12/18/2007 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 12/18/2007 Tallon, yes; Barker, yes; Ryan, no; Orlowski, yes. The motion passed with five yes votes and one no vote. Councilman Gareau moved for adoption, and the motion was seconded by Council Member Jones. Roll call: Gareau, yes; Jones, yes, with comment. This particular legislation is not about any particular entity or utility, and it does not seek to prevent any new technology from coming into our city. It's in the city's best interests to have a comprehensive right-of--way policy and to be able to properly manage our right- of-way. Roll call continued: Ryan, no; Orlowski, yes; Barker, yes; Tallon, yes. The motion passed with five yes votes and one no vote. Ordinance No. 2007-124 adopted. Ordinance No. 2007-133 introduced by Councilman Gareau on behalf of himself and Council Member Dailey Jones was given its second reading. An ordinance amending Sections 901.04 and 901.05 of Chapter 901 (Excavations) of the Streets, Utilities and Public Services Code, respectively entitled "Contractor To Make Street Repairs; Failure To Comply" and "Deduction And Refund" in order to regulate right-of--way excavation deposits and restoration by private contractors not affiliated with public utilities or communication companies and declaring an emergency as amended. Councilman Gareau moved for suspension of the rule requiring three readings noting the legislation had been reviewed in committee. The motion was seconded by Council Member Dailey Jones and passed unanimously. Council Member Dailey Jones moved for adoption. The motion was seconded by Council Member Gareau and passed unanimously. Ordinance No. 2007-133 adopted. Ordinance No. 2007-139 introduced by Mayor O'Grady was given its second reading. An ordinance establishing rates of compensation for various administrative and legislative personnel for the year 2008, and declaring an emergency as amended. Councilman Tallon moved for suspension of the rule requiring three readings noting the legislation had been heard in committee. The motion was seconded by Councilman Barker. Roll call: Tallon, yes; Barker, yes; Gareau, yes; Jones, yes; Orlowski, yes; Ryan, no. The motion passed with five yes votes and one no vote. Councilman Tallon moved for adoption. The motion was seconded by Councilman Barker. Roll call: Tallon, yes; Barker, yes; Ryan, no; Orlowski, no; Jones, yes; Gareau, yes. (At this point, there was confusion as to whether the legislation passed.) Finance Director Copfer explained this is for the first pay of 2008. If it does not pass by a super majority, there will be no pay for the first pay of 2008. Law Director Dubelko said that it does pass with a majority of four votes but without emergency, so it wouldn't go into effect for 30 days. Councilman Ryan said he would reverse his vote with comment that Council had been blindsided on this last year. They were told two months after this was done last year that they couldn't make certain changes in the budget. But he is not going to punish anyone in the city not to get paid. He respects Mr. Orlowski, and is firmly with him. But he is not going to punish people in the City of North Olmsted not to get paid. So, he will vote for it. President Kennedy announced the vote as five to one for passage on the motion to adopt. Ordinance No. 2007-139 adopted. Ordinance No. 2007-140 introduced by Mayor O'Grady was given its second reading. An ordinance to make and transfer appropriations for current expenses and other expenditures for the City of North Olmsted for the year ending December 31, 2007, as 13