Council Meeting Minutes - September 9, 2009

The Council Meeting of the Village of Moreland Hills was called to order by Mayor Susan Renda at 7:04 p.m.

PRESENT AT ROLL CALL: Mr. Wortzman, Mr. Buczek Mrs. Cooper, Mr. Newman, Mr. Richman and Mr. Stanard.

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


Mr. Buczek made a motion, seconded by Mr. Newman to approve the Council meeting minutes of August 12, 2009.

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


REPORTS AND COMMUNICATIONS FROM THE MAYOR

Mayor Renda asked if there were any residents who would like to address Council at this time. There were none.


REPORTS OF COMMITTEES

Service Committee
Mr. Richman stated that the Service Committee met on August 26, 2009 and the Village Service Director would like to advertise for bids for the 2009 hazardous tree program. He explained that the program is for trees that are within the Village rights-of-way that are dead, diseased, leaning over the roadway due to erosion, or otherwise hazardous or potentially hazardous to the roadways. It was estimated that 90% of those removed are dead, diseased or leaning over the roadways.

Mr. Richman made a motion seconded by Mrs. Cooper to authorize the Service Director to Establish Specifications and Advertise for Bids for the 2009 Hazardous Tree Removal Program.

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

The next Service Committee meeting is Wednesday, September 30, 2009 at 8:00 am.


Planning Commission
Mr. Newman stated that at this time, there is nothing to report from the Planning Commission.

The next planning meeting will be on Monday, October 26, 2009 at 5:00 pm


Safety Committee
Mrs. Cooper stated that the Safety Committee met on Tuesday, August 25, 2009.

Mrs. Cooper confirmed that the fourth CERT training session will be on September 15th, at 7pm. The meeting is open to all residents, and any member of Council that may be interested. Chief Flauto reported that as part of an ongoing preparedness training there were several unannounced emergency response training sessions on the Orange Schools Campus in which the emergency responses were very good. The police department will continue to conduct walk throughs in order to maintain a presence on the school campus. Mr. Cooper reported that the renovations to the duty room are now complete. Chief Flauto stated that the 911 system has been updated to include Raea Drive subdivision. Mrs. Cooper also stated that the Safety Committee continues to discuss the Police and Fire levy that is coming up, and it will remain on their agenda until it is passed. The Safety Committee is continuing to evaluate the safety of a curved section of Chagrin River Rd. and decide if the Village should to remove a tree, move utility lines, or lower the speed limit. The next meeting will be Tuesday, September 22, 2009 at 8:00 am.


Parks Commission
Mrs. Cooper reported that the Parks Committee did not meet last month.

Utilities Committee
Mr. Buczek stated that the Utilities Committee met on Monday, August 24, 2009 . Mr. Buczek advised that the Jackson Valley water main is essentially complete. Mr. Buczek explained that there is going to be a forced main installed in Hunting Valley and part of the main will be partially installed in Moreland Hills along South Woodland. A fiber optic line will also be installed along South Woodland, and more information will follow on that project when it becomes available. The Cleveland Water Department has approved the Farwood and Fircrest water main replacement project. The project will be handled by Chagrin Valley Engineers, and they will be reimbursed directly by the Cleveland Water Department.

Mr. Filarski explained that the bids for the new service facility Phase I came in 33 % higher than the architects’ estimate of cost. State law requires that the bids be rejected, when the bids are more than 10% over estimate, the Village readvertise for bids again.

Mr. Buczek made a motion seconded by Mrs. Cooper to authorize the Village engineer to reject the current bids and readvertise for bids for the Service Facility Phase I.

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

The next Utilities Committee meeting will be Monday, September 21st at 3:30 pm.


Finance Committee
Mr. Stanard stated that the Finance Committee did not meet last month.

Buildings and Grounds
Mr. Wortzman stated that the Buildings and Grounds Committee met on Monday, September 24, 2009. At this time, no residents’ concerns were communicated. Mr. Potts and Mr. DeWater explained the scheduled building maintenance which follows: The front door at Town Hall will be winterized and mortar is needed for the old schoolhouse. A standing water issue at the entrance of the Police Station will be addressed. The elevator is in need of repair in the Community Center, and a quote is being sought. Mr. Wortzman explained that there will be one more banner that will be used on the phone posts and there will be a hard schedule adopted to change the banners. Also, several American flags that are in disrepair will be replaced. The next Buildings and Grounds meeting will be Monday, August 21, 2009 at 8:00 am.


ORDINANCES AND RESOLUTIONS

*Ordinance 2009-9 was introduced by Mr. Stanard. An Ordinance for the payment of the bills in the month of September, in the amount of $ 573,348.51 and declaring an emergency.

Mr. Stanard made a motion, seconded by Mr. Buczek to suspend the rules for Ordinance 2009-9.

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


Mr. Richman questioned #79, payment of $2,325.00 to Kaplan Consulting. Mayor Renda explained that this was for psychological testing/diagnosis for the ongoing BWC Case.

Mr. Buczek questioned #67, payment of $318.50 to Evans Printing for plumbing permits and contractor’s licenses. Mr. Potts confirmed that it is necessary to have these items printed off site, as the Village does not have the proper programming to print them in-house.

Mrs. Cooper questioned #59, payment of $2267.36 to the Cuyahoga County Treasurer. Mayor Renda explained that this was for the second half property tax for the property that the Village purchased at 37545 Chagrin Boulevard. Mayor Renda stated that the Village will only be required to pay property taxes on the property for the first year after purchase.

Mrs. Cooper questioned #92, payment of $126.62 to National City Bank. Mayor Renda explained that this was for the Staff luncheon meetings held for the last two months, and that the budget for staff meetings is $50.00. Also, there were various supplies purchased: paper plates, napkins, plastic cutlery.

Mr. Stanard made a motion, seconded by Mrs. Cooper for passage of Ordinance 2009-9.

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


*Ordinance 2009-75 was introduced by Mr. Richman. An Ordinance Authorizing Change Order No.7 with Fabrizi Truking and Paving Co., For the Chagrin Boulevard Slope Stabilization Project and Declaring an Emergency.

Mr. Richman made a motion, seconded by Mr. Buczek to suspend the rules for Ordinance 2009-75.

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


Mr. Richman explained that the increase in cost of $5878.80 is due to the usage of ODOT class “MS” cement. The original estimate included the cost for class “C” cement, but due to the time restraints put on opening Chagrin Blvd, it was necessary for the Village to use the quick drying cement in place of the previously planned class “C”.

Mr. Richman made a motion, seconded by Mr. Buczek for passage of Ordinance 2009-75.

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


*Ordinance 2009-76 was introduced by Mr. Richman. An Ordinance Authorizing Change Order No. 8 with Fabrizi Trucking and Paving Co., Inc for the Chagrin Boulevard Slope Stabilization Project and Declaring an Emergency.

Mr. Richman made a motion, seconded by Mr. Stanard to suspend the rules for Ordinance 2009-76.

Mr. Richman explained that the increase of $265.34 was due to the discovery of a second existing manhole cover that was deteriorating and needed to be replaced.

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


*Ordinance 2009-77 was introduced by Mr. Richman. An Ordinance Authorizing Change Order No. 9 with Fabrizi Trucking and Paving Co., Inc for the Chagrin Boulevard Slope Stabilization Project and Declaring an Emergency.

Mr. Richman made a motion, seconded by Mr. Wortzman to suspend the rules for Ordinance 2009-77

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


Mr. Richman explained that there was a decrease of $20,125.70 in the total cost from the original projected amount to complete the project and the actual amount that was paid out. This is a final reconciliation and closes out the project.

Mr. Richman made a motion, seconded by Mr. Buczek for passage of Ordinance 2009-77

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


*Ordinance 2009-78 was introduced by Mr. Stanard. An Ordinance Providing Additional Appropriations, Transferring Items Already Appropriated and Declaring an Emergency.

A motion was made by Mr. Stanard, seconded by Mrs. Cooper to suspend the rules for Ordinance 2009-78

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


Motion was made by Mr. Stanard, seconded by Mrs. Cooper for passage of Ordinance 2009-78.

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


*Ordinance 2009-79 was introduced by Mr. Buczek. An Ordinance Authorizing Change Order No. 1 with Precision Directional Boring, LLC. for the Jackson Valley Pump Station Force Main Project and Declaring an Emergency.

Motion was made by Mr. Buczek, seconded by Mrs. Cooper to suspend the rules for Ordinance 2009-79.

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


Mr. Buczek explained the increased cost of $23,251.21 is due to additional time and material that were needed to bore through rock areas that did not show during test bores. The contractor presented the information to the Village Engineer, who confirmed the findings.

Motion was made by Mr. Buczek, seconded by Mr. Wortzman for passage of Ordinance 2009-79.

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


*Ordinance 2009-80 was introduced by Mr. Buczek. An Ordinance Authorizing Change Order No. 2 with Precision Directional Boring, LLC. for the Jackson Valley Pump Station Force Main Project and Declaring an Emergency.

Motion was made by Mr. Buczek, seconded by Mrs. Cooper to suspend the rules for Ordinance 2009-80.

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


Mr. Buczek explained that this is a change order to decrease of $3446.00 in the original amount to be paid out , This decrease is due to final quantity reconciliation at the completion of the project. The Contract is now complete and will be closed out.

Motion was made by Mrs. Cooper, seconded by Mr. Buczek for passage of Ordinance 2009-80.

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


*Ordinance 2009-81 introduced by Mayor Renda. An Ordinance Confirming the Appointment by the Mayor of the Village of Moreland Hills of Dina Lelonis as Clerk of Council for a Term of One Year and Declaring an Emergency.

Motion was made by Mrs. Cooper, seconded by Mr. Wortzman to suspend the rules for Ordinance 2009-81.

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

Mrs. Cooper inquired if the Clerk of Council will still be the Secretary for the Parks Commission. Mayor Renda confirmed that the Clerk of Council will still retain the responsibilities of secretarial duties for the Parks Commission.

Motion was made by Mrs. Cooper, seconded by Mr. Buczek for passage of Ordinance 2009-81

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


*Ordinance 2009-82 introduced by Mayor Renda An Ordinance amending Ordinance No. 2008-97, passed by Council on December 10. 2008, , Which Fixed the Compensation of Various Officers and Employees of the Village of Moreland Hills, to Change the Compensation of the Clerk of Council to an Hourly Rate and Declaring an Emergency.

Motion was made by Mrs.Cooper, seconded by Mr. Buczek to suspend the rules for Ordinance 2009-82.

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


Mayor Renda stated that the Clerk of Council will no longer be paid on a per meeting basis. The Clerk will be paid on an hourly rate of $19.50 per hour while attending the meetings.

Motion was made by Mrs. Cooper, seconded by Mr. Newman for passage of Ordinance 2009-82

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


*Ordinance 2009-83 introduced by Mr. Richman. An Ordinance Amending Part Nine Streets, Utilities, and Public Services Code by Enacting Chapter 953 “Senior Citizens and Physically/Mentally Disabled Snow Removal Program” to Establish the Program and Program Requirements and Declaring an Emergency.

Motion was made by Mr. Richman, seconded by Mr. Buczek to suspend the rules for Ordinance 2009-83

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Newman, Richman, Stanard
Nays: None
Motion carried.


Mr. Richman explained that at this time, the Village will be taking what has been policy and turn it into an Ordinance. The program will be available to qualifying residents and an application must be filled out. Any resident who falsifies information will become disqualified, and will be required to reimburse the Village for services received under false pretenses. Mr. Stanard asked if a resident feels that they qualify and are rejected by the program, will they be able to appeal that decision? Mayor Renda confirmed that any citizen can appeal to the Mayor at any time.

Motion was made by Mr. Richman, seconded by Mr. Newman for passage of Ordinance 2009-83.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Newman, Richman, Stanard
Nays: None
Motion carried


*Ordinance 2009-84 introduced by Mr. Buczek. An Ordinance Authorizing the Mayor to Enter into a Contract with Terrace Construction Company, Inc. in an Amount Not to Exceed Five Hundred Sixty-Eight Thousand Twenty-Six Dollars ($568,026) for the Quail Hollow and Woodland Glenn Pump Station Force Mains Project and Declaring an Emergency.

Motion was made by Mr. Buczek, seconded by Mr. Wortzman to suspend the rules for Ordinance 2009-84.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Newman, Richman, Stanard
Nays: None
Motion carried


Mr. Buczek explained that the Village will be working on this project with Pepper Pike with an estimated date of completion of June 2010. Mr. Buczek stated that he felt the Village received a very good bid from Terrace. Mr. Newman asked if the price was solid, and if there was any way the Village could talk Terrace down. Jeff Filarski confirmed that legally the bid can not be renegotiated.

Motion was made by Mr. Buczek, seconded by Mr. Wortzman for passage of Ordinance 2009-84.

ROLL CALL:
AYES: Wortzman, Buczek, Cooper, Newman, Richman, Stanard
Nays: None
Motion carried


MISCELLANEOUS BUSINESS

Mayor Renda confirmed that the next Committee of the Whole meeting is scheduled for October 7th at 7pm. At that meeting the new bids for Phase I of the Service Facility will be discussed, and the Treasurer will also be in attendance and will go over the five year financial plan for the Village.

A motion was made by Mayor Renda, seconded by Mr. Buczek to go into executive session to discuss pending litigation.

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

Regular Council Meeting Adjourned at 8:08 pm and council entered into a executive session at that time.

A motion was made by Mr. Buczek, seconded by Mrs. Cooper to enter into public session and adjourn the meeting at 8:25 pm.

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


ATTEST:
Dina M. Lelonis Clerk of Council
Robin Cooper President of Council