09/03/1974 Meeting Minutes - Laserfiche WebLink

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~~,. MINUTES OF THE MBETING OF THE COUNCIL OF THB CITY OF NORTH OLk~TED SEPTEMBER 3, 1974 Present: President Francis J. O'Neill, Councilmen Giesaer, Goggin, Limpert, Beringer, Sharpe, West, Wilamosky. Also present: Mayor Ralph Christman, Law Director Michael Gareau, Finance Director William Gerlach, Service Director Henry Caster, Safety Director Raymond Carnahan, City Engineer J. Howard Childs, Clerk of Council Nora Hill. Meeting was called to order by President O'Neill at 8:00 P.M. Minutes of Council Meeting of Juiy 16, 1974, were approved as read. Mayor Christman reported following: 1} two more names far Advisory Board for Department of Human Resources and tere~s for all meetbsrs -which era st red terms. Two additional names are: Mr. Charles Miner far a two pear term and Rrverand mark Collier far a one gear term. Those previously named are: Mrs. Dorotfiy Gail for a five year term; Mr. Tony Hart for a five year term; Mr/ Paul Wise far a five year term and Mr. Art Boesaneck for a four year term. 2) re Ord. No. 74-112 -wondered if same could be placed back into Coeeeittes for some of the wording. in the "whereas" explanatory portion of ordinance it is stated it has been repealed by Council action before end we had nothing on junk cars on the books. Mayor feels we have. Ord. No. 74-112 reads we repealed the General Offenses Code in 1973, which repeal includes provisions of the Genezal Offenses Cods resulating littering and the deposit of garbage, rubbish, junk automobiles and like items. Mayer stated the Code that was adopted specifically mentions that those items were not included in that Cods; therefore, does net feel we have repealed that section. There is added information in Ord. No. 74-112 which he feels is useful on semi trailers; but feels we have ~ ordisu~ce an the rest of it that is in effect nav. The ordinance adapting the Model General Offet~ar Cods states repealing sections inconsistent. with the Model Code. The Model Cods s-~ete~d it did not change that portion with the exception of unvanted heaters. Also thi~es the Building Commissioner has taken soma action under the section that is ncA- in effect. Mr. Wilaa~osky stated hs would like Law Director Gareau to coaiwant on this as he had spoke with the Law Director and asked him to ga•over this ardn~-ca according to haw it should be drafted. it is Mr. Wilamasky's underst that the General Offense Code was repealed 9.n Daceerber of 1973. Law Director 6areau stated this is correct and a nee one was adopted which was a Model Cwt put out by the Ohio Municipal League which in certain places dealt with tl~e su~-ject of litter, garbage -which in his opinion weld not want to test the case. kr. Gareau thinks there is a pretty str+ang indication that the newly adapted one, affective January 1, 1974, would have repealed. Not tea much of a problem at this point because tonight on the agenda we are putting the General Offenses Cede back in with the new codified section. Doss believe theta is a great deal of teem for legal skepticism whether or not the old General Offenses Gods was rrputlad entirely. ale has tendency to believe it was and would cause a prrd-lse. Also pointed out the wording is a prsae~ le to it and 1s not the adopting section but if you want to change the warding, doss not see any problem. Mr. Waftt atabad if there is any reason to have it confusing feels it should be put back in Committee and clear it up. President O'Neill requested a motion to amend the agenda to remove Ord. No. 74-173 from agenda.