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Council Meeting Minutes - December 4, 2009


The Council Meeting of the Village of Moreland Hills was called to order by Mayor Susan Renda at 7:02 p.m.

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

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


Mr. Buczek made a motion, seconded by Mrs. Cooper to approve the Council meeting minutes of November 4, 2009.

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


Mr. Buczek made a motion, seconded by Mr. Wortzman to approve the Special Council meeting minutes of November 10, 2009.

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


REPORTS AND COMMUNICATIONS FROM THE MAYOR

Mayor Renda asked if there was any resident in the audience that would like to address Council. Mr. Sam Steinhouse raised his hand and announced that he would like to address Council. Mr. Steinhouse stated that he has just finished running a campaign for the school board and he would like to see the issue of political signs in yards addressed by Council. He stated that the rules are currently different in each community and by the time that the residents of Moreland Hills are able to place signs in their yard over half of the votes are already returned from absentee voters.

Mr. Steinhouse also reminded Council to be aware of what is in the Charter and that they must hold the Organizational Meeting within the first seven days of January.

Mayor Renda confirmed that last year Council did meet within the first seven days of the year and this year they will also meet within the first seven days.

Mrs. Cooper stated that the issue of yard sign was talked about at great length at the last Committee of the Whole meeting and Council does agree with Mr. Steinhouse and will be addressing the issue.

Mr. Richman stated that next year he would like Council to consider addressing some of the Charter items that were not passed last year including the addition of a seventh Council Member. He is hoping to see these items on the agenda some time during the first half of the year.

Mayor Renda reminded all Council members that each member must complete the NIMS training and test prior to the end of the year. If an emergency arises the Village will not receive funding if everyone is not certified.


REPORTS OF COMMITTEES

Service Committee
Mr. Richman stated that the Service Committee did not meet last month; however, there is one item on the agenda regarding the asphalt program. Mr. Richman will discuss this item when the legislation is presented later in the meeting.

Planning Commission
Mr. Newman stated that the Planning Commission did not meet last month and therefore there is nothing to discuss.

Safety Committee
Mrs. Cooper stated that the Safety Committee did not meet last month. Mrs. Cooper did explain that the Moreland Hills Police Department was employed to assist at the H1N1 clinic that was held at Orange High School. Mayor Renda stated that there were several employees of the Service Department and Administration who volunteered their time to help at the clinic. Many of these employees also brought family members to volunteer as well.

Parks Commission
Mrs. Cooper did not give an update from the Parks Commission at this time.

Utilities Committee
Mr. Buczek stated that the Utilities Committee did not meet last month.

Finance Committee
Mr. Stanard stated that the Finance Committee did not meet since the last Council meeting. Mr. Stanard explained to Council that Service Department employee Stewart Thompson will celebrate his one year anniversary on December 12, 2009. Upon completing his first year in service Stewart will have earned two weeks (80 hours) vacation. Village Ordinance #153.04(d) stated that all employees are to use vacation time prior to December 31st of the calendar year that time was earned and are only permitted to carry over 40 hours of time to be used no later than April 30th of the next calendar year. Scheduling conflicts exist that will not allow Stewart Thompson to take time off prior to the end of the 2009 year.

Mr. Stanard made a motion, seconded by Mr. Newman to allow Stewart Thompson of the Village of Moreland Hills Service Department to carry up to 80 hours of earned vacation time from 2009 calendar year to the end of the 2010 calendar year.

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


Buildings and Grounds
Mr. Wortzman stated that the Buildings and Grounds Committee did not meet; therefore, he has nothing to report at this time.


ORDINANCES AND RESOLUTIONS

*Ordinance 2009-12 was introduced by Mr. Stanard. An Ordinance for the payment of the bills in the month of December in the amount of $ 793,633.96 and Declaring an Emergency.

Mr. Stanard made a motion, seconded by Mr. Buczek to suspend the rules for Ordinance 2009-12.

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


Mr. Richman asked about item 91, payment in the amount of $1851.00 to Jeanette Timmons at 420 Bentleyville Rd.

Mr. Filarski explained that this was either a right of way bond or a storm water protection bond.

Mr. Richman also asked about item 129, payment in the amount of $2875.00 to Pesco for Barnes submersible Vortex Pump Jackson Valley.

Mr. DeWater explained that this was for the purchase of a new pump.

Mr. Stanard made a motion, seconded by Mr. Wortzman for passage of Ordinance 2009-12.

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


*Resolution 2009-103 was introduced by Mr.Stanard. A Resolution requesting the County Auditor to make advances from the proceeds of real and personal property tax levies and special assessments during the Fiscal Year 2009 pursuant to the Ohio Revised Code Section 321.34 and Declaring and Emergency.

Mr. Stanard explained that this Resolution is a request to the County Auditor for the release of funds prior to December 31, 2009. These funds have been earmarked for Moreland Hills, Ohio.

Mr. Stanard made a motion, seconded by Mr. Buczek to suspend the rules for Resolution 2009-103.

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


Mr. Stanard made a motion, seconded by Mr. Richman for passage of Resolution 2009-103.

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


*Ordinance 2009-104 was introduced by Mr. Stanard. An Ordinance establishing the temporary appropriations for the first quarter of the Fiscal Year of 2010 for the Village of Moreland Hills and Declaring an Emergency.

Mr. Stanard explained that this Ordinance will allow the Village to operate financially by appropriating budgetary amounts until the full 2010 budget has been past.

Mr. Stanard made a motion, seconded by Mr. Richman to suspend the rules for Ordinance 2009-104.

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


Mr. Stanard made a motion, seconded by Mr. Buczek for the approval of Ordinance 2009-104.

Mr. Buczek asked if there was a time frame for when the new budget will be presented. Mayor Renda explained that the Treasurer will be bringing the 2010 budget to the February Committee of the Whole Meeting. The Treasured did not present the budget at the December 2009 meeting because of the upcoming change in Council members and it would be too soon to have it presented in January.

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


*Ordinance 2009-105 was presented by Mr. Stanard. An Ordinance providing additional appropriations, transferring items already appropriated and Declaring an Emergency.

Mr. Stanard explained that this is a standard monthly financial operation that keeps the funds of the Village balanced.

Mr. Stanard made a motion, seconded by Mrs. Cooper to suspend the rules for Ordinance 2009-105.

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


Mr. Stanard made a motion, seconded by Mr. Buczek for passage of Ordinance 2009-105.

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


*Ordinance 2009-106 was presented by Mr. Richman. An Ordinance authorizing a change order with Specialized Construction Inc. for the 2009 asphalt pavement maintenance program and Declaring an Emergency.

Mr. Richman explained that this is a change order to decrease the total amount paid to Specialized Construction by $39,063.78. Mr. Richman stated that the entire program with the exception of a few non-essential patches on Twin Acre Court has been completed. Twin Acre Court will be completed in the Spring. The decrease in cost is a result of several factors. The $4,700 inspection fee was returned, parts of S.Woodland have be included in the Hunting Valley water main project and ODOT 253 full depth asphalt material was used at a minimum in place of ODOT 251.

Mr. Richman made a motion, seconded by Mr.Wortzman to suspend the rules for Ordinance 2009-106.

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


Mr. Richman made a motion, seconded by Mr. Buczek for passage of Ordinance 2009-106.

Mrs. Cooper asked how it is determined what type of service is needed for the repair of the road. Mr. Filarski explained that it depends on they type of crack. The engineer stated that when anticipating the repairs they always assume the worst and sometimes the cracks and repairs are not as costly as anticipated.

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


*Ordinance 2009-107 was introduced by Mr. Buczek. An Ordinance authorizing Change Order No. 2 with Mr. Excavator, Inc. for the site work package for the Mechanics Repair Facility as part of Phase I of the Service Facility Construction/Renovation Project and Declaring an Emergency.

Mr. Buczek made a motion, seconded by Mr. Stanard to suspend the rules for Ordinance 2009-107.

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


Mr. Buczek made a motion, seconded by Mr. Stanard for passage of Ordinance 2009-107.

Mr. Buczek explained that the increased cost of $2,512.18 was due to the cost for the proper disposal of stumps, logs and asphalt from the work areas. These materials needed to be disposed of into a certified landfill. These items were not anticipated in the original contract.

Mr. Richman asked what the O&P charge is that is listed on the invoice. Mr. Filarski explained that it is the overhead and profit.

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


*Ordinance 2009-108 was introduced by Mr. Buczek. An Ordinance authorizing Change Order No. 3 with Mr. Excavator, Inc. for the site work package for the Mechanics Repair Facility as part of Phase I of the Service Facility Construction/Renovation Project and Declaring an Emergency.

Mr. Buczek made a motion, seconded by Mr. Wortzman to suspend the rules for Ordinance 2009-108.

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


Mr. Buczek made a motion, seconded by Mrs. Cooper for passage of Ordinance 2009-108.

Mr. Buczek explained that the change order in the amount of $1,548.38 was necessary due to the additional work that was required after the bids for Phase II were rejected. This work included the installation of sub-base material in pavement areas and additional grading.

Mr. Stanard stated that the invoice from Mr. Excavator indicates stone and asphalt. Mr. Filarski stated that just the stone was included in the change order. The asphalt was not additional work.

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


*Ordinance 2009-109 was introduced by Mr. Buczek. An Ordinance authorizing Change Order No. 4 with Mr. Excavator, Inc. for the site work package for the Mechanics Repair Facility as part of Phase I of the Service Facility Construction/Renovation Project and Declaring an Emergency.

Mr. Buczek made a motion, seconded by Mr. Wortzman to suspend the rules for Ordinance 2009-109.

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


Mr. Buczek made a motion, seconded by Mr. Stanard for passage of Ordinance 2009-109.

Mr. Buczek explained that this change order in the amount of $1,105.89 is due to additional work that was needed to repair the sanitary lateral for the Police Department. This lateral was damaged by a directional boring operation because the location of the sanitary lateral was not known or shown on the existing plans.

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


*Ordinance 2009-110 was introduced by Mr. Buczek. An Ordinance authorizing Change Order No. 5 with Mr. Excavator, Inc. for the site work package for the Mechanics Repair Facility as part of Phase I of the Service Facility Construction/Renovation Project and Declaring an Emergency.

Mr. Buczek made a motion, seconded by Mr. Stanard to suspend the rules for Ordinance 2009-110.

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


Mr. Buczek made a motion, seconded by Mrs. Cooper for passage of Ordinance 2009-110.

Mr. Buczek explained that this change order in the amount of $574.57 is due to the need to remove a light pole and fixture that were located at the edge of the excavation area. This pole was not able to be removed by the electric company in time for the work to be completed at the site.

Mr. Stanard stated that Quality Control has done some work on several of these change orders and he asked how they are compensated. Mr. Filarski explained that Quality Control has a Contract Administrator who bills the Village Engineer. The Engineer then passes the bill onto the Village.

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


*Ordinance 2009-111 was introduced by Mr. Buczek. An Ordinance amending existing Section 931.04(a), sewage rates of Chapter 931 of the Codified Ordinances of the Village of Moreland Hills to correct the inadvertent deletion of Hyde Park Chop House from Section 931.04(a) and Declaring an Emergency.

Mr. Buczek made a motion, seconded by Mr. Wortzman to suspend the rules for Ordinance 2009-111.

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


Mr. Buczek made a motion, seconded by Mr. Wortzman for passage of Ordinance 2009-111.

Mrs. Cannon explained that when the Law Department was creating legislation to include the Chagrin Valley Country Club into section 931.04 (a) and establish sewer rates for that property, Hyde Park Chop House was inadvertently deleted or left out of the legislation. Even though Hyde Park Chop House is not longer in business at that location, the legislation refers to the parcel number at that location. When a new business moves into that location there will be an assessment at that time and the proper sewage rates will be determined for the new business.

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


Mrs. Cooper made a motion, seconded by Mr. Buczek to enter into an Executive Session for the purpose of discussing matters of the employment and compensation of personnel.

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

At 7:46 pm Council entered into an Executive Session.

Mr. Buczek made a motion, seconded by Mrs. Cooper to go into regular session.

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

At 8:30 pm Council returned to a regular session.


*Ordinance 2009-112 was introduced by Mr. Stanard. An Ordinance fixing the compensation of various officers and employees of the Village of Moreland Hills and Declaring and Emergency.

Mr. Stanard explained that this ordinance reflects a salary increase in the amount of 2.5% to acknowledge the skills and capabilities of the Village’s work force. In addition to the salary increases there are uniform allowances and uniform maintenance.

Mr. Stanard made a motion, seconded by Mr. Buczek to suspend the rules for Ordinance 2009-112.

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


Mr. Buczek made a motion, seconded by Mr. Newman for passage of Ordinance 2009-112.

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


Miscellaneous Business

Mr. Newman stated that ten years ago he began his work with the Planning Commission and stated that it has been a privilege to have worked on the Commission and to have been a part of this Council. He thanked Mayor Renda for all that she has done for the Village in the past two years as Mayor. He also stated that he will always welcome the opportunity to work with Council and Mayor Renda.

Mrs. Cooper thanked Mr. Newman for his service and explained that Mr. Newman was like a mentor to her on the Planning Commission.

Mr. Richman thanked Mr. Newman for all that he has done for the Village and explained that he enjoyed working with Mr. Newman for the last six years.

Mr. Richman continued and stated that he believes that Council has had the opportunity to look at House Bill 351, the Ohio Host Law and he would like to ask for their show of support on the Bill. Mayor Renda stated that she and Mrs. Cannon have discussed the Bill and as a matter of policy ordinances and resolutions should go through a Committee prior to being presented to Council. Mayor Renda stated that she would like to refer it to the January Safety Committee for a recommendation for the February Council meeting. Mr. Richman stated that he would like to just make a simple resolution today that states that Moreland Hills recognizes that danger of underage drinking and supports the passage of Ohio House Bill 351. Mayor Renda explained that when Council has a resolution, it is presented in writing and it is given a number and that she would not feel comfortable passing a resolution that is not in writing or numbered. Mr. Richman stated that he would modify his request and ask that Council make a motion of support for House Bill 351.

Mr. Richman made a motion, seconded by Mr. Newman to support Ohio House Bill 351.

Mrs. Cooper asked Mr. Richman if Council had already passed a resolution last year regarding Ohio House Bill 351.

Mr. Richman explained that it was not a resolution but a letter of commitment of support for the Bill was signed by Mayor Renda and two Council members.

Mrs. Cooper stated that it looked like this version has been revised and has several changes.

Mr. Stanard stated that he is not comfortable voting on something without having a complete understanding of the subject. He stated that this is a huge issue and he does not know enough about the proposed Bill to be able to cast a vote.

Mayor Renda stated that she would be happy to include the materials for House Bill 351 in the January Council Packages for members to look over.

ROLL CALL:
AYES: Richman, Newman and Buczek NAYS: Stanard, Cooper, Wortzman and Renda

The Roll call produced a tie. Mayor Renda was forced to vote to break the tie.

Motion Did Not Carry.

Mr. Buczek made a motion, seconded by Mrs. Cooper to adjourn the December 4, 2009 meeting at 8:55 pm.

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


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



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