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Council Meeting Minutes - August 8, 2012


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

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

Also Present: Mr. DeWater, Service Director; Greg Potts, Building Commissioner; Tom Flauto, Chief of Police; Margaret Cannon, Law Director.


Mrs. Cooper made a motion seconded by Mr. Fritz to approve the minutes of the Regular Council meeting of July 11, 2012.

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


Reports from the Mayor & Other Municipal Officials

Mr. DeWater reported that the waste water treatment plant conversion project is nearly complete and the Service Department is cleaning up the plants and the surrounding properties. Some items will be set aside for auction. The road program will begin this week.

Mr. Potts reported that the Village has received a grant from the county to convert almost all the lighting in the four buildings on campus to LED lighting. Estimates from the energy audit indicate that this will save the Village nearly 50% in electricity costs. This is a reimbursement grant so the Village will have to pay the contractor and be repaid by the county. Mr. Potts pointed out that the authorizing legislation (2011-18) allows the Mayor to execute any documentation necessary for receipt and expenditure of funds. According to Rebecca Schaltenbrand, Assistant Law Director, even though the amount exceeds the Mayor’s spending authority, no additional legislation is required.

Mayor Renda reported that she contributed to a film for the Western Reserve Land Conservancy. She emphasized the Village’s partnership with WRLC in creating Forest Ridge. She also reported that she met with Ed Jerse from the County and four mayors from surrounding areas to discuss the merger/collaboration study and moving that forward. She is optimistic that there will be a report within the year.

Mayor Renda deferred Appointments and Confirmations until later in the Agenda.


REPORTS OF COMMITTEES

Planning Commission:
Mrs. Cooper reported that Planning Commission met on July 23. The Commission approved a sign for Fringe Boutique. They proposed a round, double-sided sign, perpendicular as the sign for J3 and Flour is. The sign has three colors; black pink and white. The Planning Commission agreed that the sign would be 4 foot 8 inches in size, for a total of 34.1 square feet, which will leave less than 4 square feet for the sign for the Fountain space. A variance is not required at this time, but will be in the future. The Commission also approved a storage building, two additions, and a request for a grading permit to add soil around the caps of the septic systems. The Planning Commission had a discussion about maintenance issues at 232 Meadowood, which was discussed at the Council Committee of the Whole Meeting.

Margaret Cannon, Law Director gave an update regarding Harry Adler and the trustee owner of the property. She stated that they are being cited for their failure to empty the dumpster and clean up the property. Ms. Cannon also stated that effective now, we have a rental occupancy certificate requirement, for which they will receive a reminder that will go out on Monday.


Facilities:
Mr. Buczek reported that the JQW project is almost done and although it was a long project, he is excited about it. Along that line, Mike Bode Waste Water Manager has resigned, and we are now using Ake to run the greentree treatment plant and all pump stations, which will be a substantial savings. The engineer is filling out the necessary paperwork for the Winterberry water main project. Cleveland Water Department may pay for the water main replacement, if the Village agrees to repave the road. They also discussed the difficulties with the vacant homes and mentioned that there is now a vacant home registry which will help in resolving some of the problems. The next meeting is scheduled for Monday, August 27 at 8:00am.


Roads and Safety:
Ms. Sturgis reported that the committee met on July 24. Specialized Construction did start the 2012 Asphalt Program. Bidding will go out this month for the drainage and culvert program. It was briefly discussed that the resident and the County need to work together with regard to the repairs needed in the Wiley Creek and Trolley Trail area. The Service Department was thanked for the painting and the flushing of the new fire hydrants. The improvements began in Forest Ridge with a new trail that has opened up. The next meeting is scheduled for August 27 at 7:30am.

Mrs. Cooper asked why the barbed wire fence has not been removed on the trails because she is concerned with safety. Ted DeWater, Service Director stated that most of the fencing is on the ground and covered with leaves. The Mayor stated that removing it was discussed previously in Parks Commission, but it was determined that the removal would be very overwhelming. Mrs. Cooper said she is only concerned with the one section that appears to be about twenty feet long. The Mayor and Mr. DeWater stated that they would take a look at that particular section.


ORDINANCES AND RESOLUTIONS:

Ordinance 2012-60 was introduced by Mr. Wortzman.
An Ordinance extending a contract with the Ohio Mid Eastern Regional Education Service Agency (“OME-RESA”) for renewal of a health benefits program for Village employees, waiving competitive bidding and declaring an emergency.

Mr. Wortzman stated this relates to our transition to a new program and that we are extending the existing program to December 31, 2012. His understanding of the new funding factor is that it would be an increase of 8% or 9%.

Mr. Wortzman made a motion seconded by Ms. Sturgis for suspension of the rules for Ordinance 2012-60.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion carried.


Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2012-60.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion carried.


Ordinance 2012-61 was introduced by Mr. Richman.
An Ordinance authorizing the Mayor to enter into an agreement with Walter & Haverfield LLP from September 1, 2012 through the January 2014 organizational meeting and declaring an emergency.

Mr. Richman stated that Walter & Haverfield is an excellent firm with an excellent reputation for many years in the public law arena. He compared their contract with Ice Miller’s from last year and they are identical in cost with the exception of miscellaneous matters that we had a special price for regarding WRLC matters and some of the old litigation matters that we had with Mr. DeFranco, which obviously are not in this contract.

Mr. Richman made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2012-61.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion carried.


Mr. Richman made a motion seconded by Mr. Buczek for passage of Ordinance 2012-61.

Mr. Wortzman asked whether or not Ms. Cannon’s colleague, Rebecca Schaltenbrand, Assistant Law Director, will be going to Walter & Haverfield as well. She explained that Walter & Haverfield could not talk to Ms. Schaltenbrand until after she and Steven Byron had announced that they were leaving Ice Miller. She is hopeful that those discussions are almost concluded and that she will be able to amend this ordinance at the September meeting to add Ms. Schaltenbrand to it.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
ABSTAIN: Mr. Wortzman
Motion Carried.


Ordinance 2012-62 was introduced by Ms. Sturgis.
A resolution approving the adoption of the Countywide All Natural Hazards Mitigation Plan for Cuyahoga County, 2011 update, and declaring an emergency.

Ms. Sturgis stated that the All Natural Hazards Mitigation Plan is a criteria of the Federal Emergency Management Agency (FEMA) and it is something that we must review every five years to reflect any changes or developments that we have in our plan. The purpose of the mitigation plan is to reduce or eliminate any damages that we may see or future disasters that can happen in the village.

Ms. Sturgis made a motion seconded by Mr. Richman for suspension of the rules for Ordinance 2012-62.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried.


Ms. Sturgis made a motion seconded by Mr. Richman for passage of Ordinance 2012-62.

Mrs. Cooper asked who prepares this plan. Police Chief Flauto informed her that the County does and that this plan makes us participate in an organizational structure where if there is a disaster in our community, we would have access to equipment throughout the whole State of Ohio that would come to our aid, which is why it is important for us to be a part of this plan.

Mr. Richman commented that they have added a few items to the hazard list; wildfires, coastal flooding, and temperature extremes.

Ms. Sturgis commented on the benefits of being a part of this plan.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried.


Ordinance 2012-63 was introduced by Mr. Wortzman.
An Ordinance fixing the compensation of various officers and employees of the Village of Moreland Hills and declaring an emergency.

Mr. Wortzman asked if this is retroactive. The Mayor commented that the only amendment is for a Secretary/Clerk and that since she started on Monday, it is retroactive to the 6th. Ms. Cannon stated that effective January 1, 2012, these were the rates and nothing has changed except on page 4, the language in bold says the Clerk may also serve as Secretary to the Mayor commencing August 6, and then it sets forth the pay range for that combined position, which we did not have before.

Mr. Wortzman made a motion seconded by Mr. Fritz for suspension of the rules for Ordinance 2012-63.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried.


Mr. Wortzman made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-63.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried.


Ordinance 2012-64 was presented by Mr. Fritz.
An Ordinance confirming the appointment by the Mayor of the Village of Moreland Hills of Sherri Arrietta as Clerk of Council for a term beginning on August 6, 2012 and ending at the adjournment of the January 2014 organizational meeting and declaring an emergency.

Mr. Fritz made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2012-64.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried.


Mr. Fritz made a motion seconded by Mr. Buczek for passage of Ordinance 2012-64.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried.


APPOINTMENTS AND CONFIRMATIONS

Sherri Arrietta was sworn in as Clerk of Council.


Ordinance 2012-65 was introduced by Mr. Wortzman.
An Ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mr. Wortzman made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2012-65.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried.


Mr. Wortzman made a motion seconded by Mr. Buczek for passage of Ordinance 2012-65.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried.


MISCELLANEOUS BUSINESS:

Mayor Renda commented on the results of the Shaker tax levy, which passed by a wide margin. Chagrin Falls is going to have a tax levy in the Fall and eventually Moreland Hills will need one. At some point, a discussion will be needed on when it is that we will increase our tax base and how we will do that.

Margaret Cannon commented on how remarkable it was for the Shaker Hts. Police, Firefighters and everyone who understood what this meant to the quality of life in the City to really pitch in to help.

Mr. Buczek made a motion seconded by Mr. Richman to adjourn the meeting at 7:50 p.m.

ROLL CALL:
AYES: Mr. Fritz, Ms. Sturgis, Mr. Wortzman, Mr. Buczek, Mrs. Cooper, Mr. Richman
NAYS: None
Motion Carried


The meeting was adjourned at 7:50 p.m.

Attest: 
Sherri Arrietta, Clerk of Council 
Steve Richman, Council President



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