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11/20/2007 Meeting Minutes
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North Olmsted Legislation
Legislation Date
11/20/2007
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2007
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Council Minutes of 11/20/2007 <br />so that everybody who is bidding on a project knows it is a PLA project or not. Council <br />is losing absolutely nothing. We are enhancing the Mayor's position in this so that he <br />can go ahead and get the ball rolling so that everybody knows where they are on these <br />projects. Councilman Gareau asked how does Council respond to the suggestion from <br />the Mayor that perhaps the power Council has offered to give him through this legislation <br />is not power he thinks is wise? Councilman Tallon said he did not believe the Mayor <br />said that. Councilman Gareau clarified that the Mayor had said the ceiling was $500,000, <br />and it was dropped to $100,000. Mayor O'Grady asked to be recognized and said he <br />firmly believed PLA's have value. He believes that they protect you against a work <br />interruption if there's a labor stoppage due to a strike. He believes they assure you of <br />high quality work. He favors PLA's where they make sense. Where they make sense is <br />on major construction projects, and major construction projects are not $100,000. As <br />stated earlier, he thinks the change was unwise. If this had gone back to committee, <br />Council should be looking at that again. He thinks the amount should have stayed at the <br />half million dollar mark which makes sense to him as the chief executive of the city. <br />President Kennedy called for the end of discussion and asked Mr. Ryan to restate his <br />motion. Councilman Ryan said it was a motion to pass the legislation. The motion was <br />seconded by Councilman Tallon. Roll call: Ryan, yes; Tallon, yes; Gareau, no with <br />comment. "Tonight I vote no on 2007-96, as amended. The following are my thoughts <br />and explanation as to why. As some of you recall, this issue was addressed last in the <br />year 2000. At that time, the legislation proposed mandatory PLA's for every project in <br />the City of North Olmsted. At some point in the process, it was adjusted for a dollar <br />amount. After much discussion and debate, the matter was tabled by a vote of 4-3. After <br />1999-54 was tabled, the city did a prudent thing, I think, to ensure that contractors in the <br />city were of a quality acceptable to our taxpayers. We enacted what is now known <br />mandatory minimum contracting standards relating to bidder responsibility. While quite <br />a mouthful, the fact is that this legislation which Council supported was used to set forth <br />specific disclosure requirements in order to address the quality of workmanship concerns <br />that were brought about during the entire PLA debate. The ordinance, now known as <br />111.02 is pervasive and it is extremely intensive in what it seeks from persons who would <br />seek to bid on public works projects. In addition to the 111.02, the Mayor continued to <br />possess the inherent right to negotiate a PLA for any project in the entire city. Indeed, as <br />l mentioned a moment ago, the Mayor decided against one, predecessor decided against <br />one for the library, but for the fire station we had a PLA, which with the Mayor's <br />explanation and request was approved unanimously as I recall. Until 2007-96 was <br />introduced, I was unaware that we were experiencing any need for a change. I had never <br />heard a concern mentioned as to the minimum contractor standards. Not a word was <br />mentioned about PLA's. In fact, after the much debated Labor Day parade and festivities <br />at the park, I assumed, incorrectly I suspect, that all was well in North Olmsted and labor <br />peace had been achieved. However, it appears from the legislative request for this <br />legislation, that we've actually gone back to the year 2000. I noted that the original <br />legislative request actually didn't have a dollar amount limit in it. I suspect, with its <br />reference to 1999-54, that in fact it may have been intended to go to PLA's for every <br />public works projects. After a series of committee meetings on this legislation, the <br />current legislation was referred out of committee with a $500,000 floor, as written by the <br />Law Department. One member of Council, a sponsor, said he thought it should be zero. <br />12 <br />~~,_ ~ -~ <br />
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