03/19/2002 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 3/19/02 providing chances for our kids to interact with the elected officials at all levels of governmern. Everyone is welcome to attend. Ann Whitney, 4540 Carsten Lane, is thrilled that the light at DriscolUCottonwood/Dover is on the agenda, but is sad because there have been several accidents there since the approval for the light was passed last fall. She is concerned that the extra traffic at Pine School will be a safety hazard for the children and motorists since there is only one entrance to her subdivision. Why does it take 17 weeks for the light to be installed? Mayor Musial said the light will require extensive engineering for the overhanging poles to be engineered and constructed. Also, the other aspect is that there has to be an input to the computerization of the timing of that light in conjunction with the other systems in the city. All this cannot be done overnight. However, the issue of putting an auxiliary police officer there to direct traffic should be considered and should be discussed at the committee meeting. Councilman Limpert suggested that the Service Director look into the possibility of putting in a temporary light. Jim Burns, 3978 Dover Center, said that one item that has been discussed regarding the interim director issue, but possibly has not been made part of the public record at a Council meeting, is the argument that the Charter specifically states that the directors who are created by the Charter cannot be fired without two-thuds consem of Cou~il. Ordinance 97-122, when it was passed back in 1998 over the veto of the previous Mayor, in this view is invalid because it conttradicts the wishes of the Charter which represents the wishes of the voters of the City of North Olmsted. Therefore, Ordinance 2002-12, whether it's passed or net, is a moot point because it really isn't necessary. There is some validity, stated by Council to this argument in that Council is seeking to amend the Charter because there is a conflict. He is not sure whether the amendments to Ordinance 2002-12 address the is~e as he understood it to take the directors as they are today and make them exempt from Ordinance 2002-12. His argument is with 2002-12 being moot and Ordinance 97-122 being invalid, those directors are covered by the Charter and could not be replaced without two-thirds vote of Council. Councilman Gar-eau said Mr. Burns' explanation pretty clearly sets forth the issues, which can be confusing. There is the issue of whether or not Council needs to repeal something that in and of itself at its inception may be questionably valid. Often, lawyers and courts make those decisions. He thought it best to address the issue before it gets to that point. With respect to the interim directors, it is true they were exempted out. He is hoping that we do riot have an issue that comes up with respect to these directors. But, if so, that may be something for someone else to decide. On the issue of Ordinance 2002-44, Mr. Burns noted that there have been immense concerns about traffic in the Sweetbrier Drive area. ff no left turns into the driveway at Pine School are prohibited, that is where the traffic will go. Mayor Musial said it was his understanding in municipal law, if you have a Charter that is silent on a particular subject (and our Charter is silent with regard to interim directors), that means there is an avenue for Council to legislate that subject which is not covered in the Charter. Mr. Burns said that would bring up other issues, which he brought up before the committee, in that, if these people aren't dirvctcsrs and they're interim directors, then there are issues involving whether they should be paid or not and whether Board of 11