Council Meeting Minutes - April 10, 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


Mr. Richman made a motion seconded by Mr. Buczek to approve the minutes of the Special Council Meeting of March 6, 2013.

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


Mayor Renda asked if there were any additions or corrections to the Regular Council Meeting minutes of March 13, 2013. Mrs. Cooper stated that the third line on page 3 should have the word “design” added in front of “work.”

Mr. Buczek made a motion seconded by Mr. Richman to approve the minutes of the Regular Council Meeting of March 13, 2013, as amended.

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


Reports from the Mayor & Other Municipal Officials

Mayor Renda stated that she will cede her time to the members of the staff to give their reports to Council.


Service Department
Mr. DeWater, Service Director, stated that the high priority for this year is to have some repairs done at Forest Ridge. There was some discussion of closing the trail at the east bridge because of the heavy erosion. A temporary repair has been made; posts were driven into the ground, shoring put up, the washed out areas were filled in with gravel, and an erosion mat was put down. He stated that he has asked the Village Engineer to formulate a plan to stabilize the stream beds so that the erosion does not continue. Mr. DeWater stated that a tree was removed in the lower park area at Mr. Filarski’s request for the stream restoration project. Mr. DeWater stated that the trail clean-up began a month ago, and this week the ruts and wet areas were being filled in with gravel, so that they do not pose a hazard. He stated that one of the priorities for this year would be to install signage with emergency locators that were requested from the fire department.

Mr. DeWater stated that chipping will begin next week. He stated that the Service Department took apart two salt trucks today and a berm box was put on the truck so that berm repairs can be made. Mr. DeWater stated that topsoil work will begin and the storage shed materials will be delivered this week for the poles to be set.


Law Department
Margaret Cannon, Law Director, stated that they are about to close the transaction with WRLC to add the acreage to Forest Ridge. She stated that the grant process is complete, but there are conservation easements related to the grant which she is working to finalize with the WRLC. Mrs. Cannon stated that Council has already approved the transaction; the Village’s commitment to the WRLC was to pay a total not to exceed $500,000.00. She stated that $100,000.00 has already been paid as rent; therefore the remaining $400,000.00 will be paid at the closing.

Mr. Richman asked if the conservation easement in place is similar to the one for the existing acreage. Mrs. Cannon stated that the only difference with the newly acquire parcel of land includes a portion that is intended for more active recreational use, so there are actually two separate easement areas. The easement area closer to the ridge is a more restricted area and the area closer to River Road has more developed uses.

Mayor Renda stated that in June she will presenting the results of the study on the WRLC’s conditional use certificate; the number of times they have had to ask to go over the stated amount and what the events were. She stated that she met with Kathy Obert Hill and Leah Whidden from the WRLC this week. They were very helpful in outlining all the events that they have had since they have moved in to their new headquarters. Many of the events fall well within the conditional use certificate requirements and a few fall outside. Mayor Renda stated that the WRLC are having educational events; Hathaway Brown School students will be there next week and they have also had several educational events for adults as well. She stated that she has asked for a complete list of those events and will provide them to Council. Mayor Renda stated that the WRLC is working very well with the Village and are very responsive to our requests.


Building Department
Greg Potts, Building Inspector, stated that there are currently two homes under construction in Moreland Hills and two homes starting construction in Chagrin Falls Township, which the Village of Moreland Hills regulates by issuing their permits and conducting their inspections. He stated that there are also twenty additions currently under construction.

Mr. Potts updated Council on the situation at the Haas residence. He stated that acting on a tip he received, he visited the Haas residence on Manderly Lane, in November. Mr. Potts stated that he discovered that they had totally remodeled the house, inside and out, as well as putting a rear addition on the house. This work was all done without any permits, registration of contractors, or inspections. Most of the work had been covered up, except for the addition. Mr. Potts stated that he immediately issued a stop work order and the Haas’ were cited through Bedford Court. He stated that they have been to Bedford Court several times already because they keep getting extensions. The hearing is set for May 23rd; however he believes we are in a situation where the courts are waiting for the Village to take action, and the Village is waiting for the courts to take action. Mr. Potts stated that on his initial walk-through, Mr. Haas was very evasive when he asked which areas were new and which areas were existing. He stated that several days later, he located the original drawings for the house, which helped him determine that there was a lot more work done than Mr. Haas had indicated to him. Mr. Potts stated that he requested that a list of contractors that worked on the home be provided to him; Mr. & Mrs. Haas have still not provided said list.

Mr. Potts stated that along with Mayor Renda, Mrs. Lane, Assistant Law Director, and Mr. Incorvaia, Village Prosecutor, he came up with a plan to try to get this situation cleared up, which would be to visit the house and do a walk-through. On the Village’s recommendation, Mr. & Mrs. Haas hired an architect and structural engineer to verify that the work that was done is sound. Mr. Potts stated that he will conduct the walk-through on Monday, April 15th with the following people present: Mr. & Mrs. Haas’ structural engineer, architect, attorney, Ken Fisher, Mr. Haas, and Rick Loconti, Village Electrical Inspector. He stated that after the walk-through, Mr. & Mrs. Haas’ architect and engineer will finalize as-built plans and submit them to the Planning Commission for approval.

Mr. Potts stated that when Mr. & Mrs. Haas had the addition put on their house, it encroached on the side yard setback, which requires a variance. Instead of trying to obtain the variance, the Haas’ submitted plans for a lot split, however the configuration of the lot was an odd shape. Mr. Potts stated that the Village came up with a new lot configuration that would make the lot more uniform and still avoid having to request a variance and it is currently being reviewed by their engineer.

Mr. Potts stated that the exterior maintenance program will be starting soon. There are six properties that are not living up to the Village standards.

Mr. Potts stated that the new point of sale inspection requirement and the vacant home registration in the updated zoning code is starting to be adhered to.


Police Department
Police Chief Canter stated that he has finished going through all the personnel files and has separated and categorized them into the proper folders. He stated that he has asked all the officers to provide any training certificates that were not in their files, so that he can be sure that everyone is up to date on their training. Chief Canter stated that he has received all the departmental surveys that he requested everyone fill out. He stated that he has forwarded the recommendations from the officers to the Mayor for her review. Chief Canter stated that he has instituted a grievance procedure to help improve communication, which was one of main recommendations. This procedure will allow the employee to bring up an issue, within the department, which will force the issue to be discussed as well as having a written record of it. Chief Canter stated that he has also increased training, which was another recommendation. This week, all the officers will be involved in a shooting simulation and driving simulation training course. Chief Canter stated that he has made arrangements for Detective Williams to work with the southeast area narcotics unit. Detective Williams will receive on the job training and techniques which are more beneficial than learning in classroom setting. He stated that Detective Williams will keep in contact with the unit so that he could possibly work a case through with them in the future. Chief Canter stated that he wrote out a department core value concept paper to be added to the new policy and procedures manual that he has also updated. He stated that he is currently working on a draft for a discipline policy in conjunction with the Village employee handbook, which will also be added to the policy and procedures manual.

Chief Canter stated that he has had a chance to get to know some of the officers on a more individual basis by riding along with them and stated that he is hopeful to be able to complete these ride-alongs with every officer by the end of May.

Chief Canter stated that he received a letter from the Orange schools superintendent thanking Sgt. Dietzel and Officer Scolaro for working with the school system on shooter response procedures and for developing plans to work with the school staff regarding what can be expected of them in that type of situation.


Engineering
Mr. Filarski stated that he met today with four representatives from the WRLC as well as Amy Brennan from the Chagrin River Watershed Partners to go over the Forest Ridge stream restoration plan. He stated that after a motion is made tonight to advertise for bids, the contract will be awarded at the next Council meeting. Mr. Filarski stated that the estimated construction amount is within the grant amount that was received.

Mr. Filarski stated that the both the culvert & drainage and the roads programs are being developed for this year, which will be discussed at the next Roads and Safety meeting. He stated that he will ask for the authorization to bid those programs at the next Council meeting. Mr. Filarski stated that the 2012 Sewer Rehab Program will be completed soon and the 2013 Sewer Rehab Program will be starting soon. He stated that he will be receiving informal bids on a few smaller jobs for the next Council meeting.

Mr. Filarski stated that the County will re-surface Chagrin Blvd. at their cost. Legislation for that will be on the next Council agenda.


REPORTS OF COMMITTEES

Board of Zoning Appeals:
Mr. Fritz reported that the Board of Zoning Appeals met on March 25th. He stated that there was only one item on the agenda. ML Tavern appeared seeking an area variance for signage. He stated that that they have worked diligently to reduce their original variance request from 62 sq. ft. down to 32.5 sq. ft. Mr. Fritz stated that the sign is attractive in appearance and in keeping with the neighborhood. He stated that he wanted to mention that letters were sent to the adjacent neighbors and no negative responses were received. Mr. Fritz stated that ML Tavern was granted approval for the signage variance.


Planning Commission:
Mr. Fritz reported that the Planning Commission met on March 25th. He stated that there was nothing out of the ordinary on any of the drawings; a few of them had notes from the architect, which were addressed. Mr. Fritz stated that the pool/patio renovation project on Bernwood may request use of one of the pump station access drives. If that takes place, a bond is required. Mr. Potts stated that they are still interested in using it and Mr. Filarski suggested a $5,000 bond for the use of the road.

Mr. Fritz stated that ML Tavern requested a conditional use certificate for outdoor seating and a patio. He stated that the previous business did have a conditional use for the patio, but it was decided that ML Tavern should seek a conditional use for their specific business. Mr. Fritz stated that the number of seats will be 34, which is the same as the previous tenant. The concern of noise level was discussed. The members were assured that there will not be live music and the patio will be limited to speakers with low-level music and television sets. In addition, there will be curtains around the canopy which will help soften the noise. Mr. Fritz stated that the members did not have any concerns over the threat of excessive noise. He stated that the footprint of the patio will remain untouched, but there will be some minor modifications at the west end as it relates to some existing arborvitae. There were no negative comments received from the neighbors. Mr. Fritz stated that the request from ML Tavern for the conditional use certificate is being presented to Council tonight for approval.

Mrs. Cooper made a motion seconded by Ms. Sturgis to approve the conditional use certificate for ML Tavern, located at 34105 Chagrin Blvd., for an outdoor canopy and seating area.

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


Roads & Safety:
Mr. Buczek reported that the Roads and Safety Committee met on March 25th. He stated that they discussed resident complaints, which will be addressed. Mr. Buczek stated that Chief Canter reported on most items that he reported on tonight as well as informing the committee that additional firing range training will be scheduled, which is above and beyond what is required. New training for the Amber Alert will also be taking place and one officer will be in charge if the need should ever arise to use the Amber Alert.

Mr. Buczek stated that Mr. Filarski has had the culverts inspected under Chagrin Blvd. and one of the three will need to be replaced. He stated that Mr. Filarski gave a cost estimate on changing the grade on SOM Center at Hiram Trail in order to meet the requirements for sight distance, in the amount of 1.24 million dollars. Mr. Buczek stated that the round-about option would only cost $500,000.

Mr. Buczek made a motion seconded by Mr. Richman to allow the Village Engineer to advertise for bids for the Forest Ridge Stream Restoration Project.

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

Mr. Buczek stated that the Service Department is discussing purchasing an automated rubbish truck, similar to the automated recycling truck that they currently have. He stated that the proposed contract with the Chagrin Falls Fire Department was also discussed. The next Roads & Safety meeting is April 22nd @ 7:30am.

Mr. Richman asked Mr. Filarski if County funds would be available for the re-grading project. Mr. Filarski stated that he has not received an answer on that yet.

Mrs. Cooper asked Mr. Filarski if the speed limit would be an issue as it relates to the possible round-about on SOM. Mr. Filarski stated that the purpose of a round-about is to slow traffic down to come into the round-about area. Mayor Renda stated that this is a long term plan.


ORDINANCES AND RESOLUTIONS:

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

Mayor Renda stated that a motion will be made to place this ordinance on second reading since it has been referred to the Planning Commission for a public hearing on April 22nd.

Mr. Richman made a motion seconded by Mr. Fritz to place Ordinance 2013-05 on second reading.

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


Ordinance 2013-06 – Introduced by Mr. Wortzman
an ordinance providing additional appropriations, transferring items already appropriated, and declaring an emergency.

Mr. Wortzman stated that there are four transfers; police & fire levy, police pension fund, water maintenance, and sewage treatment. He stated that there is one amendment to an appropriation for a minimal amount of money.

Mr. Wortzman made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2013-06.

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 Mrs. Cooper for passage of Ordinance 2013-06.

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


Ordinance 2013-07 – Introduced by Mr. Buczek an ordinance authorizing the mayor to enter into an agreement for fire prevention services with the village of chagrin falls and declaring an emergency.

Mayor Renda stated that she would like to refer this to the Committee of the Whole meeting. She stated that since Jim Alunni, Fire Marshal, and Mr. Fritz met this morning and came up with several items of concern in the proposed agreement, she is not entirely sure what is on the table at the moment. Mayor Renda stated that Council members are unaware of it as well. She asked Mr. Alunni if he could come back to the Committee of the Whole so that it can be discussed so that everyone can be on the same page as far as the terms of the agreement. Mr. Buczek made a motion seconded by Ms. Sturgis to refer Ordinance 2013-07 to the Committee of the Whole.

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


Ordinance 2013-08 – Introduced by Mr. Buczek
an ordinance enacting section 331.43, “text messaging while driving,” of chapter 331, “operation generally,” of the codified ordinances of the village of moreland hills, ohio.

Mayor Renda stated that unfortunately, due to an oversight, this was not taken to the Roads and Safety Committee first. She stated that if Council members are comfortable, the texting law can be discussed or they can refer this ordinance to the Committee of the Whole or the Roads & Safety Committee.

Mr. Wortzman asked Mrs. Cannon to what degree the Village texting law can vary from the State law. Mrs. Cannon stated that the State statute has a number of provisions that have caused considerable concern among local communities; the most significant being that the State law does not make texting a primary offense for adults. She stated that an increasing number of communities are making their texting laws a primary offense across the board. Mrs. Cannon stated that if someone is cited under a more stringent local ordinance, they could challenge it; however that has yet to happen.

Mrs. Cooper asked how people would be made aware that the regulations were different. Mrs. Cannon stated that there would be signage stating that texting while driving is a primary offense in Moreland Hills. Mayor Renda stated that Moreland Hills’ law would be cited on the tickets which would enable the Village to receive the revenue from the fines instead of the State.

Chief Canter stated he questions why the State only made it a primary offense for juveniles. He stated that when anyone is texting, they are giving up total control of their car. Chief Canter stated that he believes that the State will eventually copy local laws and make it a primary offense for everyone to text while driving. Mr. Richman stated that he thought it was very well crafted, however he believes that the first degree misdemeanor is too strong versus the minor misdemeanor in the State law. Mayor Renda stated that the reasoning behind the first degree misdemeanor is a timing issue. Cases cannot always appear before the judge so this allows for a longer time frame for that. Mrs. Cannon stated that most typical traffic offenses are first degree misdemeanors. By making it a first degree misdemeanor, it informs people that this is a traffic offense like any other, and therefore should have the same penalty. Mr. Richman asked about putting a warning system in place for a first time offense. Mayor Renda stated that the police officers already make that determination based on the situation and do not need to be micromanaged. Mrs. Cannon stated that in order to get the word out before it goes into effect, when the law his eventually passed, there can be a window of time before it actually goes into effect so that people can be made aware of it beforehand.

Mr. Buczek made a motion seconded by Mrs. Cooper to refer Ordinance 2013-08 to the Roads and Safety Committee.

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


Ordinance 2013-09 – Introduced by Mr. Buczek
an ordinance authorizing the mayor to purchase a 2013 chevrolet tahoe vehicle from byers chevrolet through the state of ohio department of administrative services cooperative purchasing program; waiving competitive bidding and declaring an emergency.

Mayor Renda stated that this ordinance did not go to Roads and Safety only because it just came across her desk yesterday. She stated that Lt. Wyant started researching the replacement of a vehicle and found a very limited number of Tahoe’s through the State. Chief Canter stated that there were only four left as of this morning. Mayor Renda stated that a letter of intent was sent yesterday, however, they really need a purchase order before the Village can actually purchase the vehicle. She stated that this will cover the SUV vehicle listed in this year’s budget. Chief Canter stated that the vehicle being replaced has 119,000 miles, which is not suitable for an emergency vehicle.

Mr. Buczek made a motion seconded by Mr. Fritz to suspend the rules for Ordinance 2013-09.

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


Mr. Buczek made a motion seconded by Ms. Sturgis for passage of Ordinance 2013-09.

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


MISCELLANEOUS BUSINESS:

Ms. Sturgis stated that she has three dates to bring to everyone’s attention. Saturday, April 20th is the Garlic Mustard Pull at Forest Ridge. She stated that the Green Commission, Boys Scouts, Council Members, and residents will participate in this annual process.

On April 24th at 7:00pm there will be a representative from ODNR here giving a presentation for the residents regarding the coyote myths and facts.

Saturday, May 4th is Greening the Hills. There will be a solar panel demonstration and the Cleveland Food Bank will be collecting donations again. Please encourage residents to attend and participate.

Mr. Richman asked Mayor Renda if she inquired about having “President and Mrs. Garfield” attend Greening the Hills. She stated that she has decided not to do that since the Historical Society will be doing that in June, and would not want to step on their toes; they can be invited to the October Greening the Hills.

Mayor Renda stated that after reading Chief Canter’s core values, she thought that having a retreat with Council members to discuss their core values could be very informative and helpful.

Mr. Buczek made a motion seconded by Ms. Sturgis to go into Executive Session at 8:05pm.

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


Mr. Buczek made a motion seconded by Mrs. Cooper to go into public session and adjourn the meeting at 8:40 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 8:40p.m.

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