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Council Minutes are posted by Clerk of Council Kathleen Lynch.

Council Minutes for June 12, 2006

Bedford City Council met in regular session at Bedford City Hall on Monday, June 12, 2006. Mayor Pocek called the meeting to order at 8:00 P.M. The meeting was opened by pledging allegiance to the flag. The roll was called. Present: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak.

Motion made by Koci seconded by Batten to approve the minutes of the Public Hearing of May 15, 2006. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Pozar seconded by Mizsak to approve the minutes of the Regular Meeting of May 15, 2006. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Mayor Pocek said that he as a proclamation for Everett Heard who was named 2006 Coach of the Year in the State of Ohio. He was supposed to be here tonight but because his Assistant Coach had an emergency, Mr. Heard had to go to Shaker Heights because his team is there. The Mayor read the proclamation in its entirety and asked the School Board members in the audience to deliver the proclamation to Mr. Heard. Mr. Mizsak said he would be honored to deliver the proclamation. Mayor Pocek said that Mr. Heard has been a fine addition to that school for many years. This recognition is long overdue for what he has done.

The Mayor introduced Armond Budish who is running for State Representative. Mr. Budish has no opposition. He has spent a lot of time in the City of Bedford these past 6 months so we are declaring Mr. Budish an honorary citizen of the city. Mayor Pocek read the certificate in its entirety.

Mr. Budish said he wants to thank everyone in Bedford for their help and support during his campaign. Mayor Pocek and Council know that he not only enjoyed the campaign but getting to know the people in Bedford. It has become a second home to him. You have an absolutely wonderful community. The feeling of community is so evident, it is unique. He hopes to be part of that and hopes we never lose it.

RESOLUTION NO. 2358-06, being a resolution approving and accepting the proposed 2006 tax budget for the year January 1, 2007 to December 31, 2007 and declaring an emergency placed on first reading May 15, 2006 was read by title only. Motion made by Koci seconded by Zolata to suspend the rule requiring the reading of said resolution on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Mizsak seconded by Saunders to place Resolution No. 2358-06 on third and final reading and passed.

The Finance Director said we had our first reading in May because this year our Council meeting is after the date to adopt this which is July 15th. We will file this with the County Auditor on or before July 20th as the law requires. We have the same millage we had last year, it will be 12.8 mills overall. This will allow the County to send us our local government funds that we need every year and help us maintain our budget.

Mayor Pocek said this is the beginning of our budgetary process that will go all the way to the end of December.

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The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Pozar seconded by Mizsak to accept the decision of the Board of Zoning Appeals regarding Mt. Calvary Baptist Church – 261 Center Road requesting a variance making the center line of the drive apron distance 50 feet from Wandle Avenue right of way. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Pozar seconded by Zolata to accept the decision of the Board of Zoning Appeals regarding Mt. Calvary Baptist Church – 261 Center Road requesting an occupancy of 240 people in the church contingent upon completion of the additional parking spaces. The roll was called. Vote – Yeas: Pocek, Pozar, Zolata, Batten, Koci, Mizsak. Nays: Saunders. Motion carried.

The City Manager said he would like to thank Rebecca Corrigan and her staff, Leslie and Annie and Debbie Parina from the Finance Department who did a great job in coordinating the first Produce Market on Saturday, June 3rd. We will have produce markets the first and third Saturday of the month. In addition, to the first produce market, we had Chalk Art Day. With both of those going on in our business district, it was really jamming. There were a lot of people there, people looking into our shops and walking the business district. The mission is to bring people to our downtown.

The Law Director said that the Strawberry Festival was this past weekend and the Historical Society has always done an excellent job. This year they did have a “dunk tank” and special kudos should go to City Manager Bob Reid, School Board members, Tim Tench and Andrew Mizsak and Court Bailiff Jamey DeFabio. They all were very gracious and served in the “dunk tank”. They were all good sports and it added to the Strawberry Festival.

The Finance Director said he gives all of them a lot of credit. That was a cold day.

Councilman Koci said the Strawberry Festival came off very well especially with the addition of the Auto Show. They expected 20 or 30 cars and had over 100 cars. The downtown was packed. Kudos to Ralph King and Kathie Williams who headed up the car show. They did a lot of work. This was a great addition to the festival. Everyone had a good time.

Councilwoman Zolata said she also wants to comment on the Strawberry Festival. It seemed to be successful. She also wants to congratulate Light of Hearts Villa who dedicated their new wing Sunday, to further help and serve the needs of this community. They work with the City of Bedford senior population. This facility is beautiful.

Mrs. Zolata said Sister Helen Scasny, who was in the transition from Lumen Cordium High School to Light of Hearts Villa. Sister was instrumental in the whole change. She retired from that position and they honored her yesterday. Sister is a wonderful lady and she wishes her much success.

Councilwoman Zolata said this week there is a Senior Adult Information Fair at the Jimmy Dimora Community Center on Wednesday, June 14th from 10:00 a.m. to 5:30 p.m. It is sponsored by the Older Adult Connection, of which the City of Bedford is part of.

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Mayor Pocek said he also would like to congratulate Light of Hearts on their wonderful facility. He was also there for the dedication ceremony. It is sort of ushering in a new phase of life for Sister Helen who is a wonderful person.

Councilwoman Mizsak said she also wants to say kudos and thank you to everybody who comes to volunteer. The last two festivals were very well served by the people. The Strawberry Festival this week brought so many people into our town that Mr. Gracefo from LaGra Jewelers said he has never seen so many people in this town and they keep on coming. He also had a stand out there for the car show that was very well put together for the first annual show. Ralph King and his committee did very well and we hope he does it again.

Mrs. Mizsak asked the City Manager if we could become the monthly summer event city of the county and he is looking into that.

She also had some comments regarding the water rates from several people. People are willing to pay a little bit more for the water. We want our own Service Department. The people are used to it. This is coming from different wards.

At the corner of East Grace where the new Walgreen’s is going up, what are the little capped areas.

Mr. Reid said the area there has some contamination in the ground. The contamination is so deep that they are using a process where they bore down 30 to 40 feet into the product. They put electrodes into the ground and are actually burning the product while it is in the ground. It is too deep to try and get down there and get the product out of the soil so they burn it up. It is an acceptable method to EPA to rid the area of the contaminants.

Councilwoman Mizsak wanted to thank everyone that got dunked and also to Ron Lisy for going out and getting more ice.

Councilman Saunders said he would also like to thank all the volunteers at the Strawberry Festival. If it wasn’t for the volunteers, this event would not happen. It is amazing how the people that don’t live in Bedford anymore come back and volunteer for this event. The same was true the week before with the Rotary Rib Burn Off. These events are all done with volunteer help, no one is paid. These people need to be congratulated for all of their hard efforts. All festivals in Bedford are done with volunteer help. It is unfortunate that the younger generation doesn’t volunteer for anything. If they don’t turn themselves around, they will find a shocking experience when they get to our age. Once again, he wants to thank everyone that makes these festivals happen.

On behalf of his son Matthew who is leaving for his People to People Student Ambassador Tour to England, Scotland, Wales and Ireland, Mr. Saunders wants to thank everyone who donated to be a sponsor for his trip. It will be a once in a life time experience. This is one of the positive things that has come out of the Bedford school system. You never hear about the positive things that happen. He hopes the School Board members will comment on the fact that this year’s scholarship fund going to the seniors at Bedford High School far out number school systems in Solon, Hudson and a few other surrounding school systems. There are positive aspects in this school system, we just don’t hear about them.

Mayor Pocek said he wishes Councilman Saunders son well, it is a wonderful experience for him.

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Mayor Pocek said kudos to everyone that participated in the car show, to Ralph King, Kathie Williams, Rich Novak, John Whittaker and anyone else involved. They did a wonderful job with the car show. It was discussed and they are going to take a pass on their car show. They will participate in this and make this car show the best around. The whole idea was to have people downtown and help the Historical Society.

The Mayor said between now and the next meeting, the First Tier Steering Committee is coming to the City of Bedford on July 6th, 7th and 8th. They will be meeting here and discussing policies for the First Tier Suburbs on the National League of Cities. Mayor Pocek is the Chairman and they meet in the summer in the hometown of the Chairman. They will be here from California, Massachusetts, Kansas, Florida, Texas, Minnesota, Washington, Tennessee, etc. There will be about 25 people attending this meeting. It is an honor for us to host this. There are sponsors that have come forward to help us with the cost so our expense will be minimal. Mayor Jackson is involved as well as Mayor George of Lakewood. These areas will be showcased as well as Bedford. It will be a wonderful opportunity for them to be here and for us to be the hosts. If you have a chance, stop in. There will be days we will be working here.

ORDINANCE NO. 7819-06, an ordinance which adopts the residential code of Ohio for one, two and three-family dwellings and establishes, amends or clarifies certain guidelines for construction in the City of Bedford, Ohio and declaring an emergency was read by title only. Motion made by Saunders seconded by Pozar to suspend the rule requiring the reading of said ordinance on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Zolata seconded by Batten to place Ordinance No. 7819-06 on third and final reading and passed.

Mr. Schuman said the residential code of Ohio is the one we enforce in Bedford. We are adopting that document in its entirety. The companion ordinance gives us a certification to enforce that code.

Building Commissioner Phil Seyboldt said the ordinance requesting certification will have to be sent to the State and the State will issue certification to the Building Department. The State Code went into affect in May 2006 and cities have about a year to get in line. The Mayor said then we will be current with the state law and certified by the state law. Mr. Seyboldt said that is correct.

The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

ORDINANCE NO. 7820-06, an ordinance requesting certification to enforce the residential Building Code of Ohio for one, two and three-family dwellings within the City of Bedford, Ohio and declaring an emergency was read by title only. Motion made by Mizsak seconded by Pozar to suspend the rule requiring the reading of said ordinance on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Zolata seconded by Batten to place Ordinance No. 7820-06 on third and final reading and passed. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

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ORDINANCE NO. 7821-06, an ordinance determined to proceed with the improvement of certain streets in the City of Bedford, Ohio by lighting the same and declaring an emergency was read by title only. Motion made by Pozar seconded by Mizsak to suspend the rule requiring the reading of said ordinance on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Zolata seconded by Koci to place Ordinance No. 7821-06 on third and final reading and passed.

Mr. Gambosi said the levy we are doing for street lighting has been done since the 1920’s. It is the annual payment of our electric bill. This will continue to be at 1.2 mills, it will be very similar to what you paid last year. We have the 6 year re-evaluation of all property which will occur this year in 2006 and will be taxed in 2007. The value we have this year for the assessment will be based on last year’s value.

Mayor Pocek said according to state law, we have to do this every year. Mr. Gambosi said that is correct especially if we want to pay our electric bill.

The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

RESOLTUION NO. 2359-06, a resolution declaring the necessity to improve certain streets in the City of Bedford, Ohio lighting the same and declaring an emergency was read by title only. Motion made by Zolata seconded by Koci to suspend the rule requiring the reading of said resolution on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Pozar seconded by Saunders to place Resolution No. 2359-06 on third and final reading and passed.

Councilwoman Zolata said they always receive comments about lights that are out or lights that go all the time. It is her understanding that we pay the same rate even if the light is on all day. Also, when there are lights out, we report them to the City Manager who refers them to First Energy and they get corrected. She was told yes.

Mayor Pocek said he thinks that First Energy does a good job in getting these lights fixed. This evening we met our new First Energy representative, Karen Goodson who is a very competent individual. Mike Hrdy, who has been our representative for a long time and did a great job was promoted and is in upper management now.

The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

ORDINANCE NO. 7822-06, being an ordinance levying special assessments for the improvement of the street and public places of the City of Bedford, Ohio by lighting of the same in accordance with Resolution No. 2359-06 and Ordinance No. 7821-06 and declaring an emergency was read by title only. Motion made by Batten seconded by Koci to suspend the rule requiring the reading of said ordinance on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

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Motion made by Saunders seconded by Mizsak to place Ordinance No. 7823-06 on third and final reading and passed. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

ORDINANCE NO. 7823-06, an ordinance amending Ordinance No. 7770-05 making additional appropriations for current expenditures of the City of Bedford, Ohio during the year 2006 and declaring an emergency was read by title only. Motion made by Pozar seconded by Saunders to suspend the rule requiring the reading of said ordinance on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Koci seconded by Zolata to place Ordinance No. 7823-06 on third and final reading and passed.

Mr. Gambosi said there are two items, one is on the Law Enforcement Trust, we are reducing the budget to comply with what revenue came in and we are also allowing the appropriation for the repair of the depot which has already started on the square.

The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

ORDINANCE NO. 7824-06, an ordinance authorizing the City Manager to execute a lease agreement with T-Mobile Central LLC for the purpose of installing a communications tower and declaring an emergency was read by title only. Motion made by Zolata seconded by Batten to suspend the rule requiring the reading of said ordinance on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Mizsak. Nays: Koci. Motion carried.

Motion made by Mizsak seconded by Saunders to place Ordinance No. 7824-06 on third and final reading and passed.

Mr. Reid said it is at the rear of the public works building at the cemetery. We have been in negotiations with T-Mobile for about 2 years. This will be a communications tower.

Councilman Koci said he is opposed to putting it into the cemetery. He doesn’t feel that is an appropriate location.

The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Mizsak. Nays: Koci. Motion carried.

ORDINANCE NO. 7825-06, an ordinance authorizing the purchase of one (1) 2007 Chevrolet 4500 cab and chassis for the Service Department from Tim Lally Chevrolet and declaring an emergency was read by title only. Motion made by Pozar seconded by Mizsak to suspend the rule requiring the reading of said ordinance on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Koci seconded by Zolata to place Ordinance No. 7825-06 on third and final reading and passed.

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Mr. Reid said this replaces a 1989 plow. The Mayor said we are replacing a 17 year old vehicle. This is something that was reviewed during the budget and approved.

The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

ORDINANCE NO. 7826-06, an ordinance authorizing the purchase of one (1) 2006 stainless steel dump body and western plow to be installed on a 2007 Chevrolet 4500 cab and chassis for the Service Department from the Carnegie Body Company and declaring an emergency was read by title only. Motion made by Batten seconded by Zolata to suspend the rule requiring the reading of said ordinance on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Mizsak seconded by Pozar to place Ordinance No. 7826-06 on third and final reading and passed.

Mr. Reid said the whole thing is $44,000, that is for the truck, plow and dump body. Our mechanics really make these vehicles last a long time. The Mayor said even though these vehicles are 17 years old, they look very good. Mr. Reid said they are well maintained. Even though there is well over 100,000 miles on it, we do well when we sell them. We have been going on E-bay and getting probably twice what we used to get at auction.

Councilwoman Zolata asked if we are still going to have the public auctions at the service garage. Mr. Reid yes, on some things. The majority of the big items like the vehicles, traffic signals, etc. will be put on e-bay because we get a lot more.

The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

ORDINANCE NO. 7827-06, an ordinance which adopts the current edition of the Ohio Building Code and related codes and establishes, amends or clarifies certain requirements and guidelines for commercial construction in the City of Bedford, Ohio and declaring an emergency was read by title only. Motion made by Saunders seconded by Pozar to suspend the rule requiring the reading of said ordinance on three different days. The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Motion made by Zolata seconded by Koci to place Ordinance No. 7827-06 on third and final reading and passed.

Mr. Schuman said our Building Department has always enforced the Ohio Building Code and there are certain amendments to that code. We are now adopting those amendments. This ordinance will apply to all commercial construction. The State has imposed a one percent fee in addition to our local fees for permits, etc.

Mr. Seyboldt said that the Board of Building Standards dictates to the locality what edition of the code to use and this will bring us into compliance with the current state law.

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The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Mayor Pocek said that concludes the business portion of the meeting and asked if anyone in the audience had any comments.

Frank Medved, 355 W. Grace Street, asked how many air raid sirens are in Bedford. Mr. Reid said there are three. Mr. Medved asked if these are located on someone’s front yard. Mr. Reid said one is on Rockside and Northfield Road; one is on Solon Road and one is on Hutchinson Field.

Mr. Medved said the siren is in his front yard. Mr. Reid said it is across the street from his yard. Mr. Medved said it is 30 feet from his house. Is there an OSHA standard regarding the noise that comes off of there. He is hard of hearing and he doesn’t want it to get any worse. Mr. Reid said there is no standard. Once a month on the first Saturday of the month for 90 seconds the sirens are on a test mode. Mr. Medved said he went over to Oakwood and could hear them over there. Mr. Reid said there is no restriction from OSHA. Mr. Medved said we are not in a war. Why do we have to test them every month? Can’t someone go and check them without sounding it off? Or take it and move it.

Mr. Reid said according to the manufacturer, we have to test it once a month. If we didn’t test it and there was a tornado and we went to operate it and it didn’t work? Wouldn’t you then say, why aren’t you testing it? Mr. Medved asked why do they have to put it on people’s property. It was done by Engineer’s and that is where they wanted it but that doesn’t say they are right and they don’t have to check it every month. Mr. Reid said they do. Mr. Medved said he doesn’t think that is the law unless somebody made it. Mr. Reid said it is a requirement for us to test it every month.

The Mayor said we are involved in a consortium with eight communities. Mr. Medved said he has never seen any of them 20 feet off of somebody’s yard. Another thing, you have it in the park and all these young kids going in there and playing and you are blasting this off. In a matter of time, maybe it will take 10 years before their hearing goes and they will never get it back.

Mr. Medved said he wants this siren removed out of his front yard. The Engineers can put it in a place where they don’t have to hurt people. Since he moved in his house, his taxes have doubled and so has his sound and he isn’t getting compensated for it.

You are Council and you should be able to come up with something. The Mayor said he wishes he could tell him they can remove it but it is not going to happen. This is part of a consortium agreement with other communities that we have to test this once a month. They had a problem in Solon when the tornado went through a couple of years ago. They went to put the sirens on to let people know and they did not work. It worked in Twinsburg but did not work in Solon.

Mr. Medved asked if there is any other way to test them without sounding it off. Further discussion continued regarding Mr. Medved’s concerns regarding the sirens. Mr. Medved asked if there is anyone over the city’s head that he can go to. The Mayor said he could write to his State Representative or State Senator and see what can they do but he thinks this is a home rule situation where we have the right to do this. We are doing this in consortium with 7 other communities, it was done for the good of the whole. Further discussion continued.

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Councilman Koci said sirens on the fire trucks are electronic and mechanical devices. The only way you know if they are working is to actually work it. This also exercises the equipment so it does work properly. It has to be checked so the mechanical parts work.

Mr. Medved repeated his concerns regarding the noise. Mr. Koci said the sirens are only at 70 decibels which are under the standards for damage to hearing and it is only sounded for 90 seconds once a month. Factory noise is something different because that is 8 hours a day constant, every day. The Mayor said this siren is within OSHA’s standards. He wishes we can tell him we are going to remove it but he is not going to because that spot was chosen by people who make those decisions based on decibel readings.

Andrew Mizsak, 41 Santin Circle, said he would like to thank the Mayor for the proclamation for Coach Heard. He also wants to thank Council and Administration for trying to keep Walton Hills in our school district. Community unity is something we believe in. To address what Councilman Saunders was saying about the good things that have happened in the district this year, this year’s class of 2006 has set an all time Bedford City School record for the highest amount of scholarship dollars awarded at $2.7 million. One million of that being one person’s assessed value of their education and that would be an appointment to the United States Air Force Academy in Colorado Springs. This is the third year out of the past four years that Bedford High School has had a service academy appointment. This year it was to the Air Force Academy, last year it was to West Point and three years ago to Annapolis. That brings our total of service academy appointments since 1990 from Bedford to seven. We also had a National Merit finalist, one of the top 1 percent of all high school students in the United States and Canada. That student had well over a 4.4 point grade average. Thousands of hours of community service among our students, grants that have come in to all of our school buildings, including at Glendale School a grant from the U.S. Department of Agriculture to coincide with our brand new wellness policy that gives a choice of several different fruit options with their lunch. There are many good things going on.

Mr. Mizsak said in the Plain Dealer several weeks back it was reported that we have the number one rated athletic facility in a seven county region. Thank everyone for their support.

Mayor Pocek said one of the highlighted facts is that since 1997 we have had citizens go to service academies when you figure the average freshman class is about 1500 from around the country.

Tim Tench, 286 Marion Drive, said he would like Mr. Reid to pass along our appreciation to Chief Duber for the Police Department on the last day of school. The police were very visible especially around the high school. He talked to a few of them and they had their hands full but they acted professional on all levels. Thank you to the Chief and his staff for watching out for our children.

Mr. Tench said if he and his colleagues have anything to do with the situation in our schools, that Wednesday is the last day you see these kids walking out of there with long t-shirts and shorts to their ankles and all the things that give our school district a bad perception.

The Mayor asked about the changes by September.

Mr. Tench said it is safe to say that it is on the front burner and the burner is on high. He would love to say it is a done deal but if it is not a done deal, it is not going to be because of what he and Mr. Mizsak are attempting to do at this time. It is a matter of getting a committee in place and their goal is to have this new standardized dress code delivered to the parents in July so they have plenty of time to shop.

Mr. Reid said he brought it up in 1990 and hope it happens. It is a reflection of our community every time these kids leave the high school. He hope it happens and hope it happens in September.

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Mr. Tench said those in Administration know they are very adamant on this subject. He and Mr. Mizsak ran on this during the campaign. That was their promise to their constituents in all four communities.

Mr. Mizsak asked that it be passed on that they believe in maintaining a high quality of life. That is the perception the schools get. We have a certain community expectation of how people are going to act and appear. We have an expectation of certain community standards and values.

Mayor Debora Mallin of Bedford Heights said she would like to personally reiterate the invitation from the City of Bedford Heights to join them at their Dimora Center. They are looking to hear of the city’s interest in being involved in their programming and that also includes the pool. They wanted to have an open house this past Sunday but they were competing with the Strawberry Festival and cold waters. Thank you for the summer fun you provide in Bedford.

Mayor Pocek said Council and the Administration have talked about getting the word out to the residents about the opportunity Bedford Heights has provided in joining their community center.

Mayor Mallin said that she, Mayor Pocek and Mr. Reid have been involved in government a long time and it is fair to say that they have all tried to provide the residents with all the blessings they can. At the same time, it doesn’t make sense to duplicate a lot of the services. The invitation is quite sincere.

Mr. Schuman said regarding the amicus brief that was filed. It was a collaborative effort between Bedford, Bedford Heights and Oakwood with Bedford and Bedford Heights being the lead. We are very proud of that brief that was filed that supported the school district. We met closely with the Assistant Law Director of Bedford Heights Ross Cirincione and very proud of the brief and facts that came out of that and the facts that came out of that. He has always been confident in the district’s case. He hopes they rule on this as quickly as possible because Walton Hills argument has no merit, it has had no merit and it still has no merit. Mr. Schuman hopes the district examiner will make the same findings that he did in his initial report that was given to the district. Best of luck to the district on that issue but he is sure they will be successful.

Tom Reid, 199 Gould Avenue, said he is here to see if there is a way to save on water that is not used. He goes to Florida for four months of the year and he has to pay $30.00 a month for nothing. It is like going into a bar paying for a drink and not getting it. Can anything be done about it?

City Manager Reid said he has a good point but you have to pay a minimum fee for electricity and natural gas. You could add the same arguments to those utilities as you do the Bedford Water Department. Over the years, we have tried to accommodate those people that were leaving but we still have our set costs. We did not pass along additional increases since 1999. The last increase we had was in 2006 for our Water Department. We passed along the increases for the amount for water that we bought from the City of Cleveland but we have not increased any of our fees since 1999 until January 2006. Our Water Department also lost money in 2005 which is the reason we had to increase the fees in 2006. We try to accommodate but it is becoming difficult for the small department that we have to do bookwork on that when we have 4800 customers. All utilities do have basic fees.

Mr. Reid said this is the first year it has happened. City Manager Reid said yes, we were accommodating residents that were going out of town and got to a point we couldn’t do it anymore. Mr. Reid asked what about senior citizens. City Manager Reid said we give senior citizens approximately a 30 percent discount of homestead.

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Thomas Ledger, 126 Tudor Avenue, said there is an on-going problem with kids from Maple Heights coming through the alley that has been closed off. A number of times the police have been called, they have been excused and nothing has been addressed. He turned in blue prints to Mr. Batten for putting up a fence. Initially, when the alley was closed it was offered to be purchased and he was told it could not be done. He would like to have the fence put up. There is a lot of cross traffic through Maple Heights. These kids have no business on that street. His house has been vandalized, his dog tormented, things thrown at the dog and his kids. He and his neighbor Ted each have three young children and are hearing horrible language. Mr. Ledger would like something done about it.

Mr. Reid asked Councilman Batten if this is the house on the corner. The Councilman said that is where they met last Monday. Mr. Reid said that he had just called Mr. Ledger a couple of days ago to tell him that we haven’t forgotten him. He met the Councilman down there Monday and he told him what he wants to do. Mr. Reid told him we would look at it with the Service Department, he doesn’t think that is a problem but he wants to make sure about the immediate issues. He knows Mr. Ledger wants to move the bushes over by the fence and extend the fence to the back of his property. Mr. Reid doesn’t think that is a problem but he wants to make sure we touch all the bases with the Service Department. We are working on it and will have an answer this week.

Mr. Ledger said he was just wondering why he hadn’t heard anything. He is willing to spend his own money to block it off.

Mr. Reid said he believes Mr. Ledger will be pleased.

Ted Ciolek, 127 Tudor Avenue, said he lives across the street and like Mr. Ledger, his house is the last along the Maple Heights/Bedford line. He is not sure what Mr. Reid and Mr. Batten have talked about but what they see is a lot of underage drinking, they are finding a lot of beer bottles and cans, they are finding marijuana paraphernalia in the alleyway. One of the problems they have are the kids hopping over the fence to the alleyway, coming down their street and cutting through yards on Tudor Avenue to get to Flora.

Mr. Ciolek said what they were hoping for is yes, put up a fence to block the alleyway but run the fence down to the end of Mr. Ledger’s property. He can’t predict what will happen but if you block it one way, they will move down a house and hop over the fence or they will move further down.

Mr. Reid said what he discussed with the Councilman is that on the eastern boundary, they were going to extend the fence to the other fence, the fence that runs along the Maple Heights side. You were then going to take the bushes out and move them on the fence line.

Mr. Ledger said yes, he wants either fencing or bushes or both to eliminate all access to that alley and over those fences. That is the only access they have. If it is not there for them, there is no where else on their street for them to have access. It has gotten quieter but the crowds have gotten bigger. There are some big kids coming through there.

Mr. Reid said the only issue we will have is that we are going to move the bushes off of your property line, move them north along the fence line and have the fence put up in the back. You are not allowed to have a fence against a fence by ordinance. The city will put up signage which states no trespassing, violators will be prosecuted. We agree with you, it needs to be addressed.

#12

Mr. Ledger said there is no need for access through there other than one utility box. The neighbors would allow a fence because they do not want the kids coming through there. They are afraid to enjoy their property or say anything to the kids.

Mr. Ciolek, who lives on the west side of Tudor, said the house directly behind his next door neighbor is the house where a lot of the traffic comes through. They call the police a lot but they have to catch them in the act. Another problem is the kids are making their dogs irate by throwing things or taunting. He doesn’t want anyone to get bit or get hurt.

Mr. Schuman said Mr. Reid is right about the ordinance but we can look at a couple of things. Mr. Reid asked if the existing fence belongs to a resident or to the City of Maple Heights. He was told it belongs to the resident. Mr. Reid said we will look at a couple different things and work with the Maple Heights Building Department and maybe the residents over there too.

Mr. Ledger asked if this will take place soon because it is summer. Mr. Reid said yes.

Mayor Pocek asked if there were any further comments. There being no reply, motion made by Koci seconded by Mizsak to adjourn The roll was called. Vote – Yeas: Pocek, Pozar, Saunders, Zolata, Batten, Koci, Mizsak. Nays: None. Motion carried unanimously.

Meeting adjourned at 9:25 P.M.


 
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