09/18/2007 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 9/18/2007 back two garage doors were open. Mayor O'Grady said the city has been diligent, and has monitored the complaints that have come in and when they come in since the beginning. A lot of people have looked at it. Certainly the Building Department, the Safety Director, and himself. There are trends. The city will continue to do the homework to find out where this problem is coming from. We have to eliminate some of the supposed causes before we move on to other things. Getting the final results of this testing will do that for us. Mrs. Covell noted there is also an issue of light and sound. For the residents who live close to the facility, the sound of the fans is loud at times. Councilman Miller asked the Law Director about the status of the nuisance control ordinance. Law Director Dubelko said it can be taken back into committee. 2) Rita Vine, 26601 Leenders Lane, asked Councilman Gareau for an update on a piece of legislation he had spoken about to her husband which would have a positive impact on this problem. (Suburban Auto) Councilman Gareau said that was the legislation referred to by Councilman Miller which will be taken back into committee. There actually was another piece of legislation about a year ago requiring the bay doors be shut when in operation. That was the first step, but there was a lot of concern about the scope of trying to address the particular problem of Suburban and throwing too wide a net, in effect having an impact on any one of a number of enterprises throughout North Olmsted. We backed away from that approach and moved into a nuisance odor approach wherein people would use devices to detect odors. That approach was thought to be almost unwieldy and difficult to prosecute. The third approach went back to what he thought in the beginning might be a good approach, and that was to simply use a reasonable person standard. To go back and suggest would the odor be of such a nature that it would be offensive to the person of ordinary and reasonable sensibilities. That revised version is what will be taken back into committee. Mrs. Vine thanked Councilman Gareau and commented further that she suspected if the residents had a lawyer working for them as the Suburban Auto owner, things would be different. The impact to Council could be different. It's a shame they feel that way. She personally feels that nothing is going to be done until they do retain a lawyer. Recently, the head of the federal EPA found that their initial assurances of safety at ground zero on 9/11 appear to be unfounded and have presented some severe health problems to those people who were exposed. She asked Council to please take note of that. They have experienced this odor for two years, which is a long time. They are really very tired of this. They are very, very disappointed from those who let them down initially and have not done anything to correct this problem for two years. LEGISLATION Resolution No. 2007-80 introduced by Mayor O'Grady was given its third reading. A resolution adopting the alternative tax budget of the City of North Olmsted for the fiscal year beginning January 1, 2008, and submitting the same to the County Auditor, and declaring an emergency. Councilman Tallon moved for adoption. The motion was seconded by Councilman Miller and passed unanimously. Resolution No. 200?-80 adopted. 8