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Council Meeting Minutes - November 14, 2012


The Council meeting was called to order at 7:05 p.m. by Mayor Renda.

PRESENT AT ROLL CALL: Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
ABSENT: Mr. Buczek

Also Present: Ted DeWater, Service Director; Greg Potts, Building Commissioner; Tom Flauto, Chief of Police; Margaret Cannon, Law Director, Jeff Filarski, Village Engineer


Mrs. Cooper made a motion seconded by Mr. Richman to approve the minutes of the Regular Council Meeting of October 10, 2012.

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


Reports from the Mayor & Other Municipal Officials

Ted DeWater, Service Director gave a report on the recent storm damage. He stated that although trees came down throughout the Village, the Service Department only received two calls for removals. Three trees fell on residents’ homes. The chipping program was extended and the Service Department went through the Village three times to chip any wood related to storm damage. Mr. DeWater stated that the Service Department had to go to three resident’s homes because of water in the basement, which turned out to be their drain tile, for which the Service Department provided them with numbers to call for assistance.

Mayor Renda stated that Jeff Filarski, Village Engineer will be presenting the Village’s grant application for Clean Ohio funds to the NRAC Council tomorrow. There are seven projects total, with requests for 4.3 million dollars; the District 1 NRAC has 3.8 million dollars available.

Mayor Renda congratulated the members on behalf of the recent zoning change that the residents voted on and passed 2 to 1. In the proposal to change Mr. Severin’s property into a commercial property, it is a compliment to the Council members that the resident’s trusted them. She stated that she believes that the residents saw the logic in it and it now gives Mr. Severin something to work with.

Mayor Renda stated that recently, the four mayors involved in the collaboration shared services study got together and scored four proposals for a new project leader. Kent Gardner, CGR was chosen because he understands how difficult mergers are. She stated that Mr. Gardner and CGR perform studies in terms of shared services and afterward, they look at the possibility of merger, although they do not make recommendations to do it. Mr. Gardner understands that it is important to look at each municipality in terms of its identity and not just numbers. She stated that they will be looking for efficiencies in terms of shared services.

Mayor Renda stated that House Bill 601 (Tax Uniformity) was introduced in the House, which is basically about changing municipalities’ tax codes to make them the same, but not in terms of rate. The Mayors and Managers Budget Committee is on top of the issue and has a nine point plan. She stated that the committee continues to meet and update each other.

Mayor Renda stated that Matt Baird, USI, will come to the December Committee of the Whole to give Council an update on the preliminary results of the health insurance change , which show that the Village will save a lot of money. We will also need to discuss employee raises at the Committee of the Whole Meeting. It was decided to meet at 6pm so that all members will be able to attend.

Mayor Renda stated that Council asked Mr. Filarski draw up site plans to convince the Dispatch COG that our site would not be as expensive as they thought it would be. Mr. Filarski did draw up the plans and gave them to Mr. Paul Stanard to present, however, the county has decided that there should be five dispatch centers across the county as opposed to forty-five. The COG has a grant from the county for $250,000.00 for equipment for which they can use to update the equipment in Chagrin Falls. She stated that the Village needs to be part of a larger COG because we now serve 17,000 people and we will not be one of the five regional centers. We are looking to get into Solon which is a great solution that will save a lot of money.


REPORTS OF COMMITTEES

Planning Commission:
Mrs. Cooper reported that Planning Commission met on October 22, 2012. There was a variance request, storage shed, two detached garages, remodeling of the home, and a new dwelling. Also, Mrs. Rebecca Smith came to talk about her and her husband’s plans for the property they just bought on Miles Road, which was the old Temple property. They are planning on keeping it as a farm as they raise numerous types of animals.

At this time, Council discussed the conditional use permit for the three-sided storage structure at 80 Basswood Lane (Jackson Valley Pump Station). Mr. Potts stated that the proposed structure is a 50 x 26 building, single-sloped roof and will be neutral in color. The location of the storage structure is quite a distance from any homes and will sit down low in a depressed area. Mr. Filarski recommended screening on the slope area, by the tank. Currently, all the materials are being stored outside at the property, so this will help clean the property up as well as store the materials properly. Mr. DeWater asked that the Village grant a conditional use permit pursuant to section 1177.07 of the Zoning Code in order to install the storage shed in a Dwelling House District.

Ms. Sturgis made a motion seconded by Mr. Richman to approve the conditional use permit for the 3-sided storage structure at the Jackson Valley Pump Station located at 80 Basswood Lane.

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


Mrs. Cooper reported that the Board of Zoning Appeals held its first Public Hearing meeting tonight for an area variance, as is required per the new zoning code. There was a discussion regarding changing the zoning code so that a public hearing will not be required for every area variance that goes before the Planning Commission. The variance will still get referred to the Board of Zoning Appeals, however, the thirty-day notice which is required with a public hearing, will no longer be necessary once the code has been changed. The next Planning Commission Meeting will be November 26, 2012 and the next Board of Zoning Appeals Public Hearing Meeting will be December 3, 2012.


Roads & Safety:
Ms. Sturgis reported that the Roads & Safety Committee met on October 22nd. She stated that they had concerns from two residents. The residents at 100 Murwood had some concerns about the Culvert Program and a resident on Fallscreek Circle asked about running a water sprinkler line to the cul-de-sac, as stated in the minutes. She stated that 80% of the Culvert and Drainage Program is complete; however the resident’s concerns will continue to be addressed at the Committee meetings. Ms. Sturgis reported that the Village has a new part-time police officer and that the Police Department completed their CPR training class. Ms. Sturgis stated that a resident asked that the Village accept the private streets of River Mountain Drive and Mountview Drive as dedicated public rights-of-way. Mr. Filarski is evaluating that request and it will be discussed again at the December meeting. Ms. Sturgis mentioned that the use of the house located on the old Lang property on Chagrin River Road was also discussed. The next Roads & Safety Meeting will be November 26, 2012.


Facilities:
Mr. Richman reported that the Facilities Committee met on October 22nd. The change orders for the JQW project were discussed. The contract for the Hazardous Tree Removal program was awarded in October. He stated that a leak at the Falls Creek Pump Station is being investigated. The Historical Society gave a brief report on their meeting that was held on September 22nd. Mr. Richman urged Council to become members of the Historical Society in order to show their support.


ORDINANCES AND RESOLUTIONS:

Resolution 2012-79 – Introduced by Ms. Sturgis
a resolution approving the solid waste management plan update for the cuyahoga county solid waste management district and declaring an emergency.

Ms. Sturgis stated that this is the district policy committee plan regarding the new Solid Waste Management Plan. Each legislative body in the district received the plan to review and approve it.

Ms. Sturgis made a motion seconded by Mr. Richman for passage of Resolution 2012-79.

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


Ordinance 2012-80 – Introduced by Ms. Sturgis
an ordinance authorizing change order no. 1 with specialized construction, inc. for the 2012 asphalt pavement program and declaring an emergency.

Ms. Sturgis stated that the 2012 Asphalt Program was completed under the budget amount. This change order reflects the decrease amount of $15,138.40.

Ms. Sturgis made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2012-80.

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


Ms. Sturgis made a motion seconded by Mr. Richman for passage of Ordinance 2012-80.

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


Ordinance 2012-81 – Introduced by Mr. Richman
an ordinance authorizing change order nos. 5 and 6 with workman industrial services, inc. for the jackson valley pump station force main project and declaring an emergency.

Mr. Richman stated that this is comprised of two change orders. Change Order 5 consisted of replacing a gasket on an existing pump which was missing, and adding two valves on the pipes to provide a shut-off in case maintenance needs to be done on the pump. The total for Change Order 5 is an increase of $5,728.00. Change Order 6 consists of routine close out of the project and is in the decrease amount of $17,746.25. The total for both change orders is a net decrease of $12,018.25.

Mr. Richman made a motion seconded by Mr. Fritz for suspension of the rules for Ordinance 2012-81.

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


Mr. Richman made a motion seconded by Mr. Fritz for passage of Ordinance 2012-81.

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


Ordinance 2012-82 – Introduced by Mr. Wortzman
an ordinance authorizing the mayor to sell village owned real property known as 34000 hiram trail which is no longer needed for municipal purposes to the highest and best bidder and declaring an emergency.

Mr. Wortzman stated that this will authorize the Mayor to advertise the sale of the property. The highest bidder would enter into a contract for which the Mayor would have permission to execute such contract. Mrs. Cannon stated that this would have to go before Council for approval once we have a contract. There was an independent appraisal done. The property is two acres, which calculated to $60,000 an acre and a grand total of $120,000.00.

Mr. Wortzman made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2012-82.

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


Mr. Wortzman made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-82.

Mr. Richman asked for clarification regarding the wording of the motion, as it relates to entering into a contract after Council approves it. Mrs. Cannon stated that Council can authorize the sale regardless of the price; however if the Mayor only receives one bid that is considerably less than the appraisal, would we still want to authorize the sale. Mr. Richman stated that he is just concerned with the way it was worded. Mrs. Cannon stated that if Council wishes to have the final right to approve it, then the motion should say to advertise and to propose a contract for the sale of the property.

Mr. Richman made a motion seconded by Mr. Wortzman for passage of Ordinance 2012-82 as amended.

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


Ordinance 2012-83 Introduced by Mr. Wortzman
an ordinance authorizing the mayor to sell village owned real property known as 115 skyline drive which is no longer needed for municipal purposes and declaring an emergency.

Mr. Wortzman stated that this a 4.2 acre parcel. It has less value because it is not suitable for residential use. This is similar to the previous ordinance in that we are authorizing the Mayor to advertise for bids for the sale of this property. The estimated value from the independent appraisal was $10,700.00 per acre.

Mr. Wortzman made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2012-83.

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


Mr. Wortzman made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-83 as amended.

Mr. Richman asked if any buyers were expected. Mayor Renda stated that the Village put this on the market because a resident called asking to purchase it. She stated that the resident lives in the area and would like plant a garden and put a fence around it, which will deter it from being used as a hangout for teenagers.

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


Ordinance 2012-84 Introduced by Mr. Fritz
an ordinance amending condition number five of the amended and revised western reserve land conservancy conditional use permit and declaring an emergency.

Mr. Fritz stated that the conditional use permit currently allows the WRLC to have twenty events per year, not to exceed forty people. Anything that exceeds those limitations requires the WRLC to come to Council for approval, which has been causing issues as it relates to timeliness. Considering that the WRLC has now determined that they will exceed the number of events per year, in order to expedite the process, this ordinance will give the Mayor the authorization to approve any event that exceeds the allowed twenty events per year, or exceeds the allowed forty people per event, with the requirement that in June of each year, Council will get a report from the Mayor on the number of events that have been held.

Mr. Fritz made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2012-84

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


Mr. Fritz made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-84.

Mr. Richman stated that he would prefer updates from the Mayor more often, as opposed to every six months. Mayor Renda stated that the reason she chose June, is because she believes that it will give her a better sense of what it is that the WRLC’s calendar will be for the first six months. Mr. Fritz stated that if Council ever has any concerns, they can always just ask the Mayor for a report on any recent requests. Mayor Renda stated that if at any time Council is uncomfortable with this, we can change it back. Mrs. Cooper asked if Robert Koonce has gotten back to the Mayor with a better description of what events they intend to hold at the WRLC. Mayor Renda stated that she spoke with Mr. Koonce to inform him that she would like to meet with him and Mrs. Cannon in early December to flush out the categories and the calendar to get a better sense of the amount of events they plan to hold. Mr. Potts suggested checking into their State occupancy to find out how many occupants are allowed in the building.

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


Ordinance 2012-85 Introduced by Mr. Wortzman
an ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mr. Wortzman made a motion seconded by Mr. Fritz for suspension of the rules for Ordinance 2012-85.

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


Mr. Wortzman made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-85.

Mr. Richman asked for clarification on the $5500.00 listed under “other expenses”. Mr. Wortzman stated that the amount was for Building Department scans, to reduce the amount of paper that the Village has to store.

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


MISCELLANEOUS BUSINESS:

Mr. Fritz stated that he recently spoke to a couple involved on a call regarding a home burglary, where command of the call was assumed by the Moreland Hills Police Department. He stated that the Police Officers from other departments were very complimentary of our officers, stating that immediately the correct perimeters were set up and the correct resources were brought in. Mr. Fritz stated that it was a textbook search of the house and the person was actually found inside the house. He stated that it is good to know that our Police Department is so well prepared to handle a call like that, in a professional manner. Sgt. Todd Dietzel and Officer Scott Bennett, who were the first responders on scene, were mentioned specifically. Chief Flauto stated that the Village officers received great assistance from neighboring departments and that they all work together like one large Police Department.

Mr. Richman thanked the Police Department for arranging the CPR training class, in which he participated. He stated that he sent an e-mail to all Council members regarding the NOCA meeting tomorrow, if any one was interested in attending. Mr. Richman asked if the Organizational Meeting has been set yet. It was determined that there will not be a regular Committee of the Whole Meeting on January 2, 2012, and that the Organizational Meeting will be held on Monday, January 7, 2012 at 7:00pm.

Mr. Richman made a motion seconded by Mrs. Cooper to adjourn the meeting at 8:15 p.m.

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


The meeting was adjourned at 8:15p.m.

Attest: 
Sherri Arrietta, Clerk of Council
Steve Richman, Council President



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