Council Meeting Minutes - March 14, 2012

The Council meeting was called to order at 7:00 p.m. by Mayor Renda.

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

Also Present: Mr. DeWater, Service Director, Mr. Potts, Building Commissioner, Chief Flauto, Margaret Cannon, Law Director


Mr. Richman made a motion seconded by Mr. Fritz to approve the minutes from January 11, 2012.

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


Mr. Buczek made a motion seconded by Mr. Richman to approve the minutes from the Special Council Meeting held March 5th, 2012.

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


REPORT FROM THE MAYOR

At this time, Mayor Renda gave her State of the Village Address. She highlighted fiscal responsibility, smarter services, green living, and a future vision for the Village.


REPORTS OF COMMITTEES

Finance:
Mr. Wortzman communicated his responsibility as a liaison. He stated that he was unable to make a report until the budget was approved. He stated that he would have a report next month, and that he would be reporting quarterly.

Roads and Safety:
Ms. Sturgis stated that the committee had met two times since the beginning of the year. She stated that there was one concerned resident about the partial collapse of the Trolley Trail Bridge. She stated that the Service Department evaluated it and that the County was going to repair it. She stated that Patrolman Ed Bedoe was going to retire and that Josh White would assume his position. She stated that the Police Department had received a grant to upgrade their radios. She stated that the street signs would be replaced as they deteriorated. She stated that the Village Engineer and the Mayor had met with the County Public Works Director concerning Chagrin Boulevard. She stated that it was to be paved by 2016 and the County would pay for the paving. She stated that there were vehicles scheduled for maintenance. She stated that the Police Department had requested two new vehicles, and that the current vehicles would be reviewed by the mechanic. She stated that the Service Department would hold a food drive during the next Greening the Hills on May 5, 2012. She stated that the next Roads and Safety meeting would be held March 26th.

Planning Commission:
Mr. Fritz reported on the Planning Commission. He stated that there was a to be a front set-back variance considered this evening which was tabled because the owner was not present.

Facilities:
Mr. Buczek stated that there had been two meetings held since the beginning of the year. He stated that work was underway for the grant that was received from NOPEC. He stated that one furnace had been replaced already. He stated that the painting was finished in Village hall. He stated that there was going to be a room completed on the first floor in the old CommunityBuilding for the Historical Society. He stated that the next meeting would be held March 26th at 8:15 a.m.


Approvals of Bonds, Contracts, Plats, Etc.

The Zhang Residence at 4162 Giles Road for a front yard variance was on the agenda. No one was present to represent the project.


Ordinances and Resolutions:

Ordinance 2012-09 establishing appropriations for the current expenditures of the Village of Moreland Hills, Ohio for the period ending December 31, 2012, and declaring an emergency was introduced by Mr. Wortzman.

Mr. Wortzman stated that this ordinance reflects the 2012 budgeted expenditures. Mr. Wortzman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-09.

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


Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2012-09.

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


Resolution 2012-10 finding and declaring that any initiative by the State of Ohio to take control of Municipal Income Tax Collection and Administration is unconstitutional, declaring this Council’s strong opposition to any effort by the State of Ohio to take over the collection of Municipal Income Taxes in Ohio and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that during the Treasurer’s report, it was brought up that the State was talking about taking over collection of income tax. He stated that the Home Rule Amendment made this unconstitutional. Mr. Richman made a motion seconded by Ms. Sturgis for passage of Resolution 2012-10.

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


Ordinance 2012-11 amending existing Section 521.14, weeds and grass, of Chapter 521 of the Codified Ordinances of the Village of Moreland Hills, to prohibit noxious weeds and declaring an emergency was introduced by Mr. Buczek.

Mr. Buczek stated that this was the updating of existing code to take care of noxious weeds and came under the advice of the Law Department. Mr. Buczek made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-11.

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


Mr. Buczek made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-11.

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


Ordinance 2012-12 adopting, in accordance with Section 121.01 (Q) of the Codified Ordinances of the Village of Moreland Hills, Rules of Conduct and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that Section 121.01 requires that these rules of conduct be adopted. She stated that there were eight rules included in the ordinance. Mr. Richman stated that he made copies of the Ohio Ethics Law to be copied and handed out to all Council Members by the Clerk of Council. Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2012-12.

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


Ms. Sturgis made a motion seconded by Mr. Fritz for passage of Ordinance 2012-12.

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


Ordinance 2012-13 authorizing the Mayor to enter into an agreement with Wichert Insurance Services, Inc. for provision of general liability, police professional, public official, automobile, and property insurance to the Village of Moreland Hills at the total aggregate cost of $54,657, subject to additions and deletions during the term of the agreement as approved by the Mayor; waiving competitive bidding and declaring an emergency was introduced by Mr. Wortzman.

Mr. Wortzman stated that this was an annual renewal. He stated that Wichert had served the Village for a number of years. He stated that the amount reflects a 4% increase from the previous year. Mr. Wortzman made a motion seconded by Ms. Sturgis for suspension of the rules for Ordinance 2012-13.

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


Mr. Wortzman made a motion seconded by Mrs. Cooper for passage of Ordinance 2012-13.

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


Ordinance 2012-14 to approve and adopt current replacement pages to the Codified Ordinances and declaring an emergency was introduced by Mr. Fritz.

Mr. Fritz stated that this was a housekeeping issue. Mr. Fritz made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2012-14.

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


Mr. Fritz made a motion seconded by Mr. Buczek for passage of Ordinance 2012-14.

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


Ordinance 2012-15 authorizing the Mayor to enter into a contract with Dalene M. Pride, an independent governmental affairs consultant, to conduct an audit of certain Ohio Bureau of Motor Vehicle records for the years 2011 and 2012 to correct any mis-allocations of motor vehicle registrations to the City of Solon, The Village of Chagrin Falls and Chagrin Falls Township and declaring an emergency was introduced by Mr. Wortzman.

Mr. Wortzman stated that this was a two year arrangement with the consultant. He stated that this was to insure that motor vehicles are registered correctly. Mayor Renda stated that this nets the Village approximately $5000.00 per year. Mr. Wortzman made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2012-15.

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


Mr. Wortzman made a motion seconded by Mr. Richman for passage of Ordinance 2012-15.

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


Ordinance 2012-16 authorizing Change Order No 1 with Workman Industrial Services, Inc. for the Jackson Valley, Woodland Glen & Quail Hollow waste water treatment plant pump station conversion project and declaring an emergency was introduced by Mr. Buczek.

Mr. Buczek stated that this change order was to add additional supports. He stated that it was determined that what was there already was not sufficient. Mr. Buczek made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2012-16.

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


Mr. Buczek made a motion seconded by Mr. Richman for passage of Ordinance 2012-16.

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


Ordinance 2012-17 authorizing Change Order Nos. 2 & 3 with AKE Environmental & Construction Services, Inc. for the 2011 sewer cleaning and televising program and declaring an emergency was introduced by Mr. Buczek.

Mr. Buczek stated that these two change orders were for a project that was started last year. He stated that certain areas were a lot heavier than expected and required additional cleaning. Mr. Buczek made a motion seconded by Mr. Fritz to suspend the rules for Ordinance 2012-17.

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


Mr. Buczek made a motion seconded by Mr. Richman for passage of Ordinance 2012-17.

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


Ordinance 2012-18 extending the moratorium on the review and issuance of applications for zoning permits, certificates of occupancy, and other permits and licenses, and any approvals thereof, for internet sweepstakes cafes through April 5, 2013, and declaring an emergency was introduced by Mrs. Cooper.

Mrs. Cooper stated that this was an extension of the moratorium already in place for internet cafes. She stated that a year ago Council started the review of this. She stated that Council was waiting for it to go through the General Assembly. She stated that this moratorium would run through April 5, 2013. Mrs. Cooper made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2012-18.

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


Mrs. Cooper made a motion seconded by Mr. Richman for passage of Ordinance 2012-18.

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


Ordinance 2012-19 authorizing the Mayor to purchase a minimum of 80 percent up to a maximum of 120 percent of the estimated salt tonnage requirements of the Village for 2012-2013 through the State of Ohio Department of Transportation’s contract for sodium chloride; waiving competitive bidding and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that the Service Director had asked to participate in this program again. She stated that this waives the right to competitive bidding. Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2012-19.

ROLL CALL:
AYES: Mr. Fritz, 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 Ordinance 2012-19.

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


At this time Mayor Renda excused Mr. Fritz for the reading of the next Ordinance.


Ordinance 2012-20 finding that the provision of newsletter editing, layout, and related professional consulting services are necessary services, acknowledging the relationship between Council member Fritz and Colleen Fritz, a consultant retained by the Village to provide professional newsletter services finding that the provision of newsletter services by consultant Colleen Fritz are part of a continuing course of dealing established prior to the election of Council member Fritz, finding that Council member Fritz does not have an unlawful interest in the public contract between the Village and consultant, and declaring an emergency was introduced by Mayor Renda.

Mayor Renda stated that Mrs. Fritz started working for the Village on the newly revised newsletter four years ago. She stated that the newsletter cannot be formatted at Village Hall due to the skills required for formatting. She stated that in 2008, several firms were asked to bid and Mrs. Fritz was the lowest and the best. She stated that the election of Dan Fritz to Council last fall complicated this ongoing relationship between the Village and Colleen Fritz.

Margaret Cannon stated that the Ohio law prohibits a public official from having an interest in the profits or benefits of a public contract entered in by the political subdivision with which the public official is connected even if the public official does not participate in the issuance of the contract.

Ohio law, however, provides for an exemption to this prohibition if all of the following requirements are met: (1) the subject of the public contract supplies necessary services for the political subdivision involved; (2) the services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision as part of a continuing course of dealing established prior to the public official’s becoming associated with the political subdivision; (3) the treatment accorded the political subdivision is either preferential to or the same as that accorded other customers or clients in similar transactions; and (4) the entire transaction is conducted at arm’s length, with full knowledge by the political subdivision involved, of the interest of the public official and the public official takes no part in the deliberations or decision of the political subdivision with respect to the public contract. She stated that with the passage of this legislation, all requirements have been met.

Mayor Renda stated that Mr. Fritz had recused himself from the vote on the budget due to the fact that this item was in the budget and that he had been excused so that all questions and concerns could be addressed. Mr. Buczek made a motion seconded by Mr. Wortzman to suspend the rules for Ordinance 2012-20. ROLL CALL: AYES: Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman NAYS: None Absent: Mr. Fritz Motion Carried. Mr. Buczek made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-20.

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


At this time Mr. Fritz was called back into the meeting.


Miscellaneous Business:

Mayor Renda showed pictures of some of the new homes in Moreland Mews that were going before planning at the end of the month. She stated that one of the homes was a “green” home and would be on a “green” tour.

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

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


The meeting was adjourned at 8:10 p.m.

Attest:
Julie Miller, Clerk of Council 
Steve Richman, Council President