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Council Meeting Minutes - January 13, 2010


The Council Meeting of the Village of Moreland Hills was called to order by Mayor Susan Renda at 7:01 p.m.

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

ALSO PRESENT: Mayor Susan Renda, Law Director Margaret Cannon, Village Prosecutor Santo Incorvaia, Village Engineer Jeff Filarski, Building Commissioner Greg Potts, Service Department Foreman Stan Sirk and Clerk of Council Dina M. Lelonis.


Village Prosecutor Santo Incorvaia swore in Council members Robin Cooper, Paul Stanard and William Wortzman for their new term and newly elected Council member Monica Sturgis, so that all could participate in the Council meeting.

Mayor Renda stated that the date on the December minutes is incorrect. The date should be listed as December 9, 2010. Mayor Renda then asked if there were any other additions or corrections. There were none.

Mrs. Cooper made a motion, seconded by Mr. Wortzman to approve the Council meeting minutes of December 9, 2010 with the aforementioned correction.

ROLL CALL:
AYES: Stanard, Richman, Cooper and Wortzman
NAYS: None
ABSTENTION: Sturgis
Motion carried.


Mr. Wortzman made a motion, seconded by Mrs. Cooper to approve the Organizational Meeting Minutes of January 6, 2010.

ROLL CALL:
AYES: Richman, Cooper, Wortzman and Sturgis
NAYS: None
ABSTENTION: Stanard
Motion carried.


REPORTS AND COMMUNICATIONS FROM THE MAYOR

Mayor Renda welcomed the full audience to the Council meeting and asked if any member of the audience would like to address Council at this time. No one stood to address Council.

The Mayor advised that the Budget Meeting will be held on Wednesday, January 27, 2010.

At this time Village Prosecutor swore in Mr. Richman as Council President.


REPORTS OF COMMITTEES

There were no reports from committees this month.


ORDINANCES AND RESOLUTIONS

*Ordinance 2010-1 was introduced by Mr. Wortzman. An Ordinance for the payment of the bills in the month of January in the amount of $ 1,112,856.53 and declaring an emergency.

Mr. Wortzman explained that this month’s bills are larger than normal. This is due in part to two significant non- recurring expenditures listed on the bills ordinance. The first is item 91, a payment to Mr. Excavator in the amount of $351,797.59 and the second is item 115, a payment to Specialized Construction in the amount of $203,606.22. Mr. Wortzman stated that there are explanations for both of these expenditures.

Mr. Wortzman made a motion, seconded by Mr. Stanard to suspend the rules for Ordinance 2010-1.

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


Mr. Wortzman made a motion, seconded by Mr. Stanard for passage of Ordinance 2010-1.

Mrs. Cooper asked about item 111, payment in the amount of $210.00 to Sign A Rama for the Chagrin Boulevard rain garden sign.

Mayor Renda explained that it is not for the Chagrin Boulevard rain garden. The sign is for the rain garden that is here at Village Hall. The sign was purchased through Chagrin Valley Engineering. The sign will be a permanent sign in the rain garden. The Mayor stated that the sign was received during a snow storm and it has not yet been placed in the rain garden.

Mrs. Cooper also asked about item 47, payment in the amount of $2,347.78 to the Cuyahoga County Treasurer. Mayor Renda explained that the Village owns a small piece of land at the end of Lochspur Ln. This is the first half property tax payment for that parcel.

Mr. Richman stated that items 101, payment in the amount of $75.00 to PC Alternatives, and 157, payment in the amount of $31.25 to WRIS are related. He stated that while he was away on vacation he did not have access to his WRIS password. Mr. Richman stated that he asked that the password be given to him and instead of just supplying him with the password WRIS changed the password. Mr. Richman did not realize that there would be a charge for retrieving the password. Mr. Richman stated that he felt that the Village should not be responsible for paying to change his password. Mr. Richman has brought a check with him tonight to cover the total amount of the charges. Mayor Renda explained that each time a password is changed WRIS does charge the Village.

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


*Ordinance 2010-13 was introduced by Mr. Stanard. An Ordinance providing for the employment of Chagrin Valley Engineering, LTD. and Jeffrey J. Filarski as Engineer for the Village of Moreland Hills and declaring an emergency.

Mr. Stanard stated that it is with an honest enthusiasm that he introduces this ordinance. He feels that both Jeff Filarski and Chagrin Valley Engineering are exemplary and professional in both their character and their capabilities. They are sensible and practicable and valuable to the residents of Moreland Hills.

Mr. Stanard made a motion, seconded by Mr. Richman to suspend the rules for Ordinance 2010-13.

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


Mr. Stanard made a motion, seconded by Mr. Richman for passage of Ordinance 2010-13.

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


*Ordinance 2010-14 was introduced by Mr. Stanard. An Ordinance authorizing the Mayor to purchase a 2010 dump body and related equipment from Concord Road Equipment Mfg., Inc. at a cost not to exceed sixty-nine thousand nine hundred thirty-nine dollars and ninety-four cents ($69,939.94) and declaring an emergency.

Mr. Brian Beury from Henderson Truck Equipment stood and requested to address Council.

Mayor Renda acknowledged Mr. Beury’s request and told him to continue. Mr. Beury stated that Henderson Truck Equipment submitted a bid and their quote was nine thousand dollars less than Concord Road Equipment. He stated that Henderson Truck Equipment did have a couple of minor exceptions and he would like to explain to Council what those exceptions are. The first exception was the color of the plow. The Village specified a blue plow and Henderson Truck Equipment was providing safety orange. The second exception was the spreader control system. Mr. Beury explained that the spreader system that Henderson Truck Equipment would be using would be compatible with the current fleet. The third exception was the dump body long sill supports. The Village specified stainless steel tubular long sills and Henderson Truck Equipment bid an I beam. Mr. Beury stated that they also submitted a bid bond and complied with the specifications minus these three minor exceptions. They supplied the Village with references and he is aware that someone from Moreland Hills did contact the references; however, no one from Moreland Hills actually went out to see their work. Mr. Beury also stated that the Village requested that Henderson Truck Equipment provide drawings and it is not typical for Henderson Truck Equipment to pass out build drawing of their product unless they are under contract because they are patented. Mr. Beury then stated that the bid is exclusive to Concord Road Equipment and no other company in the state of Ohio could meet these specifications. He stated that Henderson Truck Equipment was the low bidder by nine thousand dollars and he would like to know why Henderson Truck Equipment is not being given a chance. They have been in business for fifty-five years and have done work for several of the surrounding communities.

Law Director Margaret Cannon thanked Mr. Beury for coming and apologized for the absence of Service Director Ted DeWater due to his mother’s funeral. Mrs. Cannon explained that included in Council’s package was a memo that Mr. DeWater wrote the Mayor and Council setting forth the basis for his recommendation that the award be given to Concord Road Equipment rather than Henderson Truck Equipment. The basis for his decision relates to the exception to the dump body long sill supports, the exception involving a hydraulic valve controller, an exception regarding the color of the poly covering on the snowplow and failure to provide a detailed list of specific equipment, components and accessories. Mrs. Cannon stated that the ultimate decision is up to Council. Council’s decision is to award the bid to who is determined to be the lowest and best bidder and in Mr. DeWater’s opinion Henderson Truck Equipment’s non compliance in these areas was significant enough to recommend awarding the bid to Concord Road Equipment.

Mr. Beury stated that these exceptions are very minor. Mr. Beury continued and stated that he feels that Henderson Truck Equipment meets the specifications on the other items and in the bid specifications it clearly states that there are five items in which no exception would be accepted and the remainder of the items are listed as comply or exception. Henderson Truck Equipment feels that they have only taken exceptions on items that allowed exceptions. He stated that his exceptions are compatible with the current fleet and the only exception taken was the name brand and the long sills under the dump body.

Service Department Foreman Stan Sirk stated that in speaking with Mr. DeWater, Mr. DeWater informed Mr. Sirk that he contacted Henderson Truck Equipment and requested the specifications for the plow. Henderson Truck Equpiment was unable or unwilling to furnish those specifications to Mr. DeWater. Mr. Sirk explained that those specifications were needed to see if the plow that Henderson Truck Equipment bid would fit on the other trucks in the fleet. Also, the Village has several spare parts from existing plows and would like to have seen if these parts would be compatible with the plow from Henderson Truck Equipment.

Mr. Beury explained that Henderson Truck Equipment builds custom plows and if they mark comply next to the plow they would build a plow with ten ribs as the Village has requested. Mr. Beury stated that his snow plow would be identical to the one that the Village currently uses with the exception of color.

Mr. Stanard explained that this ordinance provides up fitting for the body on a cab and chassis that the Village purchased in November 2009. This truck will be used for plowing and snow maintenance. Mr. DeWater put out a package of specifications specific to what the Village wanted in order to have the snow plow match the current fleet and also be compatible with the parts and pieces. Mr. Stanard stated that the color of the plow is a minor consideration but Henderson Truck Equipment took exception to the steel versus aluminum. Mr. Stanard stated that this truck will spend a lot of time on the road and will be exposed to a lot of salt and snow. The use of steel will change the structural longevity of the dump body. The package that was bid by Concord Road Equpiment comes with a one year warranty on components, a five year warranty on the body and a three year warranty on the hydraulic system.

Mr. Stanard made a motion, seconded by Mrs. Cooper to suspend the rules for Ordinance 2010-14.

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


Mr. Stanard made a motion, seconded by Ms. Sturgis for passage of Ordinance 2010-14.

Mr. Richman stated that warranty was mentioned; however, our Service Department has done an excellent job of maintaining and helping major items last well beyond their warranty. Mr. Richman thanked Mr. Beury for coming. Mr. Beury stated that two of the options are not correct, one of the options stated that Henderson Truck Equipment took exception to aluminum over steel and that is not correct. Also, Henderson Truck Equipment was offering a two year warranty.

Mr. Stanard apologized and stated that he misspoke, it was stainless steel that Henderson Truck Equipment bid verses steel as he stated before.

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


*Ordinance 2010-15 was presented by Mr. Stanard. An Ordinance authorizing change order No. 6 with Mr. Excavator Inc., for the site work package for the mechanic’s repair facility as part of Phase I of the service facility construction/renovation project and declaring an emergency.

Mr. Stanard explained that this change order in the amount of five hundred twenty-one dollars and seventy-six cents was necessary due to several stumps and debris being discovered during excavating. These items were unacceptable as backfill and required to be hauled away and disposed of properly.

Mr. Stanard made a motion, seconded by Mr. Richman to suspend the rules for Ordinance 2010-15.

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


Mr. Stanard made a motion, seconded by Mrs. Cooper for passage of Ordinance 2010-15.

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


*Ordinance 2010-16 was presented by Mrs. Cooper. An Ordinance amending existing section 139.02, clothing allowance, of chapter 139 of the Codified Ordinances of the Village of Moreland Hills, to delete the Building Commissioner’s clothing allowance and declaring an emergency.

Mrs. Cooper explained that this ordinance pertains to the item that addresses clothing allowance for the service department. In the past, this ordinance has listed a clothing allowance for the Building Commissioner. This ordinance will move the clothing allowance into the ordinance that will be the confirmation of Mr. Potts as Building Commissioner.

Mrs. Cooper made a motion, seconded by Mr. Stanard to suspend the rules for Ordinance 2010-16.

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


Mrs. Cooper made a motion, seconded by Mr. Stanard for passage of Ordinance 2010-16.

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


Ordinance 2010-17 was introduced by Mrs. Cooper. An Ordinance confirming the appointment by the Mayor of Gregory R. Potts as Building Inspector for the Village for a term of (1) year and declaring an emergency.

Mrs. Cooper stated that she is very happy to introduce this ordinance. She stated that Mr. Potts has been the Building Inspector since 1993 and has done an excellent job and he has also taken on a key roll in planning the new mechanics facility. Mrs. Cooper stated that she is delighted to offer Mr. Potts another year appointment.

Mrs. Cooper made a motion, seconded by Mr. Stanard to suspend the rules for Ordinance 2010-17.

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


Mrs. Cooper made a motion, seconded by Ms. Sturgis for passage of Ordinance 2010-17.

Mrs. Cooper stated that the clothing allowance for Mr. Potts will be included in this ordinance.

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


*Ordinance 2010-18 was introduced by Mr. Richman. An Ordinance authorizing the Mayor to enter into an agreement with Schottenstein Zox & Dunn Co. L.P.A. from January 1, 2010 to the organizational meeting in 2012 and declaring an emergency.

Mr. Richman stated that our Law Director and Assistant Law Director have an impeccable reputation and the advice and work that they have provided for the Village of Moreland Hills has solidified their reputation.

Mr. Richman made a motion, seconded by Mr. Stanard to suspend the rules for Ordinance 2010-18.

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


Mr. Richman made a motion, seconded by Mr. Wortzman for passage of Ordinance 2010-18.

Mr. Stanard stated that not a single meeting goes by where Council does not learn something from the Law Director. He thanked Mrs. Cannon for her professionalism, skills and willingness to work with Council.

Mayor Renda agreed with Mr. Stanard and stated that Mrs. Cannon is an invaluable advisor.

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


*Resolution 2010-19 was introduced by Mr. Wortzman. A Resolution establishing the American Recovery and Reinvestment Act Fund and declaring an emergency.

Mr. Wortzman made a motion, seconded by Mr. Stanard to suspend the rules for Resolution 2010-19.

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


Mr. Wortzman made a motion, seconded by Mrs. Cooper for passage of Resolution 2010-19.

Mrs. Cooper asked when the Village anticipates receiving the funds. Mayor Renda advised that the Village has already received some of the funds and that this is a flow through account. She explained that this is for the septic systems and not the JQW project. This fund must be established in order for the Village to pay the contractors who completed the work. The Village is not able to simply sign the checks over to the contractors.

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


Miscellaneous Business

Mrs. Cannon stated that at the December Committee of the Whole meeting Mr. Richman raised a number of concerns regarding the Village’s current political sign ordinance. Over the last few years since this ordinance has been adopted there has been a significant amount of litigation in Ohio and elsewhere. Historically many communities have regulated political signs with respect to size, quantity and length of time they can be displayed. The courts in the last few years have been increasingly unhappy about these ordinances, primarily because political signs are considered pure First Amendment speech. It is the ultimate protection that the Constitution gives any form of speech. The courts state that a community can not focus only on political signs and treat political signs differently from other types of temporary signs within the community. Therefore, the time has come for the Village to look at our political sign ordinance because as it is presently drafted we do have some issues. In addition to the legal issues regarding political signs, the technology related to the absentee ballots has dramatically changed the election process. An increasing number of people are voting via absentee ballots. These absentee ballots can be obtained far in advance of the elections. Mrs. Cannon’s recommendation is that Council addresses these issues prior to the next election.

The second issue that Mrs. Cannon addressed with Council is the ability for the Village to regulate our own right-of-way, the area outside of the roadway that is owned by the Village. Mrs. Cannon explained that the situation has become increasingly problematic because the state and the federal government have dramatically limited our ability to regulate cable, internet and other like things. The only way a community now has to regulate the use of its right-of-way is not by focusing on any one particular user but to focus on reasonable regulations on the use of the right-of-way which the municipality actually owns. Mrs. Cannon stated that we already have an example of this. Moreland Hills has a company who would like to install a cable through the Village along Route 87, this cable is coming from the east coast and continuing on to Chicago with the intention to transmit electronic imaging data for medical use.

Mrs. Cannon presented Mayor Renda with a proposal for a general right-of-way ordinance that would necessitate that the user comply with the requirements of the Village while using the Village’s right-of-way. Mrs. Cannon is working on creating the same general right-of-way ordinance for the cities of Beachwood and Orange Village and she stated that if Moreland Hills chooses to move forward with implementing this type of ordinance it would be at a lower cost to the Village if we work together as a group. The proposed cost to Village would be ten thousand dollars.

Mr. Richman stated that the contract with the Law Director includes the drafting of ordinances and holding hearings and asked why does this particular ordinance take the Village outside of the scope of the regular duties of the Law Director.

Mrs. Cannon explained that the reason is because this subject is so technologically specialized that the Law Department will be using the people within the firm who specialized in these issues.

Mr. Richman asked Mrs. Cannon if it is possible to have a “not to exceed basis” so that if the hearings do not turn out to be what was anticipated it could be reevaluated.

Mrs. Cannon stated that the work will have been divided between the three communities and she does not know how they would re-divide it on a not to exceed basis.

Mr. Stanard made a motion, seconded by Mrs. Cooper to adjourn the January 13, 2010 meeting at 8:07 pm.

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


ATTEST: 
Dina M. Lelonis Clerk of Council 
Steve Richman President of Council



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