Council Meeting Minutes - October 14, 2009

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

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

ALSO PRESENT: Mayor Susan Renda, Law Director Margaret Cannon, Village Engineer Jeff Filarski, Building Commissioner Greg Potts, Service Director Ted DeWater, Clerk of Council Dina M. Lelonis, OBH Program Director Nathan McConoughey, Recycling Midwest President Richard Bole and Waste Management Marketing Representative Anthony Discenza.


Mr. Newman made a motion, seconded by Mr. Buczek to approve the Council meeting minutes of September 9, 2009.

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


Nathan McConoughey from the Ohio Board of Health gave a presentation for the residents in attendance. He provided information regarding septic system maintenance and replacements. He also answered all questions that residents presented.

Mayor Renda thanked the residents for attending the Council Meeting and stated that Council will now proceed with the remainder of the regular meeting schedule. All guests were invited to stay to see how Moreland Hills Council conducts business.


REPORTS AND COMMUNICATIONS FROM THE MAYOR

Mayor Renda stated that today the National Resource Assistance Council met. The Mayor accomplished all of the required reading and completed the scoring for all twenty projects that were proposed. One of the important items that the Mayor has learned was that properties that are located near green space increase in value from 9% to 15 %. This is great news for the Village of Moreland Hills, with Forest Ridge, and the new park being considered at Hiram Trail and SOM Center Rd.

Mayor Renda stated that Greening the Hills took place on October 10, 2009, and it was a very successful campaign. The Mayor asked Service Director Ted DeWater to give a brief report of events from Greening the Hills. Mr. DeWater stated that on Saturday two of the Service Department employees who were also assisted by Mr. Richman and Mr. Stanard worked with the shredding network to properly dispose of documents and paper materials brought in by residents. There was a continuous flow of residents throughout the entire event. Also collected were six pallets of computers, several pallets of paints, scrap metal, and unused medications. All items collected were disposed of properly.

Mayor Renda thanked everyone who was involved in organizing, working and supporting Greening the Hills.


REPORTS OF COMMITTEES

Service Committee
Mr. Richman stated that the Service Committee met on September 30, 2009. Village Engineer, Jeff Filarski stated that the chip and seal program is over and rejuvenation is the only item left to complete for the 2009 Pavement Maintenance Program. He also stated that regarding the 2009 drainage program, there are three catch-basins on S. Woodland and one catch-basin on Chagrin Blvd that need to be replaced. There is also one swale on Skyline that is in need of repair.

Service Director Ted DeWater stated that the equipment budget is part of the ongoing budget discussions for 2010 as well as the five- year capital plan. There will be a request for a salt truck purchase for the 2010 budget and also a need for an automated rubbish truck that could perhaps be leased. The Service Committee does not foresee the purchase of any other major items to be included in for next year’s budget. The next Service Committee meeting is Wednesday, October 28, 2009 at 8:00 am.


Planning Commission
Mr. Newman stated there are no updates from the Planning Commission at this time.

Safety Committee
Mrs. Cooper stated that the Safety Committee met on Tuesday, September 22, 2009.

Mrs. Cooper confirmed that the CERT team continues to meet, and the next scheduled meeting is October 20, 2009. Chief Flauto presented statistics from accidents that have occurred from 2006-2009 on Chagrin River Road between S. Woodland and Miles Rd. There have been a total of 29 accidents during that time frame. Five of those accidents have occurred in the vicinity of 4380 Chagrin River Rd. Chagrin Valley Engineering performed an analysis at that location to determine the need for a guardrail. Upon completion of the analysis, Chagrin Valley Engineering recommends that the Village not install a guardrail, but remove a tree that is close to the side of the road. The tree in question has already been added to the hazardous tree removal list.

Mrs. Cooper also stated that the Safety Committee continues to discuss the upcoming Police and Fire levy and stated that Mayor Renda and Treasurer Prashant Shah, with the support of Council, are working on an informal letter to be sent to the Village residents before the November 3rd election.

Chief Flauto also shared that the Police Department has received two awards from the American Automobile Association. The first award is for community safety for nine fatality free years in Moreland Hills, and the second for community traffic safety.

The next Safety Committee meeting is scheduled for October 27 at 8:00 am.


Parks Commission
Mrs. Cooper reported that the Parks Committee met on September 29, 2009. The committee expressed their desire to have markers placed throughout the trails, and a picnic table in the parking lot of Forest Ridge for visitors to use.

Mrs. Cooper also explained that will be a change order presented to Council at the October meeting for a culvert and additional lime stone that was placed at the end of the geo-web walls in the Forest Ridge parking lot. This stone was placed in an effort to impede and/or prevent erosion.

Chief Flauto has requested that the Village consider the purchase an ATV to be used to assist with rescues on the Forest Ridge trails.

The Commission also discussed the possibility of constructing a park on the property located at Hiram Trail and SOM Center Rd. Each member was asked to walk the property in the upcoming weeks and the Commission will discuss the topic further at the next Parks Commission meeting.

The next Parks Commission meeting is scheduled for October 27 at 4:45 pm.


Utilities Committee
Mr. Buczek stated that the Utilities Committee met on Monday, September 21, 2009.

Mr. Buczek advised that Mike Bode has proposed the use of polymer at the Jackson Valley Waste Water Facility. The facility currently uses sand filters. The sand filters pose clogging issues which impedes the proper filtration of the effluent, especially after heavy rains. Since adding polymer, the facility has not had issues with clogging. Mr. Buczek explained that the Chagrin Valley Country Club will tie into the Moreland Hills sewer system in lieu of replacing their current septic system. Village Engineer, Jeff Filarski has gathered information and meter readings from Chagrin Valley Country Club for the last two years. Mr. Filarski has used those figures to recalculate the tap-in and usage fees.

Mr. Buczek made a motion, seconded by Mr. Wortzman to set the Chagrin Valley Country Club tap in fee at Twenty Thousand Two Hundred Thirty-Seven dollars. ($20,237.00)

Mr. Newman advised that he was not comfortable with the proposed fee and feels it should be higher. He questioned how the Village can justify charging Eleven Thousand ($11,000.00) for a residential tap-in fee, and less than double for a commercial facility. Mr. Newman feels that the Chagrin Valley Country Club would be using much more water/sewer. Mr. Filarski confirmed that all figures used to tabulate usage were from actual meter readings from the last two years and were not estimated usage. Mr. Filarski also pointed out that the tap-in fee is a capital fee, not a usage fee.

Mr. Stanard asked Mr. Filarski if he felt that the 4,300 gallon per day flow sounded reasonable for this facility. Mr. Filarski confirmed that this figure does represent an accurate reflection of usage for such a facility.

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


Mr. Filarski explained that the contracts for the Woodland Glen/ Quail Hollow project are being processed. A preconstruction meeting will be held within the next two weeks. Also, the easement project on Woodburn Drive is being finalized. The residents are requesting that landscape timbers be placed on the lawn side of the shoulder. Each resident will be paying for the timber material that will be used for their property.

Mr. Buczek made a motion seconded by Mrs. Cooper to reject the bids for the construction of the Service Facility Phase I and to authorize RE Warner to develop specifications to provide a combined Phase I and Phase II project and to advertise bids for the new Service Facility.

Mr. Filarski explained that the first round of bids for the Service Facility Phase I came in at $476,000; those bids were rejected. RE Warner then made changes to the wall system to reduce the cost of masonry, the fluid piping system, and general allowance on the total project. Once the changes were made, the project was re-bid again. The lowest bid came in at $435,000. Mr. Filarski, Mr. Potts, Mr. Dewater and Mayor Renda met with RE Warner and the independent estimator for RE Warner and came to the conclusion that it would be more advantageous for the Village to combine Phase I and Phase II into one project and bid package. Combining the projects will allow larger contractors to bid and will provide a clearer picture for the estimator.

Mr. Potts explained that combing the Phases will open the project to larger group of bidders. He also feels that bidding during the first quarter is a more desirable time for contractors. Mr. Potts confirmed that site work will continue and be completed beofre the next bidding process. This should give contractors a clearer picture of what needs to be done.

Mr. DeWater stated that he has spoken to the employees in the Service Department and notified them of the situation. The Service Department employees support the decision to combine Phase I and Phase II and re-bid the project. The employees will wait as long as needed to ensure that the Village receives the best possible deal for the facility.

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

The next Utilities Committee meeting will be Monday, October 26 t at 3:30 pm.


Finance Committee
Mr. Stanard stated that the Finance Committee did not meet since the last Council meeting. He stated that the Treasurer, Prashant Shah was in attendance at the Committee of the Whole meeting. The Treasurer reviewed the Village’s income sources and spoke to the importance of passing the renewal of the Safety Levy on the upcoming November ballot. There will be more discussions of upcoming projects as the 2010 budget is composed.

Buildings and Grounds
Mr. Wortzman stated that the Buildings and Grounds Committee met on Monday, September 21, 2009. Mr. Wortzman stated that at this time, no residents’ concerns were communicated. The Village is still waiting for the new front door to be delivered for the Council room. An upgrade in the lighting system is in process at Village Hall. The Police Department is in the process of repairing several air conditioners. There were no issues presented for the Community Center. The Service Facility is not currently being discussed at the monthly meeting. Mr. DeWater indicated that a schedule is being developed for placement of banners. . The next Buildings and Grounds meeting will be Monday, October 26, 2009 at 8:00 am.


ORDINANCES AND RESOLUTIONS

*Ordinance 2009-10 was introduced by Mr. Stanard. An Ordinance for the payment of the bills in the month of October, in the amount of $ 503,534.67 and declaring an emergency.

Mr. Stanard made a motion, seconded by Mrs. Cooper to suspend the rules for Ordinance 2009-10.

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


Mr. Stanard made a motion, seconded by Mr. Buczek for passage of Ordinance 2009-10

Mr. Wortzman questioned #171, payment of $816.00 to the Treasurer of the State of Ohio for September reparations. Law Director Margaret Cannon explained that this is victim of crimes fund. A portion of fines collected by the Police Department is sent to the State to be contributed to this fund.

Mr. Newman questioned #105, payment of $987.50 to Myra Stareskin Severyn for Platt/Zabell neighbor mediation. Mayor Renda explained that the Village offered mediation to the two neighbors who were involved in a long standing feud. The Police Department was called frequently to respond to the neighbors feuding and the Village was fielding a lot of complaints about the situation. Both neighbors agreed to the mediation and the Village has not received any calls or complaints since.

Mr. Newman questioned #146, payment of $399.70 to Supply Distribution Center for toner for copiers. Mayor Renda confirmed that the Village does have a contract for the copier and that Supply Distribution Center also provides the toner for the copiers.

Mr. Richman questioned #135, payment of $1,675.00 to Smilie One for the removal of heat/air units for the Service Facility construction. Mr. DeWater explained that inside of the existing garage, there were vent stacks and two air conditioner units that were in the excavation area and they needed to be removed.

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


*Resolution 2009-86 was introduced by Mr. Buczek. A Resolution urging the State to place a moratorium on oil and gas well drilling in heavily populated residential areas until amendments to the Ohio Revised Code with respect to drilling have been made, and Declaring an Emergency.

Mr. Buczek made a motion, seconded by Mr. Newman to pass Resolution 2009-86.

Mr. Richman stated that anyone who supports improving the environment should be in favor of this Resolution. Upon researching the topic, Mr. Richman found that Senator Grendell’s proposed amendment would require wells to be one thousand feet from structures, and set back three thousand feet from any source of water. It would require that property owners who are within three thousand feet of a proposed well be notified. It would increase financial responsibility, and restore local control over zoning.

Mayor Renda added that she will make sure that Senator Grendell receives a copy of the Village’s Resolution in support of his work.

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


*Ordinance 2009-87 was introduced by Mrs. Cooper. An Ordinance Authorizing Change Order No. 1 with Whitehouse Construction Co. for the Police Department duty room renovations project and Declaring an Emergency.

Mrs. Cooper explained that during the duty room renovations it was necessary to add two plastic supports, and two laminate tops to filing cabinets. Total additional cost incurred was $579.00.

Mrs. Cooper made a motion, seconded by Mr. Richman to suspend the rules for Ordinance 2009-87.

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


Mrs. Cooper made a motion, seconded by Mr. Buczek for passage of Ordinance 2009-87.

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


*Ordinance 2009-88 was introduced by Mrs. Cooper. An Ordinance Authorizing Change Order No. 1 with Monte Construction for the Forest Ridge preservation parking lot and culvert installation and Declaring an Emergency.

Mrs. Cooper explained that it was necessary to add reinforcement at the bottom of the geo walls in an effort to eliminate excessive erosion of the embankment. Large boulders and rip rap were used for an additional cost incurred of $1,700.00.

Mrs. Cooper made a motion, seconded by Mr. Buczek to suspend the rules for Ordinance 2009-88.

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


Mrs. Cooper made a motion, seconded by Mr. Richman for passage of Ordinance 2009-88.

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


*Ordinance 2009-89 was introduced by Mr. Buczek. An Ordinance authorizing the Mayor to enter into a Suburban Distribution Asset Renewal Program Project Reimbursement Agreement with the City of Cleveland and Declaring an Emergency.

Mr. Buczek explained that the City of Cleveland will take over the complete maintenance of the Village’s water distribution system. In turn, the Village agrees not to bring in any company from Cleveland into Moreland Hills. This agreement will allow for reimbursement for the replacement of the water main located at Fircrest and Farwood. Chagrin Valley Engineering will provide the design and construction management, and the Village will be reimbursed for any cost incurred to the Village.

Mr. Buczek made a motion, seconded by Mr. Newman to suspend the rules for Ordinance 2009-89.

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


Mr. Buczek asked Law Director Margaret Cannon if it is necessary to add the names of Fircrest and Farwood to the existing contract. Mrs. Cannon stated that this is the standard form that Cleveland Water has set up. Mr. Richman stated that he understands that Cleveland Water must have the final approval over the design and contractor, as it is stated in several places throughout the contract, including after opening bids and prior to awarding the contract. Mr. Richman is concerned because the Cleveland Water Department does not work very quickly.

Mr. Buczek made a motion, seconded by Mr. Newman for passage of Ordinance 2009-89.

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


*Ordinance 2009-90 was introduced by Mr. Buczek.. An Ordinance Authorizing Change Order No.1 with Mr. Excavator, Inc. for the site work the Mechanic’s Repair Facility as part of Phase I of the Service Facility construction/renovation project and Declaring an Emergency.

Mr. Buczek made a motion, seconded by Mr. Stanard to suspend the rules for Ordinance 2009-90.

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


Mr. Buczek made a motion, seconded by Mrs. Cooper for passage of Ordinance 2009-90.

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


Mr. Buczek explained that there was an existing electrical conduit and wire running through the excavation area. The wires needed to be disconnected and the pole had to be removed to allow for the excavation work. The additional cost incurred was $758.00.

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


*Ordinance 2009-91 was introduced by Mr. Stanard. An Ordinance Providing for additional appropriations, transferring items already appropriated and Declaring an Emergency.

Mr. Stanard made a motion, seconded by Mr. Newman to suspend the rules for Ordinance 2009-91.

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


Mr. Stanard made a motion, seconded by Mr. Newman for passage of Ordinance 2009-91.

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


*Ordinance 2009-92 was introduced by Mr. Richman. An Ordinance authorizing the Mayor to enter into a contract with Waste Management for residential single stream recyclables collection services at a total aggregate cost not to exceed Seventy One Thousand Three Hundred Thirty-One dollars ( $71,331.00) and Declaring an Emergency.

Law Director Margaret Cannon requested that Council members read the memo provided by Service Director Ted DeWater. In the memo, Mr. DeWater provided his recommendation for Waste Management to be selected for the recyclable program. Mrs. Cannon requested that Council also read the response letter that was provided to the Village by Richard Bole, Recycling Midwest President. Mrs. Cannon advised Council that Mr. Bole is present and requests to be heard by Council prior to Council taking action.

Mr. Bole addressed Council and stated that Recycle Midwest has been the provider for recycling pick- up for the Village for 19 years. Mr. Bole explained that he has addressed all of the concerns that the Service Director has expressed with Recycle Midwest, and will purchase a side loading recycling truck by the start of the new contract.

Mayor Renda thanked Mr. Bole for the service that his company has provided to the Village in the past and also for coming and speaking to Council.

Mr. Richman made a motion, seconded by Mr. Stanard to suspend the rules for Ordinance 2009-92.

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


Mr. Richman made a motion, seconded by Mr. Stanard for passage of Ordinance 2009-92. Mr. Richman advised that the lowest bid of $63,720.00 was recieved from J&J refuse; however, it was not recommended as lowest and best, due to J&J’s desire to have recycling picked up on Fridays only. This was deemed a major exception. The Second lowest bid of $68,853.00 came from Recycle Midwest. Recycle Midwest was not recommended as lowest and best due to past performance issues and failure to have the proper equipment required for single stream collection at the time of the bidding. This was also deemed a major exception.

Mr. DeWater stated that the bid packages were very specific and spelled out exactly what type of equipment would be necessary for the contract.

Mr. Stanard asked what the fuel surcharge per gallon would be. Mr. Dewater explained that when the cost of fuel goes above $3.08 per gallon, the Village will be charged $0.01 per gallon surcharge.

Mr. Newman asked Mr. Dewater if the equipment requirement was present in both bid specification packages. Mr. DeWater confirmed that the requirements were listed in both.

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


Mayor Renda asked if there were any residents that would like to address Council.

Anthony Discenza, the Northeast Ohio representative for Waste Management introduced himself to Council and stated that he looks forward to working with the Village of Moreland Hills. Mr. Discenza also thanked Council and Administration for their confidence in Waste Management.

A motion was made by Mr. Buczek, seconded by Mrs. Cooper to and adjourn the meeting at 9:14 pm.

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


ATTEST:
Dina M. Lelonis Clerk of Council 
Robin Cooper President of Council