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Council Meeting Minutes - June 11, 2008


The Council Meeting of the Village of Moreland Hills was called to order by Mayor Renda at 7:04 p.m.

PRESENT AT ROLL CALL: Mr. Richman, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Newman.

ALSO PRESENT: Mayor Susan Renda, Law Director Margaret Cannon, Engineer Jeff Filarski, Building Commissioner Greg Potts, Service Director Ted DeWater, Police Chief Tom Flauto, Clerk of Council Mary Catherine Bosley.


A motion was made by Mr. Buczek seconded by Mr. Wortzman to approve the Council meeting minutes of May 14, 2008.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Newman
NAYS: None
ABSTAIN: Cooper
Motion carried.


REPORTS OF COMMITTEES

Utilities
Mr. Buczek reported that the committee met to discuss the City of Cleveland Water Agreement. They concluded that it is beneficial for the Village. Mr. Richman addressed two lingering issues; first whether verification was received regarding the waterlines on Farwood and Aspenwood. Farwood is eligible for the project, however Aspenwood is not due to the recent paving in 2004. Mr. Richman?s second issue was the fact that there is no guarantee that the City of Cleveland will continue to provide funding (the initial funding has been spent or committed) for water main replacement projects, and if it fails to fund during the first 15 years, the Agreement would still be in place, including the revenue sharing obligations. He suggested an amendment to allow the Village to terminate if funding would cease. Law Director Cannon confirmed that this issue was brought up when the Agreements were initially drafted, but agreement could not be reached to allow a municipality to terminate if funding would cease. Mr. Newman expressed that the potential benefits seem to outweigh the more remote possibility of lack of funding. Mayor Renda noted that the revenue sharing would only happen if a Cleveland business came into Moreland Hills. Margaret Cannon stated it has to be an existing business that re-locates from Cleveland to Moreland Hills, not a new business.

Village Engineer, Jeff Filarski, is looking at the Jackson Valley Waste Water Treatment Plant and alternative options. The next meeting is Thursday, June 12 at 8:30am.


Building & Grounds
Mr. Buczek reported that the committee met and recommended awarding PK Wadsworth the Village?s heating and cooling contract for this year.

Safety Committee
Mr. Richman reported that the committee minutes recap the meeting. He thanked Chief Flauto for always ending the safety committee meetings with the open offer to take suggestions for the next meeting.

Service Committee
Mrs. Cooper reported that the committee minutes recap the meeting. She encouraged everyone to attend the Recycle Midwest presentation with Mr. Richard Bole on Thursday, June 19 from 7-8pm.

The Chagrin Blvd. Slope Stabilization Instability project is underway. CEI will perform equipment changes for Moreland Hills at no charge. The next Service Committee meeting is Thursday, June 26 at 8:00am.


Finance
Mr. Wortzman reported that the Alternative Tax Budget, which is on the agenda, serves as a basis for distributions of property taxes.

The staff compensation study is underway. The Cleveland State University Urban Affairs Department along with a community study is being used as a tool for this survey.

The annual audit will begin in July.


Planning Commission
Mr. Newman reported that the Planning Commission had a training session conducted by Margaret Cannon, Law Director, on June 4. This training was very informative and useful.

Mr. Newman reported that the Jeckering Residence is requesting a front setback variance due to the hillside on their property at 150 Miles Road.

A motion was made by Mr. Newman seconded by Mrs. Cooper to grant a 70 foot front setback variance to 150 Miles Road.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


ORDINANCES AND RESOLUTIONS

*Ordinance 2008-6 introduced by Mr. Wortzman. An Ordinance for payment of the bills in the month of June in the amount of $279,453.06.

A motion was made by Mr. Wortzman and seconded by Mr. Buczek to suspend the rules for Ordinance 2008-6.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


A motion was made by Mr. Wortzman and seconded by Mr. Buczek for passage of Ordinance 2008-6.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


*Resolution 2008-50 introduced by Mayor Renda. A Resolution urging the amendment of existing law regulating exploration, drilling and operation of oil and gas wells to permit effective local participation in the regulation of oil and gas wells and protection of their citizens.

Mayor Renda explained that many communities in the Chagrin Valley area have been experiencing gas well drilling and facing many safety issues. This resolution is in support of protecting the residents and community.

A motion was made by Mr. Richman seconded by Mr. Buczek in support of Resolution 2008-50.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


*Resolution 2008-51 introduced by Mayor Renda. A Resolution in support of the Clean Ohio Fund.

Mayor Renda explained that this resolution will help with brown fields and abandoned gas stations and cleaning up certain areas.

A motion was made by Mr. Buczek seconded by Mr. Richman in support of Resolution 2008-51.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


*Ordinance 2008-52 introduced by Mr. Newman. An Ordinance amending part five, general offenses code, by enacting Section 521.14, of Chapter 521 of the Codified Ordinances of the Village of Moreland Hills, “Weeds and Grass”, and declaring an emergency.

Mr. Newman explained that this will not be a landscape service but something that the Village can do in order to control areas that begin to look run down.

A motion was made by Mr. Newman seconded by Mrs. Cooper to suspend the rules for Ordinance 2008-52.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


A motion was made by Mr. Newman seconded by Mr. Buczek for passage of Ordinance 2008-52.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


*Resolution 2008-53 introduced by Mr. Wortzman. A Resolution adopting the alternative tax budget of the Village of Moreland Hills for the fiscal year 2009 and declaring an emergency.

A motion was made by Mr. Wortzman seconded by Mr. Buczek to suspend the rules for Resolution 2008-53.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


A motion was made by Mr. Wortzman seconded by Mrs. Cooper for passage of Resolution 2008-53.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


*Ordinance 2008-54 introduced by Mr. Wortzman. An Ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

A motion was made by Mr. Wortzman seconded by Mr. Buczek to suspend the rules for Ordinance 2008-54.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.

A motion was made by Mr. Wortzman seconded by Mrs. Cooper for passage of Ordinance 2008-54.


*Ordinance 2008-55 introduced by Mrs. Cooper. An Ordinance authorizing the Mayor on behalf of the Village of Moreland Hills to participate in the Ohio Department of Transportation Cooperative Purchasing Program and declaring an emergency.

A motion was made by Mrs. Cooper seconded by Mr. Buczek to suspend the rules for Ordinance 2008-55.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


A motion was made by Mrs. Cooper seconded by Mr. Buczek for passage of Ordinance 2008-55.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


*Ordinance 2008-56 introduced by Mr. Newman. An Ordinance amending existing Section 1127.04, ?Existing Nonconforming Buildings and Uses?, of Chapter 1123 of the Codified Ordinances of the Village of Moreland Hills, to clarify the regulation of nonconforming lots within the Village of Moreland Hills and declaring an emergency.

Margaret Cannon explained that the Village has an ordinance for nonconforming buildings but it is not written clearly for nonconforming lots. This ordinance clarifies nonconforming buildings and nonconforming lots.

A motion was made by Mr. Newman seconded by Mrs. Cooper to suspend the rules for Ordinance 2008-56.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


A motion was made by Mr. Newman seconded by Mrs. Cooper for passage of Ordinance 2008-56.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


*Ordinance 2008-57 introduced by Mr. Wortzman. An Ordinance amending existing Section 951.02, Special Service Pick-Ups, of Chapter 951 of the Codified Ordinances of the Village of Moreland Hills, to reduce the deposit amount required and declaring an emergency.

Mr. Wortzman explained that the Village rents a dump truck out for residents to dispose of items. There was a deposit fee and a charge however, the Village is reducing the deposit fee to include the total charge. This will be a one time payment.

A motion was made by Mr. Wortzman seconded by Mr. Buczek to suspend the rules for Ordinance 2008-57.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


A motion was made by Mr. Wortzman seconded by Mr. Buczek for passage of Ordinance 2008-57.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


*Ordinance 2008-58 introduced by Mrs. Cooper. An Ordinance authorizing the Mayor to Purchase a Minimum of 50 Percent up to a Maximum of 150 percent of the Estimated Salt Tonnage Requirements of the Village of 2008-2009 through the State of Ohio Department of Transportation?s Contract for Sodium Chloride; Waiving Competitive Bidding and declaring an emergency.

A motion was made by Mrs. Cooper and seconded by Mr. Buczek to suspend the rules for Ordinance 2008-58.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


A motion was made by Mrs. Cooper seconded by Mr. Buczek for passage of Ordinance 2008-58.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


*Ordinance 2008-59 introduced by Mayor Renda. An Ordinance amending existing section 123.01, posting places designated, of Chapter 123 of the codified ordinances of the Village of Moreland Hills to change the method of posting ordinances, resolutions, statements, orders, proclamations, notices and reports and declaring an emergency.

Mayor Renda explained that the Village will post all of the above documents on it?s website http://www.morelandhills.com/ each month. There will be paper copies available at Village Hall. The documents will not be posted around the Village anymore. This is another measure the Village is taking towards being ?green? and saving on paper.

A motion was made by Mr. Newman seconded by Mrs. Cooper to suspend the rules for Ordinance 2008-59.

ROLL CALL:
AYES: Richman, Wortzman, Cooper, Newman
NAYS: Buczek
Motion carried.


A motion was made by Mr. Buczek and seconded by Mr. Newman to place Ordinance 2008-59 on first reading.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


*Ordinance 2008-60 introduced by Mr. Buczek. An Ordinance authorizing the mayor to execute an amendment to the Water Service Agreement for Direct Service, an Asset Transfer Agreement, and a Joint Economic Development Zone (JEDZ) Agreement with the City of Cleveland and declaring an emergency.

Mr. Buczek mentioned in his Utilities Committee report that the Village will benefit from this agreement and he recommends entering into this agreement with the City of Cleveland.

A motion was made by Mr. Buczek and seconded by Mrs. Cooper to suspend the rules for Ordinance 2008-60.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Cooper, Newman
NAYS: None
Motion carried.


A motion was made by Mr. Buczek and seconded by Mrs. Cooper for passage of Ordinance 2008-60.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Newman
NAYS: Richman
Motion carried.

Mr. Richman explained that his ?No vote? should not to be interpreted as a reflection on the Agreement, overall, which he supports, but on the fact that there is no early termination provision prior to 15 years if funding would ever cease. He expressed the hope that at some time in the future such an amendment would be possible.


MICELLANEOUS BUSINESS

Resident Erin Dweik was present and is concerned with the EMS response times in Moreland Hills. Mrs. Dweik?s son needed emergency attention and it took EMS 15 minutes to arrive, then 10 more minutes to get to the hospital. Mrs. Dweik said the police didn?t realize this was a life threatening emergency. Mrs. Dweik offered to conduct an in-service for the police department and would like a response back from Mayor Renda regarding this issue.

Resident Erin Dweik was also present for a friend regarding the corner property at Wiltshire and Chagrin Blvd. She is concerned about all of the play ground equipment in their yard. It is an eye sore and can something be done? Mr. Potts addressed this issue with the resident and will again.

Resident Ronda Goldfarb was present and asked how the Village gets paid regarding the tall grass and weeds ordinance? Mayor Renda explained that this will be billed to the resident and if it is not paid it will go on a lien against their taxes. It will become very costly to those who use it and not become a landscape service. The beds will not be maintained.

Mrs. Cooper reminded everyone to attend the Recycle Midwest presentation June 19 from 7-8pm. Mrs. Cooper thanked the Village for the new nameplates.

A motion was made by Mr. Buczek seconded by Mrs. Cooper to adjourn the Council Meeting of June 11, 2008.


Adjourned 8:00 pm



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