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Council Meeting Minutes - August 14, 2013


The Council meeting was called to order at 7:05 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; Police Chief Canter, Margaret Cannon, Law Director, Jeff Filarski, Village Engineer, Prashant Shah, Village Treasurer, Dave Strichko, Building Inspector, Sherri Arrietta, Clerk of Council


Mrs. Cooper made a motion seconded by Mr. Buczek to approve the minutes of the Regular Council Meeting of July 10, 2013.

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


Mayor Renda stated that there are many distinguished guests here tonight. She stated that she and State Representative Marlene Anielski are going to honor the residents who participated in the 2013 National Senior Games. Mayor Renda stated that she is going to introduce each of them and talk a little bit about each of them: Walter and Marilyn Peckinpaugh; Walter (70) played in the tennis mixed and tennis doubles event and did very well in both. His wife Marilyn helped co-chair the organization of the tennis events. Susan Clark (64) participated in the mixed doubles and women’s doubles tennis events. Connie Kochert (56) participated in archery as did her husband Richard Kochert (55). Richard also participated in pole vaulting. Mayor Renda congratulated all the participants on pursuing their dreams. Jane Geisse Walter Emerman, and Marc Leizman were not able to attend the meeting tonight.

At this time, Marlene Anielski, State Representative for the 6th District addressed Council. She stated that the National Senior Olympic Games had 11,000 athletes competing from around the Country. The fact that Moreland Hills had 6 athletes compete, with several of them medaling, is quite an accomplishment. State Representative Anielski congratulated the athletes on their accomplishments. At this time, Mayor Renda and State Representative Anielski presented each athlete with a proclamation.


Reports from the Mayor & Other Municipal Officials

Mayor Renda reported that she has signed an agreement to sell the Hiram Trail property for $377,000 cash.


Police Department
Chief Canter reported that the military vehicle that the Police Department purchased is having a few modifications made to it (making it a 4-door vehicle). The Green Road Armory will be doing the work, at no cost to the Village. He stated that he met the new Bentleyville Chief of Police. Chief Canter reported that Officer Jim Sekarek will retire effective August 31st. He stated that he has conducted interviews and has had the psychological evaluations done on two candidates; both were recommended by the psychiatrist. The inventory of the evidence room is complete and he will need to obtain a court order to dispose of old items. Chief Canter stated that he will be attending a meeting at the new dispatch facility on the 20th.


Law Department
Mrs. Cannon stated that a revised copy of Resolution 2013-41 was handed to each Council member prior to the meeting. The revised copy contains the names of the board members as well as the date of the meeting. She stated that the agenda was amended to add a piece of legislation authorizing the Village to reject the sole bid for the Skyline Drive property. Mrs. Cannon stated that Mr. Kasdan, the bidder, was advised that it would be required that this lot be consolidated with his existing lot, adjacent to this property. Mr. Kasdan declined to do that because he did not want to incur the expense of the survey and the creation of the lot split and consolidation plat. Mrs. Cannon stated that Mr. Incorvaia, Village Prosecutor, discussed with Mr. Kasdan how the Village could meet its goal to not have a structure built on this property, since Mr. Kasdan would have sufficient acreage to consolidate with his existing lot and re-split it into two different parcels. She stated that Mr. Kasdan spoke to her just prior to the meeting and agreed to a deed restriction that no structure could ever be built upon this property. Unless he agrees to that deed restriction and it is imposed at the time of closing, then we will reject his bid.

Mrs. Cannon stated that two Moreland Hills Police Officers have been subpoenaed for the criminal trial of Chief Flauto which was originally scheduled to start today. The trial has been deferred to an as yet unknown date but we do anticipate that our officers will still be required to testify.


Engineering
Mr. Filarski introduced Dave Strichko who will be the Village’s new building inspector, through MBIS. Mr. Strichko is a certified commercial and residential building inspector. He just joined MBIS last week from the Lake County Building Department. Mr. Strichko stated that he has been with Lake County for six years, the last 4 of those years as the Assistant Building Official. He stated that there are 26 jurisdictions in Lake County; 22 of which he is responsible for. Mr. Strichko stated that he has handled a variety of duties from zoning, building, complaints, and small and large construction. He stated that he has been involved with construction since he was young.


Service Department
Mr. DeWater reported that two Durangos were sold at Greater Cleveland Auto Auction; one for $4100.00 and the other for $4200.00. He stated that he may check out a new auction site to sell the Chief’s car since he felt that the amounts received for the Durangos was a little low. Mr. DeWater stated that the drainage crew has been working on several projects. He stated that the fire hydrants were flushed last month and the report from Cleveland Water showed that the Village did not have that many faulty hydrants. Mr. DeWater stated that Bob Cooke, Service Mechanic, is currently working on snow equipment. He stated that the ODOT salt bid came back and the Village will be with Morton Salt, Inc. at $29.40 a ton whereas last year with Cargrill it was $34.02 a ton. Lastly, H&M Landscape donated their time and bed/planting design for the corner of SOM and Miles. He stated that the Service Department will create the bed, and the Village will have a community event for the plantings. Mr. DeWater also reported that boy scouts will be working on signage for Forest Ridge.


REPORTS OF COMMITTEES

Facilities Committee:
Mr. Wortzman stated that the Facilities Committee met on July 22nd. He stated that a number of the items discussed are legislation items on the Council agenda tonight. One of the resident’s concerns was from a resident of Heathermore. The resident can see the back of the Sunoco property which has a hanging gutter; the Village will respond to this as well as other pending violations at Sunoco. There was also a discussion regarding the request from the Quail Hollow Association to put park benches in the cul-de-sacs; the discussion consisted of the cost of the benches and the fact that they would be responsible for same, the type of material, maintenance of the area, and appearance. Mr. Wortzman stated that Mrs. Cannon advised that a written agreement would be needed. There has been no change in the Winterberry water main; they are still waiting to hear from the City of Cleveland. The next subjects discussed are all on the agenda tonight as proposed legislation: The Cleveland Water Service Agreement and the Stormwater Management Agreement, which the committee recommended approval to Council for both, the sanitary sewer connection on Miles Road, and the 2013 Sewer Rehabilitation project which was re-bid.


Planning Commission:
Mr. Fritz stated that there was not a meeting in July so there is nothing to report.


Roads & Safety Committee:
Mr. Buczek stated that the regularly scheduled meeting of July 22nd was cancelled and rescheduled for July 29th. He stated that two residents contacted him with concerns. One resident on SOM had flooding concerns which is being handled by Mr. Filarski. A resident on Skyline had concerns about their ditch and the culvert going under the driveway apron. Mr. DeWater stated that he has been in contact with this resident. The next meeting is scheduled for August 26th @ 7:30am.


Parks Commission:
Mr. Richman stated that the Parks Commission met tonight prior to the Council meeting. He stated that the bed/planting plan design for the corner of SOM and Miles was viewed and discussed. A brick Moreland Hills sign design done by Greg Potts was also viewed and was considered for use on the corner as well. Mr. Richman stated that the Grand Opening for the new portion of Forest Ridge Park as well as the dedication of Pott’s Pier was discussed and was tentatively set for October 20th. He stated that the signage for Forest Ridge was discussed as well, as Mr. DeWater mentioned earlier in his report. The next meeting will be Tuesday, September 24th @ 5:30pm to further discuss details of the Grand Opening.

Mr. Buczek stated that he had overlooked one thing when he gave his report. Mr. Buczek made a motion seconded by Mr. Fritz to allow the Service Director to develop specs for the removal of hazardous trees throughout the Village of Moreland Hills and to advertise for competitive bidding.

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


ORDINANCES AND RESOLUTIONS:

Ordinance 2013-26 – Introduced by Mr. Wortzman
an ordinance authorizing the mayor to enter into the restatement of the water service agreement and related agreements with the city of cleveland.

Mr. Wortzman stated that as mentioned earlier in his Facilities Committee report, this is a restatement of an original agreement with the City of Cleveland. The Facilities Committee recommends approval as does Mrs. Cannon, Law Director.

Mr. Wortzman made a motion seconded by Ms. Sturgis to suspend the rules for Ordinance 2013-26.

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. Richman for passage of Ordinance 2013-26.

Mrs. Cannon stated that there has been an agreement between the City of Cleveland and the suburbs that receive Cleveland water, for many years. She stated that it was decided to consolidate and re-state that agreement. The City of Cleveland made a condition of the new agreement for communities just signing on to the new agreement, to agree to an income tax sharing program if businesses move from Cleveland to suburban communities, and also to agree to transfer assets to the City of Cleveland. Mrs. Cannon stated that the Village entered into the agreement about five years ago and does not view those to be significant issues.

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


Ordinance 2013-27 – Introduced by Mr. Wortzman
an ordinance authorizing the mayor to enter into a regional stormwater management program service agreement with the northeast ohio regional sewer district and declaring an emergency.

Mr. Wortzman stated that this was also discussed at the Facilities Committee meeting where Mrs. Cannon gave a presentation/legal review of this document. The purpose of this is to ensure the consistent and coordinated delivery of the District Regional Stormwater Management services within the Village of Moreland Hills.

Mr. Wortzman made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2013-27.

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 2013-27.

Mrs. Cannon stated that a number of suburban communities have been litigating with the sewer district for quite a number of years regarding the fee structure. One development of that litigation, which is still pending, is that the Sewer District has agreed to commit to allocating 25% of the fees collected to the participating communities; their original proposal had been 7%. Since the Village was never involved in the litigation in protest to the fees and the fact that we will get a significant fee benefit, there are no other concerns regarding the agreement. She stated that Mr. Filarski has reviewed it in relation to the technical aspects of the stormwater management. Mr. Filarski stated that the 25% can be used by the Village for anything relating to stormwater, such as the purchase of a truck to clean out catch basins, putting in bioswales, etc. He stated that it would have to be pre-approved but you can accumulate funds for up to five years, at which time the money goes back into their general maintenance fund if it is not used. Mr. Filarski explained that you can ask to have more than five years if there is a large purchase that needs to be saved for.

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


Resolution 2013–35 – Introduced by Mr. Wortzman
an ordinance providing for the submission to the electors of the village of moreland hills of a proposed amendment to article ix, section 4 of the charter of the village of moreland hills, and declaring an emergency.

Mr. Wortzman stated that this charter section funds the safety services for the Village. In 1999 it started at 2 mils and increased to 3 mils in 2004. This amendment will make it permanent to cover current and capital expenditures. He stated that there is come conflicting language in the legislation; it reads that it requires “five or more members of Council” in one section and in another is reads “two-thirds of all members”, which would only be four people. He stated that Mrs. Cannon suggested that we change the wording to read “five or more members” in all locations.

Mr. Wortzman made a motion seconded by Ms. Sturgis to suspend the rules for Ordinance 2013-35.

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 2013-35 as amended.

Mrs. Cannon stated that there is a great deal of turmoil as to whether the rollback credit will apply to levies which are now being voted upon. She stated that if an existing levy is being renewed, the rollback will still be received. If it is a replacement levy, i.e. a levy at a different rate, then the rollback will not be received. The Village is still entitled to the rollback because we are not changing the rate, just making it permanent instead of having to vote on it every few years. Mrs. Cannon stated that is the best information that we have at this time, however the General Assembly could take additional action in a future year.

Mr. Richman asked if 3 mils should be sufficient for the near future. Mr. Shah stated that it is currently generating $650,000-$670,000 a year. It is still not enough to cover the entire cost of operations for the Police Department and Fire and Dispatch contracts. The Village is putting in a million dollars a year from the general fund. Mr. Shah stated that considering the savings from the dispatch and if other costs do not increase, then it will be the same as previous years. Mrs. Cooper stated that if it were increased to 4 mils, then we would no longer get the rollback. Mrs. Cannon stated that in a future year, an additional separate levy could be proposed and adopted, and therefore we would get the benefit of the rollback on this millage, but only lose it on the additional millage.

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


Resolution 2013-36 – Introduced by Mr. Fritz
an ordinance authorizing the mayor to enter into an agreement with municipal building inspection solutions, llc for building inspection and related services and declaring an emergency.

Mr. Fritz stated that the Mayor briefed Council on this at the Committee of the Whole meeting. He suggested that Mr. Filarski should give a presentation regarding the contract and questions can be asked of him afterward.

Mr. Filarski stated that the company, MBIS, is a new concept. He stated that he and his partners started MBIS as a separate entity in the beginning of 2012, to provide services of building officials and both building and zoning inspectors to communities that are in need. These services can be provided on an “as needed” basis or as a full building department. Mr. Filarski stated that the company was started with the basic values of Chagrin Valley Engineering in mind which is very personalized service where we work directly with Mayors, Councils, Officials, and residents. He stated that he would like to bring the same type of service to the communities. MBIS hires experienced individuals who are well qualified and have the ability to take it to another level. Mr. Filarski stated that MBIS is heavily in to technology and in fact they have software written especially for what they do. The inspectors have a tablet in the field in order to access their inspection schedule and to enter the inspection information immediately. He stated that the administrative assistant at the community would be able to access that information to inform contractors if their inspections passed or failed. Mr. Filarski stated that four communities in the Valley, including Moreland Hills, have decided to contract with MBIS, therefore, in order to save costs, they have gone in together. The contract is a result of the meetings with the four communities; some are retainer based fees which are split among the communities based on a $5,000 base fee per community. The remainder of the retainer amounts is proportional to the population of the community, which was the most equal way to split it among the communities. There will be a percentage of the permit fees that would go to MBIS, which decreases as the volume of permits goes up. The zoning inspections vary from community to community so it is an hourly fee of $60.00 an hour. It can be budgeted yearly which will be calculated to weekly hours for nine months, since typically there will not be much need for it in the winter months. Mr. Filarski stated that he would love to serve Moreland Hills in this capacity.

Mr. Fritz stated that he has no doubt that their professionalism will equal that of Chagrin Valley Engineering. He asked if the $5,000 base was included in the total amount given. Mr. Filarski stated that it was and also the total savings from having a full time building inspector/official to contracting with MBIS will be roughly a $12,000 to 14,000 a year savings, which is based on 2012 revenues and expenses. He stated that he forgot to mention that Moreland Hills would now have a certified commercial building department therefore the state would not have to inspect the businesses, which also means more revenue for the Village. Mr. Fritz asked if a contractor would be guaranteed an inspection the next day if they were to call 24 hours in advance, as the contract states. Mr. Filarski stated that is correct and mentioned that the state required three days’ notice. Mr. Richman asked about meeting attendance for the new building inspector. Mr. Filarski stated that he and the Mayor discussed this and they determined that they would not require the building inspector to be at every Council meeting or committee meetings, except Planning Commission, however, he will certainly be there at your request. Mr. Richman asked about termination of service in the contract if the Village were to decide to go a different way in the future. A discussion ensued regarding the agreement. Mr. Filarski stated that he can revise it to add an extra thirty-day notice of service termination without cause or agreement. Mr. Fritz asked about the conflict of interest and if it would pertain to any council member getting an inspection performed by MBIS at their house. Mrs. Cannon explained that it would only pertain to MBIS or Chagrin Valley Engineering not being able to provide services to an entity within the Village and then inspecting said work.

Mayor Renda asked Council if the agreement were to be revised with that additional termination clause, would they be ready to move forward with this. Council was in agreement to move forward.

Mr. Fritz made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2013-36.

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


Mr. Fritz made a motion seconded by Ms. Sturgis for passage of Ordinance 2013-36 as amended to add an additional termination clause to Section 8.2.

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


Ordinance 2013-37 – Introduced by Mr. Wortzman
an ordinance authorizing the mayor to enter into a contract with robinson pipe services, inc. for the 2013 sewer rehabilitation program and declaring and emergency.

Mr. Wortzman stated that four competitive bids were received as part of a re-bid for the 2013 Sewer Rehabilitation project. Mr. Filarski has recommended hiring Robinson Pipe Services. Mr. Wortzman asked Mr. Filarski why there is such a discrepancy on the price for item number 2; all other bidders were significantly higher on that item than Robinson Pipe Services. Mr. Filarski stated that while he noticed that as well, Robinson Pipe has worked on projects in the Village before and therefore has confidence in them. He stated that he wanted to mention that the original bid for the project was $160,000 which was more than 10% over the estimate, which was why it was thrown out and re-bid. Additional work was added to the project and Robinson Pipe was still very low.

Mr. Wortzman made a motion seconded by Mr. Fritz to suspend the rules for Ordinance 2013-37.

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 2013-37.

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


Ordinance 2013-38 – Introduced by Mr. Wortzman
an ordinance authorizing permanent parcel nos. 913-25-003, 913-25-004, 913-25-005, 913-25-007, 913-25-008, 913-25-009, 913-21-002, and 913-21-003 to connect to a sanitary force main on miles road serviced by the chagrin falls sanitary sewer system, and declaring an emergency.

Mr. Wortzman stated that in 2008 a force main was installed on a portion of Miles Road, at which time, 8 parcels tied into it. This ordinance will allow an additional 8 parcels to tie in as well.

Mr. Wortzman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2013-38.

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 2013-38.

Mr. Cooper asked how it was determined where to stop as far as the parcels are concerned to allow the option to tie in. Mr. Filarski stated that the other properties up to that area have access through a driveway easement heading east down Miles Road. He stated that the main only runs in front of the properties depicted on the map.

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


Ordinance 2013-39 – Introduced by Mr. Buczek
an ordinance authorizing the ohio department of transportation (odot) to upgrade barrier end terminals on state and national highway routes at selected locations within the village of moreland hills.

Mr. Buczek stated that ODOT has received a grant to upgrade barriers, guardrails, etc. He stated that there are 23 in the Village to be upgraded, along SOM Center Road. The new guardrails will be able to absorb an impact. This will be done at no cost to the Village.

Mr. Buczek made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2013-39.

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 2013-39.

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


Ordinance 2013-40 – Introduced by Mr. Wortzman
an ordinance authorizing the mayor to accept a permanent drainage easement from christopher and elizabeth clark for the construction, reconstruction, operation and maintenance of a storm sewer or other drainage facility upon the property known as 65 greentree road, and declaring an emergency.

Mr. Wortzman stated that Mr. Filarski has recommended that a storm sewer be constructed on the Clark property on Greentree Road. He stated that this will give the Mayor the authority to accept the Clark’s willingness to grant the Village a permanent drainage easement over their property.

Mr. Wortzman made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2013-40.

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 2013-40.

Mrs. Cooper asked Mr. Filarski if 25% allocation funds from the Stormwater agreement, previously mentioned, could be used for this. Mr. Filarski stated that this project is a candidate for that funding.

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


Resolution 2013-41 - Introduced by Ms. Sturgis
a resolution appointing an assessment equalization board to hear and determine objections relative to the improvement of certain properties in the village of moreland hills by constructing roadway and drainage improvements and the necessary appurtenances thereto, in river mountain drive and mountain view drive between certain termini, and declaring an emergency.

Ms. Sturgis stated that as previously mentioned at the last Council meeting, a petition was brought to Council by various residents of River Mountain and Mountain View Drives. It has come to our attention that there is an objection; in order to hear tthat objection, an Assessment Equalization Board must be formed with three residents serving, which is the purpose of this ordinance. The proposed date for the hearing is September 5th.

Ms. Sturgis made a motion seconded by Mr. Fritz to suspend the rules for Resolution 2013-41.

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


Ms. Sturgis made a motion seconded by Mrs. Cooper for passage of Resolution 2013-41.

Mrs. Cannon stated that a petition was received from a number of property owners, including the Village, to proceed with the improvement on River Mountain so that it can reach the standards to become a dedicated road. The property owners who did not sign the petition have the right, within a specified time, to file an objection. One objection was filed by the deadline, which was August 12th. By law, the Village has to appoint an Assessment Equalization Board to hear that objection. The Village cannot proceed with the work until this objection is addressed. Mrs. Cannon explained that the Assessment Equalization Board has to hear the objection, make a report back to Council, and then Council has to determine whether to proceed with the assessment, and if so, on what basis. She stated that she is hopeful to have it back before Council at the September meeting, so that the work can proceed this fall.

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


Ordinance 2013-42 – Introduced by Mr. Wortzman
an ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mr. Wortzman stated that this is the monthly recurring financial ordinance. He stated that the $500,000 transfer deals with an amendment to a current appropriation in the budget because we are over budget by $500,000 from the SWIFF Grant. The second item is for the advance that is being made for the Forest Ridge project related to the stream restoration. The capital amendment to the appropriations for $4,800 is for budgeted costs for the Chief’s new vehicle. The last three items all related to asphalt maintenance. Along with the two typical transfers for our safety services, there is also a transfer to the general fund for the Asphalt Maintenance program.

Mr. Wortzman made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2013-42

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 2013-42.

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


Ordinance 2013-43 – Introduced by Ms. Sturgis
an ordinance rejecting the sole bid received for the sale of village owned real property known as 115 skyline drive, and declaring an emergency.

Mrs. Cannon stated that she spoke to Mr. Kasdan, the adjacent property owner who submitted the sole bid. She stated that he is prepared to agree to a deed restriction upon this property that would prevent the construction of any structure thereon. Mrs. Cannon stated that if that is acceptable to Council to proceed on this basis, that language can be added in the caption and note in the whereas clause that this bid was submitted by the adjacent property owner and that the Village is going to reject that bid unless the bidder agrees to the restriction to prevent any construction of any structure thereon, so that Section 1 would read “this Council hereby rejects the only bid received in response to the advertisement for the sale of the Village owned real property known as 115 Skyline Drive unless the bidder places a deed restriction on the property at the time the property is conveyed, to prevent the construction of any structure thereon.”

Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2013-43.

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


Ms. Sturgis made a motion seconded by Mrs. Cooper for passage of Ordinance 2013-43 as amended.

Ms. Sturgis asked if this restriction will follow with the deed, if it were to sell in the future. Mrs. Cannon stated that it does, unless the Village was to agree to modify the restriction in some fashion.

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


Miscellaneous

Mr. Buczek stated that he is happy with Mr. Filarski and the work he has done so he believes that the agreement with MBIS is a good thing. He stated that there is no doubt in his mind that we will receive good service based years of work that Mr. Filarski has done.

Mrs. Cooper stated that tomorrow is the day that the texting and seatbelt law goes into effect and asked if the signage was up yet. Mr. DeWater stated that it was not. Chief Canter stated that they will be giving drivers a 60-day grace period.

Mayor Renda stated that she will not be at the September meeting and therefore Ms. Sturgis will run that meeting in her place.

Mr. Buczek made a motion seconded by Mrs. Cooper to adjourn the meeting.

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


The meeting was adjourned at 8:55p.m.

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



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