06/20/2006 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 6/20/2006 • Ordinance 2006-128, an ordinance creating new Section 763.02 of Chapter 763 (Retail Business Regulations) of the Business Regulation Code in order to control noise and odor emanating from vehicle repair establishments located near residential neighborhoods. All vehicle repair establishments within 5~ linear feet of any residential lot line must make all repairs and/or conduct painting of vehicles within an enclosed building. All external doors to the repair shop shall remain closed while repairs or painting are conducted. This includes all man doors and overhead bay doors, except when individuals or vehicles are entering or exiting the shop. Hopefully, this will maintain most of the noise and odors within the workplace building. Mr. Gareau, sponsor of the legislation, is very interested in trying to mitigate the problems which have recently surfaced at a particular location. Several Council members voted to approve the painting. of automobiles at this location, after expert testimony from the manufacturer and several experts in the field. Currently, new filters and doors have been ordered to replace the existing equipment. All of Council hopes this will solve the current problem. A lengthy discussion ensues. Mr. Miller stated that, since we required a to-be- constructed car wash to have overhead doors and keep them closed to limit sound and noise to nearby residents, it only makes sense to request the same from automotive repair/paint shops. Mr. Barker questioned who would enforce this ordinance. Mr. Gareau suggested the Police Dept. Mr. Ryan, as a former City Prosecutor, gave more clarification on the subject and reiterated that the Police Dept. should be the enforcement department, but this is up to the administration. Mr. Tallon questioned, if the equipment is not operating properly, is it possible to have the Building Dept. look into the installation of the paint booth equipment and/or the ventilation system? Mr. Burns, the Chamber of Commerce representative, felt that, since this may be an isolated instance, it may be an engineering or construction problem. He also asked if the Fire Dept. could look at the problem from the hazardous materials aspect. The Mayor spoke on the investigation of city home rule power, in relation to the enforcement of legislation regarding this problem. Melissa Meredith, a nearby neighbor to the problem location, was interested in the legislation but felt a more comprehensive odor ordinance would be more effective. Mr. Gareau stag that this was only the first step in seeking to protect the residential neighbors. The committee voted unanimously to hold Ordinance 2006-128 in committee pending fi~rther investigation and research on offensive odors and noise at automotive repair shops. (Mayor O'Grady asked Councilman Orlowski to accept a friendly amendment. He does not believe there was discussion regarding home rule but rather a discussion of federal authority versus state or municipal authority.) • Resolution 2006-131, a resolution authorizing the Mayor to enter into a contract with Maxim Health Systems, LLC, for the administration of influenza and pneumonia vaccines at the North Olmsted Senior Center. Finance Director Copfer stated that there is no cost to the city for this program. The individuals being inoculated pay for the injections through Medicare, private insurance coverage or out-of-pocket cost. The previous year's cost. for the influenza shot was $18. Due to the reduced number of companies producing vaccines, Lawsuits and loss of product due to contamination prior to marketing of the vaccines, the 12