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Council Meeting Minutes - December 14, 2011


The Council met at 6:30 p.m.

Mr. Stanard made a motion seconded by Ms. Sturgis to go into Executive Session to discuss pending litigation and acquisition and/or disposition of public property.

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


Mr. Richman made a motion seconded by Mr. Buczek to go out of Executive Session.

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


The Regular Council Meeting was called to order by Mayor Susan Renda at 7:05 p.m.

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

Also Present: Clerk of Council, Julie Miller, Law Director Margaret Cannon, Village Engineer Jeff Filarski, Building Commissioner Greg Potts, Police Chief, Tom Flauto and Service Director Ted Dewater.


Mr. Richman made a motion seconded by Mr. Buczek for approval of the minutes from November 9, 2011.

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


REPORT FROM THE MAYOR

Mayor Renda reported on the recycling. She stated that the Village is currently receiving about $1500 per month for selling its recycling.

Mayor Renda stated that Mrs. Cooper would be hosting the Holiday party for Council after the meeting. She stated that the Employee luncheon would be held Friday at Village Hall with a reception following at her house on Sterncrest Drive at approximately 1:00 p.m. hosted by the Langs.

Mayor Renda stated that a resident on Meadowood had recently had a heart attack. The resident complained that the response time was far too long. Mayor Renda stated that she had spoken with Chief Zugan about this. She stated that she had a memo from him saying that if there were chest pain or stroke like symptoms involved and the resident calling was on the West side of town, that Orange would be called as a first responder.

Mayor Renda stated that Mike Marolt who used to work in the Service Department had passed away this week. She stated that she or Vickie would have the arrangements if anyone wanted them.


REPORTS OF COMMITTEES

Utilities

Mr. Wortzman stated that the Utilities Committee met on November 30th and Mike Bode reported on the status of the waste water treatment plants. There had been a series of repairs. He stated that the committee had an update from Mr. Filarski about the JQW project. He stated that Pepper Pike would start on the last phase of the project in late December and Moreland Hills would start in January. He stated that generators had already been delivered to the contractor. He stated that there was a report from Mr. Bode concerning mercury in the sludge. Mr. Bode had suggested testing each load and after some discussion it was decided to compare the cost of transporting it farther away to testing. He stated that the Mayor had met with the NEORSD about storm water management.


Finance

Ms. Sturgis reported that the Finance Committee did not meet.


Buildings and Grounds

Mr. Richman reported that Buildings and Grounds did not meet. He reported that there was a plan on the wall in Council chambers for the new table. He stated that the next building code meeting would be held in January.


Safety

Mr. Buczek reported that the Safety Committee did not meet.


Planning

Mrs. Cooper reported that Planning Commission met on November 28th. She stated that two cabanas were approved. She stated that the WRLC had been before Planning Commission with a revised schematic plan for placing the fill dirt. She stated that Mr. Filarski and the Landscape Architect had come up with three different areas where the fill could be placed. She stated that the next Planning Commission meeting would be held January 23, 2012 at 5:00 p.m.


Service

Mr. Stanard stated that Service Committee had not met. He asked Mr. DeWater to report on anything of importance. Mr. DeWater stated that the mulch has been ground. Mr. Stanard stated that the next meeting would be in early 2012.


Ordinances and Resolutions

Ordinance 2011-12 for the payment of bills in the month of December, in the amount of $1,104,373.48 and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2011-12.

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


Ms. Sturgis stated that a revised copy of the bills had been placed at each Council member’s seat. Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Ordinance 2011-12.

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


Ordinance 2011-77 providing additional appropriations, transferring items already appropriated and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that this was a monthly housekeeping item. Ms. Sturgis made a motion seconded by Mr. Buczek to suspend the rules for Ordinance 2011-77.

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


Ms. Sturgis made a motion seconded by Mrs. Cooper for passage of Ordinance 2011-77.

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


Ordinance 2011-78 approving the settlement in the matter of the Village of Moreland Hills v. Robert C. DeFranco, ET AL., Cuyahoga County Case No. 2010-ADV 0161608 authorizing the Mayor, Law Director and Village Engineer to execute certain settlement documents; authorizing the payment of certain funds in accordance with the settlement documents; and declaring an emergency was introduced by Mr. Stanard.

Mr. Stanard stated that this was something that had been going on a long time. He stated that it had started 20 years ago and been to court 3 times. He stated that the Village had been incurring legal fees for this situation for quite some time. He stated that the settlement was for $90,000.00 and that it was a final settlement releasing the Village from all further claims. He stated that the requirements for fill were outlined in the settlement.

Mr. Stanard made a motion seconded by Mr. Richman for suspension of the rules for Ordinance 2011-78.

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


Mr. Stanard made a motion seconded by Mr. Buczek for passage of Ordinance 2011-78.

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


Ordinance 2011-79 authorizing the Mayor to establish and administer a mulch program and declaring an emergency was introduced by Mr. Stanard.

Mr. Stanard stated that this program would allow residents to enjoy the benefits of the hazardous tree program. Mr. Stanard made a motion seconded by Mrs. Cooper to suspend the rules for Ordinance 2011-79.

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


Mr. Stanard made a motion seconded by Mr. Buczek for passage of Ordinance 2011-79

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


Resolution 2011-80 adopting the Cuyahoga County Business Attraction and Anti-Poaching Protocol, authorizing the Mayor to enter into a business attraction and anti-poaching protocol agreement and declaring an emergency was introduced by Mr. Richman.

Mr. Richman stated that the press release and the protocol had been included in the Council packet.

Mr. Richman made a motion seconded by Mrs. Cooper for suspension of the rules for Resolution 2011-80

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


Mr. Richman made a motion seconded by Mr. Buczek for passage of Resolution 2011-80.

Mr. Stanard stated that he was not in favor of this resolution for several reasons. He stated that he didn’t like the sound of the New Business Advisory Council. He stated that he did not know how relevant this was for Moreland Hills. He stated that he felt that the protocol was heavy handed and that he felt that it was threatening for non-participation. He stated that he felt that businesses should be left alone and not governed.

Mrs. Cannon stated that many communities shared his views. She stated that this is the new and improved version. She stated that some features were toned down, as the first version was a little obtrusive. She stated that this was the end of the road.

Mayor Renda stated that she felt that this dealt with common courtesy. She stated that many communities are not going to sign it. She stated that she didn’t feel that it would hurt Moreland Hills, and if economic growth was to take place in Moreland Hills, then the protocol is already laid out.

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


Ordinance 2011-81 authorizing Change Order No 1 with AKE Environmental & Construction Services, Inc. for the 2011 Sewer Cleaning and Televising Program and declaring an emergency was introduced by Mr. Stanard.

Mr. Stanard stated that this would allow the Village to compensate AKE. He stated that the change order was necessary due to heavy cleaning needed.

Mr. Stanard made a motion seconded by Mr. Wortzman for suspension of the rules for Ordinance 2011-81.

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


Mr. Stanard made a motion seconded by Mr. Buczek for passage of Ordinance 2011-81.

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


Ordinance 2011-82 enacting new section 137.08, unclaimed monies agency fund and transfer of unclaimed monies to the general fund, of chapter 137, Finance Department, of Title One – Administrative Code of the Codified Ordinances of the Village of Moreland Hills and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that sometimes there are unclaimed funds from bonds, etc. She stated that this ordinance allows the Village to create a fund, and then transfer the funds to the General fund.

Ms. Sturgis made a motion seconded by Mr. Stanard for suspension of the rules for Ordinance 2011-82.

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


Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Ordinance 2011-82.

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


Ordinance 2011-83 confirming the appointment by the Mayor of Gregory R. Potts as Building Inspector for the Village for a term of two (2) years and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that this appointment is made by the Mayor. Ms. Sturgis made a motion seconded by Mr. Stanard for suspension of the rules for Ordinance 2011-83.

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


Mrs. Cooper stated that she felt that Mr. Potts had done a fine job in the past and that this past year had been exceptionally busy for him.

Ms. Sturgis made a motion seconded by Mr. Stanard for passage of Ordinance 2011-83.

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


Ordinance 2011-84 confirming the appointment by the Mayor of the Village of Moreland Hills of Prashant R. Shah to the position of Treasurer for a term of four (4) years and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that Mr. Shah had offered tremendous guidance in the area of finances and that he had done a great job in the past.

Ms. Sturgis made a motion seconded by Mrs. Cooper for suspension of the rules for Ordinance 2011-84.

ROLL CALL:
AYES: Mr. Stanard, 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 2011-84.

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


Ordinance 2011-85 fixing the compensation of various officers and employees of the Village of Moreland Hills and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that the Mayor recommended this raise and the increase to diminish the gaps for lower wage-earners.

Ms. Sturgis made a motion seconded by Mr. Stanard for suspension of the rules for Ordinance 2011-85.

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


Ms. Sturgis made a motion seconded by Mr. Stanard for passage of Ordinance 2011-85.

Mr. Buczek stated that he appreciated the Mayor realizing that strictly having percentage increases were not always without problems. He stated that he appreciated the Mayor recommending the $250.00, $500.00 and $1,000.00 increases.

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


Ordinance 2011-86 establishing the temporary appropriations for the first quarter of the fiscal year of 2012 for the Village of Moreland Hills, and declaring an emergency was introduced by Ms. Sturgis.

Ms. Sturgis stated that this was a housekeeping item to begin the year.

Ms. Sturgis made a motion seconded by Mr. Richman to suspend the rules for Ordinance 2011-86.

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


Ms. Sturgis made a motion seconded by Mr. Buczek for passage of Ordinance 2011-86.

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


Ordinance 2011-87 authorizing the Mayor to enter into a ground lease agreement and an agreement of purchase and sale, with FRQ LLC, an Ohio Limited Liability Company of which the Western Reserve Land Conservancy is the sole member, for the lease and purchase of certain open space; authorizing the Mayor to enter into two conservation easements with the Western Reserve Land Conservancy; and declaring an emergency was introduced by Mayor Renda.

Mayor Renda stated that this was part of a process that had started in 2003 when the Land Conservancy approached the Village to partner with the Village to preserve the land. She stated that this was the final piece of that partnership. She stated that the two entities had managed to keep personalities out of the big picture for the good of the environment and the Village. She stated that this process had gone on through two administrations. She stated that this was a big event, and would be part of the Moreland Hills legacy and that she was proud of that. She recommend passage and to go forward with this process.

Mr. Richman made a motion seconded by Mr. Buczek for suspension of the rules for Ordinance 2011-87.

ROLL CALL:
AYES: Mr. Stanard, 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 2011-87.

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


At this time Mayor Renda read a Proclamation proclaiming December 14, 2011 “Paul Stanard Day” in honor of Paul Stanard, member of Council.

Mr. Stanard read a statement of thanks to the members of Council.

Mr. Buczek made a motion seconded by Mr. Stanard to adjourn the meeting at 8:05 p.m.

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


The meeting was adjourned at 8:05 p.m.

Attest: 
Julie Miller, Clerk of Council 
Stephen Richman, Council President



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