Special Council Meeting Minutes - July 22, 2010

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

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

ALSO PRESENT: Mayor Susan Renda, Service Director Ted DeWater, Village Engineer Jeff Filarski, Prosecutor Santo Incorvaia and Clerk of Council Catherine Peters.

Mayor Renda advised that today’s agenda would be abbreviated.


ORDINANCES AND RESOLUTIONS

*Ordinance 2010-54 was introduced by Mrs. Cooper. An Ordinance amending existing section 1127.021 Residential Open Space Conservation District, of Chapter 1127 of the Codified Ordinances of the Village of Moreland Hills, to authorize as conditional uses in the district, recreational space and facilities used by not-for-profit, governmental, or similar entities, dedicated to preserving, maintaining, and managing open space in the district and declaring an emergency.

As a result of the discussion at the Public Hearing on July 14th surrounding the words “not-for-profit” and nonprofit Mayor Renda explained that Law Director Margaret Cannon had investigated the terminology and advised that in the state of Ohio, the technically correct term is “nonprofit” rather than “not-for-profit.” Therefore the Law Director recommends that the language in section J(1) and (2) be changed from “not-for-profit” to “nonprofit.”

Mr. Richman made a motion seconded by Mr. Buczek to amend the language of the caption J(1) and (2) be changed from “not-for-profit” to nonprofit.

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


Mrs. Cooper made a motion seconded by Mr. Buczek for passage of Ordinance 2010-54 as amended on July 22, 2010. Mr. Incorvaia clarified that this ordinance was on third reading therefore there was no need for a motion for suspension of the rules.

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


*Ordinance 2010-63 was introduced by Major Renda. An Ordinance authorizing Change Order No. 2, at a cost not to exceed fifty-eight thousand three hundred sixty-four dollars ($58,364.00), with Infinity Construction Company for the Village of Moreland Hills service department improvements project, and authorizing an increase in the contract with Infinity Construction Company to provide for additional contingency funds in the amount of ninety-six thousand nine hundred twenty-one dollars and fifty cents ($96,921.50), and declaring an emergency.

Mayor Renda invited Patrick Thornton of R.E. Warner to give an overview on the current construction status and to explain the change order request. Mr. Thornton stated that the vehicle repair garage which is next to the Community Building is rapidly nearing completion. The exterior walls are up, brick is around the building and the concrete slab will soon be poured. A tentative finish date is the first of September which is ahead of schedule. The foundation for the vehicle maintenance facility should be complete by July 28th. Construction on the building should begin August 16th with a completion date of January 15th which is approximately two weeks beyond their original completion date but still within the specified contract.

Mr. Thornton noted that there were three significant cost changes:

$58,364.00 – Unsuitable soil materials that could not be built upon were discovered during excavation and it was required by contract that the unsuitable material be removed and acceptable fill put in its place before construction of the service facility building proceeded. This was an unforeseen condition.

$43,480.00 – The foundation size needed to be increased. The horizontal and uplift load reactions were outside the anticipated ranges based on structural engineering information used for the design.

$96,921.50 – Contingency Fund. Mr. Thornton explained that changes to the building design were required by the state examiner. When the project was put out to bid it was also sent to the state examiner’s office at the same time so that permits could be received. Eighteen items needed to be changed per the examiner’s office. One of the wall systems needed to be changed from a stud wall to a block wall with insulation and furring; the other seventeen changes were minor. After these expenses are covered it is expected that there would still be approximately $50,000.00 left in the contingency fund to handle any other unforeseen expense.

Mr. Buczek asked if the Mayor will bring the change orders to Council to which she responded that she would bring the construction change directives once she has approved them.

Mr. Buczek made a motion seconded by Mr. Stanard to suspend the rules for Ordinance 2010-63.

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


Mr. Buczek made a motion seconded by Mr. Stanard for passage of Ordinance 2010-63.

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


Miscellaneous Business

Mrs. Cooper extended a thank you to Council for all their help in making the Employee Appreciation Dinner a success.

2010 Asphalt Road Program map was distributed to Council members, if there are any questions please contact Jeff Filarski.

Mayor Renda advised Council that she had a scheduled meeting with Orange Board of Education to discuss the school resource officer and that she would report her findings at the next Council Meeting.

Mayor Renda suggested foregoing the Committee of the Whole Meeting on August 4th since there is nothing on the agenda at this time and in its place and hold a Finance Meeting. Mrs. Cooper and Mr. Buczek advised that they will be out of town on August 4th.

Mayor Renda reminded Council that according to the Charter employees of the Village respond to the Mayor and that if there are any questions regarding work that needs to be done by the employees please go thru the Mayor. This arrangement has proven to be the most efficient method.

A motion was made by Mr. Buczek seconded by Mr. Richman to adjourn the meeting at 7:53 p.m.

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


ATTEST
Catherine Peters Clerk of Council
Stephen Richman President of Council