12/07/1999 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 12/7/1999 Resolution No. 99-149 introduced by Mr. McKay was given its third reading. A resolution authorizing the Director of Public Service to advertise for and accept bids for laboratory analytical services to support the Wastewater Treatment Plant, as detailed in the specifications on file, and authorizing the Mayor to contract for same, and declaring an emergency. Mr. McKay moved for adoption; second by Mr. Nashar; motion passed unanimously. Resolution No. 99-149 adopted. Ordinance No. 99-151 introduced by Mayor Musial. An ordinance authorizing the Mayor of the City of North Olmsted to enter into a ten year advertising and exclusivity agreement with Cleveland Coca-Cola Bottling Co., Inc. Mrs. Kasler moved to suspend the rules requiring three readings. (Mrs. Kasler was informed that the ordinance had not been officially amended, and that would have to be done first. Mrs. Kasler asked Law Director Gareau if that was the correct procedure and he said it was. Mrs. Kasler apologized and proceeded to amend the legislation.) Mrs. Kasler moved to amend Ordinance No. 99-151 as follows: to remove Section 2 of the agreement, removing $25,000 from the contract and any reference to the skateboard park donation. Law Director Gareau suggested that, once removed, that the additional paragraphs be renumbered. The motion was seconded by Mr. Gareau. Roll call: Kasler, yes, with comment. "My comment is that simply removing the skateboard park donation from the agreement that was negotiated between the city and Coca-Cola does not remedy the concerns that I had over the flaws that I saw in that negotiation process. Instead, it's my strong feeling that the negotiations with Coca-Cola should have included revenue distribution to the General Fund items only, items for which the city is responsible and for which Council is obligated to locate an appropriate approved funding in exchange for this, what I consider, a generous 10-year agreement of exclusivity. In short, it would have been my preference that the total figure of approximately $296,000 over 10 years benefit the entire city through the General Fund in a contract which should address the funding obligations of the city as opposed to the funding of a special project. Furthermore, an issue that I brought up in the committee meeting on this subject was that, when an organization such as Hot Stove, for example, donates $40,000 to the city for building and maintaining baseball fields and items that are generally, aren't obligations of the General Fund, it concerns me that we're willing to use General Fund revenue that could have potentially been derived for, from the Coca-Cola contract and divert it to a project that was to be funded by private rather than public funds. The flaws in the negotiation have not been resolved in my mind; however, in an attempt to exercise some wisdom and realizing that they may not ever be resolved and that we can't go backwards, and in order to salvage in the best way possible and preserve the contract and the revenues that it will produce, I proposed a motion in committee to remove the donation from the contract. Simply remove it and have it addressed in another manner, as other donations have been, for the park. I have to add that I hope to never be confronted with such a question again, and hope that an effort will be made to negotiate henceforth by the administration in a clear-cut, fair manner which leaves no such questions open and is totally above reproach so Council doesn't have to exercise, go through the exercise that sometimes appears to be futility that we had to with this particular situation. Thank you, Madam President." Roll call continued: Gareau, yes, with comment, "Madam President. There's an old saying in law that one man cannot serve two masters. It's a saying that's 12 i ~