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Council Meeting Minutes - September 14, 2011


The Council meeting of the Village of Moreland Hills was called to order by Mayor Renda at 7:00 p.m.

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

Also Present: Law Director Margaret Cannon, Village Engineer Jeff Filarski, Building Commissioner Greg Potts, Chief of Police Tom Flauto, Service Director Ted Dewater and Council Clerk Julie Miller.


Mr. Richman made a motion seconded by Mr. Buczek to approve the minutes of August 10th, 2011.

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


Report from the Mayor

Mayor Renda introduced members of the Orange Schools and School Board who were there to present the Levy Campaign. They included Cindy Eickhoff, School Board; Nancy Wigenbach, Superintendent; Greg Slemons, Treasurer and Debbie Joseph resident.

Nancy Wigenbach stated that all operating levies have been successful since the 1970s. She stated that Orange Schools are rated in the top 6% in the State. She stated that Orange Schools feels that it should be responsible to its citizens. Mrs. Wigenbach introduced Debbie Joseph, a concerned resident and mother of children in the Orange School System.

Mrs. Joseph stated that she has three children in the Orange School system. She stated that she has seen all three of them grow and blossom in the system. She stated that each of the children is different and has different needs and that the school system was able to address each one of her children’s needs separately. She stated that she felt that the school system was preparing all children for the “new” world out there.

At this time Mr. Slemons made his presentation. He stated that it had been seven years since a levy had been placed on the ballot. He stated that the revenue was 2 million less than the year before. He stated that because of the new State budget, the school would lose 6 million dollars in revenue. He stated that the Orange Schools maintained a triple A rating. He stated that for a gymnasium renovation, they were able to negotiate a 10 year same as cash loan. The interest is reimbursed by the Federal Government. He stated that Orange Schools are a self-funded employer. This saves $100,000 in Workers Compensation. He stated that Orange Schools is a founder of the Suburban Health Consortium. It is an insurance consortium. There had been double digit increases in insurance premiums. Orange Schools increase was only 11%.

Mr. Slemons passed out an informational reference sheet to everyone.

Mrs. Eickoff stated that the campaign is a very grass-roots campaign. She stated that there would be a Community Information presentation on September 27th at 7:00 p.m. She passed out an informational reference sheet to everyone.

Mayor Renda thanked all of them for coming. She stated that there was a meeting that the Council was invited to attend on September 26th at 7:30 a.m. Mayor Renda stated that she had rearranged committee meetings for that morning, to be held on Tuesday instead of Monday. She also stated that her own daughter went through Orange Schools and had a tremendous experience. She stated that she had been a Science Fair judge, and had been very impressed with her experience with the Orange Schools.

Mr. Richman stated that he had attended Orange Schools and that his two children were recent graduates of Orange. He stated that he could attest to the academic excellence of Orange Schools.

After the presentation, Mayor Renda called on Mrs. Cooper to represent Planning Commission in introducing the items on the agenda.

Mrs. Cooper stated that there were four items on the agenda this evening to go before Council.


Approval of Bonds, Contracts, Plats, Etc.

A. Flesher Holdings
259 Bentleyville Road
Lot Consolidation

Mayor Renda called on Mr. Flesher to explain his intentions. Mr. Flesher stated that he had 3 parcels that he wanted to consolidate into one. He stated that he was looking at a future residential development. He stated that he had no definitive plans as of this date. Mrs. Cooper went over the plans with all members of the Planning Commission. Mayor Renda stated that she had consulted with the legal department on a lot consolidation that includes two different municipalities, this one being Chagrin Falls and Moreland Hills. The legal department stated that this should not be an issue for approval. Mayor Renda stated that the taxes are sorted out at the County level. Ms. Sturgis asked about the size. Mr. Filarski stated that it was 11.3 acres total.

Mr. Stanard made a motion seconded by Mr. Buczek for approval of a lot consolidation at 259 Bentleyville Road.

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

Mr. Flesher left the mylar for appropriate signatures and said that he would pick it up in the morning.


Mr. & Mrs. Swamy
50 Falls Circle
Outdoor Fireplace
Front Yard Variance

Mr. Bill Vargo from Medhurst Builders was present. Mrs. Cooper stated that due to hillside issues in the back yard, there was no place to put anything in the back yard. Mrs. Cooper stated that this would not be seen from the road. She stated that there is currently a patio in the same location. She stated that they presented hardship due to the topography of the lot.Mrs. Cooper made a motion seconded by Mr. Stanard for approval of front yard variance for an outdoor fireplace at 50 Falls Creek Circle.

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


Mr. Lucius McKelvey
338 Bentleyville Road
Lot Split

Mrs. Cooper called on Mr. Stanard who stated that this had been considered and recommended at the July Planning Commission meeting. Mr. McKelvey stated that the circular driveway would remain. He stated that the lot had been surveyed. Mr. Stanard stated that there was a letter from Mr. Filarski, Village Engineer, who stated that this meets all requirements.

Mr. Stanard made a motion seconded by Mr. Wortzman for approval of a lot split at 338 Bentleyville Road.

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


Mr. & Mrs. Zhang
4162 Giles Road
Front Set Back Variance

Mr. Stanard stated that this had come before the Planning Commission in July. He stated that this piece of property has a very unique structure on it currently, which is a geodesic dome. He stated that it could not be remodeled and needed to be replaced by a new structure. Mr. Stanard stated that a lot consolidation is also necessary in this case before new construction can proceed. Mrs. Cooper stated that although the front porch will protrude 5 feet closer to the road, the structure is already within the setback so that the need for a variance is preexisting.

Mrs. Cooper made a motion seconded by Ms. Sturgis to approve the front set back variance of 22 fett, 3 inches conditional upon the Zhang’s application for a lot consolidation. Mr. Stanard stated that he was aware that the Zhangs had initiated the process to consolidate the lots.

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


Reports of Committees

Service Committee:
Mr. Stanard stated that there were several items on the agenda this evening, including the refuse and hazardous tree contracts, and a contract for the purchase of a heavy lift system. He stated that the Village Engineer would like a motion to allow for a bid package for the catch basin and storm system and sanitary system cleaning and televising.

Mr. Stanard made a motion seconded by Mr. Buczek to allow the Village Engineer to create a bid package for the catch basin and storm system and sanitary system cleaning and televising and advertise for bids.

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


Planning Commission:
Mrs. Cooper stated that the J3 Clothing Company received an approval for their sign. There was also approval of a shed and a gazebo. She stated that the Planning Commission had started reviewing a rain barrel ordinance.

Safety Committee:
Mr. Buczek stated that the Safety Committee did not meet, and the next meeting would be on the 26th of September.

Buildings and Grounds:
Mr. Richman stated that they did meet and that the minutes distributed were self-explanatory. He stated that the Service Director is looking into an auto temperature controller for the Village. He stated that the Service Department was also considering an in-house person for janitorial services.

Finance Committee:
Ms. Sturgis stated that at the Committee of the Whole meeting, Prashant Shah presented the State of the Village. She stated that Moreland Hills is in very good financial state. She stated that the Moody rating was very high. Mayor Renda stated that the State audit report was now public and could be viewed online.

Utilities:
Mr. Wortzman stated that there had been a full-time seasonal employee assigned to the wastewater treatment plant. He stated that the pump station conversion project was underway. He stated that there would be no plant abandonment until the pumps were up and running.


Ordinances and Resolutions

Ordinance 2011-09 an Ordinance for the payment of bills in the month of September, in the amount of $461,768.73 and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that a revised copy of the bills had been handed out to all Council members. Ms. Sturgis made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2011-09.

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 2011-09.

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


Resolution 2011-60 a Resolution adopting the alternative tax budget of the Village of Moreland Hills for the Fiscal Year 2012 and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis made a motion seconded by Mr. Richman for suspension of the rules for Resolution 2011-60.

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 Resolution 2011-60.

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


Ordinance 2011-61 an Ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that this was a monthly housekeeping item. Ms. Sturgis made a motion seconded by Mr. Richman for suspension of the rules for Ordinance 2011-61.

ROLL CALL: 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 2011-61.

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

Ordinance 2011-62 an Ordinance extending the moratorium on the review and issuance of applications for zoning permits, certificates of occupancy, and other permits and licenses, and any approvals thereof, for Internet Sweepstakes Cafes, through April 6, 2012 was introduced by Margaret Cannon.

Margaret Cannon stated that Mr. Hartt would be addressing Council on September 21st for the report on the zoning changes. She stated that he was recommending this extension. Mr. Stanard asked if there had been any applications. Mrs. Cannon stated that there had not been, but that there had been a lot of phone calls to the Building Commissioner.

Mr. Richman made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2011-62.

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


Mr. Richman made a motion seconded by Mrs. Cooper for passage of Ordinance 2011-62.

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


Ordinance 2011-63 an Ordinance authorizing the Mayor to purchase a Sterth-Koni Mobile Column Lift System and accessories, through the State of Ohio Department of Administrative Service Cooperative Purchasing Program, at a cost not to exceed forty four thousand three hundred fifty five dollars and zero cents ($44,355.00) waiving competitive bidding and declaring an emergency was introduced by Mr. Stanard.

Mr. Stanard stated that this had come before Council previously, but the bid was for a battery operated model. Mr. Stanard stated that the electric one was just as mobile, for a lot less money. Mr. DeWater stated that it was $5000.00 less and that it was just as safe.

Mr. Stanard made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2011-63.

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 2011-63.

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


Ordinance 2011-64 an Ordinance authorizing the Mayor to enter into a contract with Penn Ohio Coal Co., DBA Kimble Transfer & Recycling, for the transfer and disposal of solid waste generated within and collected by the Village of Moreland Hills, and declaring an emergency was introduced by Mr. Stanard.

Mr. Stanard stated that a month ago an ordinance was passed to award a contract to the same company for recycled materials and this ordinance is for solid waste. This is a 3 year contract with two, one year extensions available. Mr. Stanard made a motion seconded by Mr. Wortzman for suspension of the rules for Ordinance 2011-64.

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. Richman for passage of Ordinance 2011-64.

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


Ordinance 2011-65 an Ordinance authorizing the Mayor to enter into a contract with VanCuren Services, Inc. for the 2011 Hazardous Tree Removal Program, at a total cost not to exceed twenty-five thousand two hundred and forty dollars ($25,240.00) and declaring an emergency was introduced by Mr. Stanard.

Mr. Stanard stated that bids were collected previously, but that the bid package had to be modified to include traffic control. Mr. Stanard made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2011-65.

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 2011-65.

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


Ordinance 2011-66 an Ordinance amending condition number one of the Western Reserve Land Conservancy Conditional Use Permit, revising condition number 15 of the Conditional Use Permit issued to the Western Reserve Land Conservancy and declaring an emergency was introduced by Margaret Cannon.

Mrs. Cannon stated that one of the requirements was that the Village and the Conservancy had to have reached an agreement concerning acquisition of the property before the commencement of building began. The plans for the project have to be submitted to the State. The Conservancy is in a race against the weather. They have asked for the amendment so that certain phases of the project could begin. The legislation would authorize the specified work that could commence.

Mr. Richman made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2011-66.

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


Mr. Richman made a motion seconded by Ms. Sturgis for passage of Ordinance 2011-66.

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 into Executive Session for the purpose of discussing pending litigation at 8:30 p.m.

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


Mrs. Cooper made a motion seconded by Ms. Sturgis to go out of Executive Session and adjourn the Council Meeting at 9:55 p.m.

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


The meeting was adjourned at 9:55 p.m.

Attest:
Julie Miller, Clerk of Council 
Stephen Richman, Council President



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