Council Meeting Minutes - May 14, 2008

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: Mrs. Ovsek, Mr. Richman, Mr. Buczek, Mr. Newman, Mr. Wortzman.

ALSO PRESENT: Mayor Susan Renda, Law Director Margaret Cannon, Engineer Jeff Filarski, Building Commissioner Greg Potts, Service Director Ted DeWater and Police Chief Tom Flauto.


Mayor Renda appointed Law Director Margaret Cannon as Council Clerk Pro Tem. She announced that the order of the agenda would be changed because five Council members are required for suspension of the rules and Council President Kelly Ovsek had to leave at 7:30.


ORDINANCES AND RESOLUTIONS

*Ordinance 2008-5 introduced by Mr. Wortzman. An Ordinance for payment of the bills in the month of May in the amount of $344,161.49.

A motion was made by Mr. Wortzman and seconded by Mr. Buczek to suspend the rules for Ordinance 2008-5.

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


A motion was made by Mr. Newman and seconded by Mrs. Ovsek for passage of Ordinance 2008-5.

Discussion:
Mr. Richman asked about the following expenses:

a. Apple Scientific – Mr. Wortzman answered that this expense was for equipment for the Wastewater Treatment Plants.

b. Free Enterprises – Mr. Wortzman answered that this expense was for hydrolic oil.

c. Van Curen Tree Services – Mr. DeWater explained that Council approved this expense at the October 2007 Council meeting and that the work was done over the winter months to save money. This expense is a part of our continuing program of removing dead and/or dangerous trees in the right-of-way.

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


*Ordinance. 2008-44 introduced by Mayor Renda. An Ordinance amending Ordinance No. 2008-36 passed by the Village Council on April 9, 2008, which provided for the employment of Chagrin Valley Engineering, LTD. and Jeffrey J. Filarski as engineer for the Village of Moreland Hills to provide that compensation shall be payable bi-weekly and declaring an emergency.

A motion was made by Mr. Newman and seconded by Mr. Buczek to suspend the rules for Ordinance 2008-44.

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


A motion was made by Mr. Newman and seconded by Mr. Richman for passage of Ordinance 2008-44.

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


*Ordinance 2008-45 introduced by Mr. Wortzman. An Ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

A motion was made by Mr. Wortzman and seconded by Mr. Buczek to suspend the rules for Ordinance 2008-45.

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


A motion was made by Mr. Wortzman and seconded by Mrs. Ovsek for passage of Ordinance 2008-45.

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


*Ordinance 2008-46 introduced by Mr. Newman. An Ordinance amending existing Section 153.02, Paid Holidays, of Chapter 153 of the Codified Ordinances of the Village of Moreland Hills to change the paid holidays full-time employees are granted and declaring an emergency.

A motion was made by Mr. Newman and seconded by Mrs. Ovsek to suspend the rules for Ordinance 2008-46.

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


A motion was made by Mr. Newman and seconded by Mr. Buczek for passage of Ordinance 2008-46.

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


* Ordinance 2008-49 introduced by Mr. Newman. An Ordinance authorizing the Mayor to enter into a contract with Specialized Construction, Inc. in an amount not to exceed two hundred thirteen thousand three hundred thirty-five dollars ($213,335.00) for the 2008 Asphalt Pavement Program and declaring an emergency.

A motion was made by Mr. Newman and seconded by Mr. Buczek to suspend the rules for Ordinance 2008-49.

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


A motion was made by Mr. Newman and seconded by Mr. Buczek for passage of Ordinance 2008-49.

Discussion:
There were questions about whether the asphalt plan had been changed in the last few months. Mr. Filarski responded that there had been minor changes made. He supplied a location map for those on Council who wanted to see it.

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

Chris Hartman of Chagrin Valley Engineering made a presentation to update Council on the status of the NPDES (storm water management) permit. This permit is required by the Federal Clean Water Act which is administered by the Ohio EPA. The Village was required to start its program in 2003. The permit required that the Village educate its employees and residents about storm water, that it have educational opportunities that include resident participation, eliminate illicit discharge, manage storm water issues on active construction sites, inspect retention ponds and bio-retention areas post-construction and use good housekeeping practices throughout the Village that minimize the negative effects of storm water run-off. Mr. Hartman highlighted the accomplishments the Village has made in terms of practices, educating residents, communicating with residents, passing ordinances, etc. Our 2003 permit expired last month; the EPA will re-permit next month; he anticipates no problems with getting the next permit. The next set of requirements will be more performance oriented.

Mayor Renda reminded Council members that the Utilities Committee recommended the following Storm Water Ordinance to Planning Commission last year. Planning Commission studied the Ordinance and recommended it to Council.


*Ordinance 2008-47 introduced by Mr. Newman. An Ordinance enacting Chapter 1355, Comprehensive Storm Water Management, in Part Thirteen of the Building Code of The Codified Ordinances of the Village of Moreland Hills and Declaring an emergency.

A motion was made by Mr. Newman and seconded by Mr. Buczek to suspend the rules for Ordinance 2008-47.

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


A motion was made by Mr. Newman and seconded by Mr. Buczek for passage of Ordinance 2008-47.

ROLL CALL:

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

7:30 Council President Ovsek left the meeting.

Amy Brennan of Chagrin River Watershed Partners made a presentation on the Balanced Growth Program. She asked that Council consider passing a resolution in support of this program. In consultation with the Planning Commission, Engineer Filarski, Building Commissioner Potts and Mayor Renda, CRWP drew up two maps for Moreland Hills: a Priority Development Area map and a Priority Conservation Area map. The PDA map consists only of the commercial properties in Moreland Hills, which were mapped according to permanent parcel numbers. The PCA map was based on soil type, slope, riparian setbacks, wetlands, existing large parcels that may be subject to future development and land that has been conserved. The maps are easily revised and are not regulatory. The intention is to align decision-making at the state with local zoning and planning. Passing this resolution will add points to future grant proposals and may help residents get state funding for private property issues that fall within the PCA. It is another tool to help us protect our zoning.


*Resolution 2008-48 introduced by Mayor Renda. A Resolution supporting the Chagrin River Watershed Balanced Growth Plan in cooperation with the Ohio Lake Erie Commission’s Balanced Growth Program.

A motion was made by Mr. Newman and seconded by Mr. Buczek for passage of Ordinance 2008-48.

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


Mayor Renda announced that Walt Schendel has resigned from the Planning Commission. He fell a few months ago and broke two bones. He is recuperating at home; however, he is currently unable to attend the meetings.

Mayor Renda introduced Grant Wilk, a resident of Bentleyville Road who she is appointing to fill Mr. Schendel’s unexpired term on the Planning Commission. He is a geologist and works on storm water management issues at Cleveland Hopkins Airport.

Mr. Newman made a motion, seconded by Mr. Buczek, to confirm the Mayor’s appointment of Mr. Grant Wilk to the Planning Commission for a term ending December 31, 2009.

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


Mr. Wilk was sworn in by Law Director Margaret Cannon.

Mayor Renda announced that she is appointing Councilman Steve Richman to the position of Juvenile Magistrate for the Village of Moreland Hills.

Mr. Richman gave a brief explanation of the Juvenile Diversion Program. It is a volunteer position; he works closely with Sergeant Jan Boehler of the Moreland Hills Police Department. The program is designed to keep non-violent first offenders out of Cuyahoga County Courts and give them a chance to improve their behaviors in a more local and informal setting. The Juvenile Diversion Program uses innovative programs to discourage drug use and underage drinking.

Mr. Newman made a motion, seconded by Mr. Buczek, to confirm the Mayor’s appointment of Councilman Steve Richman as Juvenile Diversion Magistrate.

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

Councilman Richman was sworn in by Law Director Margaret Cannon.


REPORTS OF COMMITTEES

Planning Commission
Mr. Newman reported that:

a. Mr. and Mrs. Jack Schron of 25 Skyline Drive applied for a lot split and consolidation. No variances were needed for this and Planning Commission recommended it to Council.

Mr. Newman made a motion, seconded by Mr. Buczek, to approve the lot split and consolidation for Mr. and Mrs. Jack Schron at 25 Skyline Drive.

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

b. Mr. and Mrs. Jack Landskroner of 160 Aspenwood applied for a roof pitch variance. Their house was previously non-conforming in that it had four roof pitches. The new roof pitch is a necessary architectural detail. Planning Commission recommended the variance to Council.

Mr. Newman made a motion, seconded by Mr. Richman, to approve the roof pitch variance at 160 Aspenwood.

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

c. Ms. Barbara Kacir of 75 Quail Hollow Drive requested a 12-foot rear yard variance. Her yard is an unusual shape surrounded by woods. Planning Commission recommended the variance to Council.

Mr. Newman made a motion, seconded by Mr. Wortzman, to approve the 12-foot rear yard variance at 75 Quail Hollow Drive.

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

Mr. Newman reported that he is investigating the need for walls at the Moreland Mews development. Mr. Henry Meyer, the developer, contests the wall requirement. Mr. Potts and Mr. Newman will attempt to resolve the issue before the next Planning Commission meeting.


Service
Mr. Newman reported that Stan Sirk, Service Department Foreman, as started the Drainage Program in the Village. Mr. Filarski feels we should wait another month before bidding out the Chagrin Blvd. Slope Instability project because more state funds may become available and we may be eligible for some of those funds. Mr. DeWater is trying to organize a recycling meeting with Mr. Boles of Midwest Recycling.

Mayor Renda reported that the Cuyahoga County Commissioners approved Moreland Hills’ request for $250,000 for the Chagrin Blvd. Slope Stabilization Project. The funds will be released to the Village in the 2009 budget year.


Building & Grounds
No report.

Finance
The Finance Committee did not meet this month. Mr. Wortzman is beginning work on the compensation study.

Safety Committee
The Safety Committee did not meet this month. The speeding issues in Pebblebrook will be discussed at the next meeting.

Utilities Committee
The minutes accurately represent the discussions held in the meeting. The next meeting will be held on Thursday, May 15 at 8:00 a.m.

Mr. Buczek made a motion, seconded by Mr. Newman, to approve the Council meeting minutes of April 9, 2008.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Newman
NAYS: None


MICELLANEOUS BUSINESS

Law Director Margaret Ann Cannon thanked Mr. DeWater for the informational tour he gave her last Friday.

Mr. Newman welcomed Mr. Wilk to the Planning Commission.

Mr. DeWater reminded everyone that the Jubilee was being held May 15 and 16 and the Service and Police Departments will have displays.

A motion was made by Mr. Buczek seconded by Mr. Wortzman to adjourn the Council Meeting of May 14, 2008.

ROLL CALL:
AYES: Richman, Wortzman, Buczek, Newman
NAYS: None


Adjourned 8:10 pm

ATTEST 
Margaret Anne Cannon Clerk of Council Pro Tem 
Kelly Ovsek President of Council