05/01/2001 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 5/1/2001 met the standards required in Ordinance 2001-46. Contractors are required to disclose ' the required information and will not be considered as a responsible bidder if they fail to provide the requested information or if the information provided "demonstrates a lack of responsibility." Compliance is determined by the administration at their discretion. The Service Director and the Mayor questioned and objected to certain portions of the ordinance. They felt that it is redundant since the city has requirements of bidders at the present time; and, once the administration presents a resolution to Council requesting approval of a bidder and a contract, that would make this legislation redundant. She explained to Mr. Bohlmann that the redundancy would mean that it is duplicative, and that this ordinance would only be redundant if another ordinance existed which was identical to it. Mr. Bohlmann claimed that certain requirements are akeady made of bidders and produced a list of requirements that were distributed to bidders on a recent city project. However, having a list that is formally presented to bidders does not have the force of law that this legislation has, and it does not make this ordinance redundant since the ordinance includes standards in excess of those presently required by the city and policies and procedures for enforcing those standards. Further, this ordinance goes far beyond the present informal requirements. Finally, and most importantly, it was established at the meeting that the informal list produced by the administration, which was presented to bidders and produced just two weeks ago (prior to the meeting), was based on standards required in the ordinance, thus giving credence to the necessity for the legislation. The Mayor further questioned whether a bidder would be qualified if he possesses an OSHA violation or whether the city would have to set a test or standard for evaluating or weighing certain violations. It was determined that it is within the city's discretion to disqualify or not to disqualify any bidders who do not meet the standards presented in the ordinance, a procedure not unlike other legislation that provides certain discretion for city protection. Mr. O'Grady, who was unable to attend the meeting, sent a message to the committee that he objected to the ordinance to the extent that it limits the administration's ability to perform their job. Mrs. Kasler countered that the ordinance in fact does quite the opposite by protecting the city, providing standards that the administration can legally require when bidding out projects, and then allowing the city the discretion to examine the contractors' disclosures and evaluate each bidder based on their submissions. Compliance is evaluated by the administration. After further committee discussion, Mr. Miller reiterated that the ordinance puts force behind requirements and, in turn, the requirements submitted at the meeting by the administration gave credence to the necessity for the ordinance. The Legislative Committee unanimously recommended approval. Councilman O'Grady, chairperson of the Public Safety, Health & Welfare Committee: 1) The committee met on April 23. Present were committee chairperson O'Grady and members Limpert and Kasler; Council members Saringer, Dailey, Miller, Nashar and McKay; Service Director Bohlmann, Safety Director Jenkins and residents. Agenda items were as follows: • Ordinance 2001-55, which would amend the Traffic Control File of the City of North Olmsted by relocating and modifying the language on two "No Parking, Stopping or Standing"signs located on the south side of Sweetbriar Drive between the 26821 and 3