Council Meeting Minutes - July 10, 2013

The Council meeting was called to order at 7:00 p.m. by Mayor Renda.

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

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


Mayor Renda made the following statement regarding Mr. Greg Potts: “I have been coming to Council meetings in this room since 2002 and Mr. Potts attended most of those meetings as well. This is our first meeting without him and I want to invite you all after the meeting to come into the Finance Department for some Tiramisu and to exchange some stories about Greg. I know that he would want us to laugh and not be sad. Let us have a moment of silence and remember.”

Mayor Renda asked if there was any audience members that wanted to speak. Ms. Julie Liedtke, Branch Manager of the Orange Branch of the Cuyahoga County Library was present. She stated that the new library branch will hopefully be opening in the fall of 2014. Ms. Liedtke stated that they are in the process of designing the new library and that they are hopeful that the drawings will be ready for the public to see by this fall. She stated that she wanted to thank the Village for getting the information about the “Library 2 You” service on the website.

Mr. Buczek made a motion seconded by Ms. Sturgis to approve the minutes of the Regular Council Meeting of June 12, 2013.

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


Reports from the Mayor & Other Municipal Officials

Mayor Renda wanted to acknowledge that Mrs. Bissada, a resident, made the tiramisu for Council along with a card of appreciation, which she shared with the members.

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


Police Department
Police Chief Canter reported that the department took possession of a military utility vehicle, at no cost to the Village. He stated that the vehicle was obtained through LESCO, which is a program from the federal government that allows police departments to apply for surplus military equipment when it becomes available. The vehicle can easily maneuver over rough terrain, and therefore the police department would like to offer it to the Service Department to use if the need should arise. Chief Canter stated that Officer Josh White placed 4th in the Valley Enforcement Group Shooting Competition. He stated that he has conducted interviews with three people for the part–time position that will be available next month when one of our officers retires.


Finance Department
Mr. Prashant Shah, Village Treasurer reported that this is the last tax year that the Village is going to collect funds for the levy. He stated that it was last renewed in 2009 and that we have two choices on how to proceed; put it on this year’s ballot or wait and put it on the 2014 ballot. Mr. Shah stated that the State budget has put a 12.5% rollback that the resident’s will receive as a credit, but it only applies to replacement or new levies. Mrs. Cannon stated that there is still time to get it on the ballot since the deadline is ninety days before the November election. The members were in agreement to move forward to put it on this year’s ballot.


REPORTS OF COMMITTEES

Facilities Committee and Roads & Safety Committee:
Last month’s meetings were cancelled; the next meetings will be on July 22, 2013 at their regularly scheduled time.

Mr. Buczek made a motion seconded by Mr. Richman to allow the Service Director to utilize Greater Cleveland Auto Auction for the disposal of two 2008 Dodge Durango Vehicles that have been determined to have no further functional use for the Village of Moreland Hills; one vehicle has 123,532 miles and the other has 122,997 miles.

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


At this time, Mr. Wortzman stated that he had two motions to make regarding Finances.

Mr. Wortzman made a motion seconded by Ms. Sturgis to approve a payment of $3,088.00 to E-Tek Systems for services performed for the Village.

Mr. Shah stated that typically the ordering process includes creating a requisition, creating a purchase order, then placing the order for the service/supply. Sometimes an order is placed whether it be from an emergency or oversight, then the invoice is received, and then a purchase order is created. He stated that when that happens, there is a system under the State Auditor’s guidelines that allow the Treasurer to sign off on the purchase order by creating a “then and now certificate.” Mr. Shah stated that by creating that certificate, it means that he is certifying it now, but when the service/supply was order the funds were available. He stated that when the “then and now certificate” exceeds $3,000.00, it requires Council approval.

Mrs. Cooper asked what service E-Tek provides to the Village. Mr. DeWater stated that they program and maintain the automated heating system for the service facility.

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


Mr. Wortzman made a motion seconded by Mr. Buczek to approve a payment in the amount of $9,532.50 to the Auditor of State for audit services performed for the years 2011 and 2012.

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


Planning Commission:
Mr. Fritz stated that we all know just what an integral part that Greg was in the Planning Commission and in his duties as a building inspector. He stated that it was a difficult meeting, but was made easier by the efforts of Mr. Filarski and Mr. Loconti, who both stepped up to help out in order to make the transition for that meeting as seamless as possible. He stated that due to their efforts and the efforts of the Mayor and the Planning Commission coming together, we did the best we could, however it could have been better because of Greg. Mr. Fritz reported on the Haas situation on 10 Manderly Lane; Ann Dunning, Architect submitted as-built and structural drawings. He stated that her intent was to get this project to move forward, however the Commission is not ready for that yet; the Village still needs to inspect the plumbing, electrical, structural, and insulation. The Planning Commission approved the drawings with the architect’s notes, which will only allow them to move forward to work with our administration to get the required inspections completed; the approval is not an approval that will issue any permits. He stated that there were also approvals for three other projects at the meeting; a cabana, a garage, and a new kitchen addition.


ORDINANCES AND RESOLUTIONS:

Ordinance 2013-26 – Introduced by Mr. Wortzman
an ordinance authorizing the mayor to enter into the restatement of the water service agreement and related agreements with the city of cleveland.

Mr. Wortzman made a motion seconded by Mr. Buczek to place Ordinance 2013-26 on first reading and refer it to the Facilities Committee.

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


Ordinance 2013-27 – Introduced by Mr. Wortzman
an ordinance authorizing the mayor to enter into a regional stormwater management program service agreement with the northeast ohio regional sewer district and declaring an emergency.

Mr. Wortzman made a motion seconded by Mr. Buczek to place Ordinance 2013-27 on first reading and refer it to the Facilities Committee.

Mrs. Cooper asked if this was a new contract or a re-write of one we have had in the past. Mrs. Cannon stated that the Water Service Agreement (Ordinance 2013-26) is a restatement of an agreement that has been in effect since the late 1980’s. She stated that the Stormwater Management Agreement (Ordinance 2013-27) is a brand new agreement and grows in part out of the litigation. At the time the Regional Sewer District was created, there was also litigation that would have led to the creation of a regional water system, but instead of that, the Water Service Agreement was entered into between Cleveland and all the communities with which they provide water service to. Mr. Richman asked if the Chagrin River Watershed Partners had a position on the stormwater agreement. Mr. Filarski stated that they are in favor of it and are working hand in hand with the district.

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


Resolution 2013–28 – Introduced by Ms. Sturgis
a resolution accepting the petition of property owners for assessment for public roadway and drainage improvements on river mountain drive and mountain view drive; and declaring an emergency.

Ms. Sturgis stated that certain property owners on River Mountain and Mountain View Drive signed a petition requesting roadway and drainage improvements. This resolution will allow the Village to accept the petition as well as authorize the Mayor to sign on behalf of the Village, as owner of the Village owned properties in that area. Ms. Sturgis made a motion seconded by Mrs. Cooper to suspend the rules for Resolution 2013-28.

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


Mr. Buczek asked if all property owners will participate in the payment even though only 69% of them signed the petition. Mrs. Cannon stated that they would because there is a statutory minimum and once that is reached, then all property owners will be assessed. She stated that each property owner will be equally benefitted by this improvement; therefore the cost will be split equally among them. Mr. Richman asked if there were major concerns voiced by the owners that did not sign. Mrs. Cannon stated that she does not know that because the petitions were circulated by one of the residents that live on the street. She stated that she has not been contacted by anyway that is opposed to it and whether or not the residents that did not sign the petition were actively opposed to it is unknown.

Ms. Sturgis made a motion seconded by Mrs. Cooper for passage of Resolution 2013-28.

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

Resolution 2013-29 – Introduced by Ms. Sturgis
a resolution declaring it necessary to improve river mountain drive and mountain view drive by constructing roadway and drainage improvements with necessary appurtenances; and declaring an emergency.

Ms. Sturgis stated that now that the petitions have been signed and approved, this ordinance allows the required work to be done in order for the road to be dedicated to the Village.

Ms. Sturgis made a motion seconded by Mrs. Cooper to suspend the rules for Resolution 2013-29.

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


Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Resolution 2013-29.

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


Ordinance 2013-30 – Introduced by Mr. Wortzman
an ordinance authorizing the mayor to enter into a contract with baumann enterprises, inc. for the woodland glen wwtp filter and sludge tank demolition and declaring an emergency.

Mr. Wortzman stated that three competitive bids were received ranging from roughly $22,000 to $43,000. This ordinance authorizes the Village Engineer to accept the lowest bid from Baumann Enterprises, Inc.

Mr. Wortzman made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2013-30.

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


Mr. Wortzman made a motion seconded by Ms. Sturgis for passage of Ordinance 2013-30.

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


Ordinance 2013-31 – Introduced by Mr. Wortzman
an ordinance rejecting all bids received for the “2013 sewer rehabilitation program” and declaring an emergency.

Mr. Wortzman stated that the single bid received is being rejected because it is more than 10% of the Village Engineer’s $135,000 estimate for the job. This will also authorize the engineer to re-bid the project.

Mr. Wortzman made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2013-31.

ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, 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 2013-31.

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


Ordinance 2013-32 – Introduced by Mr. Buczek
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH RONYAK PAVING, INC. FOR THE 2013 ASPHALT PAVEMENT PROGRAM AND DECLARING AN EMERGENCY.

Mr. Buczek stated that five bids were received ranging from $1,016,704.40 to 1,072,424.75 with Ronyak Paving being the lowest. Mr. Filarski stated that some of the work included in this contract is for the ordinance for the River Mountain Road work.

Mr. Buczek made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2013-32.

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


Mr. Buczek made a motion seconded by Mrs. Cooper for passage of Ordinance 2013-32.
ROLL CALL:
AYES: Mr. Buczek, Mrs. Cooper, Mr. Fritz, Mr. Richman, Ms. Sturgis, Mr. Wortzman
NAYS: NONE
MOTION CARRIED


Ordinance 2013-33 – Introduced by Mr. Wortzman
an ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mr. Wortzman reported on the following expenses; a capital expense in the amount of $900 was for a replacement computer for Mrs. Arrietta and $8,000 to the State Examiner for the audit, which was not budgeted for. Mr. Shah stated that the reason it was not budgeted for was because this is the first year we are doing a bi-annual audit. He stated that when he was preparing the budget, he had asked the State to provide an estimate for a two year audit, but they did not get it to him in time. Mr. Wortzman stated that the $102,000 is being set aside for the costs related to the new dispatch center, the engineer study in the amount $44,500 as well as the contract services in the amount of $100,000 relates to the stream restoration project. The monies for that project are being set aside but they will be recovered from a grant that the Village will receive. Mr. Richman asked why those two amounts. $44,500 and $100,000 are listed as an amendment when they are already budgeted for. Mr. Shah stated that what is being approved is for the previous month. He stated that you cannot close with a negative amount, so Council is actually approving it retroactive to the previous month. Mr. Wortzman stated that there are the typical transfers for the Police and Fire Levy, the construction fund in the amount of $34,000 is for the culvert and drainage repair work being done, and the last item in the amount of $144,500 is an advance from the general fund to the SWIFF Grant fund relates to the appropriations for the Forest Ridge Stream Restoration Project; the money is being advanced but it will be returned.

Mr. Wortzman made a motion seconded by Mr. Fritz to suspend the rules for Ordinance 2013-33.

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


Mr. Wortzman made a motion seconded by Mr. Fritz for passage of Ordinance 2013-33.

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


Resolution 2013-34 – Introduced by Mr. Wortzman
a resolution adopting the alternative tax budget of the village of moreland hills for the fiscal year 2014 and declaring an emergency.

Mr. Wortzman stated that the Village submits an alternative tax budget to the county every year and they, in turn, use it to prepare a report for the State of Ohio that allows them to be informed of the resources required. This is due on or before July 20 to the Cuyahoga County Auditor.

Mr. Wortzman made a motion seconded by Mrs. Cooper to suspend the rules for Resolution 2013-34.

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


Mr. Wortzman made a motion seconded by Mr. Richman for passage of Resolution 2013-34.

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


Mrs. Cooper made a motion seconded by Ms. Sturgis to go into executive session to discuss pending or imminent litigation at 7:45pm.

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


Mr. Buczek made a motion seconded by Mrs. Cooper to come out of executive session and adjourn the meeting at 8:15pm.

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


The meeting was adjourned at 8:15p.m.

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