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Vermilion City Council Minutes
Tuesday, February 19, 2008
Vermilion City Council: Fred Ostrander, President; Dan Roth, Council At Large; John Gabriel, Ward One; Heidi Strickler, Ward Two; Steve Holovacs, Ward Three; Barb Brady, Ward Four; Madio Rossini, Ward Five; Gwen Fisher; Certified Municipal Clerk.
Administrative Staff: Dan Squires, Service Director; Carl Schmidt, Safety Director; Chris Howard, City Engineer; Wayne Hamilton, Finance Director; D. Zaleski, Law Director; Jean Anderson, Mayor.
CALL TO ORDER:
F. Ostrander called the Tuesday, February 19, 2008 Vermilion City Council meeting to order.
PLEDGE OF ALLEGIANCE:
The members of Council, administrative staff, and audience participants recited the Pledge of Allegiance. A moment of silence followed.
APPROVAL OF MINUTES:
The Vermilion City Council approved the minutes of the February 4, 2008 meetings as recorded in the journal.
CORRESPONDENCE:
G. Fisher read an e-mail she received on February 11, 2008 relative to summer time noise. Mr. Fred Bilby of 5665 South Street voiced his concerns with loud motorcycles. He noted that he has a garage full of motorcycles so it’s not that he doesn’t like them. He knows from first hand experience that there is an allowable decibel level law. He questioned why the Vermilion police turn their heads or wear blinders to the window rattling obnoxious sounding Harley Davidson motorcycles. He stated that he works night shift and is awaken two or three hours into his sleep so this is aggravating. He hoped something could be done about this problem and thought it would be nice if the bikers were more considerate, and would abide the law on noise pollution.
Secondly, the Vermilion City Council received a letter from the Olympic Outing Club on behalf of their members. They made a $500 donation to help defer the costs of icebreaking on the river. They extended a special thanks to those who spent over 30 straight hours last winter breaking the ice on the river and helping with upkeep on the equipment that makes it possible. They know these actions prevented the ice and water from causing significant damage to their property and they wanted to let those people know that these efforts do not go by unnoticed.
PRESIDENT OF COUNCIL’S REPORT:
F. Ostrander said while he can’t say whether he is for or against the Vermilion Local Schools renewal on the March 4 ballot, he could say that strong schools are an important part of the community.
COMMITTEE REPORTS:
Zoning Board of Appeals:
B. Brady reported that the next meeting is scheduled for February 26, 2008 at 7:00 p.m.
Utilities Committee:
H. Strickler reported that the next meeting is scheduled February 25, 2008 at 7:00 p.m. She reported that Council received correspondence from Columbia Gas advising of their intent to file for its first base rate increase in 14 years. They stated that in early March their company will file a request to raise their base rates by $82.4 million. If the proposal is approved as filed, the typical residential customer would see their monthly bill increase by $5.64 per month.
Streets, Buildings & Grounds Committee:
D. Roth reported that the next meeting is scheduled for February 25, 2008 at 7:00 p.m.
Historic, Design & Review Board:
D. Roth reported that the next meeting is scheduled for February 20, 2008 at 7:00 p.m.
Port Authority:
F. Ostrander reported that the next meeting is scheduled for February 21, 2008 at 7:00 p.m.
Finance Committee:
S. Holovacs reported on the meeting held February 11. The next meeting is scheduled for March 10, 2008 at 7:00 p.m.
Licensing Board of Contractors:
S. Holovacs reported on the meeting held February 13. The next meeting is scheduled for March 12, 2008 at 7:00 p.m.
Storm Water Advisory Committee:
S. Holovacs reported that the next meeting is scheduled for February 25, 2008 at 6:00 p.m.
Legislative Committee:
J. Gabriel reported on the meeting held February 11. The next meeting is scheduled for March 10, 2008 at 7:00 p.m.
Planning Commission:
J. Gabriel reported that the next meeting is scheduled for March 5, 2008 at 7:00 p.m.
Health & Safety Committee:
M. Rossini reported on the meeting held February 11. The next meeting is scheduled for March 10, 2008 at 7:00 p.m.
MAYOR’S REPORT:
Mayor Anderson reported that on February 28, 2008 a swearing in ceremony will be held at 5:30 p.m. in the Municipal Complex to promote William Kleinhams, Assistant Chief; Doug Keith, Captain; Greg Stempowski, Lieutenant; and Kirk Horton to Lieutenant. In addition, individuals completed their certified fire safety inspector course and have been assigned to the Fire Prevention Bureau as inspectors and will be recognized. They are David Coen, John Showalter, Rodney Johnston, Wayne Hoffman, and Chris Stempowski. She said that Roger Sick as been promoted to Fire Marshall. She said that now that the city has a Fire Prevention Bureau staffed and in place, fire safety inspections will be scheduled throughout the city. The emphasis is on safety to prevent fires. She personally thanked all the individuals for all their training time they dedicated to ensure safety throughout the community.
She reported on a resolution on the agenda which authorizes her to enter into an agreement as proposed by the Leadership Lorain County Class of 2008 to be included in a joint application for a local government services collaboration grant through the Ohio Department of Development for the purpose of funding a feasibility study.
SAFETY DIRECTOR’S REPORT:
C. Schmidt reported that he received a complaint about how long it took to respond to a 9-1-1 call. The response time as reported from North Central was two and a half minutes. It was found that the call was made from a cell phone which takes more time because it goes to the Erie County or Lorain County EMS and then to the local dispatcher. He encouraged residents to call 9-1-1 from their home phone if possible.
He reported that the river was running, but now it’s icing up again. He warned the residents not to trust the ice because there are areas where it could be thin. He asked if he had to come to council about paying $1,400 to Lorain County Hazmat. G. Fisher said she would research the last ordinance to see if another ordinance was necessary.
SERVICE DIRECTOR’S REPORT:
D. Squires reported that the administration is preparing legislation for a culvert/pipe replacement program for undersized or damaged drainage because. He said he has begun notifying residents who have expressed concerns or interest in replacing culvert pipes at their addresses. He said they are performing temporary hot patching in several heavily pothole areas. The dura patcher will resume work as soon as the weather remains above freezing temperatures. He reported that leak detection inspections by Gene Rigby of Underground Utilities, Inc. will begin on Thursday. He reported that the final testing has been performed on the 16” river crossing watermain and no leaks were detected.
F. Ostrander asked the service director if he found out how much water was lost from the hydrant that was damaged in the township. D. Squires said he would follow up on this and would send an e-mail to him.
FINANCE DIRECTOR’S REPORT:
W. Hamilton reported that he will be coming to council with a note ordinance and appropriation ordinance for the Downtown Watermain project which he will try to do locally through the banks to save on underwriting costs. He said later in the year he would then like to roll it into a larger borrowing. Secondly, he encouraged council to pass Ordinance 2008-9 (Clemans & Nelson) because they will be meeting with Local 860 on Friday.
CITY ENGINEER’S REPORT:
C. Howard updated council on the Downtown Watermain Replacement Project. He noted that the contractor is between Exchange and Toledo Street with the mainline portion. He will come back and do the laterals. He reported that bids have gone out for the East Liberty Watermain Extension project.
LAW DIRECTOR’S REPORT:
D. Zaleski reported that he would update council on a lot of damage claims and litigation cases during executive session.
S. Holovacs said there is a public hearing in the township this evening pursuant to a zoning change and asked the law director if he had a chance to get back to council on this issue. D. Zaleski stated that he spoke with Mr. Ostrander on the phone Friday and told him the information. He said he would share the same information with him after tonight’s meeting.
RESPONSE TO THE AUDIENCE: None.
OPEN TO THE AUDIENCE: No participants.
OLD BUSINESS: None.
NEW BUSINESS:
S. Holovacs MOVED; J. Gabriel seconded to adjourn into Executive Session to discuss pending and imminent litigation. Roll Call Vote 7 YEAS. MOTION CARRIED.
J. Gabriel MOVED; S. Holovacs to authorize the fire department to purchase 12 Motorola portable radios and spk/mic’s in the amount of $6,052.68. Roll Call Vote 7 YEAS. MOTION CARRIED.
H. Strickler MOVED, M. Rossini seconded to authorize Bramhall Engineering to prepare the assessment calculations for Edson Street based on lineal feet. Discussion: F. Ostrander asked for a ball park price on preparing these costs. C. Howard said it should not exceed $10,000. B. Brady asked if there was a cheaper way to do this and whether they had to spend $10,000. C. Howard said that because of the storm water ordinance this is not a simple task. Roll Call Vote 7 YEAS. MOTION CARRIED.
J. Gabriel MOVED, S. Holovacs seconded to authorize Bramhall Engineering to prepare the assessment calculations for the Elberta/LibertyStorm Project. Discussion: F. Ostrander asked for a ball park price on this project as well. C. Howard said this project is more complicated. He said they can start at $10,000 but he would have to let council know as they get into the process. H. Strickler stated that this amount does get rolled into the entire assessment project. Roll Call Vote 7 YEAS. MOTION CARRIED.
H. Strickler MOVED; B. Brady seconded to amend Ordinance 2008-7 as recommended by the Legislative Committee of February 1, 2008. Discussion: J. Gabriel asked Don Zaleski if he had a chance to review this ordinance. D. Zaleski said he reviewed it and doesn’t have a problem with it. Roll Call Vote 7 YEAS. MOTION CARRIED.
READING OF THE ORDINANCES:
Third Reading - Ordinance 2008-7: AN ORDINANCE AMENDING SECTION 1260.06(1) OF THE CODIFIED ORDINANCES OF THE CITY OF VERMILION ENTITLED “DEFINITIONS; ACCESSORY USE OR BUILDING”.
S. Holovacs MOVED; J. Gabriel seconded to adopt this ordinance. Roll Call Vote 7 YEAS. MOTION CARRIED.
F. Ostrander asked the law director if buildings that have been constructed that are not to this code will be grandfathered in. D. Zaleski said yes but they will have to look at them on a case by case basis.
Third Reading – Ordinance 2008-8: AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF VERMILION, OHIO TO MAKE PAYMENT OF FIVE HUNDRED DOLLARS ($500.00) TO MAIN STREET VERMILION FOR THE 2008 PROMOTIONAL BROCHURES AND DECLARING AN EMERGENCY.
B. Brady MOVED; M. Rossini seconded to adopt this ordinance by emergency. Roll Call Vote 7 YEAS. MOTION CARRIED.
Second Reading – Ordinance 2008-9: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH CLEMANS AND NELSON ASSOCIATES, INC. TO REPRESENT THE CITY OF VERMILION IN THE MATTER OF LABOR NEGOTIATIONS WITH THE LOCAL 860, AND DECLARING AN EMERGENCY.
B. Brady MOVED; J. Gabriel seconded to suspend the rules. Roll Call Vote 1 YEA (Brady); 6 NAYS (Gabriel, Roth, Holovacs, Rossini, Strickler, Ostrander). MOTION FAILED.
F. Ostrander stated that last month council voted down the previous Clemans & Nelson Ordinance and wondered what the pay authority is at this point on this ordinance. D. Zaleski said he would have to look to see what was appropriated in the budget under contractual services and they couldn’t exceed that. He said if the Clemans & Nelson contract went above that then council would have to ratify how they would need to be paid if it wasn’t budgeted or appropriated. F. Ostrander asked the law director to look into this. J. Gabriel said if council decided to make a motion saying they don’t want to pay the amount above $25,000, whether it fell under contracted services or not, what is the legality of this issue D. Zaleski said there would probably be litigation on this. He said he doesn’t want to get into this too much in the public. He said Clemans and Nelson were around and in executive session and everybody knew that they were being used. He said he doesn’t know what the outcome of that litigation would be.
First Reading – Ordinance 2008-12: AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE VERMILION CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY.
First Reading – Ordinance 2008-13: AN ORDINANCE ESTABLISHING GROUP HOSPITALIZATION INSURANCE FOR ALL CITY EMPLOYEES, UNLESS SPECIFIED DIFFERENTLY PER UNION CONTRACTS, AND PREEMPTING ORDINANCE 2003-17 AND ANY AND ALL ORDINANCES AS THEY REFER TO HEALTH CARE INSURANCE, VISION INSURANCE, AND DENTAL INSURANCE BENEFITS, AND DECLARING AN EMERGENCY.
First Reading – Ordinance 2008-14: AN ORDINANCE AMENDING ORDINANCE NO. 2007-30 ADOPTED MAY 14, 2007 BY ADOPTING CHANGE ORDER NUMBER TWO WHICH IS AMENDATORY TO THE ORIGINAL CONTRACT WITH SHOOK INC. OF BRECKSVILLE, OHIO FOR THE WATER TREATMENT PLANT PHASE II PROJECT IN THE CITY OF VERMILION; AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT TO SAID AWARDEE IN THE ADDITIONAL AMOUNT OF FOUR THOUSAND SEVEN HUNDRED SIXTY FOUR DOLLARS ($4,764.00), ALL OF THE SAME HAS BEEN FAVORABLY RECOMMENDED BY THE CITY ENGINEER AND DECLARING AN EMERGENCY.
S. Holovacs MOVED; M. Rossini seconded to suspend the rules. Roll Call Vote 7 YEAS. MOTION CARRIED.
J. Gabriel MOVED; M. Rossini seconded to adopt this ordinance by emergency. Roll Call Vote 7 YEAS. MOTION CARRIED.
First Reading – Ordinance 2008-15: AN ORDINANCE AUTHORIZING THE PURCHASE OF A REVENUE BOND TO BE ISSUED BY THE VERMILION PORT AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT OF $995,538 TO REFUND, REDEEM AND RETIRE A PORT AUTHORITY REVENUE NOTE HELD IN THE CITY TREASURY AND ISSUED BY THE PORT AUTHORITY TO PROVIDE INTERIM FINANCING FOR THE ACQUISITION OF THE LAND AND BUILDINGS LOCATED AT 5150 LIBERTY AVENUE FOR AUTHORIZED PURPOSES OF THE PORT AUTHORITY; AUTHORIZING THE EXECUTION AND DELIVERY OF A COOPERATIVE PUBLIC WATERFRONT ECONOMIC DEVELOPMENT FINANCING AND ASSIGNMENT AGREEMENT WITH THE PORT AUTHORITY TO PROVIDE FOR THE TERMS OF AND SECURITY FOR, AND THE PURCHASE AND DELIVERY OF, THAT PORT AUTHORITY REVENUE BOND, THE REFUNDING OF THE OUTSTANDING NOTE AND RELATED MATTERS; AND DECLARING AN EMERGENCY.
First Reading – Resolution 2008-2: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT AS PROPOSED BY THE LEADERSHIP LORAIN COUNTY CLASS OF 2008 TO BE INCLUDED IN A JOINT APPLICATION FOR A LOCAL GOVERNMENT SERVICES COLLABORATION GRANT THROUGH THE OHIO DEPARTMENT OF DEVELOPMENT TO BE SUBMITTED BY THE LORAIN COUNTY COMMUNITY ALLIANCE FOR THE PURPOSE OF FUNDING A FEASIBILITY STUDY CONDUCTED BY LORAIN COUNTY COMMUNITY COLLEGE THAT ADDRESSES WHETHER AND IN WHAT MANNER MUNICIPAL CORPORATIONS, INCLUDING CITIES, VILLAGES, TOWNSHIPS AND/OR OTHER POLITICAL SUBDIVISIONS WITHIN LORAIN COUNTY MAP COMBINE THEIR RESPECTIVE PROVISION OF LOCAL GOVERNMENT SERVICES AND THE DECLARING OF AN EMERGENCY.
Tabled Ordinances:
Third Reading – Ordinance 2007-63: AN ORDINANCE AMENDING ORDINANCE 2007-10, ADOPTED MARCH 26, 2007 TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF VERMILION, OHIO FOR THE FISCAL YEAR ENDING DECEMBER 31, 2007 AND DECLARING AN EMERGENCY. ($400.59 – moral claim).
Third Reading – Ordinance 2007-76: AN ORDINANCE AMENDING ORDINANCE 2001-31 ADOPTED JULY 16, 2001 TO ACCEPT THE MAJOR CHANGE TO THE FINAL PLANS KNOWN AS VERMILION SHORES DEVELOPMENT, WHICH WAS PREVIOUSLY REZONED TO A PLANNED UNIT DEVELOPMENT.
Third Reading – Ordinance 2007-100: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH JOHNSON CONTROLS OF CLEVELAND, OHIO TO PROVIDE HOUSE BILL 300 PERFORMANCE CONTRACTING SERVICES TO THE CITY OF VERMILION AND DECLARING AN EMERGENCY.
Third Reading – Ordinance 2007-102: AN ORDINANCE ENACTING CHAPTER 1048 OF THE CODIFIED ORDINANCES OF THE CITY OF VERMILION ENTITLED “CONSTRUCTION SITE SOIL EROSION, SEDIMENT, STORM WATER RUNOFF AND STORM WATER QUALITY CONTROLS AND REGULATIONS” AND DECLARING AN EMERGENCY.
Third Reading – Ordinance 2008-3: AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF VERMILION, OHIO TO APPROVE THE CONTINUATION OF THE CONTRACT PASSED ON DECEMBER 21, 1998, PURSUANT TO ORDINANCE 98-89 TO RECEIVE A SUBSIDY FROM BROWNHELM TOWNSHIP, LORAIN COUNTY, OHIO FOR SUBSCRIPTION AMBULANCE SERVICE THROUGH THE CITY OF VERMILION’S CONTRACT WITH NORTH CENTRAL EMS OF MILAN, OHIO FOR THE PERIOD OF JANUARY 1, 2008 THROUGH DECEMBER 31, 2008 AND DECLARING AN EMERGENCY.
Third Reading – Ordinance 2008-4: AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF VERMILION, OHIO TO RECEIVE A SUBSIDY FROM VERMILION TOWNSHIP, ERIE COUNTY, OHIO FOR SUBSCRIPTION AMBULANCE SERVICE THROUGH THE CITY OF VERMILION’S CONTRACT WITH NORTH CENTRAL EMS OF MILAN, OHIO FOR THE PERIOD OF JANUARY 1, 2008 THROUGH DECEMBER 31, 2008 AND DECLARING AN EMERGENCY.
ANNOUNCEMENT OF MEETING DATES:
- Monday, March 3, 2008 – Vermilion Shores PUD Public Hearing – 6:00 p.m. - Vermilion City Council Meeting – 7:00 p.m.- Monday, March 10, 2008 – Finance, Legislative, and Health & Safety Committee Meetings – 7:00 p.m.- Monday, March 17, 2008 – Vermilion City Council Meeting – 7:00 p.m.- Monday, March 24, 2008 - Streets, Bldgs. & Grounds; Utilities Committee Meetings – 7:00 p.m.ADJOURNMENT:
No further business was conducted, therefore, F. Ostrander, President of Council adjourned the meeting.
Fred Ostrander, President of Council
Gwen Fisher, Certified Municipal Clerk
Note: Unofficial meeting minutes. Changes may be pending.
2/27/08
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