Council Meeting Minutes - December 14, 2010

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

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

ABSENT: Mr. Wortzman

ALSO PRESENT: Mayor Susan Renda, Law Director Margaret Cannon, Village Engineer Jeff Filarski, Building Commissioner Greg Potts, Service Department Director Ted DeWater, Police Lieutenant Kevin Wyant, Police Sergeant Janet Boehler, Residents Nick and Michele Jouriles and Marge Fow and Clerk of Council, Julie Miller.


Mr. Buczek made a motion seconded by Mr. Richman to approve the Council meeting minutes of November 3, 2010.

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


Mayor Renda asked if there were any residents who would like to address Council. Mrs. Marge Fow from Greentree Road asked if there had been any progress with the rooster ordinance. Mayor Renda informed Mrs. Fow that the ordinance was on the agenda for this Council meeting.

Mayor Renda had Mrs. Cooper introduce Nick and Michele Jouriles from the Bentleyville Road Club. Mr. and Mrs. Jouriles presented a clock in memory of Winifred Anderson. They thanked Mrs. Cooper and Mayor Renda for all of their help with the arrangements.

Sergeant Janet Boehler read a letter from Sarah Anderson, daughter of Winifred Anderson. Sergeant Boehler then presented the letter and two checks from Sarah Anderson in honor of Winifred Anderson, to Mayor Renda. One check is for the Police and Employees Foundation and one check is for the Police Department.

Mayor Renda read a thank you letter from Constance Anderson, daughter of Winifred Anderson. Mayor Renda then read and presented the Proclamation for Winifred Anderson to Michele Jouriles.


REPORT FROM THE MAYOR

Mayor Renda announced that the first CERT team graduated, and presented a picture of the graduating class for everyone to see.


REPORTS OF COMMITTEES

Service Committee
Mr. Stanard reported that the Service Committee met on November 29th. The department is preparing for winter. The water main replacement at Fircrest and Farwood has just been finished and the repairing process was started. It was decided that the final course of pavement would be completed in spring, due to the weather at the time of completion. The next Service Committee meeting will be held on January 24th, 2011 at 7:30 a.m.

Planning Commission
Mrs. Cooper noted that the Planning Commission did not meet in November and would not meet in December. The next Planning Commission meeting will be held on January 24th at 5:00 p.m.

Utilities
Mr. Buczek reported that the Utilities Commission met and that they had one item on the agenda which is a change order that is on the Council agenda for this evening. The next Utilities Commission meeting will be held on January 24th at 8:00 a.m.

Building and Grounds Committee
Mr. Richman noted that the Buildings and Grounds Committee met and took a “field trip” to the old building headquarters to brainstorm what the best uses for the facility would be. There is no meeting scheduled yet for the Building and Grounds Committee in January.

Safety Committee
Ms. Sturgis reported that the Safety Committee met November 23, 2010.

Ms. Sturgis reported that the CERT team graduated and that the Safety Committee is recruiting for the next class.

Ms. Sturgis reported that Mr. Richman presented the idea of a CERT fund for additional supplies, and that the Chief of Police will present it at the Budget Meeting.

Mrs. Cooper asked if there is a maintenance program for those who have graduated from CERT. Ms. Sturgis stated that there are drills available for those in CERT. There is initial orientation for those wishing to participate in the CERT program.

Mr. Richman stated that the CERT meetings would be on the 1st Tuesday of every month at Village Hall, with January 4th at 7:00 p.m. being an Open House for anyone who is thinking of joining CERT. The graduating class will be there.

Ms. Sturgis stated that the Police Department assisted in state mandated lock-down drills at Brady Middle School and Moreland Hills Elementary School.

Ms. Sturgis stated that the Shop with a Cop program went very well this year. Mayor Renda added that the Police Department was able to shop with four families, including fourteen children. There is no Safety Committee meeting scheduled for December.


Finance Committee
Ms. Sturgis stated that the Finance Committee did meet last week and that they are arranging an upcoming meeting(s) for next year for finalizing employee benefits.


ORDINANCES AND RESOLUTIONS

Ordinance 2010-12 was introduced by Ms. Sturgis. An ordinance for the payment of the bills in the month of December in the amount of $ 837,463.32 and declaring an emergency.

Ms. Sturgis made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-12.

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


Ms. Sturgis made a motion seconded by Mr. Buczek for approval of Ordinance 2010-12.

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


Ordinance 2010-82 was introduced by Ms. Sturgis. An Ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mayor Renda stated that there was one last change from the general fund to the emergency expenditures fund in the amount of $230,000. The Village decided to set up an emergency expenditure fund and our goal was to get into that fund, at least six months of operating expenses. The Village is somewhat limited by what Ohio Revised Code lets the Village put into that fund. The Village can put in 5% of the general fund revenues into that fund.

Ms. Sturgis stated that this ordinance is a typical housekeeping item.

Ms. Sturgis made a motion, seconded by Mrs. Cooper to suspend the rules for Ordinance 2010-82.

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


Mr. Buczek made a motion seconded by Mrs. Cooper for approval of Ordinance 2010-82.

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


Ordinance 2010-83 was introduced by Mayor Susan Renda. An Ordinance amending Ordinance No. 2009-54, passed on June 10, 2009 authorizing an amended contract with R.E. Warner & Associates, Inc. for construction administration services; authorizing the Mayor to enter into a third amendment to the contract with R.E. Warner & Associates, Inc. to decrease the lump sum payment for professional design services, and declaring an emergency.

Mayor Renda stated that the plans went to bid without having been approved by the State so the State came back with some adjustments to the plan and these adjustments increased the cost to the Village. There were negotiations between the Village and R.E. Warner, and this is the outcome of those negotiations.

Mr. Richman made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-83.

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


Mr. Richman made a motion seconded by Mrs. Cooper for passage of Ordinance 2010-83.

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


Ordinance 2010-84 was introduced by Ms. Sturgis. An Ordinance enacting a new section 153.18 “Overtime” of Chapter 153 “Employees Generally” of Title One administrative code of the Village of Moreland Hills and declaring an emergency.

Ms. Sturgis stated that this ordinance allows for payment of overtime work with the details being found in the ordinance.

Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-84.

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


Mr. Buczek made a motion seconded by Mrs. Cooper for passage of Ordinance 2010-84.

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


Ordinance 2010-85 was introduced by Ms. Sturgis. An Ordinance providing for the issuance and sale of bonds in the maximum principal amount of $770,000 for the purpose of refunding at a lower interest cost certain of the Village’s outstanding various purpose improvement bonds, Series 1998. Dated as of July 1, 1998, and declaring an emergency.

Ms. Sturgis stated that this was discussed at previous Council meetings and that the Village had received a higher bond rating enabling it to get lower interest rates on loans. There were conversations about the outstanding balances on the bonds and how that was going to be handled. This ordinance gives the Village a lower payment for the outstanding balance of the bonds.

Ms. Sturgis made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-85

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


Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Ordinance 2010-85.

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


Ordinance 2010-86 was introduced by Ms. Sturgis. An Ordinance authorizing the Mayor to adopt an amended drug-free workplace policy and declaring an emergency.

Ms. Sturgis explained that this amended policy would increase the damage amount when there was an accident, from $500.00 to $2500.00 before the employee would have to go for a drug test.

Mayor Renda stated that every time there is an accident it is almost always in excess of $500.00.

Mayor Renda explained that Rebecca Schaltenbrand did research and talked to the Bureau of Workers Compensation, and this is the number that she came up with. She went on to explain that when $500.00 was in effect, the scheduling became a burden because an officer had to be called in to drive the other employee to have the drug test. It is a little bit different for the Service Department versus the Police Department because when an employee has a CDL, they have to automatically go for testing, regardless of the amount of damage.

Margaret Cannon gave an example of a deer striking a police cruiser. This incident tied up three police officers while two of them went to the drug-testing facility, and another officer was called in for that shift.

A motion was made by Ms. Sturgis seconded by Mr. Stanard to suspend the rules for Ordinance 2010-86.

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


A motion was made by Mr. Buczek, seconded by Mrs. Cooper to pass Ordinance 2010-86.

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


Ordinance 2010-87 was introduced by Ms. Sturgis. An Ordinance authorizing the Mayor to enter into an agreement with the Chagrin Falls Suburban Volunteer Fireman’s Association, Inc. for the provision of fire protection and emergency medical services and declaring an emergency.

Ms. Sturgis explained that this is basically a continuation of a current relationship between the Village of Moreland Hills and Chagrin Falls Fire Department.

Mrs. Cooper stated that the cost of the contract went down.

Mr. Stanard stated that he felt that the contract was an extremely good deal. He added that one reason the contract price went down was because of fewer resident calls, which is a good thing.

Ms. Sturgis made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-87.

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


Ms. Sturgis made a motion seconded by Mr. Richman for passage of Ordinance 2010-87.

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


Ordinance 2010-88 was introduced by Mayor Renda. An Ordinance amending existing section 505.08, nuisance conditions prohibited; vicious animals, of Chapter 505 of the codified ordinances of the Village of Moreland Hills, to prohibit the keeping or harboring of any fowl in a manner that creates a nuisance and declaring an emergency.

Mrs. Cooper stated that because the Planning Commission has not met for a while, that she felt comfortable presenting it to Council for their recommendation.

She stated that there is an existing ordinance, which this would amend to include excessive noise in regards to fowl. This wording keeps the ordinance general.

Mrs. Cooper made a motion seconded by Mr. Buczek to suspend the rules for ordinance 2010-88.

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


Law Director Margaret Cannon explained that the ordinance was written by keeping the original language and adding “fowl”.

Mr. Buczek made a motion to reverse A and B in section 505.08. Law Director Margaret Cannon explained the sequence to Mr. Buczek and his motion was withdrawn.

Mr. Stanard asked what the penalty is for violating Ordinance 2010-88. Law Director Margaret Cannon stated that it is a First Degree Misdemeanor and that the court could order removal of the animal.

Mr. Richman addressed the residents at this time and thanked them for their participation.

Mrs. Cooper made a motion seconded by Ms. Sturgis for passage of Ordinance 2010-88.

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


Ordinance 2020-89 was introduced by Mr. Stanard. An Ordinance authorizing Change Order No. 1 with Ronyak Paving, Inc. for the 2010 asphalt pavement program and declaring an emergency.

Mr. Stanard explained that unsuitable soils had to be removed, and to rebuild, additional pavement had to be removed outside the plan limits.

Mr. Stanard made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-89.

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


Mr. Buczek made a motion seconded by Mr. Richman for passage of Ordinance 2010-89.

Mr. Buczek asked if the amount of this change order will be added in with the Service facility project amount. Mr. Filarski answered that he thought it could be accounted for in the total amount of the project.

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


Ordinance 2010-90 was introduced by Mr. Buczek. An Ordinance authorizing change order No. 1 with DDD Enterprises,Inc. for the Farwood Drive – Fircrest Lane water main replacement project and declaring an emergency.

Mr. Buczek explained that this change order was due to removal of a T at the intersection, which was not part of the original contract. He went on to explain that this would be paid for by Cleveland Water.

Mr. Buczek made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2020-90.

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


Mr. Buczek made a motion seconded by Mr. Buczek for passage of Ordinance 2010-90.

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


Ordinance 2010-91 was introduced by Ms. Sturgis. An Ordinance amending existing Section 153.03, emergency work, of Chapter 153 of the codified ordinances of the Village of Moreland Hills to further define emergency work and provide for a minimum of three hours payment for emergency work under certain circumstances and declaring an emergency.

Ms. Sturgis explained that this is an administrative ordinance which allows the Mayor and Department Heads to authorize paying a minimum of 3 hours as an incentive when an employee is called in on an emergency.

Ms. Sturgis made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-91.

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


Mrs. Buczek made a motion seconded by Mrs. Cooper for passage of Ordinance 2020-91.

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


Ordinance 2010-92 was introduced by Mr. Stanard. An Ordinance authorizing the Mayor to sell, dispose of, or recycle obsolete equipment that is no longer needed for Village operations and declaring an emergency.

Mr. Stanard made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-92.

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


Mayor Renda asked Mr. DeWater to talk about the selling of vehicles. Mr. De Water stated that the Village took a truck to Greater Cleveland Auto Auction and despite the $5000.00 estimated trade in value from a year and a half ago, the truck sold for $9700.00 less the $100.00 auction fee.

Mr. Buczek made a motion seconded by Mr. Stanard for passage of Ordinance 2020-92.

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


Ordinance 2010-93 was introduced by Ms. Sturgis. An Ordinance establishing the temporary appropriations for the first quarter of the fiscal year of 2011 for the Village of Moreland Hills and declaring an emergency.

Ms. Sturgis explained that this is a housekeeping item allowing for the transfer of funds.

Ms. Sturgis made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-93.

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


Mr. Buczek made a motion seconded by Mr. Stanard for passage of Ordinance 2010-93.

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


Ordinance 2010-94 was introduced by Ms. Sturgis. An Ordinance amending existing Section 141.03 work period; overtime, of chapter 141 of the codified ordinances of the Village of Moreland Hills, to provide that unused accumulated compensatory time may be paid as overtime at the end of the calendar year or may be carried over from year to year and declaring an emergency.

Mayor Renda stated that this was an unintended consequence from the first ordinance The Police originally wanted to be able to carry-over OR cash out. This is going back and correcting that so that they have that option. Last year they had no choice; it had to be paid out. This year they will have the option.

Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-94.

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


Mr. Richman stated that the Finance Department monitors this carefully.

Mrs. Cooper asked if vacation time could be carried over. Lieutenant Wyant stated that they are allowed to carry over one week until April 1st of the year that it is carried over into.

Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Ordinance 2010-94.

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


Miscellaneous Business

Ms. Sturgis spoke about the Wellness Program that the Village Employees are participating in, to help reduce health care costs. Ms. Sturgis stated that other Villages are going to Smoke-free environments. She proposed that the Village of Moreland Hills looks into becoming a Smoke-free workplace. Law Director Margaret Cannon stated that this would have to be put into effect by ordinance.

Mr. Buczek made a motion seconded by Mr. Richman to give the Village employees the full day off on December 24th, rather than the ½ day scheduled.

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


Mr. Richman made a motion seconded by Mr. Buczek to approve the payment of $500.00 each to Orange After-Prom fund and Chagrin Falls After-Prom fund. The Village has been supporting the After Proms for many years.

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


Mrs. Cooper asked the Bentleyville Road Club how long they had been in existence. Mrs. Jouriles said that they have been established since 1917.

Mayor Renda wished everyone a happy, healthy and safe holiday.

The Council organizational meeting will be held January 5, 2011 at 7:00 p.m.

Mr. Buczek made a motion seconded by Mrs. Cooper to adjourn the Council Meeting at 8:15 p.m.

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


Meeting adjourned at 8:15 p.m.

ATTEST: 
Julie Miller Clerk of Council 
Steve Richman President of Council