The regular meeting of Council was called to order at 7:35 P.M. by Council President Michael Ballistrea.

ABSENT: None.

Also present were Mayor Gregory Costabile, Mr. Leonard Carr, Mr. Robert Tribby, Ms. Angela Ianiro and Mrs. Rita Kramer.

The Pledge of Allegiance was said.

Mrs. Finney moved to suspend reading of the Council minutes of September 8, 2008, and approve as written, seconded by Mr. Mercurio. All in favor, motion carried. Minutes approved.

Dorian Waller of Time Warner's Governmental Relations Department handed out a pamphlet explaining the digital transition which will take effect February 17, 2009 at midnight. Residents with cable connection on their individual television sets or with multi-channel service will not be affected. Ms. Waller said the advantages of digital broadcasting are a more efficient signal and better sound and picture quality. The converter boxes are not needed if cable is present. If residents already received coupons to purchase the converter boxes, and they do not need them, they should call the FCC. Ms. Waller said the boxes range from $40-$70. For further information the contact information is: 1-888-388-2009 or http://www.dtv.org/ or http://www.dtv.gov/. Also Time Warner's "On Demand" channel (channel 1). She explained the steps to use On Demand for help: first select channel 1, proceed to select "free on demand", next select "local on demand", next select "customer", and lastly select "DTV 101". This will give a short synopsis of the features of digital television. Mr. Ballistrea asked if older televisions with a dial (VHF & UHF) will be able to use the converter boxes. Ms. Waller said as long as the television can get a picture past channel 13, but to be safe past channel 125 is best.

URS landscape architect, Leanne Andrews and URS Engineer David McCallops distributed copies of a proposal for the landscape plan and the existing landscape of Mayfield Road between Brainard and Lander Roads. Ms. Andrews walked through the existing conditions and proposed landscaping. She said, the environment is uninviting, there is a lack of common identity, the trees are planted heavy on the North side, and there are too many overhead wires. She explained the conceptual design: the most impact and best use of the City's money would be to use mostly trees. There are three main focus areas of the design: Gateway, entrance into the City which will have year round flashy color banners on the existing poles and colorful landscape; Streetscape, where the existing honeylocust trees will remain and others added. The trees will intensify the feeling of greenery by four times, and make the pedestrians walking on the sidewalk feel safer. In the fall the trees are yellow and in the spring they are green; Intersection Node, the service area berry trees break up commercial scenery and area a strong contrast to the honeylocusts. She said this creates a visual insurance for those waiting at red lights and draws them to the surroundings. URS looked at five nurseries for the cost estimate and Chagrin Valley Nursery is their recommendation. Preliminary cost estimate is $40,000. Mr. McCallops commented that the proposal keeps the City within the budget for the grant. Mr. Sasak asked how tall the honeylocust trees get. Ms. Andrews said 35-40ft high. Mr. Sasak asked if URS spoke with any of the retail owners regarding the trees and the retailers' signage. Mr. McCallops said the tree selections were made with that in mind. Mrs. Finney said the plan is beautiful, however she does not like the idea of street banners due to the appearance and the City has strict ordinances regarding banners. Mr. Kobunski asked if the service department would be maintaining the trees and how often do the trees need to be trimmed. Mr. McCallops said the trees are fairly low maintenance, have a very high tolerance to salt and the leaves are small so they will not block grates. Mr. Sasak asked if the Lander and Mayfield Road intersection layout were reviewed with the traffic department in regards to line of sight. Mr. McCallops said they have not because the top of the trees have higher canopies.

Mr. Ballistrea commented on the professionalism, ease of reading and colorfulness of the City Focus. He thanked the Mayor, Renee Augustine, Executive Assistant to the Mayor and Tammy Clines, City Hall Administrative Assistant/Graphic Designer for their work on the publication. He also congratulated Mayor Costabile for being selected as a VIP inductee to the Hall of Fame for the Mayfield City School Alumni Association. The induction will take place on September 25, 2008.

Mrs. Finney was approached by a University Hospital representative who told her about the Dare to Care program which is pre-screening for people over 50 who have vascular risk factors. The Mayor said he has spoken with a member of the Parks & Recreation committee, who is a University Hospital employee, and he has discussed the program with her. She is pulling together more information. Mrs. Finney mentioned that several residents of Villa Serena have requested to be allowed to keep shopping carts and utilize them in their building. She said according to the residents the merchants know where the carts are and they retrieve them. Mayor Costabile said he wasn't sure what Mrs. Finney was asking. She said the residents want to make sure there isn't an ordinance saying they can't have carts in the building. Mayor Costabile said he has not been approached on the subject, however, the residents need to be aware that the shopping carts are the property of the respective merchant.

Mr. Kobunski said they had a meeting with Hillcrest Hospital and the Larchmont area residents regarding the hospital addition. He said they were very informative and their presentation was excellent. Mr. Ballistrea said there would be subsequent meetings with the residents on the developments of the project.

Mayor Costabile: The Mayfield Road project, Phase II, has improved the congestion at Golden Gate shopping center. The Mayor thanked URS Corporation for the presentation of the landscape design for Mayfield Road, and said the goal is to try to improve the aesthetic look of Mayfield Road in addition to becoming more green that results in other environmental advantages for all residents and businesses. The building and service departments, and Public Sector Solutions, the city's economic consultants are all working together to obtain and implement the community development block grant. He said the project has been incredibly exciting. The first steps have been taken by working with new signage, and the City is working with businesses in regards to their signs. The City is able to offer businesses a percentage of dollars to upgrade their signs. He encouraged Council to approve the Streetscape plan when it comes before them. The service department has been actively involved in the tree planting project, and how the work will be done.

The Mayor referenced the success of MIPOD, Mass Inoculation Point of Dispensing, team to stand ready to assist if the need for mass inoculation becomes evident. He said he is now in discussion with other communities to form a CERT (Community Emergency Response Team). The Fire Department attended a two day class related to gas well safety issues. The City of Mayfield Heights will continue to stay ahead of the curve to continue to preserve the safety, health and welfare of its residents.

Mayor Costabile has been appointed a member of the Mayors and Managers Association oil and gas well committee and will meet with Sean Logan, Director of Ohio Department of Natural Resources to address safety issues.

The building department continues to work with Public Sector Solutions consultants to bring in additional dollars. The legislation on the agenda pertains to making application to obtain additional grants for the benefit of the City.

He attended the N.E. Ohio Mayors Managers Association conference and noted that Mr. Rokakis said over 100,000 people have left Cuyahoga County in the past 9 years. The Mayor said regionalism is very important in order to attempt to preserve the region.

There is a house bill in the Senate that deals with land banking which will allow the County to receive funds to purchase and develop foreclosed property.

Mayor Costabile asked council to schedule a Finance Committee meeting to discuss energy conservation issues at City Hall. He said he met with Dominion Gas regarding rate hikes. Dominion promised to work with residents who are having difficulty (those on fixed income). They also advised that now is the time to lock in to a reduced rate and encouraged all to go to Dominion's web site to investigate further.

The building department has acquired a Cuyahoga County Home Safety Grant for seniors where the resident can receive up to $1,000 per dwelling for a free safety upgrade.

Mayor Costabile thanked Council President Mike Ballistrea for the announcement regarding the Mayor's Hall of Fame Honor from Mayfield High School. He also congratulated Joe Newman on his certificate of appreciation for recognition of his efforts to raise awareness on environmental issues on behalf of the City of Mayfield Heights at Euclid Creek Watershed. Mr. Ballistrea asked if the Home Safety Grant is based on a senior's age or income. The Mayor said he did not see where age was spelled out. He believes it is age and income related.

Director of Law Carr:   No report.

Director of Finance Tribby:   No report.

Building Committee: No report.

Finance and Audit Committee:   Mr. Mercurio stated there are two items on the agenda. Mr. Ballistrea requested Mr. Mercurio to schedule a Finance and Audit Committee meeting at the Mayor's request.

Legislative Committee:  No report.

Public Works and Services Committee:  Mr. Kobunski reported that many residents were without power for a few days during the recent storm. He thanked the police, fire, service departments for their assistance and the patience of the residents.

Recreation and Parks Committee: Mrs. Snider said there is still space available in the Little Bitty Basketball program. Also, tickets are on sale for the Polar Express excursion. Halloween party is scheduled for Saturday, October 25^th from 7-9p.m. Tickets go on sale October 1^st, $5.00 per person. Next Parks and Recreation meeting is on September 23rd at 7 p.m.

Safety and Transportation Committee:  No report.

Board of Zoning Appeals:  Mr. Kobunski said there is one item on the agenda.

Commission on Aging:  No report.

Planning Commission: Mr. Sasak stated there are two motions on the agenda.

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PUBLIC COMMENT:

Joseph Ianni, after introducing, Sandra Galetta commented on the hindrance of shopping carts at Villa Serena. The residents leave the carts in the hallways or by the bus stops thinking the merchants will pick them up but they do not, he said. Mr. Ianni noted that he didn't feel an ordinance is necessary, but making them aware is. Mr. Ballistrea noted that this is a difficult area because 50% of our community is seniors. The service department has cleaned up the carts many times, and this is really more an issue between the senior establishment and the vendors. Seniors should be aware that it is theft if shopping carts are removed from the merchant's property. Mrs. Snider said the manager at Wal-Mart is very upset because the new carts are gone. He is asking for Council's help in this regard. The Mayor noted that the City has maintained an excellent senior transportation system thus lessening the need for such actions. He pointed out that if assistance is needed the programs are in place to help.

Clare Posius, Coordinator of the Euclid Creek Watershed informed Council that she is available to answer any questions when they get to Resolution 2008-65.

Resident Mr. Manfredi said his solution to the cart problem is Villa Serena or other establishments install a system which requires payment to receive a cart. The resident receives a refund when the cart is returned.

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Mr. Ballistrea turned the meeting over to Mr. Sasak as the first resolution on the agenda pertains to the Council President's personal property.

RESOLUTION NO. 2008-63:  "A Resolution confirming the action of the Board of Zoning Appeals of the City, in granting to Michael and Renee Ballistrea a request for a 40 square-foot variance in order to build a 10' x 16' (160 ft.) storage shed in the rear yard of the property known as 6614 Hidden Woods Trail, Mayfield Heights, Ohio."  Mr. Carr read the resolution by title only. Mrs. Snider moved for suspension of the rules, seconded by Mr. Mercurio. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco. NAYS: None. Motion carried. Mr. Kobunski moved for adoption, seconded by Mrs. Snider. Mr. Kobunski said the committee asked to make sure there are gutters on the shed. Mrs. Finney commented that a couple of years ago everyone voted not to allow the variance to another resident. She believes it is unfair to allow this variance for a "friend". She feels she cannot do this for a councilman and not a resident. Mr. Sasak asked Mr. Kobunski if there were any residents who appeared at the BZA meeting or letters from residents. Mr. Kobunski stated there were no residents that presented a negative side to this variance. He said it is important to understand a variance goes hand in hand with the lot size, hardship, or practical difficulty, and in every case is handled on an individual basis. The BZA unanimously did not have any issues with the request. Mrs. Snider recalls the meeting regarding the shed ordinance, but nothing was changed or added. She also recalls that the variance Mrs. Finney was referring to where a variance was not given, the lot size was smaller and the location was in a different area. She added that another meeting should be scheduled to discuss this matter. Mrs. Finney believes the ordinance was changed. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Kobunski. NAYS: Finney. ABSTENTION: Ballistrea. Vote 5-1-1. Motion carried. The resolution is adopted.

Mr. Sasak turned the meeting back to Mr. Ballistrea.

RESOLUTION NO. 2008-64:  "A Resolution authorizing Mayor Gregory S. Costabile to prepare and submit an application to participate in the Ohio Public Works Commission (OPWC) state capital improvement and/or local transportation improvement program(s) and to execute contracts as required." Mr. Carr read the resolution by title only. Mr. Kobunski moved for suspension of the rules, seconded by Mr. DiCicco. Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mr. Sasak. Mr. Ballistrea asked what type of improvements or contract would qualify for the program. Mayor Costabile said the city engineer, the building director and the City's economic development consultant would be involved. All contracts would come back to Council. Mr. Carr reiterated that anything submitted would have to go before Council. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Ballistrea. NAYS: None. The resolution is adopted.

RESOLUTION NO. 2008-65: "A Resolution authorizing the Mayor to execute a memorandum of understanding on behalf of the City of Mayfield Heights as a member of the Euclid Creek Watershed Council with Cuyahoga Soil and Water Conservation District. Mr. Carr read the resolution by title only. Mr. Kobunski moved for suspension of the rules, seconded by Mr. Sasak. Roll Call on motion as stated: AYES: Kobunski, Snider, Finney Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mrs. Snider. Mr. Ballistrea asked the Mayor what the memorandum of understanding entails. Mayor Costabile said the memo outlines what the group does and the costs. He also said he is very enlightened and there is more the City can do for soil and water conservation alone. As part of the group, Mayfield Heights will contribute $5500 per year, Mr. Ballistrea pointed out. Mr. Ballistrea asked if there was discussion with other communities as to an equitable distribution of each community's monetary contribution relative to how much water runoff they actually contribute to the watershed as Mayfield Heights contributes very little. Ms. Posius said the decision was made six years ago to make the monetary contributions equal across the board. He also stated they provide education for all cities not only the 2% in the Watershed program. Roll Call on motion to approve. AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYES: None. The resolution is adopted.

RESOLUTION NO. 2008-66:  "A Resolution authorizing the Mayor to purchase various trees and plantings for the CDBG Streetscape Project (Chagrin Valley Nurseries). " Mr. Carr read the resolution by title only. Mr. Sasak moved for suspension of the rules, seconded by Mr. Mercurio. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYES: None. Motion carried. Mr. Kobunski moved for adoption, seconded by Mr. DiCicco. Mr. Ballistrea stated a memorandum was received from Mr. Tribby and an engineering plan for the trees in the amount of $21,741. This is a partial amount of the monies to be received from the county. Roll Call on motion to approve. AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYES: None. The resolution is adopted.

RESOLUTION NO. 2008-67:  "A Resolution urging a moratorium on home foreclosures and congressional enactment of a Homeowners and Banks Protection Act."  Mr. Carr read the resolution by title only. Mr. Kobunski moved for suspension of the rules, seconded by Mrs. Snider. Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYES: None. Motion carried. Mr. Mercurio moved for adoption, seconded by Mrs. Snider. Roll Call on motion to approve. AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYES: None. The resolution is adopted.

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ORDINANCE NO. 2008-17:  "An Ordinance enacting Chapter 150 of the Codified Ordinances of the City of Mayfield Heights, pertaining to Fair Housing."  Mr. Carr read the ordinance by title only. Mr. Sasak moved for suspension of the rules, seconded by Mr. Kobunski. Roll Call on motion as stated. AYES: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. Mrs. Finney moved for adoption, seconded by Mrs. Snider. Mr. Ballistrea asked if we had already had an ordinance as this in our Code and if indeed it was already enacted. Mayor Costabile said the City did not have this ordinance in the Code. Roll Call on motion to approve. AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYES: None. The ordinance is adopted.

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Mr. Mercurio, seconded by Mrs. Finney moved to authorize payment of $16,123.70 to Great Lakes Petroleum Company for gasoline for various departments. All in favor, motion carried.

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Mr. Sasak, seconded by Mrs. Snider moved to confirm the decision of the Planning Commission approving a preliminary site plan for a 1,400 sq. ft. addition to the Parker Hannifin Cafeteria, 6035 Parkland Boulevard. Mr. Sasak commented that there is a screened area now and Parker is looking to hard wall and put glass sides on the structure. Mr. Ballistrea asked if it was unanimous with the Planning Commission. Mr. Sasak replied that it was. All in favor, motion carried.

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Mr. Kobunski, seconded by Mrs. Finney moved to confirm the decision of the Planning Commission approving two 25 sq. ft. identification signs on the east and west sides of the Costco fueling facility canopy, 1409 Golden Gate Boulevard. Mr. Ballistrea stated that Council was copied on Building code 1191.06. Mr. Sasak said the manager from Costco is present if anyone had questions for him. Mr. Ballistrea also noted that Council received an architectural drawing of the structure. All in favor, motion carried.

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There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 9:05 P.M.