Council Meeting Minutes - May 12, 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: Ms. Sturgis, Mr. Buczek, Mrs. Cooper, Mr. Richman. Mr. Stanard.
ABSENT: Mr. Wortzman

ALSO PRESENT: Mayor Susan Renda, Law Director Margaret Cannon, Village Engineer Jeff Filarski, Building Commissioner Greg Potts, Service Director Ted DeWater, Police Chief Thomas Flauto and Clerk of Council ProTem Catherine Peters.


Ms. Cooper made a motion seconded by Mr. Buczek to approve the minutes of April 14, 2010 Council Meeting.

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


REPORT FROM THE MAYOR

Mayor Renda welcomed Mr. Taylor and his son Patrick to the council meeting and received a group photo of her with the scouts from a recent outing.

Mr. DeWater advised Council that Infinity Construction Company’s job trailer is now on site and electric and water are off in the garage service building area. Mr. DeWater and Mr. Potts will meet with Dominion Gas on May 13th regarding gas line issues, and the digging for the vehicle bay footers will begin on May 17th.

Mayor Renda reported she had taken a hike on Forest Ridge Preserve with Mr. McDonald of Western Reserve Land Conservatory to discuss issues regarding the property. It was determined that there were misunderstandings regarding the preserve area rules; therefore, steps will be taken to educate and inform the residents of the rules to prevent future misunderstandings.

Mayor Renda noted the senior van program that is financially shared with other municipalities in the Orange School District is now being taken over by Senior Transportation Connection; this will provide better services for the seniors. The current contract will be honored. Information on the program is available to any interested council member.

Mayor Renda distributed summary information on interim results for the Chagrin Falls Region Alternative Transportation Study on the multi-use trail projects.

Mayor Renda shared with Council that the students from Orange and Chagrin Falls High Schools had sent thank you notes for the donation that Moreland Hills Village contributed to their after prom event. Final note from the Mayor was that garbage tonnage is down 13% this month due to the continued efforts with the recycling program.


REPORTS OF COMMITTEES

Safety Committee
Ms. Sturgis reported that there was no meeting in April. The next meeting will be on May 25th at 8:00 a.m. and all are welcome to attend.

Mayor Renda asked Chief Flauto to report on the new GPS Tracking System now being used in the police cruisers. Chief Flauto gave a brief overview of the system and noted that Mayor Renda had been on hand to see a demonstration of the system.


Finance Committee
Ms. Sturgis reported for Mr. Wortzman, no meeting occurred last month.


Buildings and Grounds Committee
Mr. Richman commented that there had been no meeting this past month but would be meeting on May 26th at 8:30 a.m.

Service Committee
Mr. Stanard stated the committee met on April 28th and discussed residents’ issues and concerns regarding the Quail Hollow area construction project. It was noted the restoration of the area is still underway and once the project is complete the Village Engineer will make a final inspection. A second issue was noted regarding a section of guardrail on Bentleyville Road that will need to be removed for repair. Posts will be left intact since the area is prone to slippage.

Due to reconstruction of the Service Facility, bids have been taken to contract with a local service station to perform routine oil changes and service needs.

Mr. Stanard made a motion seconded by Mr. Buczek to allow the Mayor to use Moreland Hills Sunoco for oil changes and minor service needs.

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

Additionally Mr. Stanard noted that the Village roads were in overall good shape and that Fircrest and Farwood will be resurfaced after completion of the water main project. Cost sharing, grants, low interest loans and matching fund programs are being considered for the resurfacing project for Chagrin Boulevard. The last item discussed was the need to continue street sweeping as it prevents silt from entering the Chagrin River water shed and assures compliance with EPA regulations.


Utilities Committee
Mr. Buczek stated the committee met April 26th and was chaired by Mr. Stanard. It was noted that Smith and Loveless pumps and systems are a viable supplier for the Waste Water Treatment Plant. The next meeting will be May 24th at 8:00 a.m.

Mr. Buczek made a motion seconded by Mr. Stanard to allow the Mayor to enter into a lease agreement for temporary office and equipment storage space for Moreland Hills Service Department while the new service building is under construction.

Mr. Richman questioned if the Village would be able to lease the space for the “not to exceed” amount of $700.00 to which the Mayor advised yes it would be met.

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


Planning Committee
Mrs. Cooper reported that the Planning Committee had met April 26th and advised Council that several items had been reviewed. Councilwoman Cooper then welcomed Mr. Phil Dickinson and Mr. Stamas from the Orange School Project to today’s meeting to discuss the new gym for Brady Middle School. Mr. Stamas reviewed the site plan with Council. Ms. Sturgis questioned the footage for the side walk area. Mr. Stamas replied that the walk area has been reviewed with the Fire Chief and the area will accommodate their emergency equipment.

Mrs. Cooper noted that three variance requests and one conditional use permit were being brought forward.

Zoning Code 1131.08A – addressing construction in a riparian setback for the new gym area.
Zoning Code 1131.08D – covering driveway or roads for the hard surface and sidewalk area.
Zoning Code 1131.08F – regarding the disturbance of natural vegetation which covers the removal of twelve (12) trees within the riparian set back area. New native vegetation will be replanted once the project is completed.
Zoning Code 1131.07B5 – conditional use permit request to allow a storm water management basin in a riparian setback area.

It was noted that these requests have been discussed by the Planning Commission at their April meeting and approval is recommended.

A motion was made by Mrs. Cooper and seconded by Mr. Richman to approve the request for variance on Codes 1131.08A, 1131.08D, 1131.08F and a Conditional Use Permit 1131.08F for the Brady Middle School gym project

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


Ms. Sturgis asked if the conditional use permit includes the replanting of vegetation, Mrs. Cooper responded that the conditional use permits allows them to put a storm water basin in the riparian area but noted that there was intent to replant the area with vegetation while noting that the downed trees would be used for the carpenter shop in the school.

Mr. Richman inquired about a path along the construction fence and was advised by Mr. Stamas that it caused no issues to the creek area.

An amended motion was made to the current motion by Ms. Sturgis seconded by Mr. Buczek to pass the three variances and the conditional use permit contingent upon the implementation of the landscape planting plan (L1).

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


Mrs. Cooper introduced Mr. Proctor of 100 Quail Hollow who is requesting a variance for a deer fence to protect his Japanese Garden. A drawing showing the plan of the fences was disbursed to council members. The Planning Commission reviewed the drawings and recommended approval.

Mrs. Cooper made a motion seconded by Mr. Buczek to approve two variances. The first variance is for a 2 foot 8 inch deer fence, and the second variance is for 9 inches for a wooden trellis fence.

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


Mrs. Cooper introduced Mr. Allan Brown of Premier Customer Builders representing Mr. and Mrs. Bob Lee’s new home construction at 45 Raea Lane who is requesting a roof pitch variance for a 3rd roof pitch needed for a turret. Turrets need to have a steeper pitch in keeping with the architectural style of a Victorian home.

A motion was made by Mrs. Cooper seconded by Mr. Buczek for a third roof pitch for a turret at 45 Raea Lane.

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


ORDINANCES AND RESOLUTIONS

*Ordinance 2010-5 was introduced by Ms. Sturgis. An Ordinance for the payment of the bills in the month of May in the amount of $343,020.89 and declaring an emergency.

Ms. Sturgis highlighted items #26 – Railroad ties for the Woodburn Project and item #30 – Replacement of a chain saw.

A motion was made by Ms. Sturgis seconded by Mrs. Cooper to suspend the rules for Ordinance 2010-05.

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


Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Ordinance 2010-05.

Item #43 – Dodd Camera was highlighted by Mrs. Cooper questioning if this was for the police business and is it the most cost effective method to which Chief Flauto advised that it was.

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


*Ordinance 2010-33 was introduced by Mr. Richman. An Ordinance amending existing sections 1325.04, 1325.05, and 1325.13 of chapter 1325, signs and billboards, of the codified ordinances of the Village of Moreland Hills to amend the regulation of signs within the Village of Moreland Hills to provide for the regulation of temporary signs. Second Reading.

Law Director Cannon distributed a proposed revision for Council’s review making note of the significant changes to item 1325.13 (a), (b), originally (c) now (d), (e) (h) (j).

A motion was made by Mr. Richman seconded by Mr. Stanard to pass Ordinance 2010-33.

A motion by Mr. Richman seconded by Mr. Stanard on the amendment of the original motion to include discussions regarding section (c) being deleted.

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


A motion for passage as amended by Mr. Richman second by Mrs. Cooper for Ordinance 2010-33.

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


*Ordinance 2010-40 was introduced by Mr. Stanard. An Ordinance authorizing Change Order No. 1 with Terrace Construction Company, Inc. for the Quail Hollow and Woodland Glen Pump Station Force Main Project and declaring an emergency.

Mr. Filarski explained that a change in the boring method was needed due to the presence of cobbles and boulders in the area where work was being done.

Mr. Buczek made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-40.

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


Mr. Buczek made a motion seconded by Mrs. Cooper for passage of Ordinance 2010-40.

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


*Ordinance 2010-41 was introduced by the Mayor. An Ordinance enacting a new Section 951.03 “Regulations for Placement of Solid Waste and Recycling Materials for Collection” of Chapter 951 “Solid Waste Collection and Disposal” of Title Five – Other public services of the Village of Moreland Hills and declaring an emergency.

The Mayor explained that this ordinance replaces an ordinance that noted the waste collection times were to be a policy of the Mayor. Due to the volume of complaints that the Village has received about residents leaving their garbage out for long lengths of time this ordinance will allow the police department to enforce the rules surrounding waste collection.

Mr. Stanard made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-41.

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


Mr. Stanard made a motion seconded by Mr. Buczek for passage of Resolution 2010-41.

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


*Ordinance 2010-42 was introduced by Mr. Standard. An Ordinance amending existing Section 351.03 Prohibited Standing or Parking Places of the Codified Ordinances of the Village of Moreland Hills, to prohibit the standing or parking of vehicles within twenty feet of any mailbox along any roadway, to specifically prohibit the standing or parking of vehicles on Village property and declaring an emergency.

Mr. Stanard advised that the Agenda incorrectly noted this item as a Resolution instead of an Ordinance; the item will be corrected by Council Clerk.

Mr. Stanard noted that some vehicles were causing safety hazards for school buses and preventing mail delivery by parking/standing too closely to mailboxes and driveways.

Mr. Stanard made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2010-42.

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


Mr. Stanard made a motion seconded by Mrs. Cooper for passage of Ordinance 2010-42.

ROLLCALL:
AYES: Sturgis, Buczek, Cooper, Richman and Stanard.
NAYS: None
Motion carried.


*Ordinance 2010-43 was introduced by Mr. Buczek. An ordinance amending existing Section 1313.22, listing of permit fees, of Chapter 1313, Plans, Permits and Fees of the Codified Ordinances of the Village of Moreland Hills, to provide a flat rate fee for demolition and driveway fees and declaring an emergency.

Mrs. Cooper reported that Mr. Potts had recommended to Council that a review of permit fees take place to determine if they are in line with other communities. Mayor Renda researched adjacent communities and provided Council with data. After reviewing the data Council determined that they should move forward and employ a flat fee method for demolition, resurfacing and new driveway fees.

A motion was made by Mrs. Cooper seconded by Ms. Sturgis to suspend the rules for Ordinance 2010-43.

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


Mrs. Cooper made a motion seconded by Mr. Richman for passage of Ordinance 2010-43.

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


*Ordinance 2010-44 was introduced by Law Director Cannon. An ordinance establishing an Employee Retirement Incentive Plan (“ERIP”) and declaring an emergency.

Law Director Cannon reviewed the ordinance with Council. This ordinance would be in effect for a one year period. Village employees who meet the provisions of the plan and are within two years or less of vested time with PERS can retire.

A motion was made by Mr. Stanard seconded by Mrs. Cooper to suspend the rules for Ordinance 2010-44.

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


Mr. Buczek made a motion seconded by Ms. Sturgis for passage of Ordinance 2010-44.

ROLL CALL:
AYES: Sturgis, Buczek, Cooper, Richman and Stanard.
NAYS: None


*Ordinance 2010-45 was introduced by Ms. Sturgis. An ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

A motion was made by Ms. Sturgis seconded by Mr. Stanard to suspend the rules for Ordinance 2010-45.

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


A motion was made by Ms. Sturgis seconded by Mr. Buczek for passage of Ordinance 2010-45.

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


Miscellaneous Business

Mrs. Cooper reported on the upcoming Appreciation Dinner that is held on the third Thursday of June, that being June 17th. This year marks the 60th Anniversary of the dinner and Mrs. Cooper requested input for music and food. Mrs. Cooper offered to be the Committee Chairperson and asked for two volunteers to chair appetizers and desserts, two volunteers to chair dinner, one person for ice and set-up, and lastly, one person to set up and tear down. Please contact Mrs. Cooper with questions.

Mayor Renda announced that Council would go into Executive Session to discuss the acquisition and disposition of public property.

A motion was made by Mr. Buczek seconded by Mr. Standard to enter into Executive Session at 8:35 p.m.

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


A motion was made by Mr. Buczek seconded by Mrs. Cooper to go into public session and adjourn.

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


Meeting was adjourned at 9:50 p.m.

ATTEST 
Catherine Peters Clerk of Council Pro Tem
Stephen Richman President of Council