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Council Meeting Minutes - May 8, 2013


The Council meeting was called to order at 7:02 p.m. by Mayor Renda.

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

Also Present: Ted DeWater, Service Director; Greg Potts, Building Inspector, Police Chief Canter, Margaret Cannon, Law Director, Jeff Filarski, Village Engineer


Mr. Buczek made a motion seconded by Ms. Sturgis to approve the minutes of the Regular Council Meeting of April 10, 2013.

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


Reports from the Mayor & Other Municipal Officials

Mayor Renda asked if any department head would like to give a report to Council.


Police Department
Police Chief Canter stated that he gave each member of Council a handout regarding a black bear training session that was held today by the Ohio Division of Wildlife. He stated that he has created an Active Shooter Response policy, because there was not one in place. Chief Canter stated that he would like all the Police Chiefs in the Valley Enforcement Group to look at it and add/subtract any items with the ultimate goal of having one policy for the entire Valley Enforcement Group. He stated that he has created a citizen’s complaint form and has sent a copy of it to the Mayor. Chief Canter stated that he does not consider complaints negative because it gives him an opportunity to see how an officer operates and enables him to speak with the officer and correct the problem before there are more complaints down the road. Chief Canter stated that Lt. Wyant held a CART (Child Abduction Response Team) meeting in order to schedule a training date, which is tentatively scheduled for June 8 in the Metroparks. He stated that the new police vehicle is in and it will be picked up tomorrow. Chief Canter stated that the police department has received a partial supply of ammunition; however there is enough in stock until the rest of the supply can be delivered.

Mayor Renda informed Council members that Sgt. Janet Boehler attended the OPOJA (Ohio Police Juvenile Officer Association) Conference where she was awarded the Phillip B. Husse Award which commends an officer for dedication to the field of law enforcement and the youth of our communities, which exemplifies the goals and values of the OPOJA. Sgt. Boehler was also elected to the Board of Directors for the OPOJA. Be sure to congratulate Sgt. Boehler when you see her.

Mayor Renda stated that since they were unable to get a team together in time for the Relay for Life, she will be donating online to another team.


Building Department
Greg Potts, Building Inspector, gave a brief update on the Haas situation. He stated that he and the Village Architect met with the architect for Mr. & Mrs. Haas at their residence to do a walk-through. Mr. Potts stated that they found two items that they need to have certified by their engineer. This issue is still on-going. Mr. Potts also updated Council regarding Mr. Adler. He stated that Mr. Adler is due to appear in court tomorrow for his sentencing. Mr. Potts stated that Mr. Incorvaia, Village Prosecutor, called him to see if Mr. Adler had done any of the work that he was supposed to do on the house. Mr. Potts stated that Mr. Adler had not done any work since the last court date; however, in the last two days, he has been scrambling to complete the work. Mr. Potts stated that Mr. Adler has completed almost all of the work and he stated that he has informed Mr. Incorvaia of that. He stated that Mr. Adler is also under an eviction notice from his landlord.


REPORTS OF COMMITTEES

Roads & Safety:
Mr. Buczek reported that the Roads and Safety Committee met on April 22. He stated that there were two residents on SOM, Mr. Bass and Mr. Walker, who were concerned with a flooding issue. Mr. Buczek stated that Mr. Filarski is aware of it and is looking into it. He stated that the Clarks on Greentree have a storm sewer problem that is causing erosion, which Mr. Filarski is also looking into. Mr. Buczek stated that Mr. Filarski discussed the 2013 Asphalt Program Mr. Buczek made a motion seconded by Mr. Richman to authorize the Engineer to develop specs and advertise for bids for the 2013 Asphalt Program.

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


Mr. Buczek made a motion seconded by Ms. Sturgis to authorize the Engineer to develop specs and advertise for bids for the 2013 Culvert & Drainage Program, for an estimated cost of $101,000.00.

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


Planning Commission:
Mr. Fritz reported that the Planning Commission met on April 22. He stated that there were some interesting exchanges back and forth with Mr. Haas, as stated in the minutes. Mr. Fritz stated that the dialogue speaks volumes for why the Planning Commission exists and why the permit and inspection processes have been in place for a long time. He stated that these processes are not a money generator, but are in place to ensure safety. Mr. Fritz stated that the work continuation was tabled; it will not be considered until adequate drawings and inspections are made. He stated that the lot split was approved as it was much more typical than their original lot split submittal.

Mr. Fritz stated that there was a public hearing on the zoning changes for Ordinance 2013-05. He stated that there will be a Council Public Hearing and it will be on third reading at the June meeting.


ORDINANCES AND RESOLUTIONS:

ORDINANCE 2013-05 – Introduced by Mr. Fritz
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE PLANNING CODE OF THE VILLAGE OF MORELAND HILLS.

Mr. Fritz sated that this item is on second reading tonight and at the June Council meeting there will be a public hearing and it will be on third reading. He stated that there is a slight change to the solar regulations which was requested by Mr. Richman. While there was not an overwhelming consensus that the change was needed, it was decided to refer it to the Law Department. Next month’s packet will reflect this change.

Mr. Richman stated that he appreciates that the wording in the first part of that section has been changed, but the addition of “and the applicant has shown that the alternative locations create an undue hardship,” has created another threshold.

Mrs. Cannon stated that when you read Section B, in conjunction with what precedes it, it is clear that the intent was for the applicant to demonstrate some significant reason why one of the locations should not be required; it becomes undue hardship. Mrs. Cannon stated that in her opinion, what Council is trying to do is to put the applicant to a significant burden to not meet the locational requirements, as they do with applicants seeking a variance. Mr. Richman stated that he believes that “undue hardship” seems to be more of a stringent threshold than “economically feasible.” Mrs. Cannon stated that “economically feasible” can vary from person to person; however, “undue hardship” is a variance concept that has a lot of interpretive history and law that already exists. Mr. Richman stated that he believes that it is too restrictive. Mrs. Cannon stated that a resident has the right to make a reasonable use of their property; they do not have the right to make the most profitable use. She stated that the applicant will have to prove something more than the fact that the alternative location will produce more energy; that cannot be the sole factor.

Mayor Renda stated that it is her understanding that this is how the Planning Commission and Council have felt about it to this point. Mr. Richman stated that he does not recall anyone saying that an extra threshold of undue hardship was needed. Mayor Renda stated that she believes that this is just a clean-up of the language that was trying to portray the undue hardship.

Mr. Fritz made a motion seconded by Mr. Buczek to place Ordinance 2013-05 on second reading, as amended.

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


Mr. Fritz made a motion seconded by Ms. Sturgis for Council to set a public hearing on June 12, 2013 at 7:00pm, for Ordinance 2013-05.

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


ORDINANCE 2013-07 – Introduced by Mr. Buczek
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR FIRE PREVENTION SERVICES WITH THE VILLAGE OF CHAGRIN FALLS AND DECLARING AN EMERGENCY.

Mr. Buczek made a motion seconded by Ms. Sturgis to place Ordinance 2013-07 on second reading. Mayor Renda stated that this ordinance will be discussed at the Committee of the Whole meeting in June.

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


ORDINANCE 2013-08 – Introduced by Mr. Buczek
AN ORDINANCE ENACTING SECTION 331.43, “TEXT MESSAGING WHILE DRIVING,” OF CHAPTER 331, “OPERATION GENERALLY,” OF THE CODIFIED ORDINANCES OF THE VILLAGE OF MORELAND HILLS, OHIO.

Mr. Buczek made a motion seconded by Mr. Richman to place Ordinance 2013-08 on second reading. Mayor Renda stated that this can be discussed at either Roads & Safety or Committee of the Whole, or both. Mr. Buczek stated that it can be discussed first at Roads & Safety, then at Committee of the Whole, since it will be held shortly after the Roads & Safety Meeting.

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


Mr. Richman shared with Council that he read an article that stated that in general, statistics are being under-reported and the National Transportation Safety Board has urged states to ban all drivers from texting, e-mailing, or talking on a cell phone behind the wheel, except in emergencies.


ORDINANCE 2013-10 – Introduced by Mr. Wortzman
AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY.

Mr. Wortzman stated that this ordinance refers to the additions and deletions to the Codified Ordinances to reflect changes made through 2012. Mayor Renda stated that this was a very expensive update because of the Zoning and Building Code re-writes.

Mr. Wortzman made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2013-10.

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


Mr. Wortzman made a motion seconded by Mr. Richman for passage of Ordinance 2013-10.

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


ORDINANCE 2013-11 – Introduced by Mr. Buczek
AN EMERGENCY ORDINANCE ENACTED BY THE VILLAGE OF MORELAND HILLS , CUYAHOGA COUNTY, OHIO, REQUESTING THE COOPERATION OF THE COUNTY OF CUYAHOGA, OHIO, FOR THE RESURFACING OF CHAGRIN BLVD. (CR-35) FROM LANDER ROAD TO SOUTH LANE.

Mr. Buczek stated that this work is scheduled for 2014. He stated that the section that goes from South Lane to the Village’s east border along Chagrin Blvd. will need to be addressed eventually. Mr. Richman asked about the discrepancy of the two funds listed. Mrs. Cannon stated that it is her understanding that this work comes from the Village’s share of the Motor Vehicle Fund. The Village will not have to pay for this work to be done. Mayor Renda stated that was part of their decision to spend a lot of money on the roads this year because next year Chagrin Blvd. will have to be done. It was decided to do the minor roads this year and the major roads next year.

Mr. Buczek made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2013-11.

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


Mr. Buczek made a motion seconded by Ms. Sturgis for passage of Ordinance 2013-11.

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


ORDINANCE 2013-12 – Introduced by Mr. Buczek
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A RESTATED AND AMENDED AGREEMENT CONTINUING THE CHAGRIN VALLEY DISPATCH COUNCIL AND DECLARING AN EMERGENCY.

Mr. Buczek stated that this is an agreement among eight communities, which will allow for additional communities to join; Gates Mills is interested in joining. This is for the new facility in Bedford Heights which will also have new equipment.

Ms. Sturgis asked if there would be additional costs for the Village to move from the existing facility. Mayor Renda stated that the capital costs are estimated at this point but in terms of the operating costs, those will eventually go down because there will be possibly two additional communities joining. Mr. Wortzman asked Mayor Renda if she felt that the operating costs have been reasonably allocated. Mayor Renda stated that she felt it was as fair as they could get, because there are eight communities that vary in size and usage. She stated that there was an accountant advisor that helped with the allocation and this was his best estimate of how we should go forward with this. Mayor Renda stated that the Village’s capital costs will be around $92,000.00, which is amazing considering the fact that they were considering building an entire new building that would been a 1.5 million dollar project.

Mr. Buczek made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2013-12.

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


Mr. Buczek made a motion seconded by Mr. Richman for passage of Ordinance 2013-12.

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


RESOLUTION 2013-13 – Introduced by Mayor Renda
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT A GRANT APPLICATION WITH THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR FINANCIAL ASSISTANCE THROUGH THE NATUREWORKS PROGRAM.

Mayor Renda stated that the Village has applied for this Natureworks grant twice before for the Forest Ridge expansion. She stated that we have been turned down both times, however the WRLC would like to give it one more try.

Mr. Fritz made a motion seconded by Mr. Richman for passage of Resolution 2013-13.

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


ORDINANCE 2013-14 – Introduced by Mr. Wortzman
AN ORDINANCE AUTHORIZING THE TREASURER OF THE VILLAGE OF MORELAND HILLS TO ESTABLISH AN EQUIPMENT REPLACEMENT FUND IN THE ACCOUNTS OF THE VILLAGE AND DECLARING AN EMERGENCY.

Mr. Wortzman stated that the Treasurer discussed this with Council previously. Mr. Wortzman stated that a special fund will be established which will be used to replace obsolete equipment.

Mayor Renda stated that Mr. Shah, Treasurer, will determine what each piece of equipment is worth and then set up a depreciation schedule which will be shown to Council with the budget. She stated that Mr. Shah will charge each department’s budge the depreciated amount for that year. This will be done on a yearly basis. Mr. Buczek stated that he thinks it is a great thing because it will show more realistic costs on a regular basis.

Mr. Wortzman made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2013-14.

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


Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2013-14.

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


ORDINANCE 2013-15 – Introduced by Mr. Wortzman
AN ORDINANCE PROVIDING ADDITIONAL APPROPRIATIONS, TRANSFERRING ITEMS ALREADY APPROPRIATED, AND DECLARING AN EMERGENCY.

Mr. Wortzman stated that there are two amendments to the current appropriations; one for delinquent tax anticipation notes and the other for contract services. It also includes two transfers from the general fund to the Police and Fire Levy Fund and the Police Pension Fund.

Mr. Richman asked what the delinquent tax anticipation note was. Mrs. Cannon stated that it is a note that can be issued in anticipation of collecting certain amounts of delinquent tax.

Mr. Wortzman made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2013-15.

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


Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2013-15.

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


MISCELLANEOUS BUSINESS:

Ms. Sturgis stated that having an off-site Council training session/retreat was previously discussed and she asked if the members could discuss possible dates. Mayor Renda stated that Mrs. Cannon would discuss rights and responsibilities and then someone else would possibly do some team-building exercises. It was determined that Ms. Sturgis would send an e-mail with a few available dates in September or October.

Ms. Sturgis mentioned that Council members received an invitation for a free training class at Cleveland State.

Mr. Richman made a motion seconded by Mr. Buczek to adjourn the meeting.

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


The meeting was adjourned at 7:58p.m.

Attest: 
Sherri Arrietta, Clerk of Council 
Monica Sturgis, Council President



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