Council Meeting Minutes - January 12, 2011

The Council met and Mr. Buczek made a motion seconded by Mr. Stanard to go into Executive Session for the purpose of acquisition and disposal of public property, pending litigation at 6:35 p.m.

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


At 6:50 p.m. Mr. Wortzman, Ms. Sturgis and Mrs. Cooper arrived and went into the Executive Session.

Mr. Buczek made a motion seconded by Mr. Richman to go out of Executive Session and enter into the regular Council meeting at 7:00 p.m.

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


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

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

Also Present: Mayor Renda, Law Director Margaret Cannon, Village Engineer Jeff Filarski, Building Inspector Greg Potts, Service Director Ted De Water, Police Chief Tom Flauto, Clerk of Council Julie Miller.

Mr. Buczek made a motion seconded by Mrs. Cooper to approve the Council meeting minutes of December 14, 2010.

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 stated that the updated website for Moreland Hills is able to track traffic now. The latest report showed that there were 3,758 unique viewers and 4,822 visits. Mayor Renda feels that these figures are good considering the population of Moreland Hills is 3,298 residents.

Mr. Stanard asked if there was a definition of “unique visitor”. Mayor Renda gave the definition as “One who hasn’t visited before”.

Mr. Wortzman stated that he didn’t think that those numbers could be right. Mayor Renda answered by saying that she thinks that people are interested in what goes on in Moreland Hills.

Mr. Stanard stated that he uses the website a lot for information, especially the recycling schedule.

Mayor Renda stated that there was a hand out at each place for each Council member of what the costs are for the Senior Transportation Service of Orange.


REPORTS OF COMMITTEES

Mayor Renda stated that because there were no committee meetings held last month, she was not asking for reports of committees.

Mr. Stanard stated that although there wasn’t a Service Committee meeting, the time for the Service Committee meetings has been changed to 4:30 p.m., with the first meeting of the year to be held January 24th at 4:30 p.m.

Mr. Richman asked if the agendas for all committees could be sent to all Council members. Clerk of Council Julie Miller answered that yes, she would include Council when sending out the committee agendas in the future.


ORDINANCES AND RESOLUTIONS

Ordinance 2011-1 was introduced by Ms. Sturgis. An ordinance for the payment of the bills in the month of January in the amount of $ 928,682.94 and declaring an emergency.

Ms. Sturgis pointed out that there was a revised bills ordinance handed out to all Council Members and that the additions were highlighted.

Ms. Sturgis made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2011-1.

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


Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Ordinance 2011-1.

Mrs. Cooper had a question for Chief Flauto concerning the PELC Training on the bills ordinance. Chief Flauto explained that this is training for all Sergeants.

Mr. Stanard asked about the cost of the water bill. Mr. DeWater explained that this fee was based on the maintenance of the hydrants.

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


Ordinance 2011-13 was introduced by Mr. Richman. An Ordinance confirming the appointment by the Mayor of Gregory R. Potts as Building Inspector for the Village for a term of (1) one year and declaring an emergency.

Mr. Richman introduced the Ordinance by saying that he, along with everyone else, was very happy with the job Mr. Potts has been doing.

Mr. Richman made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2011-13.

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


Mr. Richman made a motion seconded by Mr. Buczek for passage of Ordinance 2011-13.

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

Mayor Renda congratulated Mr. Potts and stated that Mr. Potts’ salary would remain the same because no raises were offered this year.

Mr. Potts thanked everyone for their confidence in the job he is doing.


Ordinance 2011-14 was introduced by Mr. Wortzman. An Ordinance authorizing the Village Treasurer to provide a partial payment to DDD Enterprises, Inc. at the rate of ninety-six percent and declaring an emergency.

Mr. Wortzman stated that this ordinance relates to the work being done at the Fircrest / Farwood water main replacement. The contract provides for a partial payment being made at 90% with a 10% retainer. The work is substantially completed, and the contractor is requesting a payment of 96%. The Village Engineer has recommended approval based on the work that was done. It is subject to approval by the Cleveland Division of Water before it can officially be paid.

Mr. Wortzman made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2011-14

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


Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2011-14.

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


Ordinance 2011-15 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 for compensation for court appearances when not on duty and declaring an emergency.

Ms. Sturgis stated that this Ordinance clarifies previous Ordinances.

Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2011-15.

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


Ms. Sturgis made a motion seconded by Mr. Richman for passage of Ordinance 2011-15.

At this time Mr. Stanard asked Chief Flauto how frequent an officer is requested to go to court. Chief Flauto stated that recently there is court every week. Occasionally an officer is off-duty and has to be called back in to attend court. Mr. Stanard asked Chief Flauto if it is automatically overtime. Chief Flauto answered that no, it would not be automatic overtime. It would only be overtime if it was beyond the 40 hour work week.

Mr. Wortzman asked about part time officers. Chief Flauto answered that a part time officer is “hours at will” and this ordinance would really not affect them.

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


Resolution 2011-16 was introduced by Ms. Sturgis. A Resolution supporting the Forest Ridge expansion project, authorizing the Mayor to file an application with the Ohio Department of Natural Resources for Natureworks and land and water conservation fund programs, appropriating funds for the Forest Ridge expansion project and declaring an emergency.

Mayor Renda explained that the reason for the Resolution is because it is asking for appropriation of Village funds. The funds would be expended and then the Village would be reimbursed.

Ms. Sturgis stated that she was hopeful that this Resolution would be passed as there was a deadline for the grant for Land and Water Conservation Fund.

Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Resolution 2011-16.

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 2011-16.

Mr. Wortzman asked about reimbursement. Mayor Renda explained that you have to fight for reimbursement. She stated that the last time the Village applied for a grant, she estimates that the request for reimbursement was submitted several different times in several different ways. They asked for different information and then they would ask for that information in a different format. If you are awarded the grant, unless you do something outside the parameters of the grant, you will receive the reimbursement.

Mrs. Cooper asked what the $70,000 would be used for. Mayor Renda stated that right now it is a land purchase. It would be used to defray the Village’s cost for the land purchase. It is not the maximum that could be asked for, but there was only $752,000 appropriated for the entire Northeast Ohio area. Julia Mussen who worked on the first grants with the Village, recommended $70,000 and the Mayor took her recommendation.

Mr. Stanard asked the Mayor to help him understand the mechanics of the grant process to him. Mayor Renda stated that $70,000 would be used as part of the land acquisition; the Village would show that they had used $70,000 and then the Village would be reimbursed $70,000. Mr. Stanard asked if the Village would write a check to the Land Conservancy. Mayor Renda answered that no; this money would be put aside. If it is not used, it is put back into the General Fund.

Margaret Cannon explained that the reason for the change in wording is because they want it demonstrated that the Village has the money appropriated, so that they know that if the Village is awarded the grant that it has the resources to front the grant amount. It is set up to say that the Village has the money appropriated and set aside for purposes of this grant.

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


Miscellaneous Business

Mayor Renda presented the draft for an ordinance enacting a new section 153.19 “Village campus-wide smoke-free policy” of Chapter 153 “employees generally” of Title One – administrative code of the Village of Moreland Hills.

Mr. Stanard asked if we are following the rules set down by the State of Ohio.

Margaret Cannon explained that the Village is following and enforcing the state law. This Ordinance would go beyond those laws.

Mr. Richman stated that he would like “campus-wide” defined as “property-wide” because he would like Forest Ridge included.

Margaret Cannon explained that “campus” could include Village Hall, the pumping station, etc.

Mr. Wortzman suggested using “Forest Ridge” as an example when wording the ordinance.

Mr. Stanard suggested just observing the laws of the State of Ohio and that there is not a need for this ordinance.

Mr. Richman did some research concerning other outdoor entities including the zoo, and presented his findings.

Mayor Renda stated that health care costs are out of control and when the Village asked Aaron Marinelli the insurance broker for the Village how to reduce these costs, his number one suggestion was to outlaw smoking on campus, in Village vehicles, etc. The model he used to present this was the Cleveland Clinic. Cleveland Clinic has reduced their health insurance costs dramatically. Mayor Renda does not feel that it is necessary to tell residents they can’t smoke at Forest Ridge. The original focus of this was how to decrease the Village health care costs. By using Cleveland Clinic as a model, it is apparent that it works.

Mr. Stanard agrees with offering smoking cessation and encouraging employees to stop smoking. He feels that the State of Ohio laws are sufficient. He does not see the impetus for this, and does not think that there are that many smokers that are employees of the Village.

Mayor Renda stated that the number of smokers that are Village employees is close to 20%.

Mrs. Cooper agrees with Mayor Renda about not enforcing this at Forest Ridge. Mrs. Cooper asked if the State laws include Village vehicles. Mayor Renda answered that the State Laws prohibit smoking in the Village vehicles.

Mr. Richman stated that one idea would be to increase the number of feet an employee would have to be from doorways, open windows, etc.

Mayor Renda stated that she did not want residents to drive in and see people standing around smoking. She said that one idea would be to put a designated smoking area behind the Service garage, but doing that is not going to achieve lowering of health care costs.

Mr. Wortzman asked about the reduction in health care premiums, and if this legislation is needed to achieve that.

Margaret Cannon answered that making this an ordinance makes it enforceable.

Mr. Wortzman stated that if the principal purpose is for health care cost reduction, wouldn’t a personnel policy be sufficient?

Mr. Richman asked if there would be a reduction in health insurance costs if there was a smoking cessation program.

Mayor Renda stated that the question becomes, do we make this a personnel policy or an Ordinance?

Mr. Stanard asked if the insurance administrator stated that there would be a reduction in health insurance if this legislation was in effect.

Mayor Renda answered that this is a long time getting to that point. If you encourage non-smokers to apply versus smokers, and encourage employees to stop smoking, health care costs could go down, and it’s better for the Village in the long run. Mayor Renda suggested that everyone take this home and think this over and bring it back to the table.

Mr. Wortzman stated that he is unsure whether this should be a policy or an ordinance.

Margaret Cannon asked if at this point, the sense of Council is that if something is done, that it is limited to areas of operation and not Forest Ridge?

Mr. Stanard stated that the way it is currently written that it is a clear cut case of over-legislation.

Mr. Buczek stated that he feels that it is reasonable and the Village has to start someplace.

Margaret Cannon stated that the purpose of this legislation is to discourage smoking.

Mayor Renda stated that if the issue is just ignored, eventually the Village may not be able to afford health care coverage.

Ms. Sturgis made a motion seconded by Mr. Buczek to adjourn the meeting at 8:10 p.m.

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

Motion carried Meeting adjourned at 8:10 p.m.


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