Council Meeting Minutes - October 10, 2012

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; Greg Potts, Building Commissioner; Tom Flauto, Chief of Police; Margaret Cannon, Law Director, Jeff Filarski, Village Engineer


Mayor Renda asked if there were any additions or corrections to last month’s minutes. Mrs. Cooper stated that on page 11, second paragraph, the word “and” should be removed from the statement “Mayor Renda stated that she and attended an interesting meeting on Saturday with the Council of Governments for the Chagrin Valley Dispatch.”

Mr. Richman made a motion seconded by Mrs. Cooper to approve the minutes of the Regular Council Meeting of September 12, 2012, as corrected.

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

Margaret Cannon, Law Director introduced Aimee Lane, the new Assistant Law Director. She stated that Mrs. Lane has been at Walter & Haverfield for a number of years, and prior to that, was involved in municipal law. Mrs. Cannon stated that Mrs. Lane brings a lot of municipal and zoning experience to the Village. Mrs. Lane thanked Council and informed them of her work experience. She stated that she has worked for a variety of communities and currently is the Assistant Law Director for the City of Hudson. Mrs. Lane stated that she is primarily involved with Planning and Zoning matters and advising Planning Commissions and Boards of Zoning Appeals on such matters.

Mayor Renda stated that the WRLC Grand Opening is on October 17th from 5pm to 7pm.

Mayor Renda stated that years ago she and Mr. Fritz tried to get the EMS response times improved on the west side of Moreland Hills. She stated that Mr. Fritz has continued to work on that since he has been on Council and he has some exciting news to report. Mr. Fritz stated that recently it was decided that if Chagrin determined that a call met a certain amount of criteria, then they would let Orange be a first responder. He stated that it has worked to a point, but it was open to interpretation of whichever dispatcher was in charge that shift, but that they were making progress and a valiant effort was being made. He stated that additional progress was made because decided to institute an automatic response for anything west of SOM Center Road, which means that dispatchers will dual tone both Orange and Chagrin Fire Departments at the same time when they receive a 911 call for that area. Mr. Fritz stated last week a 911 call came in that a resident on Meadowood was having chest pains. He stated that both departments were dispatched, but Orange arrived on scene first and was able to get a good synopsis of the patient’s condition to hand over to Chagrin when they arrived on scene. Mr. Fritz thanked Mayor Renda and the Chagrin Falls Fire Department and their Chief, Frank Zugan for working to make this improvement. Mayor Renda thanked Mr. Fritz for seeing this through.


REPORTS OF COMMITTEES

Planning Commission:
Mrs. Cooper reported that Planning Commission met on September 24th. She stated that the WRLC requested variances for the two parking lot pole lights in the rear parking area, the bollard lights in the front parking area, and the wattage of the bulbs. Section 1171.09 states that lamps on raised posts in parking areas are to be a maximum of 7 ft. high, and the proposed lighting is on 14 ft. 6 inch poles which will require a 7 foot variance. Mrs. Cooper stated that the height is needed on the poles because there are only two. She pointed out on the photometrics the amount of light that will be transmitted. Mrs. Cooper stated that according to the code, the maximum allowable wattage of the bulbs is 75 watts and the WRLC is using 100 watt bulbs and will therefore require a variance for 25 watts. She stated that the last variance refers to Section 1179.01(E) regarding driveway lighting. The code allows a maximum of 2 feet above grade for the bollard lights and the WRLC is requesting 4 feet, which will require a 2 foot variance. She stated that all three variance requests are safety related and the lighting should not affect the neighbors, however the Planning Commission has the right to reconsider it if there are any complaints.

Mrs. Cooper made a motion second by Mr. Richman to approve a 7 ft. height variance for two rear parking lot light poles, a variance from 75 watt bulbs to 100 watt bulbs for the parking lot pole lights, and a 2 ft. variance for the parking lot bollards lights located at 3850 Chagrin River Road, all subject to the conditional use permit and the fact that the lighting may be reconsidered should there be any issues or complaints from the residents of Moreland Hills.

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


At this time, Mayor Renda introduced LeAnn Davis from the WRLC who was present to request a waiver of their conditional use permit. Ms. Davis stated that the WRLC is holding an event on November 14th from 6:30pm to 8:30 pm, with the major donors of the new headquarters project. The event will include dinner and tours of the facility. She stated that there will be sixty guests and they intend on providing valet parking. Ms. Davis stated that the WRLC has had conversations with the Metroparks regarding the use of their parking lots for any overflow parking; however, she stated that they do not believe they will need that. Mr. Fritz stated that it has been recommended to have an officer to help with crossing the street if they are to use the Metroparks parking lot. Ms. Davis stated that they have planned for that, if needed. Mrs. Cannon stated that based on conversations with Mr. Koonce, the WRLC would plan to have a police officer present, however Council can certainly make that a condition of the approval.

Mr. Richman made a motion seconded by Mrs. Cooper to approve a waiver of Section 5 of the Conditional Use Permit for the WRLC donor event to be held on November 14th not to exceed one hundred individuals, not including support staff, with the condition that an off-duty police officer be hired should there be any parking across the street.

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


Mrs. Cooper stated that the other item on the Planning agenda was a request for three variances for three lots on Chagrin Blvd., two of which are flag lots. Based on the new Zoning Code, a Public Hearing is required which was set for November 14th at 5pm with the Board of Zoning Appeals. She stated that the contiguous neighbors as well as the newspaper were notified of said hearing thirty days prior to the meeting.

There was a brief discussion regarding the new Zoning Code requirements and the changes that need to be made in order to streamline the variance process, so as to eliminate the Public Hearing and only require a Public Meeting, which would not require the thirty day notice. Mayor Renda stated that since changes need to be made to the Code, she was also hoping to have solar legislation to include as well. She stated that she will be looking for a solar expert to either Skype in or teleconference in on a meeting.


Facilities:
Mr. Buczek reported that the Facilities Committee met on September 24th. He stated that the JQW received notice from the Ohio EPA that the three NPDES Permits for the WWTP (Woodland Glen, Quail Hollow, and Jackson Valley) are being terminated. The next Facilities Committee Meeting will be on October 22nd at 8:00am.


Roads & Safety:
Ms. Sturgis reported that the Roads & Safety Committee met on September 24th. She stated that the residents’ concerns that were brought forth were addressed at the meeting. The completion of the 2012 Asphalt Program was discussed. Ms. Sturgis stated that Monte Construction started on the Drainage and Culvert Program this week. She stated that the Cuyahoga County Solid Waste Management District Plan which was distributed to all municipalities on August 20th will be on the November 14th Council agenda. A link was provided to their website for Council Members to review the plan prior to the Council Meeting. Ms. Sturgis stated that Boy Scout Pat Taylor recently completed his Eagle Scout requirements by constructing a staircase in Forest Ridge. She stated that other Boy Scouts have expressed their interest in continuing to help out with projects in Forest Ridge. Ms. Sturgis stated that all the service vehicle repairs will be complete in time for snow removal.


ORDINANCES AND RESOLUTIONS:

Ordinance 2012-74 – Introduced by Mr. Buczek
an ordinance authorizing the mayor to enter into a contract with vancuren services, inc. for the 2012 hazardous tree removal program at a total cost not to exceed forty-six thousand four hundred dollars ($46,400.00) and declaring an emergency.

Mr. Buczek stated that four bid packets were sent out, with only two returns. VanCuren submitted the lowest and best bid of $46,400.00 for the Hazardous Tree Removal. He stated that the list of trees this year is larger than the previous year because of the removal of additional Ash Trees.

Mr. Buczek made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2012-74.

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


Mr. Buczek made a motion seconded by Mr. Fritz for passage of Ordinance 2012-74.

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


Resolution 2012-75
a resolution authorizing the village of moreland hills to execute and file an application with the ohio public works commission for financial assistance under the clean ohio greenspace conservation program.

Mr. Filarski stated that this is for the Clean Ohio Grant Program and the Village is going to be asking for funding to obtain the land near the House on the Hill. Currently we are leasing the property, but this funding will allow us to purchase it outright. The amount that we will be asking for has not been determined because we need to have our appraisal first, which is part of the application process for the grant. Mr. Filarski stated that the application will be submitted at the end of this month.

Mr. Richman made a motion seconded by Mr. Buczek for passage of Resolution 2012-75.

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


Ordinance 2012-76 – Introduced by Mr. Fritz
an ordinance authorizing the mayor to enter into an amended agreement with walter & haverfield llp from september 1, 2012 through the january 2014 organizational meeting and declaring an emergency.

Mrs. Cannon stated that effective September 1st, she became a partner with Walter & Haverfield. At that time, Council passed legislation to retain Mrs. Cannon as the Law Director through Walter & Haverfield as well as retaining the firm. Mrs. Cannon stated that she advised Council at the time she made the move to Walter & Haverfield, that one of the reasons she wanted to do so, was to join a firm which not only had a very significant public law practice in Northern Ohio, but also a firm where a rate structure could be more flexible in terms of the needs of the communities they represent. Mrs. Cannon stated that there are two reasons to bring this legislation before Council tonight; the most important one is to include Aimee Lane as the Assistant Law Director effective November 1st. The second reason for the legislation is the two rate reductions contained within it. She stated that the retainer will be reduced from $8,750.00 a month to $8,500.00 a month, and the second rate reduction is for the blended hourly rate which will be reduced from $295.00 an hour to $265.00 an hour.

Mr. Fritz made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2012-76.

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


Mr. Wortzman stated that in the heading of the ordinance it reads September 1, but in the body it reads November 1. Mrs. Cannon stated that Council is amending the agreement that ran from September 1, but the heading can be changed because the new rates will be effective November 1.

Mr. Buczek made a motion seconded by Ms. Sturgis for passage of Ordinance 2012-76.

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


Ordinance 2012-77 – Introduced by Mr. Fritz
an ordinance authorizing the village to execute an agreement for a 2012 surface water improvement fund grant awarded by the ohio environmental protection agency and creating a fund for the administration of grant monies and declaring an emergency.

Mr. Filarksi stated that the purpose of this ordinance is to allow the Mayor to sign a contract with the Ohio EPA to receive $144,500.00 for stream restoration. The portion of the stream to be restored is located on the south side of our proposed property and runs along the WRLC headquarters. Mr. Filarsk stated that the culvert will be removed and they will create meander and plant vegetation in order to make it look more like a natural stream. He stated that in the years following the completion, they will be required to monitor and give the EPA reports.

Mr. Fritz made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2012-77.

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


Mrs. Cooper expressed her congratulations to Mayor Renda and Mr. Filarski for getting the grants. Mayor Renda stated that Mr. Filarski took the lead on both grants so the congratulations should go to him.

Mr. Filarski stated that he was confident that the bid amount for the work will be at or lower than the grant amount.

Mr. Fritz made a motion seconded by Mr. Richman for passage of Ordinance 2012-77.

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


Ordinance 2012-78 Introduced by Mr. Wortzman
an ordinance providing additional appropriations, transferring items already appropriated and declaring an emergency.

Mr. Wortzman stated that the attachment to the ordinance shows the typical items that are on there on a monthly basis. Under the budget reclassifications, the largest one is the sewage treatment. He stated that at the bottom of the attachment it shows three transfers from the General Fund to the Restricted Fund.

Mr. Wortzman made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2012-78.

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 2012-78.

Mr. Richman asked what else is making up the amount of $110,000.00 listed under Sewage Treatment on the attachment, other than sewer cleaning work and change orders. Mr. Filarski stated that a portion of that was the payment that was made for our participation with Pepper Pike’s Creekside pumping station.

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


MISCELLANEOUS BUSINESS:

Mr. Richman reminded Council that the appreciation dinner for the Chagrin Fire Department is tomorrow night at 7pm at the Chagrin Fire Station. Mayor Renda stated that although she will not be able to make it, she extends her gratitude.

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

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


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

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