Council Meeting Minutes - May 11, 2011

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

ROLL CALL: Mr. Stanard, Ms. Sturgis, Mr. Buczek, Mrs. Cooper, Mr. Wortzman, Mr. Richman.

Also Present: Mayor Renda, Law Director Margaret Cannon, Village Engineer Jeff Filarski, Building Inspector Greg Potts, Police Chief Tom Flauto, Clerk of Council Julie Miller, Service Director Ted DeWater.


Mr. Stanard made a note for correction to the April 13th, 2011 minutes on page 9. The suspension of the rules did not have a motion carried due to a lack of quorum. “Motion Carried” needs to be stricken from the minutes for suspension of the rules for Ordinance 2011-29 and replaced with “Motion Not Carried”.

Mr. Richman made a motion seconded by Mr. Stanard to approve the minutes of April 13, 2011, as amended.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Buczek, Mrs. Cooper, Mr. Richman. Abstentions: Mr. Wortzman
NAYS: None
Motion carried.


REPORT FROM THE MAYOR

Mayor Renda read and presented a Proclamation to Chief Flauto declaring May 15th Police Officers Memorial Day. Mayor Renda stated that this was passed by Congress and the President. She stated that the ceremony in Washington D.C. is very organized and somber. She stated that she was pleased to honor the Police Department of Moreland Hills as they are a very well trained and responsive Police Department.


REPORTS OF COMMITTEES

Service Committee
Mr. Stanard reported on the Service Committee. He stated that they met on April 25th. The chipping program was discussed, and April chipping is complete. He stated that there was an ordinance on the agenda for the purchase of a pick-up truck for the Service Department. He stated that the loader went in for repairs. He stated that the 2011 asphalt program ordinance is on the agenda. Purchase of road salt is also on the agenda for this evening.

Planning Commission
Mrs. Cooper reported on the Planning Commission. She stated that the Commission met on April 25th. She stated that the minutes from that meeting were included in the Council packet. She stated that the variance for the side yard is on this evening’s agenda. She stated that Mr. Farley was selling plants at the old BP station and that he had complied with all of the requirements that the Planning Commission had put in the similar-use permit. Mrs. Cooper stated that Moreland Hills Elementary had come before Planning Commission seeking aesthetic approval of new skylights in the gymnasium. The next Planning Commission meeting is May 23rd at 5:00 p.m.

At this time Mayor Renda asked Mrs. Cooper to introduce the Deioma Variance at 35 Greentree Road.


APPROVAL OF BONDS, CONTRACTS, PLATS, ETC.

Mrs. Cooper stated that she had photos and plans, and she handed them out at this time. The variance is for a side yard set back due to an addition. The approval date for the original house at 35 Greentree is unknown, so we do not know the side yard setback in effect at that time. There is an ordinance now that says it must be 35 feet. The addition will be 25.5 feet from the property line. There has been a line survey done. Mrs. Cooper asked the Deioma’s if they had talked to the neighbors on that side. The Deiomas said they had and that they had the Nichol’s blessing on the addition.

Mrs. Cooper made a motion seconded by Mr. Richman to approve the variance at 35 Greentree Road for a 9 foot 6 inch side yard set back variance for the existing structure and the addition.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Safety Committee
Mr. Buczek reported on the Safety Committee. He stated that the April meeting was cancelled and that the next meeting would be held May 23rd at 8:00 a.m.

Buildings and Grounds Committee
Mr. Richman reported on the Buildings and Grounds Committee. He stated that they did not meet in April and that the next meeting would be held May 25th at 7:45 a.m.

Utilities Committee
Ms. Sturgis reported on the Utilities Committee. She stated that they met on April 25th. She stated that the emergency generator needed to be repaired and the repair was completed. She stated that the waste water treatment plants were all operating properly. She stated that Woodland Glen and Jackson Valley plants were both running well. There was a force main that ruptured underground and it was restored within one day. The Plant Abandonment Project continues to move along. The NEORSD will be coming to speak to residents concerning the ruling by Judge Pokorny, giving them the authority to charge residents for storm water management. Margaret Cannon stated that this was a partial summary judgment. There could still be an appeal. Mr. Mearns was appointed as the third party mediator. Ms. Sturgis stated that on the agenda this evening is the storm water ordinance and a sediment ordinance.

Finance Committee
Ms. Sturgis reported on the Finance Committee. She stated that there was not an official meeting in April. She stated that at the Committee of the Whole, the Mayor asked Ms. Sturgis to help form a Mayoral Advisory Committee to assess the employee healthcare coverage.


ORDINANCES AND RESOLUTIONS

Ordinance 2011-5 for the payment of bills in the month of May in the amount of $ 297,704.65 and declaring an emergency was introduced by Ms. Sturgis.

An updated copy of the bills with descriptions was handed out to all members of Council.

Ms. Sturgis made a motion seconded by Mr. Stanard for suspension of the rules.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Ordinance 2011-5.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2011-29 enacting a new section 153.21 “Village Campus-Wide Smoke Free Policy” of Chapter 153 “Employees Generally” of Title One – Administrative Code of the Village of Moreland Hills and declaring an emergency. (Second Reading)

Mayor Renda introduced the ordinance. She stated that she was advised by the healthcare administrator that the two changes that can be made to reduce health risks and insurance costs is for a person to address obesity and smoking. She stated that health insurance costs go up approximately $3000.00 a year for a smoker versus a non-smoker. She stated that the breaks that smokers take amount to almost 3 weeks extra time off / vacation.

Ms. Sturgis made a motion seconded by Mrs. Cooper for suspension of the rules for ordinance 2011-29.

ROLL CALL:
AYES: Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: Mr. Stanard
Motion Carried


Mr. Buczek made a motion seconded by Mr. Richman for passage of ordinance 2011-29.

Mr. Stanard asked if campus could be defined further. Margaret Cannon stated that the second paragraph defines campus. Mr. Stanard asked if residents are allowed to smoke on the campus. Margaret Cannon stated that they are allowed. Mr. Stanard stated that he felt that the wording “to provide a healthy and clean environment” infers that smokers are unhealthy and unclean. Mr. Stanard stated that when an employee was hired as a smoker who smoked on the property to begin with, and to take away that right, is a breach of contract. Mr. Stanard stated that it is legal at the age of 18 to buy a pack of cigarettes at the corner gas station, but the right to smoke those cigarettes is being taken away.

In response, Margaret Cannon stated that the critical part of the ordinance is the banning of smoking on Village Campus.

Mrs. Cooper pointed out that employees are still allowed to smoke in their cars with the windows rolled up.

Mr. Buczek stated that in some large cities, such as New York City, there is a smoking ban in parks, etc.

ROLL CALL:
AYES: Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: Mr. Stanard
Motion Carried


Ordinance 2011-35 providing additional appropriations, transferring items already appropriated and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that this is a general housekeeping item.

Ms. Sturgis made a motion seconded by Mr. Buczek for suspension of the rules for ordinance 2011-35.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ms. Sturgis made a motion seconded by Mr. Buczek for passage of ordinance 2011-35.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2011-36 amending existing Section 705.05l alarm user responsibility; false alarm, of Chapter 705 of the Codified Ordinances of the Village of Moreland Hills, to provide for the issuance of a notice of false alarm determination and to provide for false alarm fees and declaring an emergency was introduced by Mayor Renda.

Mayor Renda stated that this ordinance should be put on first reading so that the Village Prosecutor could review it.

Mr. Buczek made a motion seconded by Mrs. Cooper to put this ordinance on first reading.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2011-37 authorizing the Mayor to purchase a full-size Ford F-350 Pickup, through the State of Ohio Department of Administrative Services Cooperative Purchasing Program, at a cost not to exceed twenty-five thousand three hundred seven dollars and forty-one cents ($25,307.41); waiving competitive bidding and declaring an emergency was introduced by Mr. Stanard.

Mr. Stanard stated that this pickup is a valuable tool for the Service Department and that the Service Director got a super deal on this truck.

Mr. Stanard made a motion seconded by Mr. Buczek for suspension of the rules for ordinance 2011-37.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Stanard made a motion seconded by Mrs. Cooper for passage of ordinance 2011-37.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2011-38 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 2011-2012 through the State of Ohio Department of Transportation’s contract for sodium chloride; waiving competitive bidding and declaring an emergency was introduced by Mr. Stanard.

Mr. Stanard stated that time is of the essence for this purchase, as some municipalities have waited for better prices and lost out on buying at all and had to buy salt from out of the country at a much higher rate.

Mr. Stanard made a motion seconded by Mrs. Cooper for suspension of the rules for ordinance 2011-38.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Stanard made a motion seconded by Mr. Buczek for passage of ordinance 2011-38.

Mr. Richman asked Mr. DeWater how the estimate of the tonnage is figured. Mr. DeWater stated that he takes a couple of year’s usage and averages it.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2011-39 amending Chapter 1355, Comprehensive Storm Water Management, of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1355 of the Codified Ordinances and declaring an emergency was introduced by Mr. Wortzman.

Mr. Wortzman stated that this ordinance is the result of Federal regulations. He stated that flooding is a threat to property and management of storm water lessens flood damage. He stated that as a member of Chagrin River Watershed Partners, there has to be established standards and principles. Mr. Filarski clarified that this meets our needs and the Ohio EPA standards.

Mr. Wortzman made a motion seconded by Mr. Stanard to suspend the rules for ordinance 2011-39.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Richman passed out information about storm water management to all Council members that he had printed out from the internet.

Mr. Wortzman made a motion seconded by Mr. Richman for passage of Ordinance 2011-39.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2011-40 amending Chapter 1349, Erosion and Sediment Control, of the Codified Ordinances of the Village of Moreland Hills, repealing existing Chapter 1349 of the Codified Ordinances and declaring an emergency was introduced by Mr. Wortzman.

Mr. Wortzman stated that this is to comply with EPA regulations. He stated that the reasons for the ordinance are very well stated in the first paragraph.

Mr. Wortzman made a motion seconded by Mr. Stanard for suspension of the rules for Ordinance 2011-40.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Wortzman made a motion seconded by Mr. Richman for passage of Ordinance 2011-40.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Resolution 2011-41 establishing the Powering Our Communities Grant Fund and declaring an emergency was introduced by Mayor Renda.

Mayor Renda stated that one of the requirements of this grant is that there be separate fund for these monies to make the accounting transparant. If this fund was not set up, the Village would lose the money.

Mr. Richman stated that kudos should go out to all who had participated in finding areas that could be improved and applied to this grant.

Ms. Sturgis made a motion seconded by Mr. Buczek for suspension of the rules for Resolution 2011-41.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ms. Sturgis made a motion seconded by Mr. Richman for passage of Resolution 2011-41.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Ordinance 2011-42 authorizing the Mayor to enter into a contract with Specialized Construction, Inc. in an amount not to exceed one hundred sixty-seven thousand four hundred sixty two dollars ($167,462.00) for the 2011 Asphalt Pavement Maintenance Program and declaring an emergency was introduced by Mr. Stanard.

Mr. Stanard stated that there had been competitive bidding. He stated that there were four bids and that the amounts were very close.

Mr. Stanard made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2011-42.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Stanard made a motion seconded by Mrs. Cooper for passage of Ordinance 2011-42.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Miscellaneous Business:

Mayor Renda stated that she had walked Forest Ridge with Mr. Fritz to prepare for the Garlic Mustard Eradication on Saturday May 14th. She stated that the weather was not looking good, but she would re-evaluate on Friday.

Mr. Richman stated that he wanted to remind Council Members about the discussion for the Appreciation Dinner to come up with a definite date, etc.

At 8:40 p.m. Mrs. Cooper made a motion seconded by Mr. Wortzman to go into Executive Session for the purpose of discussing pending litigation.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Mr. Buczek made a motion seconded by Mrs. Cooper to go out of Executive Session.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried

Mr. Buczek made a motion seconded by Mrs. Cooper to adjourn the Council Meeting at 9:30 p.m.

ROLL CALL:
AYES: Mr. Stanard, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


Meeting adjourned at 9:30 p.m.

ATTEST: 
Julie Miller Clerk of Council 
Steve Richman President of Council