Council Meeting Minutes - May 13, 2009

The Council Meeting of the Village of Moreland Hills was called to order by Mayor Renda at 7:00 p.m.

PRESENT AT ROLL CALL:Mr. Buczek, Mrs. Cooper, Mr. Newman, Mrs. Ovsek, Mr. Richman and Mr. Wortzman.

ALSO PRESENT:Mayor Susan Renda, Law Director Margaret Anne Cannon, Service Director Ted DeWater and Police Chief Tom Flauto.


A motion was made by Mr. Buczek seconded by Mrs. Cooper to approve the Council meeting minutes of April 15, 2009.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman.
NAYS:None
Motion carried.


PROCLAMATION

Mayor Renda presented Moreland Hills’ Police Chief, Thomas Flauto, with a proclamation recognizing May 15 as Peace Officers Memorial Day and May 10 through May 16 as Police Week.


APPOINTMENTS AND CONFIRMATIONS

Mayor Renda introduced members of the new Parks Commission and asked that Council confirm their appointments.

A motion was made by Mrs. Ovsek seconded by Mr. Buczek to confirm the appointment of Dan Fritz to the Parks Commission.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman.
NAYS:None
Motion carried.


A motion was made by Mr. Ovsek seconded by Mr. Richman to confirm the appointment of Russell Grundke to the Parks Commission.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman.
NAYS:None
Motion carried.


A motion was made by Mrs. Ovsek seconded by Mrs. Cooper to confirm the appointment of Monica Sturgis to the Parks Commission.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman.
NAYS:None
Motion carried.


A motion was made by Mrs. Ovsek seconded by Mrs. Cooper to confirm the appointment of Kris Tesar to the Parks Commission.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman.
NAYS:None
Motion carried.

The members of the Parks Commission were sworn in by the Law Director.


REPORTS OF COMMITTEES

Utilities Committee:
Mr. Buczek reported that the Utilities Committee did not meet last month and that the next meeting will be on May 18 at 3:30.

Service Committee:
Mr. Richman stated that the committee met and the minutes are self-explanatory. However, one item came up after the meeting. Because of the limitations of the conservation easement at Forest Ridge, the Service Department needs an RTV to help with construction and maintenance of the trails. To rent the vehicle for five months would cost about $4600. In contrast, purchasing the vehicle would cost $9117. After consultation with the Service Director, the Treasurer and the Mayor, he recommends purchasing this piece of equipment.

Mr. Richman made a motion seconded by Mr. Buczek to allow the Mayor to purchase a Kubota RTV 900 Series Utility Vehicle from Middle Field Farm and Garden for the development and maintenance of Forest Ridge Preserve for a cost not to exceed $9117.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman.
NAYS:None
Motion carried.


Safety Committee
Mrs. Cooper mentioned that the next CERT team meeting will be held May 19 at 7:00 p.m. The Chief has received very few complaints about the Chagrin Blvd. slope stabilization project. The Police will have a presence at Orange Jubilee.

Finance Committee
Mrs. Ovsek said the Finance Committee did not meet this month. The usual finance ordinances are on the agenda. Mrs. Cooper reported that there was a Benefits Committee meeting to discuss possible employee health insurance changes. The Committee will meet again in a couple of weeks in conjunction with the Finance Committee to further the discussion.

Buildings & Grounds Committee
Mr. Wortzman stated that the Buildings & Grounds Committee met on April 27. The Committee will review the heating and cooling contract. The new Service Facility plans were discussed at the meeting as were general maintenance issues and residents’ concerns.

Planning Commission
Mr. Newman reported that the Commission has worked diligently on the generator ordinance that is on the Agenda this evening. The Commission has recommended two variances to Council.

Mr. and Mrs. Jim Davis of 35 Fox Glen are requesting a three-foot height variance to install a deer fence. The fence will be permanent but is not visible from the street.

Mr. Newman made a motion seconded by Mr. Buczek to grant the three-foot variance to Mr. Davis at 35 Fox Glen.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman.
NAYS:None
Motion carried.


The Heathermore Condominium Association at SOM Rd. and Chagrin Blvd. is requesting a one-foot height variance to replace an existing fence.

Mr. Newman made a motion seconded by Mr. Buczek to grant the one-foot variance to replace the existing board-on-board fence with a white vinyl fence.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman.
NAYS:None
Motion carried.


Parks Commission
Mrs. Cooper reported that the Service Department is ready to install a gravel parking lot at Forest Ridge which will consist of 8 to 12 spaces. A pond wash-out area requires a culvert for trail safety. Along the trail, two bridges are needed to cross deep ravines.

Mrs. Cooper made a motion seconded by Mr. Newman to obtain bids for various improvements at Forest Ridge including informal bidding for the parking lot and the culvert and formal bidding for two bridge structures and installation of those structures.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


ORDINANCES AND RESOLUTIONS

* Ordinance 2009-5 was introduced by Mrs. Ovsek. An Ordinance for the payment of the bills in the month of May, in the amount of $ 446,085.15 and declaring an emergency.

A motion was made by Mrs. Ovsek seconded by Mr. Buczek to suspend the rules for Ordinance 2009-5.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


A motion was made by Mrs. Ovsek seconded by Mr. Newman for passage of Ordinance 2009-5.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


*Ordinance 2009-42 was introduced by Mrs. Ovsek. An Ordinance amending existing section 121.01(d), Standing Committees, of Chapter 121 of the Codified Ordinances of the Village of Moreland Hills, to establish a new Standing Committee of Council, revising the number of members serving on the Buildings and Grounds Committee, and declaring an emergency.

A motion was made by Mrs. Ovsek seconded by Mr. Buczek to place Ordinance 2009-42 on second reading.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


*Ordinance 2009-43 was introduced by Mrs. Ovsek. An Ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

A motion was made by Mrs. Ovsek seconded by Mr. Buczek to suspend the rules for Ordinance 2009-43.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


A motion was made by Mr. Buczek seconded by Mr. Newman for passage of Ordinance 2009-43.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


*Ordinance 2009-44 was introduced by Mr. Newman. An Ordinance amending existing Section1348.03, Residential Location Requirements and Section 1348.05, of Chapter 1348, Stand-By/Backup Power Generation 1127.03, of the Codified Ordinances of the Village of Moreland Hills, to modify and add regulations regarding the size, placement, and application requirements of electrical power generators in residential use districts within the Village of Moreland Hills and declaring an emergency.

A motion was made by Mr. Buczek seconded by Mrs. Cooper to amend Section 1 (b)(6) to read “other similar factors determined by the Building Commissioner.”

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


A motion was made by Mr. Newman and seconded by Mr. Buczek to suspend the rules for Ordinance 2009-44 as amended.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


A motion was made by Mr. Newman seconded by Mr. Richman for passage of Ordinance 2009-44.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


*Ordinance 2009-45 was introduced by Mr. Richman. An Ordinance authorizing the Mayor to purchase a 2009 Dump Body and Related Equipment from Concord Road Equipment MFG., INC. at a cost not to exceed twenty-three thousand four hundred thirty-five dollars and forty-five cents ($23,435.45) and declaring an emergency.

A motion was made by Mr. Richman seconded by Mr. Buczek to suspend the rules for Ordinance 2009-45.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


A motion was made by Mr. Richman seconded by Mr. Buczek for passage of Ordinance 2009-45.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


*Ordinance 2009-46 was introduced by Mrs. Cooper. An Ordinance authorizing the Mayor to purchase a 2009 Crown Victoria P71 Vehicle from Statewide Ford Lincoln Mercury through the State of Ohio Department of Administrative Services Cooperative Purchasing Program; waiving competitive bidding and declaring an emergency.

Mrs. Cooper explained that this vehicle will replace unit 4931 which has excessive mileage and an expired warranty. The Police Department fleet consists of both SUVs and Crown Victorias.

A motion was made by Mrs. Cooper seconded by Mr. Buczek to suspend the rules for Ordinance 2009-46.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


A motion was made by Mrs. Cooper seconded by Mr. Buczek for passage of Ordinance 2009-46.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


*Ordinance 2009-47 was introduced by Mr. Richman. An Ordinance authorizing the Mayor to enter into a contract with Specialized Construction Inc. in an amount not to exceed two hundred forty-eight thousand seven hundred fifty dollars ($248,750.00) for the 2009 Asphalt Maintenance Program and declaring an emergency.

Mr. Richman explained that the Specialized Construction bid was the lowest and best of the bids received.

A motion was made by Mr. Richman seconded by Mrs. Cooper to suspend the rules for Ordinance 2009-47.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


A motion was made by Mr. Richman seconded by Mrs. Cooper for passage of Ordinance 2009-47.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


A motion was made by Mr. Wortzman seconded by Mr. Buczek to go into executive session to discuss the employment of personnel.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


A motion was made by Mr. Buczek seconded by Mrs. Cooper to enter into Regular Session and Adjourn the Council meeting of May 13, 2009 at 9:05 pm.

ROLL CALL:
AYES:Buczek, Cooper, Newman, Ovsek, Richman, Wortzman
NAYS:None
Motion carried.


Adjourned 9:05 pm

ATTEST 
Margaret Anne Cannon Clerk of Council pro tem
Kelly Ovsek President of Council