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Council Meeting Minutes - June 11, 2014


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

PRESENT AT ROLL CALL: Mr. Buczek, Mr. Fritz, Mr. Richman, Mr. Sherck, Mr. Stanard, Ms. Sturgis

Also Present: Ted DeWater, Service Director, Margaret Cannon, Law Director, Jeff Filarski, Village Engineer, Prashant Shah, Treasurer, Sherri Arrietta, Clerk of Council


Mr. Richman made a motion seconded by Mr. Fritz to approve the minutes of the last Regular Council Meeting of May 14, 2014.

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


Reports from the Mayor & Other Municipal Officials

There were no reports.


REPORTS OF COMMITTEES

Planning Commission:
Mr. Fritz reported that the Planning Commission met on May 19, 2014. He stated that he wanted to inform Council that Mr. Strichko updated everyone on the Haas project. They have been working at an acceptable pace and are making progress, but they were not going to make the deadline of June 10th set forth by the Planning Commission. Mr. Fritz stated that they requested and were granted another 30 days until July 10th, contingent upon receipt of a formal written request.


Facilities:
Mr. Richman reported that the Facilities Committee did not meet last month. The next regularly scheduled meeting is on June 24 at 8:00am.


Roads & Safety:
Mr. Buczek reported that the Roads & Safety Committee did not meet last month. The next regularly scheduled meeting is on June 24 at 7:30am.


Approval of Bonds, Contracts, Plats, Etc.

Pavlos Pavlidis
3660 Chagrin River Road
Erosion Control – Conditional Use Certificate

Mr. Fritz stated that the conditional use certificate for erosion control was recommended to Council by the Planning Commission. He stated that in January, Mr. Pavlidis came before the Planning Commission; there was extensive work going on at his house, located at 3660 Chagrin River Road, including interior and exterior work. There is a stream on his property that creates an issue because it winds around the property from the back, through the driveway area, to the front. This stream created a hardship in three areas; oxbow to the rear of the house, areas underneath the driveway, and an area by Chagrin River Road. Mr. Fritz stated that Mr. Pavlidis initially had a contractor controlling the project that circumvented the Village’s permitting process; however, he has expressed remorse and no longer has that contractor on the job. He stated that Mr. Pavlidis was awaiting the approval from the Army Corps of Engineers before appearing before Council; he has since received that and it was included in the Council packet. The applicant is requesting Council’s approval for the conditional use certificate so that the erosion control work can continue.

Mr. Fritz made a motion seconded by Mr. Stanard to approve the conditional use certificate for erosion control at 3660 Chagrin River Road. Mr. Richman asked Mr. Filarski if there was any additional information required from the applicant. Mr. Filarski stated that the applicant has provided everything he requested.

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


Mr. Pavlidis informed Council that the work required on his property is a lot more extensive than he originally thought, but that the work is steadily continuing. He stated that almost all the windows have been replaced and the siding will be installed next week. Mr. Pavlidis stated that he is hoping to be able to get into the house by November. He stated that now with Council’s approval, he can start taking care of the erosion problem.

Mr. Pavlidis asked Council if a “No Engine Break” sign could be put up on South Woodland Road. Council refered this matter to the next Roads and Safety Committee Meeting on June 24.


ORDINANCES AND RESOLUTIONS:

Ordinance 2014-37 – Introduced by Mr. Fritz
an ordinance amending section 1348.03, “residential location requirements,” and repealing chapter 1329, “topsoil removal,” of the building code, and declaring an emergency.

Mr. Fritz stated that this ordinance has two parts; the first one is to correct an incorrect reference as it relates to the placement of generators and the second part is to remove the section relating to topsoil removal from the Building Code since it is also addressed in the Zoning Code.

Mr. Fritz made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2014-37.

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


Mr. Fritz made a motion seconded by Ms. Sturgis for passage of Ordinance 2014-37.

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


Ordinance 2014-38 – Introduced by Mr. Buczek
an ordinance amending section 331.43, “text messaging while driving,” of chapter 331, “operation generally,” of the codified ordinances of the village of moreland hills.

Mr. Buczek stated that this ordinance was discussed at the Committee of the Whole meeting last week. He stated that it would make the utilization of all hand-held devices (cell phone, GPS, etc.) while driving, a primary offense, unless it is an emergency or if they are used in a “hands-free” manner.

Mr. Buczek made a motion seconded by Mr. Stanard to place Ordinance 2014-38 on first reading.

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


Ordinance 2014-39 – Introduced by Mr. Richman
an ordinance rejecting all bids received for the “2014 sewer rehabilitation program” and declaring an emergency.

Mr. Richman stated that the two bids received for this project were more than 10% of the estimated cost which is prepared by the Village Engineer; therefore the Village has the right to reject those bids and re-bid out the project. Mr. Stanard asked Mr. Filarski if he intends to alter the scope of work. Mr. Filarski stated that he is going to reduce the number of catch basins to be cleaned out.

Mr. Richman made a motion seconded by Mr. Fritz to suspend the rules for Ordinance 2014-39.

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


Mr. Richman made a motion seconded by Mr. Buczek for passage of Ordinance 2014-39.

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


Ordinance 2014-40 – Introduced by Mr. Buczek
an ordinance authorizing the mayor to enter into a contract with eclipse co., llc for the 2014 culvert and drainage repair program and declaring an emergency.

Mr. Buczek stated that this is the Village’s annual culvert and drainage repair program. Mr. Filarski informed Council that in the last 14 years, over one million dollars was spent on this program. Mr. Buczek stated that a lot of that was because in the past, the work had not been done for many years, so it required more extensive repair work, however, moving forward, we can eventually “catch-up” and not have to do as extensive work.

Mr. Buczek made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2014-40.

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


Mr. Buczek made a motion seconded by Mr. Sturgis for passage of Ordinance 2014-40.

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


Ordinance 2014-41 – Introduced by Mr. Buczek
an ordinance authorizing the mayor to enter into a contract with on-call waterproofing for the hickory lane bio-retention cell project and declaring an emergency.

Mr. Buczek deferred to Mr. Filarski to comment about this ordinance. Mr. Filarski stated that this is one of the projects being done with the left over funds from the Forest Ridge Stream Restoration Project, with approval from the OEPA. He stated that a bio-retention cell will be installed on Hickory Lane to intercept the water.

Mr. Buczek made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2014-41.

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


Mr. Buczek made a motion seconded by Ms. Sturgis for passage of Ordinance 2014-41.

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


Ordinance 2014-42 – Introduced by Mr. Sherck
an ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mr. Sherck stated that the transfer amounts are as follows: $1600.00 for a training class, including travel expenses, for two Service Dept. mechanics; $1200.00 in the SCM&R fund for tree grinding and street sweeping expenses; and $525,000.00 was transferred to the SCM&R fund to accommodate the annual road maintenance program.

Mr. Sherck made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2014-42.

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


Mr. Sherck made a motion seconded by Mr. Buczek for passage of Ordinance 2014-42.

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


Resolution 2014-43 – Introduced by Mr. Sherck
a resolution adopting the alternative tax budget of the village of moreland hills for the fiscal year 2015 and declaring an emergency.

Mr. Sherck stated that the tax budget is our annual request for the much needed property tax dollars. He stated that it has to be approved by Council before July 15th and submitted to the County before July 20th.

Mr. Sherck made a motion seconded by Mr. Buczek to suspend the rules for Resolution 2014-43.

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


Mr. Sherck made a motion seconded by Mr. Buczek for passage of Resolution 2014-43.

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


Ordinance 2014-44 – Introduced by Ms. Sturgis
an ordinance authorizing a settlement with thomas j. flauto, and declaring an emergency.

Ms. Sturgis stated that Mr. Flauto was employed by the Village as the Chief of Police. In February of 2013, Mr. Flauto was indicted on State Criminal Charges by the Madison County Grand Jury, specifically for allegations regarding unauthorized use of computer, cable or telecommunications property. At that time, he was placed on unpaid administrative leave effective February 2013. In May 2014, the criminal charges against Mr. Flauto were dismissed without prejudice. Ms. Sturgis stated that Mr. Flauto was required to retire from his position as Chief of Police in the Village, within thirty days of the dismissal. Since the dismissal, Mr. Flauto has asserted that he is entitled to reinstatement to his former position as Chief of Police, with back pay and other accrued benefits. It is the position of the Village that Mr. Flauto is not entitled to reinstatement, back pay or other benefits from the Village. As of June 4, 2014, the Village did receive a letter from Mr. Flauto announcing his retirement as the Chief of Police of the Village of Moreland Hills. This ordinance is to resolve the issue by authorizing the Mayor to enter into a settlement agreement with Mr. Flauto, which has also been approved by the Law Director.

Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2014-44.

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


Ms. Sturgis made a motion seconded by Mr. Richman for passage of Ordinance 2014-44.

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


Mr. Buczek made a motion seconded by Mr. Stanard to adjourn the Regular Council Meeting.

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


The meeting was adjourned at 7:30p.m.

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



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