03/19/2002 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 3/19/Q2 Control actions are legal or not. Law Director Dubellco said he and the former Law Director both agree that it is consistent with the Charter. He has given the opinion that there are some gray areas. Having been in municipal law for 20 years, he knows that courts have a duty to attempt to reconcile charters with ordinances. All other things being equal, courts are going to defer to legislative judgments and are going to look at perhaps there being no co~lict. Mr. Burns replied that the intetrt of Council then trumps the intent of the voters. Law Director Dubelko answered no. Janet Beringer, 23336 Stoneybroak Drive, noted that the question of the timetable of Clague Road had been brought up earlier. She would like to know the deadline for completion of the intersection widening. Service Duectai- Thomas replied that, weather permitting and everything running smoothly, it should be completed sometime in early November. On another matter, Service Director Thomas sand he is inve~igating the size of the no right turn on red signs as that issue had been brought up at a previous meeting. Traffic Engineer Griffith has informed him that some of the problem was due to poor lighting on the signs. He plans to address this issue with CEI. Dennis Lambert, 25057 Carey Lane, suggested that the NOMBL provide a circulator bus, at a nominal fee, for students who will now be walking to and from school. LEGISLATION Ordinance No. 2001-131 introduced by Councilman Limpert was given its third reading. An ordinance amending Section 1363.07 of Chapter 1363 of the Real Property Maintenance Code, entitled "Duties and Responsibilities of Owners and Operators" so as to require the removal and replacement of fences on commercial property abutting residential property which have fallen into a state of disrepair such as would require repair or replacement of more than fifty percem (50'0) of the fence, and declaring an emergency, as amended. Councilman Limpert moved for adoption. The motion was seconded by Councilman Gateau and passel unanimously. Ordinance No. 2041-131 adopted. Ordinance No. 2002-12 introduced by Councilman Gateau on behalf of Councilman Miller, Councilwoman Kesler and Councilman Nashar was given its third reading. An ordinance repealing Ordinance 97-122 entitled "An ordinance creating a new Chapter 133 of the Administrative Code of the City of North Olmsted, entitled `Interim Director Appoiirtmeirts,' an declaring an emergency," and declaring an emergency as twice amended. Councilman Gateau moved for adoption; second by Councilman Miller. Roll call: Gateau, yes; Miller, yes; McKay, yes; Limpert, no; Dailey, na, commenting that he is against rescinding Ordinance 2002-12 for a myriad of reasons. One of the strongest reasons is because it will weaken the powers a mayor has to run and manage the administration on a daily basis. In addition, by removing this ordinance there will no Ionger be any provision for a mayor who assumes a vacant office, be it by resignation or death, to make any interim appointmecrts. The motion failed with three yeas and two nays. 12