olmsted Falls.
Ms. Humshield thanked Council for allowing this presentation this evening. She stated that the fire department will be the recipient of two awards, one from Southwest General and a national award from the American Heart Association. She then read the Southwest General award. She indicated that the hospital is proud to have the fire department part of their team and is grateful that the city allows the hospital to be their medical control. She indicated that the award is signed by Mr. Young, Bernie Martin, Director of Emergency Services, Dr. Susan Taute, who is the medical director, and herself.
Ms. Humshield indicated that the department will also receive a Mission Lifeline Award. This is a national award from the American Heart Association and there are not many fire departments that achieve this award. It is a measurable metric and begins with the patients that end up in the cath lab. She can trace those patients back to the streets. The fire department did an outstanding job as many patients present with many different symptoms and you do not always know that it is cardiac from the beginning. The department gives the patient the best they can and nothing falls through the cracks.
She also stated that the hospital received a Stroke Center Elite Award and that could not have been achieved if it was not for the field people calling from the streets advising the hospital what they had. We could not do what we do at the hospital without the city’s wonderful fire department and crew. She would also like to state that she is proud of the police officers as well as the hospital was allowed to help with the Narcan training. She knows for a fact that they have made a difference in the community with several patients within the last month. Mayor Donegan stated that Ms. Humshield was instrumental in obtaining additional medicine. In less than five days the city had five overdoses of heroin.
Chief Munteanu stated that it takes a collaborative effort with support of the city administration, support from the hospital all the way down to the EMS office to be able to give us the tools and education needed. He stated that his crew constantly challenges one another, whether they are doing something EMS or fire related in order to elevate their level and he is extremely proud of that. Mayor Donegan stated that you take for granted the service of these individuals, all the training they do, the lives they save, the risks they put themselves in is appreciated.
Mr. Young stated that this shows what a strong partnership will do. We are making a difference for the people we serve in our communities. He thanked the administration for giving the hospital the opportunity to support them and will continue to do that. We will look for other opportunities in the future. We are getting some great results and he hopes the community recognizes that when we have these great outcomes it makes a difference. Mayor Donegan stated that the city is putting together a newsletter and asked Mr. Young to put together a blurb regarding outcomes in the community.
Mr. Stibich asked if Chief Munteanu would name the fire department personnel in attendance. Chief Munteanu indicated that in attendance are Bob Arida, Jonathon Lewis, and Ray Bement. Mayor Donegan indicated that Mr. Arida and Mr. Lewis are full time and Mr. Bement is a part time firemen.
Approval of Minutes:
Ms. Duncan moved to approve the minutes from the Joint Council/Planning Commission Meeting of April 18, 2016; Mr. Stibich seconded. Poll: 7 ayes; 0 nays. Motion carried.
Mr. Sculac moved to approve the minutes from the Finance Committee Meeting of April 26, 2016; Mr. Stibich seconded. Ms. Garrity indicated a typo on page 116. Poll as amended: 6 ayes; 0 nays; 1 abstain (Duncan). Motion carried.
Mr. Stibich moved to approve the minutes from the Regular Council Meeting of April 26, 2016; Mr. Haviland seconded. Poll: 6 ayes; 0 nays; 1 abstain (Duncan). Motion carried.
Consideration of Amendment to the Agenda
Mayor Donegan would request that an executive session be added to the end of the meeting.
Ms. Duncan 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); Mr. Linn seconded. Voice Vote: 7 ayes; 0 nays. Motion carried.
Mayor’s Report and Appointments
Mayor Donegan indicated that Mr. Chambers needed to re-schedule his presentation to the May 24th Council meeting.
Mr. Sculac moved to appoint Larry Meluch to the position of part time police office in the Olmsted Falls Police Department; Mr. Stibich seconded.
Mayor Donegan indicated that Officer Stoudmire with the Cleveland Police Department had to resign from his part time position as he works in Internal Affairs and Sex Crimes and his duties were expanded. For most appointments a full background check is completed but both Chief Gilles and Deputy Chief Traine would request Council’s consideration to place Mr. Meluch back on the force in a part time capacity. Ms. Garrity asked if Mr. Meluch would become a permanent part time officer, Mayor Donegan replied yes. Poll: 7 ayes; 0 nays. Motion carried.
Railroad Update: As Council is aware the City had several railroad crossings closed. CSX on Sprague was closed and we have had some conversations with the Surface Transportation Board and the Ohio Rail Commission. We are currently preparing a packet of information to show how much of an inconvenience the railroad closings are becoming to the health, welfare and safety of the residents. She will bring this information in greater detail to Council as this issue advances through the state. Senator Tom Patton is helping to navigate the process.
Charter Update: Due to the time she will discuss this item in greater detail on May 24th. She indicated that Council President Linn and Councilman Sculac participated in a meeting with the Law Director and Asst. Law Director and will bring some considerations forward regarding Charter changes as we move forward this year.
Summer on the Cuyahoga and Youth Opportunities: She stated that Mr. Presley has approved Summer on the Cuyahoga and is a prestigious internship. The city will receive two interns one will work with Mari Alice Zacharyasz on finalizing the personnel manual and removing some codified sections under Chapter 254 that are in conflict with some of the collective bargaining agreements that have caused some problems. The other intern will be work in just general administration. The City pays these interns $10.00 per hour.
Youth Opportunities is an internship program for high school students. The City does not pay these interns as they are paid through Youth Opportunities. These individuals will be used to paint fire hydrants and other activities that the city would normally pay overtime for. Supervision of these individuals will fall under either myself, Ms. Jones, Mr. Sponseller or Mr. Borczuch.
Communications from Residents
Tony Campanalie, 7565 Clark Street stated that recently he and Councilwoman Duncan attended a tree seminar at Tri-C East. After listening to other speakers, South Euclid has created legislation for contractors, landscapers, tree trimmers, and others that do not require a permit to be registered. They must be registered and bonded. For example, when he was landscaper he got a phone call from someone who would want him to cut their grass. He use to have a special took on his weed-whacker so it would not hit the skirting. He received a call a day later from this same individual who indicated the he cut her skirting to which he replied that he had not. What actually happened was it the people before him cut the skirting but she contacted the new one and they expect to be paid. He stated that South Euclid has their contractors, all of them, to obtain a permit, be registered and carry a bond. He would like to see this type of legislation in the City of Olmsted Falls because if a resident has to get a permit to do work on their house he believes a contractor should as well. The contractor should have a list of their normal customers and those normal customers should be given a small paper from the contractor with their name, their bond and their insurance listed to cover anything that happens on their property. A lot of times you never find them again they give a phone number that is not real. He would like to see this legislation to cover the residents so if something happens to their property the contractor can be held accountable instead of them escaping out of town.
Mr. Miller asked if this was similar to legislation proposed in neighboring communities. Mr. Campanalie indicated that South Euclid was the one community that brought it up but he has heard from some other people that they are looking at this as well. Mayor Donegan suggested that the Clerk of Council could research this through Walter Drane to see what other communities had this type of legislation. Mr. Sculac asked if Mr. Campanalie was talking about landscapers and those individuals who plow driveways. Mr. Campanalie replied yes and cement contractors. Mayor Donegan indicated that the City already has provisions for cement but thinks that Mr. Campanalie is referring to smaller landscape companies. Ms. Duncan stated that she does know that more communities, in other states not sure about the State of Ohio, have provisions for arborists because obviously the health and safety of individuals is much more significant when you are talking about taking down trees. She suggested looking at the national arborist site for legislation and perhaps they also have some for landscapers.
Mr. Borczuch stated that all contractors are supposed to be registered with the City. There will be no way possible to police all of them to make sure they are as there is not enough manpower for something of that nature. There are also a lot that don’t even have signs on the sides of their vehicles and you will never be able to hit every single street every hour or minute of the day. Mr. Campanalie stated that contractors would benefit by having this paperwork with them when they go to solicit their product. Mayor Donegan stated that maybe the city can try and make the homeowner more aware. Mr. Borczuch stated that when a homeowner calls we give them the list of registered contractors to deal with so they know they are dealing with a licensed and registered contractor with the city that is in good standing. Mr. Linn stated that the law already exists in the codified. The problem is that they try to skirt under that with no name on their truck so they don’t have to pay the bonding fee. Maybe there is another answer. For example, anyone who treats a lawn is supposed to register and provide the name and address of any customer they are spraying any insecticide chemicals on the lawn but its hard to say how many do.
Fred Meyer, 7301 River Road, stated that again the reason he is here, and seems to be a regular thing because he does not recall ever being before Council for any other reason, is to again address the problem with the Lair’s. A load of lumber was delivered with ornamental things and included 4 x 6’s and 6 x 6’s to the Lair property and was laying in the driveway. He saw the lumber for the first time Friday evening and he was curious as to what he was intending to do because he believes everything was done that was permitted by the BZA and Council. He came in to see Mrs. Aimee Stone and inquire if a permit had been issued to use this lumber. She informed him that all she knew was that she had a drawing showing what he wanted to do. This is the 3rd drawing with the number A-1 on it. This drawing was made on the 20th of April of this year so he couldn’t have had any BZA approval and if he does he was not notified so therefore he assumes he does not have approval. He inquired what was going to happen and was informed that Mr. Cheatham said they did not need approval. Now, he is not an attorney but can read the English language and he knows what a structure is and this is a structure. This drawing depicts the structure which consists of six 6x6x8 foot long pieces of lumber with four decorative supports made out of 6 x 6’s and 12 4 x 6’s for the top of this structure. He took the information and asked if Mrs. Stone was sure that Mr. Cheatham indicated that they did not need BZA approval and Mrs. Stone replied yes. As a result of this information he decided to come before Council to see if anything had changed that all of a sudden would allow somebody to build something in a riparian setback without city approval. He is unaware that Mr. Cheatham could now be judge and jury and determine what the BZA can do. He does not understand how these people operate and what they think they can get away with. He also heard that Mr. Cheatham asked the City Planner and his decision was that they did not need a permit. Mayor Donegan stated that they needed a permit but did not need approval from the Board of Zoning Appeals. She believes the City Planner stated that they did not need approval by the BZA and that Mr. Cheatham could issue a permit. Mr. Meyer stated that this was definitely a structure. Mr. Haviland asked what the structure was considered. Mr. Linn stated that it was considered a pergola. Mr. Meyer indicated that he saves information from the BZA, for obvious reasons, and Mr. Cheatham presented a summary, at the request of the Olmsted Falls BZA for 7305 River Road, which is the Lair property. This request was for an administrative review which he will read the pertinent paragraphs. He stated that 1470.13 – Uses permitted in riparian or wetland setbacks. This section sets forth what can and cannot be done with or without a permit and a patio would be not be a permitted use. Section 1470.14 covers uses prohibited in riparian wetlands and states that there shall be no structures of any kind. Anything that is made out of 4x6’s or 6x6’s and is put together with nails he believes is a structure. If you do not believe him you can read the Olmsted Falls description of what a structure is. Furthermore under number four the degree of hardship a regulation places on the landowner and the availability of alternatives to the proposed activity. Mayor Donegan asked Mr. Meyer was reading from. Mr. Meyer indicated that he is reading a letter sent to the BZA. Mayor Donegan stated for reference, that Mr. Meyer is reading the BZA information that Mr. Cheatham prepared for them regarding the initial structure of the Lair’s in the riparian setback. Mr. Meyer stated whatever construction there is. Mayor Donegan then stated that Mr. Meyer is stating that he is also referring to the code regarding the riparian setback that is the Safebuilt summary they put together for the Lair property. Mr. Meyer replied that as usual the BZA ignored this and allowed the code to be violated. This is not the first time it has happened many times the BZA has never abided by the rules and ordinances of this City when it came to variances especially for Joe Lair and under the stewardship of Mr. Seth Tomasch he got everything he ever wanted and all was in violation of the riparian setback.