Council Meeting Minutes - March 13, 2013

The Council meeting was called to order at 7:00 p.m. by Mayor Renda.

PRESENT AT ROLL CALL: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman

Also Present: Ted DeWater, Service Director; Greg Potts, Building Inspector, Police Chief Canter, Margaret Cannon, Law Director, Jeff Filarski, Village Engineer

Mayor Renda asked if there were any additions or corrections to the meeting minutes of December 12, 2012. Mrs. Cooper stated that the verbiage for Ordinance 2012-93 was missing the word “monthly” between the words “estimated” and “cost.”

Mr. Buczek made a motion seconded by Ms. Sturgis to approve the minutes of the Regular Council Meeting of December 12, 2012, as amended.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
NAYS: NONE
MOTION CARRIED

Mayor Renda stated that she intended on delivering her State of the Village address; however since there are no audience members, she will not read it tonight. It will be posted on the Village website for anyone to read.

Reports from the Mayor & Other Municipal Officials

Police Chief Canter gave a report on the Police Department. He stated that he found that the policy and procedure manual was up to date, for the most part. Chief Canter stated that he met with the Chief of Police for Chagrin Falls who brought him up to date on the services that the VERCOG offers. He stated that he has concerns that the roads and hills in Moreland Hills have potential for traffic accidents, but was assured that the VERCOG has a very capable accident investigator that would respond to those types of calls. Chief Canter stated that he held a department meeting with the all the police department personnel in order to introduce himself and to explain the objectives for the department. He stated that he also has gone through the personnel files which appear to be well maintained; however he is going through them with every officer to verify that all their training is included. He has met with seven officers individually and plans to meet with the remainder of them by next week. Chief Canter stated that he passed out forms with five questions to be answered by each officer in the department anonymously. He stated that he believes that their responses will help him determine the areas that he will need to work on. Chief Canter stated that he has confirmed with the State that all of his training is up to date.

REPORTS OF COMMITTEES

Roads & Safety:
Mr. Buczek reported that the Roads and Safety Committee met on February 25th. He stated that the minutes from the meeting speak for themselves. Mrs. Cooper asked if there are any County funds available for the proposed round-about at Hiram and SOM. Mr. Filarski stated that he will explore getting funding from outside sources such as the County or Public Works Commission. Mr. Richman stated that they had discussed this previously and Mr. Filarski will be providing a cost report on all potential options.

Facilities:
Mr. Wortzman reported that the Facilities Committee met on February 25th. He stated that Mr. Potts discussed creating a community room on the second floor of the back building. There is some unused equipment that is for sale online. Mr. Wortzman stated that the motors failed at the Quail Hollow WWTP and the supplier does not want to honor the warranty. Mr. Filarski stated that there has been no change in that situation but he is still trying to work it out with the manufacturer. The 2012 Sewer Rehab Project is complete and the original contract price still holds. Currently, a scope for 2013 is being compiled. The Winterberry Water Main project is pending feedback from the City of Cleveland; the project cost is approximately $300,000. Mr. Wortzman stated that the Hiram Trail properties were discussed; the property furthest to the west is on the market for $199,000 and has had some interest shown to purchase. He stated that the realtor has shown interest in selling the corner property as well, but that has been put on hold due to timing. Mr. Wortzman stated that Katie Martin reported that the Garfield Cabin will open on June 1st with a three hour Civil War program. It was also reported that the Historical Society membership is steady.

Planning Commission:
Mrs. Cooper reported that the Planning Commission met on February 25th. A storage shed was approved. A preliminary discussion was held with the owner and architect of the ML Tavern, which will be filling Fountain’s former space. They will need to request a conditional use certificate for the outdoor seating. Per our Assistant Law Director, Aimee Lane, even though Fountain had a conditional use certificate, because ML Tavern has different ownership, they are required to request their own. Mrs. Cooper stated that they will be adding a canopy and replacing the fountain with a fireplace, with the intention of having year-round outdoor dining. She stated that they also plan to add awnings. They will also need to request a variance for signage since there is only 3.5 square feet of signage available on that building. Mrs. Cooper stated that the Orange Schools appeared requesting a grading permit. They are going to be using artificial turf for the football field so they will be using some of the soil that is being removed in order to re-grade one of the soccer fields. The orientation of this practice soccer field will be changed, but the basic location will remain the same.

Mr. Fritz reported that the Planning Commission met on January 28th. He stated that the Bodas family on Farmcote proposed a tear-down and re-build of their home. They were requesting a very significant variance of 35 ft., stating the location of trees as one of their hardships. Mr. Fritz stated that they have since come up with an alternate plan which will not require a variance. He stated that the representative for Mr. & Mrs. Haas, who did work without permits, also appeared before the Commission. The members discussed at length that it needs to be determined who the contractors were and what work has been completed, which unfortunately, has already been covered up by drywall, ceilings, etc. Mr. Fritz stated the reason Mr. & Mrs. Haas were appearing before the Planning Commission was to request a lot split, which was tabled until these other issues are resolved. Currently these items are tied up in court.

Board of Zoning Appeals:
Mrs. Cooper reported that the Board of Zoning Appeals met on February 25th. The only item on the agenda was a request for a 2ft. height variance for a garden shed. She stated that the design work on this project was started prior to the Zoning Code height requirement change, and therefore would not have needed a variance at that time. It was approved since the variance was not substantial and will actually conform to the eave height requirement once the Zoning Code is changed again.

Mr. Fritz reported that the Board of Zoning Appeals met on January 28th. He stated that a side yard variance of 3.3 ft. was granted. The Smith property on Miles Road did not need a Use Variance however a 7ft. height variance was granted for an accessory building.

ORDINANCES AND RESOLUTIONS:

Ordinance 2013-02 – Introduced by Mr. Wortzman
an ordinance establishing appropriations for the current expenditures of the village of moreland hills, ohio, for the period ending december 31, 2013, and declaring an emergency.

Mr. Wortzman stated that at the Committee of the Whole meeting, Prashant Shah, Village Treasurer, went through the annual budget in significant detail and discussed the items listed on the attachment to this Ordinance.

Mr. Wortzman made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2013-02.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
NAYS: None
MOTION CARRIED

Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2013-02.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
NAYS: None
MOTION CARRIED

Ordinance 2013-03 – Introduced by Mr. Wortzman
an ordinance authorizing the mayor to enter into an agreement with wichert insurance services, inc. for the provision of general liability, police professional, public official, automobile, and property insurance to the village of moreland hills, at the total aggregate cost of $56,060, subject to additions and deletions during the term of the agreement as approved by the mayor; waiving competitive bidding and declaring an emergency.

Mr. Wortzman stated that this was presented by the Mayor at the Committee of the Whole meeting and that she indicated that she felt good about the services Wichert Insurance have provided. He stated that there will be a modest increase compared to the prior year. This is effective for one year, beginning on March 1, 2013.

Mr. Wortzman made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2013-03.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
NAYS: None
MOTION CARRIED

Mr. Wortzman made a motion seconded by Ms. Sturgis for passage of Ordinance 2013-03.

Mrs. Cooper asked if the $56,060 includes all the options listed on the attachment. Mayor Renda stated that it does include all of the new options that Mr. Shah recommended. These options will not cause a significant increase in cost, but will provide a significant increase in coverage for the Village.

Mr. Richman asked what “extra expense coverage” on the attachment referred to. Mayor Renda stated that it was referring to “umbrella coverage.”

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
NAYS: None
MOTION CARRIED

Ordinance 2013-04 – Introduced by Mr. Buczek
an ordinance authorizing the mayor to purchase a minimum of 80 percent up to a maximum of 120 percent of the estimated salt tonnage requirements of the village for 2013-2014 through the state of ohio department of transportation’s contract for sodium chloride; waiving competitive bidding and declaring an emergency.

Mr. Buczek stated that this is the Village’s annual salt purchase through the State. He stated that the Village has a minimum purchase requirement of 80 percent and can go up to 120 percent. Mr. DeWater stated that last year the Service Department budgeted for 2500 tons but only purchased 1150 and are required to purchase another 850 tons, which will be done. He stated that they used to budget for over 3000 tons, but with the last two light winters, they have reduced their commitment so that they will not have too much extra stockpiled. Mr. DeWater stated that he will be budgeting for 2500 tons again this year, which will leave about 250-300 tons stockpiled as opposed to the 800 tons that was stockpiled last year.

Mr. Buczek made a motion seconded by Mr. Fritz for suspension of the rules for Ordinance 2013-04.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
NAYS: None
MOTION CARRIED

Mr. Buczek made a motion seconded by Mr. Richman for passage of Ordinance 2013-04.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
NAYS: None
MOTION CARRIED

Ordinance 2013–05 – Introduced by Mr. Fritz
an ordinance amending various sections of the planning and zoning code of the village of moreland hills.

Mr. Fritz stated that in February some changes were made to the Code as a result of discussions that Council and the Planning Commission had with Mr. David Hartt. The result of those discussions is what is being presented tonight. He stated that he would like to point out the benefit of the change to our variance request process, which will streamline the process in order to make it more convenient for the Village staff and more importantly, the residents seeking the variance. Mr. Fritz stated that the solar panel requirements are also included in this ordinance. Mr. Fritz explained the process of getting this ordinance approved;

Council will place it on first reading tonight;
the Planning Commission will set a date for and send notice of a public hearing;
the Planning Commission will make a recommendation at the public hearing back to Council;
upon receipt of the Planning Commission’s recommendation, Council will then set a date and send notice of a public hearing;
Council will hold the public hearing and after three readings, will vote on it.

Mr. Richman stated that he believes that two sections of this proposed ordinance need to be changed; the first change is to add the phrase “economically feasible” between the words “alternative” and “locations” in Section 1177.09(g)(2)B. He stated that without adding that wording back in, there is not a need to have B because there is always another location. Mayor Renda stated that she recalls having a very lengthy discussion regarding the phrase “economic feasibility” and it was decided that each person’s definition of “economically feasible” is different. The terminology is too subjective. Mr. Richman stated that without adding in the phrase “economically feasible”, an alternative could be to remove the phrase “There are no alternative locations in compliance with Sub-section (1).” Ms. Sturgis stated that she recalls the reason it was determined to remain was so that the residents would have to explore the alternatives, and keeping that phrase in would ensure that they do so. She stated that there is no true measure to determine economic feasibility. Mr. Richman stated that there will always be alternative locations to the front of the house. Mayor Renda stated that applicants will have to show that they have thought about all locations and whether it works or does not. Mr. Richman stated that it should not say that there are not any other locations.

Mayor Renda stated that Council will forward this ordinance to the Planning Commission with Mr. Richman’s recommendation.

Mr. Richman stated that the second section that needed to be changed is Section 1177.09(g)(9). He stated that the wording “cannot guarantee that we” should be added in front of the wording “will be able.” Mrs. Cannon stated that she agrees with Mr. Richman because she believes what was intended was that approval is not a guarantee of safety or that Village safety forces will be able to access the property in the event of an emergency. She stated that just because the installation is approved, it does not mean that in an emergency safety forces will in fact, be able to access the property for emergency purposes. Mrs. Cannon suggested the phrase “may not be able” instead of “will be able.”

Mr. Wortzman asked why in some cases safety forces would not be able to access the property. Mr. Fritz explained that in certain situations, the presence of solar panels may make it difficult to access the house in the manner that a fire would be fought traditionally. He stated that this section of the Code is to inform residents that the Village cannot guarantee that safety forces will be able to do what is needed on a standard or routine call. Mrs. Cannon added that since solar panels are always energized, safety forces may not be able to do what is required unless they can be assured that the house has been de-energized.

Mrs. Fritz made a motion seconded by Mrs. Cooper to place Ordinance 2013-05 on first reading, and refer it to the Planning Commission with the correction of “may not” in lieu of “will” in Section 1177.09(g)(9) and with Mr. Richman’s recommendation regarding alternative locations in Section 1177.09(g)(2)B.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Wortzman
NAYS: None
MOTION CARRIED

MISCELLANEOUS BUSINESS:

Mayor Renda updated Council on resident complaints. She stated that residents have been seeing numerous coyotes lately. Currently, coyotes are having their pups therefore they are more visible, but in general the Village has still been receiving an increasing number of complaints that actually started last September. Mayor Renda stated that Sgt. Dietzel and Mr. DeWater have been in contact with the ODNR. Mr. DeWater stated that they have printed out a fact sheet on coyotes and placed it in the Village lobby and have posted the information on the website. He stated that a public meeting has been set for April 24th at 7:00pm at Village Hall, so that residents from Moreland Hills and surrounding communities can voice their concerns and ask questions to a wildlife officer from the ODNR.

Mayor Renda informed Council that the Police Department now has a Facebook page. She stated that this is a good way to show residents that we are on top of any concerns that they may have, such as the coyotes, because Sgt. Dietzel updates the page frequently.

Mayor Renda stated that the residents began receiving their bills from NEORSD. Unfortunately, since NEORSD bills through Cleveland Water, a letter of explanation for each resident of Moreland Hills that NEORSD wanted sent out with the bills in August, was never sent out by Cleveland Water. Therefore, the residents were not given the opportunity to sign up for the Summer Sprinkler Program, so when they finally received their bills just recently, some residents had bills as high as $3,000. Mayor Renda stated that she, Mr. Filarski, Mrs. Arrietta, and Mrs. Murfello worked with NEORSD to the point where the head of NEORSD called her to try to work things out. She stated that NEORSD has been more than reasonable and will be sending a letter of apology to the residents. They will also send a letter encouraging the residents to sign up for the Summer Sprinkler Program both proactively and retroactively. Mayor Renda informed Council that if they are having difficulties or know someone who is, to please let her know because she will reach out to one of the contacts at NEORSD and let them know about that particular person so that she can be sure that it is being handled. Mr. Filarski stated that NEORSD was very apologetic about what happened; however it took six days for them to get the letter out to the residents.

Mayor Renda stated that Greening the Hills will be on May 4th. She stated that Rob Martens with Bold Alternatives will be speaking about solar panel installations at 10:00am and 11:00am. Mayor Renda stated that Mr. Martens will be speaking about solar panel installation not only to be structural and electrically proper, but also aesthetically pleasing.

At this time, Village Prosecutor Santo Incorvaia discussed the Village-owned 5 acre property at 115 Skyline that is for sale. He stated that it was appraised at $45,000; Howard Kasden, neighbor to this property, has made an offer to buy this parcel for $5,000. Mr. Incorvaia stated that Mr. Kasden pointed out the fact that the parcel is not buildable because of the topography and the only use for it would be either park property or to add it to adjacent property. Mr. Fritz stated that currently teenagers have been gathering on the property. Mr. Potts added that these teenagers are hitting golf balls at people that are walking by the river below the property. Mayor Renda stated that Mr. Kasden would like to put in a garden and put a fence up around it so that it looks inhabited which should deter people, specifically the teenagers, from entering the property. A discussion ensued regarding the sale price of the property. Mrs. Cannon recommended approaching Mr. Kasden to negotiate, and then it can formally be brought back to Council for approval. Mayor Renda stated that at this point, this property is a liability to the Village since people are hitting other people with golf balls and if the property continues to slide down the hill it can become a huge liability. Mr. Fritz asked if the Village would have to negotiate an easement with Mr. Kasden because the Village has done work on that property in the past. Mr. Incorvaia stated that the agreement will be to purchase “as is.” Mr. Fritz asked if there would be a chance that the Village would need to access the property for improvements. Mr. Filarski stated that he needs to look at the drain that the Service Department installed on that property, which may need a small easement. He stated that it would be looked at prior to the property transferring. Mr. Fritz stated that he would hate to lose the option to assist other property owners with erosion issues because the Village would no longer own the property. Mr. Filarski stated that the Village would not want to reserve an easement to fix problems that are already there on the property itself, because we would not want to be responsible for that. Mayor Renda stated that Mr. Incorvaia will ask Mr. Kasden if there is any room for negotiation on the price, and if not, then Council can entertain legislation at the next Council meeting. Mr. Wortzman made a motion seconded by Ms. Sturgis to donate $500.00 to the Chagrin Falls After Prom Committee and $500.00 to the Orange Schools After Prom Committee.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
NAYS: None
MOTION CARRIED

Mayor Renda stated that the Dispatch COG met on Saturday. University Hospitals in Bedford has agreed to lease space for ten years for a nominal amount for the new dispatch center location. She stated that some work needs to be done in order to get the equipment in; however it is a very nice space. Currently, the space that can be moved into right now is 3500 sq. ft.; however, if it is decided to expand, there is up to 6000sq. ft. that can be used. Mayor Renda stated that it was decided to divide the costs on a blended allocation of both fixed and usage, with more emphasis on usage. She stated that Moreland Hills’ costs will be about $114,000 for the capital expenses. Two other communities may be joining, which would decrease the Village’s cost. The Dispatch Center would like to move into the space by January 2014.

Mr. Buczek made a motion seconded by Mr. Richman to adjourn the meeting at 8:20 p.m.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
NAYS: None
MOTION CARRIED

The meeting was adjourned at 8:20p.m.

Attest:
Sherri Arrietta, Clerk of Council
Monica Sturgis, Council President