06/05/2012 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 06-OS-12 _ The Environmental Control Committee met Tuesday, May 22, 2012 at 7:18 p.m. Present were committee members Schumann, Barker and Brossard; Council President Limpert; ~"~` Council members Kearney, Mahoney, Orlowski and Williamson; and Safety/Service Director Thomas. • Discussed was Ordinance 2012-46 which is a Resolution authorizing the Director of Public Service to solicit bids for the collection and disposal of solid waste and recyclable materials; and further authorizing the Mayor, upon approval of the Board of Control, to enter into a contract with the lowest and best bidder, and declaring an emergency. The committee voted 3-0 to recommend approval of Ordinance 2012-46 with suspension. AUDIENCE PARTICIPATION Dennis Lambert, 25057 Carey Lane asked Mayor Kennedy if he has officially notified the City of Rocky River that North Olmsted is withdrawing from Rocky River Municipal Court. Mayor Kennedy informed Lambert that North Olmsted is not withdrawing, just starting a Mayors Court. Jim Burns, 28938 Lorain Road commented on Ordinance 2012-42. He recommended that this legislation be put back and held in committee for the reason that something can occur that is totally out of control of the business that has the permit, and when a bypass is used to prevent loss of life, personal injury or severe property damage. This section narrowly defines the exceptions that are going to be allowed. By having this section in the Code, these defenses can be used administratively without having to go through a court process and if it is removed the court can say the City does not recognize these defenses because it was there and they took it out. In the Whereas, it says the Ohio EPA recommended the amendments. He contacted the Ohio EPA and nobody will confirm that this was recommended or provide documentation that they even asked for this. According to the request he made with the Clerk of Council, and he received a response from the City Engineer, this was a phone call. Burns requested a transcript of the telephone call and written confirmation of this request to make this amendment, and the EPA does not have it and won't give it. Burns requested that this legislation be held until the EPA does comply and provides written communication. He referred to the section called show cause hearing. If this section is removed, show cause can include many other things besides the two aforementioned situations. With the way it is currently written, it can be construed as perhaps the only two situations that can justify the bypass. Gareau asked Burns if he contact Brian Blum at the Waste Water Treatment Plant and Burns replied that he did not, and his contact was with the City Engineer. Gareau recommended that Burns contact Brian Blum because Blum would more than likely have the information he is looking for. Mahoney stated he is in favor of the Ordinance. It enhances the ability of the City to enforce safety laws and would act as a deterrent to trash/toxic waste haulers, etc. Mahoney clarified that Burns is seeking documentation that would justify or warrant the Ordinance. He does not see the connection between that request and holding up the legislation and placing it back into committee. Burns repeated what he said about the Whereas clause, and perhaps someone should have directed him to speak to the right person. Mayor Kennedy asked Burns who led him to the wrong person, 3