Vermilion Ohio News

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Vermilion City

Council Minutes

Monday, May 5, 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; R. J. Budway, Prosecutor; Jean Anderson, Mayor; Wayne Hamilton, Finance Director

CALL TO ORDER:

F. Ostrander called the Monday, May 5, 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 April 21, 2008 meeting as recorded in the journal.

CORRESPONDENCE:

G. Fisher read a letter dated May 2, 2008 to Vermilion City Council from Mayor Anderson asking council to reconsider the appointment of Bill Kubik to the Civil Service Commission to an unexpired term ending in December 2008.

A letter submitted by four Nautical Drive residents was read into the record as follows:

We the undersigned request that permission be denied to issue a permit for installation of a floating dock on Sub lot 48 Anchorpoint as requested by Leonard Lachner. Reasons for this request include:

1. The channel is already narrow. There is barely room for boats to cross there now.

2. The likelihood of a boat collision will increase greatly due to the narrowed channel.

3. This dock is being installed in a residential area where it could become used for commercial purposes which is illegal in this zoning code.

4. There has been no dock at this location for over one year.

Lastly, council received two liquor permits for Larry T. & Deborah Dickerhoff, dba Captain Larry’s Restaurant, 5561 Liberty Avenue; and, Roger L. Colebrook, dba Thee French Restaurant, 555 Main Street Bsmt & Patio.

PRESIDENT OF COUNCIL’S REPORT:

F. Ostrander stated that the pending railroad discussion is going to the May 7 Planning Commission meeting. He reported that on May 12 there will be discussion about a road levy program. He said a flyer was passed around to quite a few homes in the Valley view area about what can be done about streets. He invited the residents to come to the committee meeting if they wanted to speak up about roads.

He noted that city offices are closed on May 26 for Memorial Day and no meetings will be held. He said that the committee meetings will need to be rescheduled.

COMMITTEE REPORTS:

Zoning Board of Appeals:

B. Brady reported on the meeting held April 22. The next meeting has been scheduled for May 27, 2008 at 7:00 p.m.

Utilities Committee:

H. Strickler reported on the meeting held April 28, 2008.

Parks & Recreation:

H. Strickler reported on the meeting held April 15. The next meeting is scheduled for May 20, 2008 at 7:00 p.m.

Streets, Buildings & Grounds Committee:

D. Roth reported on the meeting held April 28, 2008.

Historic Design & Review Board:

D. Roth reported that the next meeting is scheduled for May 21, 2008 at 7:00 p.m.

Port Authority:

F. Ostrander reported on the meeting held April 17. The next meeting is scheduled for May 15, 2008 at 7:00 p.m.

Finance Committee:

S. Holovacs reported that the next meeting is scheduled for May 12, 2008 at 7:00 p.m.

Licensing Board of Contractors:

S. Holovacs reported that the next meeting is scheduled for May 14, 2008 at 7:00 p.m.

Legislative Committee:

J. Gabriel reported that the next meeting is scheduled for May 12, 2008 at 7:00 p.m.

Planning Commission:

J. Gabriel reported that the next meeting is scheduled for May 7, 2008 at 7:00 p.m.

Health & Safety Committee:

M. Rossini reported that the next meeting is scheduled for May 12, 2008 at 7:00 p.m.

MAYOR’S REPORT:

Mayor Anderson reported that the City of Vermilion Pride Day will be held on Saturday, May 17, 2008 in Victory Park. Please plan to arrive between 8:15 a.m. – 8:30 a.m. to sign the volunteer list and get your supplies which will be provided by the Lorain County Solid Waste Management District. This year the Lion’s Club will provide coffee, juice, and donuts. There will be a brief kickoff of the Pride Day Opening Ceremony that will begin at 8:30 a.m. and Pride Day will officially begin at 9:00 a.m. and will end at noon.

She encouraged all neighborhoods to get involved by picking up limbs, planting flowers, raking leaves, or helping a neighbor. This year the City of Vermilion street department will be running the chipper the week following Pride Day. If you would like to be placed on this list, please call the Mayor at 204-2402 or Tami Horton at 204-2432. There will be containers available at the city service center for the citizens to drop off old tires, litter, and any unwanted household items. They are unable to accept any household hazardous waste or electronics. The City of Vermilion Service Center is located on Devon Drive. A patch will be awarded this year to any Boy Scout or Girl Scout that participates in Pride Day. You must be signed in and work the entire three hours. This patch will be given to the troop leader once they are received by the Lorain County Solid Waste Management District. She said the city has many volunteers who have stepped up to spruce up our great city and the local parks.

She indicated that the President of Council reminded her that they are also looking for some volunteers to help clean up in the cemeteries. She said, “Please join us Saturday, May 17 in Victory Park.” She said if anyone is unable to help out on Pride Day and would like to volunteer with the watering of the flowers during the summer season, please contact Tami Horton at 204-2432.

H. Strickler said she has heard a couple times that the trains in the next 10 years are going to increase to 150 to 200 trains per day. She said that the mayor told the residents this at her Edson Street meeting. She said her concern is that the city needs to begin to plan if they are going to have that many trains. She said Vermilion Road will always have a train on it if you think of that many trains which again will block the safety forces from getting their quickly. She said she would like to know a plan that the city will have for this. She said the city really needs to pursue getting the Highbridge Road Bridge back open because this is really sectioning off ward two and ward five. She asked to discuss this at the next Health & Safety meeting.

Mayor Anderson said this is a necessary part of the discussion and the Highbridge Road Bridge has come up a number of times. She wants everyone to be aware of the tremendous increase in train traffic over the next 10 to 20 years, but really in the next two to five years they will see a substantial increase. She thinks they need to consider this in their traffic patterns through town as well.

M. Rossini said that there was a news article that said that CSX is adding two terminals. He said with regards to the Highbridge Road Bridge it would be real asset if the city looked into a wooden bridge. He said there have been wooden bridges built all through Ohio which are very scenic and practical, and least costly. He said this area is not the longest span and thinks it will be quite the addition.

Secondly, he asked the mayor if the chipper would be sent out to individuals. Mayor Anderson said residents have to call their office to get put on the list. The street department will then stop at the homes who have called to pick up the brush and tree limbs. M. Rossini asked if they will leave the chippings or will they take them. Mayor Anderson said they take them. M. Rossini asked if they could leave the chippings for people to use for mulch. F. Ostrander said that most of the stuff going through the chipper is rotten and has bugs in it. M. Rossini said in Lorain they pick up the leaves and mulch them and then the citizens can come and get the compost.

F. Ostrander asked the mayor if the street department was going to pick up stones in addition to brush. D. Squires told him not on Pride Day because it is difficult to get volunteers to work on Pride Day to do this type of work, but they will have a program through the street department during normal operating hours.

SAFETY DIRECTOR’S REPORT:

C. Schmidt reported that he is still working on a drug-free workplace program. He said today during training the question came up why elected officials don’t have to be subject to drug testing. C. Schmidt said that he told them that maybe the elected officials will volunteer to join the program. F. Ostrander said they may have to go to the Ohio Elections Commission to make that a requirement for being a candidate. Mayor Anderson said she will participate but thinks it sets a standard if they volunteer to participate in the program. F. Ostrander asked if there is an insurance break if there is 100 percent participation. C. Schmidt wasn’t aware of insurance but thought they should look into this. R. J. Budway was aware that the City of Lorain was going to get a break on their insurance by the percentage of workers participating. C. Schmidt said elected employees like Judges are exempt and this won’t hurt the city. M. Rossini said he would be sure to volunteer if the Judge would do it.

SERVICE DIRECTOR’S REPORT:

D. Squires reported that repairs to the South Street storm sewer sink holes will cost approximately $5,000. He said he would like to discuss this further at the next Utilities meeting.

He updated council on the ongoing streetscape project. The work zone is currently the southeast quadrant of Liberty and Main Street. Next they will be removing the curbs parallel to Exchange Park on the northeast quadrant and then they will move to the north side of Liberty at Grand Street and will move eastward. This will complete the installation of curbs and sidewalks so the contractor is well ahead of schedule. He stated that phase one of the red brick paver installation is completed. He spoke with the landscape contractor via telephone and they will have a walk through this week because he does have a couple concerns about the pavers. Additional asphalt repairs are being made for the summer in areas that were excavated both by the water main installation and streetscape, which will provide safe travel to residents and visitors in the city. He stated that the planting of trees and the installation of lamp poles will begin next week.

He reported that the street sweeper repairs have been completed and new tires will be put on in the next five to seven days, and they will commence their street sweeping program.

He said there have been many requests to move the canon in Exchange Park because it was apparently pointed in the wrong direction when the park was renovated years ago. He happily announced that he had this work done last week at no charge to the city. He said a contractor last year gave him a proposal for $5,000 to move the canon. He said that Smith Paving & Asphalt did this for the city. Additionally, there was a sanitary sewer point repair done under the streetscape area when they were excavating for the water main. The contractor discovered a large sink hole under Grand Street and Main Street and they had to make a quick decision. He said he did negotiate with the contractor and Underground Utilities did this for free which would have cost the city approximately $3,000.

S. Holovacs explained that a couple years ago they re-did Exchange Park and used clay pavers, and with the new streetscape along Liberty and Main Street they are using concrete pavers. He said this is totally opposite in principal and application, and wondered why there was a change in not keeping a consistency between the two projects that sit right next to each other. D. Squires said these were specifications per the engineer’s drawings. S. Holovacs said in the future they should look at this because now they have clay on one side of the street and concrete on the other. He said that concrete doesn’t keep its color and in a couple of years it will be dull compared to the clay pavers in the park, and it looks like a Mickey Mouse operation to him. D. Squires said when he came into the city in September of 2006 these plans were well on their way to being in the pipe line for approval through ODOT, so it was very difficult to make any changes. He said he is aware of Mr. Holovacs’ concerns.

S. Holovacs stated that he received phone calls about the dura patcher being used on Sailorway last week. The residents are complaining about all the loose stone and especially how dangerous it is when they are driving their motorcycles. He thought the city wasn’t doing concrete streets any more with the dura patcher and asked how this would get cleaned up. He said that two of the residents told him that if they get hurt they are coming after the city because it is a liability to them.

D. Squires said he doesn’t want to continue to revisit the dura patcher but the majority of the dura patch work done on concrete streets is in place. He said granted they had a lot of stone but they are doing better and their patches are darker, which means they’re using more emulsion. However, if council insists they don’t do any work on the concrete streets then so be it, but if these streets continue to deteriorate it’s going to cost more and more to get them repaired. He asked everyone to bear with them because the street sweeper has been out for repairs and they will get it back and will be sweeping. He felt they did a good job last year. He cautioned everyone because he did drive Mapleview, Sanford, and Hollyview today and not all the stones; granted a lot of stones are from the dura patcher but 100 percent is not from the dura patcher.

F. Ostrander asked D. Squires what they do with the material from the street sweeper. D. Squires said they take it back to the service center and then can reclaim it to use when they backfill certain areas. F. Ostrander thought in the past it was considered somewhat hazardous and they couldn’t reuse it. D. Squires said this is a false statement because the dura patcher is water based. F. Ostrander said they are not just sucking up stones but all the dust on the roadway. D. Squires said if there was no dura patcher they would still be getting dust.

FINANCE DIRECTOR’S REPORT: No report.

LAW DIRECTOR’S REPORT:

R. J. Budway expected the law director to be present for an Executive Session to discuss zoning matters along with Attorney Smith.

H. Strickler asked the prosecutor to inform council what the process is in enforcing sidewalk repair. She noted that she has received phone calls from residents who have to appear in court. R.J. Budway believed they were supposed to take some type of action with the building department by June 1 rather than coming to court. He said they haven’t cited anybody and these are warning letters that some action needs to be taken. He believed last spring that Mr. Kurtz tried to take action with residents to remedy problems with their sidewalks. He explained that they have not filed charges against anybody with regards to the sidewalk citations. H. Strickler asked if he could provide council with a copy of the letter that is sent to the residents. She said the ordinance does state that if the resident doesn’t repair their sidewalk then the city will come in and do the repairs and assess the homeowner. She asked what has precipitated the change in philosophy to now threaten them with court. R.J. Budway said he isn’t sure why the building department came to them. He thought in the past the building department hasn’t been able to do anything to get the owners to repair their sidewalk, so they decided that perhaps the threat of prosecution would step up their efforts in trying to repair these sidewalks. H. Strickler said it seems that the ordinance is in conflict and if some of the residents can’t afford to get their sidewalks fixed and then to charge them with court costs, then it would be easier for the city to fix them. She understands that the city doesn’t have the money but there are a lot of residents who are distressed by this.

S. Holovacs stated that he has spoke with Bob Kurtz on these issues and they will be working on legislation to revisit the old ordinance and to put teeth into it, and to put some funding in the contracted services so they don’t have to get to the point where they have to send a letter from the prosecutor’s office. He said there were over 600 letters sent over the last three to four years and they are down to about 25 residents that have not complied. He noted that he will be meeting with Bob Kurtz this week to address the current ordinance and then this topic will be discussed in Finance and Legislative next week.

R.J. Budway noted that he won’t file any charges unless Bob Kurtz signs an affidavit to charge people. He said they can keep any prosecutions in abeyance until it goes through the legislature.

F. Ostrander asked if this principle applies to other things or just sidewalks. R.J. Budway said it could apply to pretty much any property maintenance issue. F. Ostrander said he’ll probably get a call that if the city has a property that isn’t up to code then why they aren’t fixing their property. He said the example will be the Wastewater Treatment Plant on W. River Road where the roof and soffit is bad and there are no gutters. He thought the city should be setting a better example.

RESPONSE TO THE AUDIENCE: No response.

OPEN TO THE AUDIENCE:

Frank Loucka of 1059 Riverside Drive indicated his support for quiet zones in the City of Vermilion. He said he would like to sincerely thank Coletta Kubik and the Citizens Committee; Congresswoman Kaptur on her efforts for the residents of Vermilion, and council’s vote for the support of the quiet zones. On a personal note, he stated that the noise from the train whistles is a chronic nuisance for them and their neighbors. He urged city council to forge ahead on this project. In his view it is critical to the long term health and well being of the citizens of Vermilion. He said it appears to them unbalanced that Perry Street would be the street to be closed. It is understood that any street closing would cause disruption of established patterns for some, considering the number of roads that ended when Route 2 came through, and even years earlier when a number of bridges over Vermilion River were vacated, such as Cooper Foster for instance. In conclusion, he urged council to get the ball rolling and the sooner the better will be appreciated.

Thomas Palmer of 1680 Cooper Foster asked council where the city stands on the Gammons lawsuit. He said he spoke with Attorney Smith today who couldn’t say anything but told him to talk to council. F. Ostrander noted that council was going into executive session this evening with the law director to discuss this particular item and council is not in a position to comment on this. T. Palmer asked how the residents are supposed to find out about what is happening and to make sure it’s going the way they want it to go. R.J. Budway stated that he is not working on this project but noted that the parties are being represented by attorneys and believes negotiations are pending. He said as attorney’s they really can’t regularly reveal client confidences and negotiations that don’t technically represent the neighbors T. Palmer asked if he would need to get an attorney involved in this so that they make sure it goes the way they want it to. R.J. Budway said they may perhaps consult an attorney.

M. Rossini asked if there was a gag order on this case. R.J. Budway stated that Attorney Smith and Attorney Zaleski can address the city council with regards to where litigation is at. The deliberations in executive session can’t be discussed.

J. Gabriel stated that no matter what is discussed in executive session, any action of council will be public and the resident’s will be given an opportunity to give any input on anything that is decided. He said action will not be done behind closed doors. He said council can receive information but any action taken will be done in front of the camera.

Marilyn Brill of 1745 Cooper Foster said she too is very concerned about the Gammons lawsuit. She said she has several questions and concerns and will address city council. She asked how many other lawsuits are pending with the city. Next, she would like explained to them what might happen, whether it’s for or against what will happen to the residents who live in this area. She knows that each of them as they serve as council, regardless whether their ward locations are near their location; she hopes they have driven by the property in question. Over the past 11 years this has come to various zoning requests and several of the council seats have changed. She said their Cooper Foster Park community of over 33 homeowners from Baumhart Road to Claus Road feels they are very similar to other communities in Vermilion, such as the Lagoons, Linwood Park, Edison Estates, Shadylake, and Vermilion-on-the-Lake. She said they expect the same rights and privileges of all those other neighborhoods to remain residential. She stated that if council concedes to have these outside demands of a few out of state individuals to rezone a property based on unknown end use results, it will set a precedence for other developers to threaten their city and community with additional lawsuits just to get their way. Any and all development is good for a city when it is proposed for and put in an appropriate zoned area. That comprehensive land use plan that was adopted by city council in 2000 allows for plenty of that commercial growth. It’s all north of Route 2, thus keeping their residential area on Cooper Foster Park a place where great single family homes and good productive farms and gardens will remain. She thanked council for their time and hoped that hearing what John Gabriel said tonight that they will be aware they can be present on that meeting date.

Anne Palmer of 1680 Cooper Foster Park Road was present in support of the Cooper Foster Park residents and to just ask council that a decision not be made without letting them know so that they understand what their options are, and what this all means. She said it has been a little frustrating for all the residents because they feel that everything has been behind closed doors. She understands the rules and the process but they are the ones at the end of the day that are going to feel that impact on whatever the decision is. She asked that they are given some say in that or at least understand what it all means to them.

Kristi Smith of 4678 Hollyview said she was here regarding the roads but will save that until the next committee meeting. She said that she has some road hazard bills from the potholes and wondered how she could get reimbursed for them. F. Ostrander thought she would have to submit them to the mayor’s office. K. Smith asked if anybody in the city that has bills from the roads are able to submit them to the mayor’s office. Mayor Anderson said they can be submitted but it doesn’t mean they will be approved for payment. K. Smith said she lives on Hollyview and knows most of them have tons of bills from their cars.

Mike Haynes of Hollyview stated that he received a letter from the City of Vermilion which was direct in telling him to repair his sidewalks. He said the day he got his letter saying he had to repair his sidewalks by June 1, there were holes in front of his house that you could drop a watermelon in; that’s how deep they were. He said he was pretty ticked when he was reading the letter because his sidewalks aren’t actually that bad. He said he is not sure if the city wants him to replace the sidewalks or bevel them. He said he was ticked when reading this letter and then looking out and seeing all the holes in the street. He said it is unbelievable of all the bouncing they do in this subdivision. He said he has watched other companies do a simple grinding process and overlay it with blacktop. He couldn’t understand why some of the main arteries of Sanford and Sailorway can’t be started first and then work back to Hollyview because it’s really getting bad. F. Ostrander said next Monday they will be discussing a road program and possible street tax.

S. Holovacs told him that he can call the building inspector to see what he needs to do on fixing his sidewalk. He said that B. Kurtz is more than willing to stop to talk to the residents.

OLD BUSINESS:

Culvert Replacements – S. Holovacs stated that council did talk about doing 10 culverts but isn’t saying they can only do 10 this year. He said they should start with 10 and then the administration can come back to council with the numbers to see where they are at. D. Squires stated that in working with G. Fisher they revised Ordinance 2008-27 by changing some language. He said in the ordinance they refer to Chapter 1026.01 (Item H). He asked council how they wanted to move forward as far as the responsibility on the resident. He asked if the resident is going to pay for the culvert pipe and labor, or are they just paying for the materials. He asked council to instruct him with how he should do these 10. B. Brady was surprised that the labor was added to the ordinance because she didn’t remember them voting to make this change. F. Ostrander said he would like to table this ordinance to committee next week so that council can get input from both the law director and the city engineer. He wants to make sure they can legally do this.

D. Squires said in this case the resident would be required to do this work because they are in violation of Chapter 1026.01 which says minimum culvert size will be 12”, so they will look at replacing culverts that are undersized and/or damaged.

H. Strickler felt the resident needs to pay for man hours too and likes the changes in the ordinance. She said with as tight as the city is and they are providing the service then they should pay for the man hours and the materials. F. Ostrander asked if they could discuss this in committee next week. H. Strickler thought it pushed these projects back further. J. Gabriel said he is okay with this ordinance as it makes the homeowner responsible for both the labor and the materials. He said there are going to be costs and the city has a street department that is fairly busy and they will have to do some additional hiring.

B. Brady said one problem she sees is the storm water ordinance states that if you have an existing system the city will pick up 90 percent of the cost. So, not only is the city paying for labor but are also paying for a portion of the pipe. She thought just having the homeowner pay for the material is a compromise both for the city’s expense and to the resident.

F. Ostrander asked the law director to review this for possible conflict with the storm water ordinance.

M. Rossini MOVED; D. Roth seconded to table Ordinance 2008-27. Roll Call Vote 6 YEAS; 1 NAY (Strickler). MOTION CARRIED.

M. Rossini stated that he told everyone that he would be back about the cats. He said they have a problem with cats and he particularly has a problem with Vermilionnews.blog. He said he has never in his life shot a cat with a Tommy gun and has never hunted a cat and to be typified on that dental sheet is beyond all thought. He said he has not had one call defending the cat. He has had many calls about the problems of cats. He said to get rid of the cats from coming into your yard you can put coffee grounds or moth balls down and in the famous words of our lustrous President, “Enough said, Old Fred.”

NEW BUSINESS:

S. Holovacs MOVED; M. Rossini seconded to adjourn into executive session to discussing pending litigation. Roll Call Vote 7 YEAS. MOTION CARRIED.

S. Holovacs MOVED; H. Strickler seconded to amend Ordinance 2008-31. Roll Call Vote 7 YEAS. MOTION CARRIED.

S. Holovacs MOVED; J. Gabriel seconded to table Ordinance 2008-28 until the law director and city engineer review this ordinance. D. Squires said he would like the ordinance passed by May 15. It was noted that the next council meeting is May 19. Roll Call Vote 7 YEAS. MOTION CARRIED.

H. Strickler MOVED; M. Rossini seconded to table the third reading of Ordinance 2008-29. Roll Call Vote 7 YEAS. MOTION CARRIED.

B. Brady MOVED; M. Rossini seconded to appoint Bill Kubik to the Vermilion Civil Commission. Discussion: J. Gabriel stated that he served with Bill on Planning Commission and he is a good guy, and he doesn’t want him to see this as personal. He said he knows that Bill is very close with the administration and feels the Civil Service Board has some oversight to it which would be the only reason he would not vote for him. He said if it was any other board or circumstance then absolutely.

Mayor Anderson thought it was unfair to label Bill Kubik as being really close to the administration. She said the Kubik’s have been involved in all activities throughout the city and has only met them through their work and their activities. She stated that the Civil Service Commission has three appointments on it; one of which she didn’t make and one that she did make which is past Mayor Jack Armstrong. She said she had never really met him prior to him stepping forward and volunteering to help in some capacity. She said she is not looking for people that will take direction from her. She stated that she has not demonstrated that in any of her committee appointments and she doesn’t look for it in this recommendation. She has looked for individuals who have had past experience and are bringing something to the position in which they are serving. She said to consider him as being a friend to her more so then anyone else in the city is really false and very unfair. Roll Call Vote 4 NAYS (Gabriel, Holovacs, Strickler, Ostrander; 3 YEAS (Brady, Roth, Rossini). MOTION FAILED.

S. Holovacs MOVED; H. Strickler seconded to add Ordinance 2008-37 to the agenda for a first reading. Roll Call Vote 7 YEAS. MOTION CARRIED.

F. Ostrander stated that he was totally unimpressed with the work he has seen by the dura patcher machine, and what was done on Sailorway was the last straw. He didn’t think the dura patcher should be used on a concrete street. He said the township doesn’t use it on concrete streets or in an area where there are curbs or any type of drainage system. He said he asked the clerk to prepare sample legislation to direct the discontinuation of the dura patcher on concrete streets and any curbed streets with drainage systems in the City of Vermilion which is deemed to be in the best interests of the citizen’s health and safety. He said that he received phone calls within a couple of hours when Sailorway was done and there is gravel all over the street, and the gravel isn’t cleaned up from last year. He didn’t think they should do it anymore and felt that hot patch or cold patch on concrete streets should be used. He entertained a motion to add this ordinance to the agenda for a first reading.

S. Holovacs MOVED; J. Gabriel seconded to add Ordinance 2008-38 to the agenda for a first reading. Discussion: H. Strickler asked if this ordinance would be sent to legislative. F. Ostrander said they could do this. H. Strickler said she would like it to be sent to committee since she just saw it for the first time. B. Brady said she would like to add an exclusion or inclusion that unless a council person requests the dura patcher in his or her ward on concrete streets then they can take the heat. F. Ostrander asked her to bring this up in committee. Roll Call Vote 7 YEAS. MOTION CARRIED.

D. Squires said he appreciates Fred’s concerns but he has yet to get his point responded. He said council needs to look at the patches they did that are still there versus the cold patch they did on concrete streets. He said that no one has responded to him on this and he had told them to go out and look at these patches. F. Ostrander said they should start right in front of the Valley View pool. D. Squires told him to look at last year’s patches. He stated that he didn’t say they all stayed in place. He thought he said about 80 percent of them did. He said he didn’t want to bring residents to the meeting to lobby for the dura patcher. He feels it speaks for itself once the stones are cleaned up.

READING OF THE ORDINANCES:

First Reading – Ordinance 2008-38: AN ORDINANCE DIRECTING THE DISCONTINUATION OF THE DURA PATCHER ON CONCRETE STREETS AND ANY CURBED STREETS WITH DRAINAGE SYSTEMS IN THE CITY OF VERMILION AND DECLARING AN EMERGENCY. (Referred to May 12 Legislative Meeting)

Third Reading – Ordinance 2008-25: AN ORDINANCE AMENDING ORDINANCE 2006-79 ADOPTED JANUARY 22, 2007 AND ORDINANCE 2007-49 ADOPTED AUGUST 6, 2007 OF CHAPTER 1460 OF THE CODIFIED ORDINANCES OF THE CITY OF VERMILION ENTITLED “FLOOD DAMAGE REDUCTION” AND DECLARING AN EMERGENCY.

H. Strickler MOVED; B. Brady seconded to adopt this ordinance by emergency. Roll Call Vote 7 YEAS. MOTION CARRIED.

Second Reading – Ordinance 2008-31: AN ORDINANCE ESTABLISHING A PAY SCHEDULE FOR THE CIVILIAN WATER CRAFT OPERATORS OF THE CITY OF VERMILION, OHIO AND DECLARING AN EMERGENCY.

S. Holovacs MOVED; J. Gabriel seconded to suspend the rules. Roll Call Vote 7 YEAS. MOTION CARRIED.

B. Brady MOVED; H. Strickler seconded to adopt this ordinance as amended. Roll Call Vote 7 YEAS. MOTION CARRIED.

Second Reading – Ordinance 2008-34: AN ORDINANCE AMENDING ORDINANCE 2008-17 ADOPTED MARCH 24, 2008 TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF VERMILION, OHIO FOR THE FISCAL YEAR ENDING DECEMBER 31, 2008 AND DECLARING AN EMERGENCY. (Labor Negotiator)

Second Reading – Ordinance 2008-35: AN ORDINANCE AMENDING ORDINANCE 2008-17 ADOPTED MARCH 24, 2008 TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF VERMILION, OHIO FOR THE FISCAL YEAR ENDING DECEMBER 31, 2008 AND DECLARING AN EMERGENCY. (Street Department Equipment Operator)

G. Fisher reminded council that they were waiting for the finance director to tell council if Albert Adkins had any available sick time. W. Hamilton stated that he is using sick time. S. Holovacs asked if he has six to eight weeks of sick time coming. W. Hamilton said he didn’t look that far ahead but knows he is on sick time now. S. Holovacs said this is the information he wanted to know because it changes the numbers if he isn’t using it and then they will know the balance of time they can take off of this ordinance because then there would be money in the fund to pay for this part time individual. W. Hamilton asked Steve if he knew if the surgery would be seven weeks. S. Holovacs said this wasn’t his question. He just wanted to know how much sick time this individual has left. W. Hamilton said he would check into this. S. Holovacs said he asked for information a week ago and didn’t get it and he isn’t voting no because of the one individual they are hiring part time, but because he didn’t get the information. He said if council wanted to vote for half the amount and settle it later then he would vote yes.

H. Strickler MOVED; B. Brady seconded to suspend the rules. Roll Call Vote 6 YEAS; 1 NAY (Holovacs). MOTION CARRIED.

H. Strickler MOVED; B. Brady seconded to adopt this ordinance by emergency. Roll Call Vote 6 YEAS; 1 NAY (Holovacs). MOTION CARRIED.

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). (Referred to the May 12 Legislative Committee)

F. Ostrander said they still haven’t received an answer on this from the law director. He said they asked the law director to tell council if this was a $40,000 claim if it would be covered under insurance.

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. (Referred to the May 12 Legislative meeting)

Third 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. (Referred to the May 12 Legislative meeting)

Third Reading – Ordinance 2008-27: AN ORDINANCE AMENDING ORDINANCE 2007-56 ADOPTED AUGUST 20, 2007, CHAPTER 1026.01 OF THE CODIFIED ORDINANCES OF THE CITY OF VERMILION, OHIO ENTITLED “PERMITS REQUIRED; APPROVAL; CONSTRUCTION REQUIREMENTS; FEES; DEPOSITS” AND DECLARING AN EMERGENCY.

Third Reading – Ordinance 2008-28: AN ORDINANCE ENACTING CHAPTER 1042.10 OF CHAPTER 1042 SEWERS GENERALLY OF THE CODIFIED ORDINANCES OF THE CITY OF VERMILION, OHIO ENTITLED “PRIVATE SANITARY SEWER LATERAL CONNECTIONS” AND DECLARING AN EMERGENCY.

Third Reading – Ordinance 2008-29: AN ORDINANCE PROVIDING CONSENT FOR THE PERMANENT CLOSURE OF VEHICULAR TRAFFIC OF THE PUBLIC GRADE CROSSING OF PERRY STREET.

ANNOUNCEMENT OF MEETING DATES:

Monday, May 12, 2008 – Health & Safety; Legislative; Finance Committee Meetings – 7:00 p.m.

Monday, May 19, 2008 – Vermilion City Council; Utilities; Streets, Buildings & Grounds Committee Meetings – 7:00 p.m.

Monday, May 26, 2008 – Memorial Day – City Offices Closed

Executive Session:

The members of council adjourned into executive session to discuss pending litigation. F. Ostrander reconvened the meeting for the purpose of reading Ordinance 2008-37:

First Reading – Ordinance 2008-37: AN ORDINANCE AMENDING ORDINANCE 2008-6 ADOPTED JANUARY 22, 2008 BY ESTABLISHING COMPENSATION OF CERTAIN AUTHORIZED POSITIONS WITHIN THE VERMILION DEPARTMENT OF PARKS AND RECREATION AND DECLARING AN EMERGENCY.

J. Gabriel MOVED; H. Strickler seconded to suspend the rules. Roll Cal Vote 7 YEAS. MOTION CARRIED.

S. Holovacs MOVED; H. Strickler seconded to adopt this ordinance by emergency. Roll Call Vote 7 YEAS. MOTION CARRIED.

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. Minutes are verbatim.

5/8/08

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