Council Meeting Minutes - July 14, 2010

The Council Meeting of the Village of Moreland Hills was called to order by Mayor Susan Renda at 7:10 p.m.

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

ALSO PRESENT: Mayor Susan Renda, Law Director Margaret Cannon, Assistant Village Engineer Mike Henry, Building Commissioner Greg Potts, Service Department Director Ted DeWater and Clerk of Council Catherine Peters.


Mr. Buczek made a motion seconded by Mr. Stanard to approve the Council Meeting Minutes of June 9, 2010.

ROLL CALL:
AYES: Buczek, Cooper, Richman, Stanard, Sturgis, Wortzman.
NAYS: None
ABSTENTION:
Motion carried.



PUBLIC HEARING

Mayor Renda opened the Public Hearing for Ordinance 2010-54 Amending Existing Section 1127.021, Residential Open Space Conservation District of the Village of Moreland Hills at 7:12 p.m.

Law Director Margaret Cannon addressed the audience, explaining that this ordinance had been placed on First Reading by Council and referred to the Planning Commission for its recommendation. The Planning Commission recommended the proposed zoning change to Council and Council placed it on Second Reading. The Public Hearing was held to conform to Charter requirements and to allow any interested person to be heard with respect to Ordinance 2010-54. The Law Director additionally noted that Council will meet to consider the ordinance a third time on July 22nd so that if adopted it can be certified by August 3rd and placed on the November ballot.

Mayor Renda addressed the audience and asked for questions. Numerous residents responded with the following questions which the Law Director answered as follows:

What type of recreational use change would there be with the amended zoning change?

The current zoning allows for cluster homes only. The amended zoning would allow for parks or facilities used by governmental or nonprofit entities dedicated to land conservation and preservation.

Would baseball fields be allowed under the amended zoning change?

That is not Council’s intent. They will amend the ordinance to make that prohibition clear.

Is a church or mosque permissible under the amended zoning change?

No, that is not the intent of the zoning change. It is for entities dedicated to land preservation and maintenance.

Can any government agency acquire property or is it only for Moreland Hills?

Any government agency can appropriate land at any time. This zoning change will not affect that nor will it weaken our zoning.

Is a casino permissible under the recreational description?

No. Casinos do not fit the definition of nonprofit nor are they dedicated to land preservation.

Is it possible to be more specific with the definition “recreational” space?

Mrs. Cannon explained that Mr. Buczek had suggested changes to clarify that issue. The amended ordinance will be on the website tomorrow.

“Open Space” needs more definition.

Mrs. Cannon explained that “open space” is intended to cover a variety of recreational uses, but is not intended primarily for organized sports.

Would Planning Commission be able to set conditions of use for the U-4 District?

Yes, both Planning Commission and Council would be able to attach conditions to a conditional use permit.

At what point would “conditional use” become public?

Private property will remain private. Open space does not have to be public space.

Is there a significant difference between nonprofit and not-for-profit?

The Law Director stated that she would research that issue and report back to Council.

There were no more comments or questions. The Mayor declared the public meeting closed at 7:55 p.m.


REPORTS AND COMMUNICATIONS FROM THE MAYOR

Mayor Renda reported that Green Commission members and Council Clerk will be sworn in at the August Council Meeting.


REPORTS OF COMMITTEES

There were no reports from committees this month.


ORDINANCES AND RESOLUTIONS

*Ordinance 2010-7 was introduced by Mr. Wortzman. An Ordinance for the payment of the bills in the month of July in the amount of $ 440,147.69 and declaring an emergency.

Mr. Wortzman explained that Item #42 represents the yearly HAZMAT Response Team’s dues and Item #48 represents Moreland Hills’ share of the replacement cost for the Creekside Waste Water Treatment Plant.

Mr. Wortzman made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-7.

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


Mr. Wortzman made a motion seconded by Ms. Sturgis for passage of Ordinance 2010-7.

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


*Ordinance 2010-54 was introduced by Ms. Cooper. An Ordinance Amending Existing Section 1127.021 Residential Open Space Conservation District, of Chapter 1127 of the Codified Ordinances of the Village of Moreland Hills, to authorize as conditional uses in the district, recreational space and facilities used by not-for-profit, governmental, or similar entities, dedicated to preserving, maintaining, and managing open space in the district and declaring an emergency.

Mr. Wortzman made a motion seconded by Mr. Richman to amend section (j) of proposed Section 1127.021 to add the language at the end of section (j)(1) “used by not-for-profit, governmental, or similar entities, dedicated to open space maintenance, preservation, education, and management.” and to add a sentence at the end of section (j):

Such uses or facilities shall not include recreational facilities developed primarily for use for organized sports, such as tennis courts or athletic fields.”

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


Ms. Cooper made a motion seconded by Mr. Buczek to place proposed Section 1127.021 as amended on second reading.

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


*Ordinance 2010-55 was introduced by Mr. Buczek. An Ordinance authorizing the Mayor to enter into a second amendment with R.E. Warner & Associates, Inc. to provide for a decrease in the not-to-exceed amount of the construction administration services and a shortened completion schedule, and declaring an emergency.

Mr. Buczek explained that this ordinance is the result of a reduction in the amount of time it will take to complete the service department improvements.

Mr. Buczek made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-55.

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


Mr. Buczek made a motion seconded by Mr. Stanard for passage of Ordinance 2010-55.

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


*Resolution 2010-56 was presented by Mr. Wortzman. A resolution adopting the alternative tax budget of the Village of Moreland Hills for the Fiscal Year 2011 and declaring an emergency.

Mr. Wortzman explained that the tax budget is submitted annually.

Mr. Wortzman made a motion seconded by Mr. Stanard to suspend the rules for Resolution 2010-56.

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


Mr. Wortzman made a motion seconded by Mrs. Sturgis for passage of Resolution 2010-56.

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


*Ordinance 2010-57 was presented by Mr. Wortzman. An Ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mr. Wortzman noted that this is a housekeeping issue.

Mr. Wortzman made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-57.

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


Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2010-57.

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


*Ordinance 2010-58 was introduced by Mr. Buczek. An Ordinance authorizing the Mayor to accept a sanitary force main easement from the City of Pepper Pike for the purposes of constructing, installing, maintaining, repairing, and replacing a sanitary force main upon the terms and conditions of the “Creekside Pump Station and Force Main Joint Municipal Improvement Project Agreement” entered into by the Village and the City of Pepper Pike, authorizing the award of the contract, and declaring an emergency.

Mr. Buczek made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-58.

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


Mr. Buczek made a motion seconded by Ms. Cooper for passage of Ordinance 2010-58.

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


*Ordinance 2010-59 was introduced by Mr. Buczek. An ordinance authorizing the Mayor to enter into a contract with DDD Enterprises, Inc. In an amount not to exceed four hundred ninety-six thousand five hundred fifty dollars ($496,550.00) for the Farwood Drive-Fircrest Lane water main replacement and declaring an emergency.

Mr. Buczek explained that upon completion the City of Cleveland Water Department will reimburse the Village of Moreland Hills for the cost of the project.

Mr. Buczek made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-59.

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


Mr. Buczek made a motion seconded by Mrs. Cooper for passage of Ordinance 2010-59.

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


*Ordinance 2010-60 was introduced by Mr. Stanard. An ordinance authorizing the Mayor to enter into a contract with Ronyak paving in an amount not to exceed three hundred ninety thousand three hundred forty-seven dollars and fifty cents ($390,347.50) for the 2010 Asphalt Pavement Program and declaring an emergency.

Mr. Stanard explained that the ordinance was for the annual street and pavement repair.

Mr. Stanard made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-60.

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


Mrs. Cooper asked which streets would be done and Mr. Henry advised that a letter would be sent to the Mayor with a list of the street names.

Mr. Buczek made a motion seconded by Mr. Stanard for passage of Ordinance 2010-60.

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


*Ordinance 2010-61 was introduced by Mr. Wortzman. An ordinance extending a contract with the Ohio Mid Eastern Regional Education Service Agency (“OME-RESA”) for renewal of a health benefits program for Village employees, waiving competitive bidding and declaring an emergency.

Mr. Wortzman advised that this is a contract for the renewal of the Village’s group health insurance program for employees and will be discussed at the next Finance Meeting. Mr. Aaron Marinelli of Chapman & Chapman was introduced and provided a summary on alternatives for the Village’s health insurance program. The Mayor commented on the current Employees Wellness Program that has been implemented to help increase the awareness of healthy life-styles and the high level of employee participation. The Benefits Committee will meet soon to review ways of restructuring the plan to save money.

Mr. Wortzman made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-61.

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


Mr. Wortzman made a motion seconded by Ms. Sturgis for passage of Ordinance 2010-61.

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


*Ordinance 2010-62 was introduced by Mayor Renda. An ordinance authorizing the Mayor to enter into an agreement with Clemans Nelson & Associates, Inc. for the provision of human resource services for a one year period, waiving competitive bidding and declaring an emergency.

Mayor Renda explained that this contract was being entered into to set up various policies and procedures for the Village.

Mr. Stanard made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-62.

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


Mr. Stanard made a motion seconded by Ms. Cooper for passage of Ordinance 2010-62.

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


Miscellaneous Business

Mayor Renda noted that there would be a Special Meeting on Thursday, July 22, 2010 at 7:00 p.m. in Village Hall to consider the final version of Ordinance 2010-54 and a Change Order for the Service Facility.

Mr. Wortzman made a motion seconded by Mrs. Cooper to adjourn the July 14, 2010 meeting at 9:30 p.m.

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


ATTEST: 
Catherine Peters Clerk of Council
Steve Richman President of Council