CITY OF MAYFIELD HEIGHTS

COUNCIL MEETING MINUTES

January 26, 2009

The regular meeting of Council was called to order at 7:30 P.M. by Council President Michael Ballistrea.

ROLL CALL:           PRESENT:    Mr. Michael Ballistrea, Mr. Anthony DiCicco,

                                                  Mrs. Donna Finney, Mr. Ronald Kobunski, Mr. Sam Mercurio,

                                                  Mr. David Sasak, Mrs. Diane Snider.

                              ABSENT:      None.

Also present were Mayor Gregory Costabile, Mr. Leonard Carr, Mr. Robert Tribby and Miss Lisa Benedetti.

The Pledge of Allegiance was said.

Mrs. Finney moved to suspend reading of the Council minutes of January 12, 2009, and approve as written, seconded by Mr. Mercurio.  All in favor, except Mr. Ballistrea who abstained as he was absent from the meeting, motion carried.  Minutes approved.

CORRESPONDENCE AND ANNOUNCEMENTS:

Mr. Ballistrea wished everyone a happy 2009.  He thanked Mr. Sasak for filling in for him at the last meeting.

Mr. Ballistrea stated that he, Mr. Kobunski and Mayor Costabile attended the Brush Engineering open house and toured the facility.  He welcomed them to the City and wished the company much success.

Mr. Ballistrea expressed congratulations to the Service Department and all the departments who work hard to provide service to the residents. 

REPORTS OF OFFICERS:

Mayor Costabile:  There was a follow up to the meeting with Brewer Garrett for the energy audit to discuss initial findings.  The Mayor will ask the Finance Committee to meet once more figures are finalized and make a recommendation as to how to proceed.  There seems to be opportunities to reduce energy usage.  Traffic lights are already using less energy.

Regarding the CERT program, it will be more of a regional effort now.  As more information is gathered, he will pass that along to Council and the residents.

In an effort to enforce code regulations pertaining to private snowplow operators from putting snow in the street, around hydrants and on sidewalks, City personnel are being more vigilant.  Residents are also asked to contact the Police Department when they see this happening.  This is a health, safety and welfare issue.

There are three insurance resolutions on the agenda this evening.  The Mayor thanked Director of Human Resources Mr. Lubin for all his efforts, as well as the Fedeli Group. The Mayor strongly recommends approving these contracts. A memo was sent to all council members.

There is also a resolution pertaining to accepting the contract for TMS Traffic Engineering.  The Mayor recommends approving it.

The Civil Service Commission continues to review its rules as well as entrance exam procedures. We expect to amend same in the near future.  The Mayor thanked the Commission, Mr. Lubin, the two chiefs and the law department for their work on this matter.  It will be for the betterment of the City as a whole.

Mayor Costabile met with area mayors and city engineers regarding regional storm water management and how to improve it in a more regional manner. 

There will be a Groundhog Day Breakfast on January 30, 2009 sponsored by the Mayfield Business Alliance. Proceeds will be used in support of Mayfield School District issues.   It is a good community event and the speaker will be John Telich.

A Crop ‘n Craft event will be held on February 21, 2009 that is sponsored by the Mayor's Community Council and the City.  It should be a fun event bringing people together to socialize in a positive manner.

Director of Law Carr:  No report.

Director of Finance Tribby:  No report.

REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:

Building Committee:  Mr. Sasak stated a meeting would be held February 2, 2009.

Finance and Audit Committee:  No report.

Legislative Committee:  No report.

Public Works and Services Committee:  Mr. Kobunski congratulated the Service Department and the Safety Forces for their efforts during the winter weather.

Recreation and Parks Committee:  Mrs. Snider reported the Recreation Committee would be sponsoring "A Taste of Italy" dinner on February 28, 2009.  The cost is $25.00 per person and is a great way to meet fellow residents.  It is a fundraiser for the recreation programs.

The next meeting of the Committee is January 27, 2009.

Safety and Transportation Committee:  No report.

Board of Zoning Appeals:  Mr. Kobunski reported on the meeting held January 13, 2009.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. 

Commission on Aging:  Mr. Ballistrea reported the next meeting would be held February 3, 2009.

Planning Commission:  Mr. Sasak reported on the meeting held January 19, 2009.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.

----------------------------------------------------------------------------------------------------------------------

PUBLIC COMMENT:

Jane Campbell, Public Sector Solutions, distributed information. She was here to update Council on the company's activities. She stated that there were three matters the company was involved with. 

The corporate parks, which are the principal income base - they are working to make sure it remains at full occupancy.  Over several months they have had some good investment in the parks with new jobs coming into the City, some of which are Brush Engineering, Elk & Elk and dental building.  They are continuing negotiations with another firm, which cannot be named at this time.  With the economic times, Ms. Campbell feels it speaks highly of the economic development teamwork with all the various people to keep and retain businesses.  A survey of the corporate parks businesses was done, and on the whole the companies seem to be satisfied.  The Mayfield Road project was not liked, but it will make things better in the long run.

Retail - the company tried to do a survey and create a map of all of the Mayfield Road businesses with vacancies.  It was a lot of work to put together and Council has a copy of it. A survey of the businesses showed they also had an issue with the Mayfield Road project, but also seemed satisfied with doing business in the City.  They were happy to be contacted.

Grants - Public Sector is trying to get grants on behalf of the City.  The City did not get the DOPWIC grant, but learned with the process of the application.  Points were not given because the City is in good shape, which is good news, but is a challenge in getting grants.  A Community Development Block Grant was given for $50,000 last year.  This year the City is eligible to apply for the higher $325,000 grant.  They will also apply for the $100,000 grant for Genesee Avenue, so it may help the City to get at least one grant.  March is the approval time.

The proposed federal stimulus package will use the mechanics already in place by the various state and county agencies to award the money if it is approved by Congress.  Because the City already has a relationship with some of the agencies, it may help in getting some of this money if it becomes available.

Ms. Campbell then introduced the rest of the Public Sector team; David Horowitz, Jessie Grant, and Brian Lenehan.

Mr. Carr remarked that the dental building referenced by Ms. Campbell consists of members of an LLC group.  They cannot be sold or transferred as "condos".  It is a dental office building.

Mr. Kobunski asked if the surveys on the corporate parks and retail are available for Council.  Ms. Campbell said yes, however, they have not received all the responses or tabulated them yet.  When that happens, the results would be forwarded. Mr. Ballistrea stated that there was reference to vacancies for the retail survey.  Is there somewhere on the map that indicates the vacancies.  Ms. Campbell replied that it is written on the buildings as vacant.  Mr. Ballistrea confirmed that it is indeed noted on the map, but was difficult to see.   Mr. Ballistrea asked about vacancies in the corporate parks.  Ms. Campbell stated that it is roughly 5% and the rate remains fairly constant.  Mayor Costabile commented that it is important to look at the number of new jobs, not just the vacancy rate.  Some companies may take up less room than a prior company, but still bring in the same or greater number of jobs.  Mr. Ballistrea clarified that is still good data to know of available square footage. The Mayor is proud of the work done by Public Sector Solutions.  The surveys were a good tool to reach out to the various business communities.  He thanked the Public Sector team.  He also stated that the block grant money received last year was used to plant over 100 trees along Mayfield Road west from Lander Road and to upgrade building signs.  Some businesses have already taken advantage of this program and are pleased that the City would reach out to them in this fashion.  

Gerald Spuzzillo, Panini's Bar and Grille, 6289 Mayfield Road, spoke about the temporary patio enclosure that was installed.  With the construction on Mayfield Road for two years, business was hurt, as well as the state of the economy.  Panini's is trying to get people to come back now that construction is over.  The temporary enclosure helps to protect their investment on the patio from the weather and it also meets the Ohio Workplace non-smoking law, which helps to generate business.  He read a letter from the Department of Health stating that the enclosure met the outdoor workplace law. It has to provide for 50% airflow with two openings open when smoking is occurring inside the structure. The representative of the county health department stopped by and concurred about the enclosure meeting their standards, which was put in a letter that was distributed to all council members.  They put up flame retardant panels and with the sprinkler system already installed feel this is a safe structure. These panels were installed in November.  They then met with the Mayor and Building Director and then applied to the Board of Zoning Appeals.  They know that they did not go the correct route with the City in getting permission, but want to maintain their good relationship.  They are trying to better their establishment. The panels would not be up more than 180 days in the year and therefore, in his opinion, is a temporary structure according to the City's building code.  Mr. Spuzzillo suggested the City create a means for an annual permit to allow for these types of structures, as other businesses would probably want to install similar structures to stay competitive.  He read a letter from the company that provided the panels. The material is made from the same material as the awning to maintain aesthetics and safety.  The materials are flame retardant and are made for ease of installing and taking down as needed.  Windows and doors are zippered and allow access or exit in case of emergency.   It would have cost much more to install glass with the type of patio currently there.  They are asking Council to consider this application with the information provided.

Bruce Rinker, counsel for Panini's, stated that when the outdoor patio use was first broached, Council and the City were very understanding of the reasons. Part of the problem with this matter seems to be how to characterize what it is that Panini's has put up.  He believes Mr. Spuzzillo went beyond what was needed with the investment of the installation of the outdoor patio and is trying to work with a mechanism that would allow this enclosure to work for the benefit of all.  He thinks that it is extreme that this enclosure be considered as the Architectural Board looked at it as a building addition because it was enclosed.  He suggested Council consider an alternative mechanism to allow this that would satisfy all the different groups involved, including health, safety and welfare issues.  He mentioned that when the enclosure is in use, the staff makes sure that the windows are open to meet the requirements of the health department rules.  He believes that under the current building and planning and zoning code there are mechanisms in place that would allow for a collective decision making process offering special use permits or conditional use permits that are temporary in nature.  He does not believe that by enclosing this temporarily it should be considered a permanent condition.  The first step was the classic variance procedure to allow this outdoor use, and other businesses would have to go through this if they also want it.  This enclosure is novel and different, which sometimes throws a curve at officials.  They are asking that this be looked at in a different light, perhaps even tabling it for further review.  This is a substantive investment in a business to make it work well, which it seems to be doing.

Eric Bell, for Scrambler Marie's, stated that they need 96 parking spaces, but want to landbank and only provide 79 spaces to begin with.  They will work with the engineer for landscaping, the police for traffic flow and fire for fire connections.  He asked that this final site plan be approved.

----------------------------------------------------------------------------------------------------------------------

RESOLUTION NO. 2009-1:  A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to James M. Senick on behalf of Hillcrest Hospital, approval for a 123' x 8' temporary sign identifying the scope of the hospital's expansion project, to be placed in between the construction fence along the south side of Mayfield Road during construction."  Mr. Carr read the resolution by title only.  Mr. Mercurio moved to place the resolution on second reading, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Kobunski, Sasak, DiCicco.  NAYS:  None.  Mrs. Snider and Mr. Ballistrea abstained, as they are employees of the hospital.  Vote 5-0.  Motion carried.  The resolution is placed on second reading.

RESOLUTION NO. 2009-4:  A Resolution accepting a quotation for dental insurance (Guardian Life Insurance Co.)."  Mr. Carr read the resolution by title only.  Mr. Sasak moved for suspension of the rules, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Mercurio moved for adoption, seconded by Mr. DiCicco.  Mr. Ballistrea stated a memo was received from both Mr. Tribby and Mr. Lubin explaining this and the next two resolution items.  Mr. Kobunski stated that he attended one of the employee open enrollment meetings and this change was well received by the employees.  Mayor Costabile commented that the City was initially looking at an approximate  $600,000 annual increase.  .  This contract before Council provides greater benefits to employees in a cost effective manner, as the increase per year is far less than $600,000.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-5:  A Resolution accepting a quotation for vision insurance (Ameritas Group)."  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:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mr. Mercurio.  Mr. Ballistrea stated there was no increase with this insurance.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-6:  A Resolution accepting a quotation for medical and prescriptions group health insurance (Medical Mutual of Ohio)."  Mr. Carr read the resolution by title only.  Mr. Sasak moved for suspension of the rules, seconded by Mr. Kobunski.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Sasak moved for adoption, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-7:  A Resolution providing for the continued employment of a traffic engineering firm for the City of Mayfield Heights."  Mr. Carr read the resolution by title only.  Mrs. Finney moved for suspension of the rules, seconded by Mr. Sasak.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  Mr. DiCicco moved for adoption, seconded by Mr. Kobunski.  Mr. Ballistrea stated a memo was received from Mr. Tribby and the Mayor recommends approval of this contract.  There is no increase for 2009 nor was there an increase for 2008.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-8:  A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights denying to Gerald Spuzzillo, on behalf of Panini's, a request for a variance to continue the use of exterior panels surrounding the outdoor patio area, which are made of an unapproved material, at the location known as 6289 Mayfield Road."  Mr. Carr read the resolution by title only.  Mrs. Finney moved for suspension of the rules, seconded by Mrs. Snider.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Sasak moved for adoption, seconded by Mr. Mercurio.  Mr. Ballistrea asked Building Director Tom Jamieson to step forward. 

Mr. Jamieson remarked that Mr. Rinker's review was innovative.  However the bottom line is that the approval process was not followed by the applicant.  The Planning Commission and Council approved an outdoor patio in 2007. An enclosure was also requested at the time, which falls under the zoning code and is a zoning issue so it went to the ABR, which did not approve it due to the use of non-combustible materials, which the code requires.  If the ABR had approved it, it would have had to go to the Planning Commission and Council.  Simply put, approvals for this enclosure were not received, it was just put up. The fire suppression system was a requirement of having the awning attached to the building when the outdoor patio was constructed.  As far as temporary occupancy permits, it is in the Building code for when it is needed, and the request does not meet code requirements. Fire retardant material is not non-combustible, which the code requires.  The City, as a way of working with the applicant, suggested that the applicant go to the BZA.  BZA denied the applicant's request.  Mr. Ballistrea commented that he remembers approving the patio as a permanent structure.  He asked Mr. Jamieson's opinion of the panels, whether they should be considered permanent or temporary.  Mr. Jamieson replied that he gave his interpretation when he denied allowing the enclosure to remain.  There is no vehicle in the code that would allow him to approve temporary structures.    Mr. Sasak asked how the fabric panels differ from what was used last year.  Mr. Jamieson said last year it was more of a shelter and again there was no approval given. However, it was only up for a limited period of time once the applicant was aware it was not within code.   Mr. Sasak referred to the letter from Levone Lee of the County Health Department and asked his interpretation about having to have air flow.  Mr. Jamieson stated that is the Health Department rules and that the smoking issue is not within the City's jurisdiction. . If the City allows an enclosure it would look at the building code for environmental quality.  Mrs. Snider commented that the hospital used to have a covered walkway during the winter months that looked like it used similar material to this enclosure and wondered how that fit in with the code.  Mr. Jamieson stated he was not here at that time so he does not know.  Mayor Costabile interjected that it is a matter of interpretation of what is temporary and length of time involved, which is something that Council can look at.  However, it is customary that temporary means exactly that, temporary or for a limited time.  Not a limited time every year.

Mr. Mercurio stated that he understands that as it stands, the code is clear that this is not allowed.  If the matter were tabled, could it go to the Building Committee to see if changes could be made to the code to address this issue.  Mayor Costabile stated that the code should be followed and if changes are to be reviewed, that should be a separate issue in fairness to other businesses in the City who follow the code, instead of allowing a violation to continue to exist, while the matter is reviewed.  The enclosure has already been up for three months.  There was an enclosure last year also, which was not approved.  This enclosure was put up again without approval, and it went to the BZA, as it was considered a request for a variance, which was not granted. Mr. Ballistrea clarified that he thought Mr. Mercurio meant that Council could review these types of enclosures for future requests, not necessarily this one.  Mr. Mercurio asked why it was not cited when it was installed.  Mr. Jamieson replied that it was put up in a day and he went there the following business day and then he had meetings with them and the Mayor and allowed them to work through the system to try to get it resolved without making them take it down first and this is where it has come to now.  If Council wants to allow him to approve temporary structures that is fine, but there is nothing in the code right now to allow that approval.  Mrs. Finney asked if any other businesses have asked for this type of structure.  Mr. Jamieson said no, only outdoor patios and the Mayor added that others are waiting for this decision.

Mr. Ballistrea stated that he stopped by the restaurant this evening and only saw one side open and people were smoking in it.  This is a violation via the letter Mr. Spuzzillo provided to Council from the Ohio Department of Health.  Mr. Spuzzillo stated that the staff usually opens a window also.  Mr. Ballistrea commented on how the wind would blow in most cases from the Northeast through the patio structure as the current temporary door on this structure faces south and smoke would not be allowed to blow back into the restaurant proper. Mr. Spuzzillo clarified how it blows through the structure depending on its direction.  Mr. Kobunski asked about enforcement of the openness requirement. Mr. Spuzzillo said they always open two openings for air flow compliance.  Mr. Rinker stated there are always enforcement issues with any rules. The question is, is this so much of a problem that it would be a burden for the City.  He referenced Cleveland Heights in that it allows outdoor patios as a conditional use permit.  Typically, conditional use permits could reference many other conditions to be met.  He believes that zoning and building codes could be integrated to allow for this type of structure. The ABR looked at it as an addition, but the code does not define enclosure.   He does not think that it is stated that this has to be a permanent structure.  Because they are in violation, there is no way to go.  The question is if it could be feasibly regulated and it has been functioning correctly to his knowledge.  While Mr. Spuzzillo did not follow procedure, Mr. Rinker asked what was so bad about what Mr. Spuzzillo did.  If the City decides that these panels have to be removed until some time can be changed, while burdensome, it is understandable. They would like to find a solution that everyone can work with and that this not be treated in a punitive way.  He believes all the departments and officials can come up with a means to allow for this, while working within the codes.  Mr. Ballistrea remarked that by allowing the restaurant to have a temporary enclosure last year, it showed that the Building Department and City were understanding of the situation, especially with the Mayfield Road construction, but to have Mr. Spuzzillo again put up something without approval, placed the City Council in a difficult decision making process.  Mr. Rinker again stated that the ABR looked at the request for the outdoor patio as okay, but in adding the enclosure, they looked at it as an addition and denied the enclosure portion.  Mr. Ballistrea pointed out that even though it was denied, Mr. Spuzzillo still went ahead and installed panels.  Mr. Rinker asked that if he had come back for approval, what standards and guidelines would they have applied.  Mr. Ballistrea stated it would have gone through the appropriate Commissions and Boards.  Mr. Rinker does not believe there are standards and guidelines, not the way the ABR looked at it and would like the opportunity to develop them.  Mr. Ballistrea stated that the City Council would still look to its experts to approve or not approve matters.  Mr. Kobunski asked how Mayfield Village handles these types of structures.  Mr. Rinker replied that the question has not yet come up.  There was a lot of discussion held with Fisher Tavern's request to extend its deck.  Variances are unique.  He believes that if procedures could be established, then the experts could comment.  Mayor Costabile stated that while the City is happy that the establishments on Mayfield Road are coming back, what seems to be the issue is that there was opportunity to work with this before there was a violation.  Section 1171.06 refers to non-combustible materials.  The only way an issue gets to the ABR is to be in compliance with the zoning code.  The Planning Commission minutes show that this was going to be a seasonal part of the restaurant, which means that it would be closed part of the year. During construction on Mayfield Road, the City worked with the businesses in relaxing some of the regulations to make it easier for them.  An example was allowing more directional signs and allowing Panini's to use an enclosure last year. It is disappointing that with knowing all the parameters, another enclosure was installed this year.  He believes it should be taken down and then perhaps Council could look at the code to address the issue.  Mr. Carr commented that, as a suggestion to relieve the matter, in New York City he saw people eating out on the sidewalks in cold weather with propane heaters as the only concession.  Perhaps that could be done here after the enclosure is dismantled.

Mr. Rinker asked that if the applicant agrees to take down the panels, could this be withdrawn as a variance request and then they would work with the City to perhaps establish some procedure that would allow for these types of structures.  Mr. Carr replied that he thinks a determination needs to be made.  Mrs. Finney stated that the applicant knows he was wrong, but she would vote no on the denial to overturn the decision of the BZA.  She frequents Panini's and sees no problem with the enclosure or has heard any complaint.  It is really only used by smokers.  Her biggest reason for allowing it is that Panini's seems to be doing good business with the enclosure and she would not want them to fail like other businesses along Mayfield Road.  Mr. Carr stated that he rethought his answer about withdrawing and that if the enclosure is immediately dismantled, the applicant can withdraw this request, the City may review the matter, but there would be no guarantees that the City would make provisions to allow such a structure.  Mr. Rinker added that the restaurant does not serve in the enclosure during the winter and can be used for future consideration.   In terms of the procedure he asked what they should do.  Mr. Carr thought it was clearly set out.  Mr. Jamieson stated that for any extension it has to go to the Planning Commission then Council.  So for this kind of add on, it would go to ABR, BZA if there were any variances, Planning then Council for approval.  That is what it was and still is.  Mr. Rinker asked what the variance is.  Mr. Jamieson said it would depend on what was being asked, if there were any.  Mr. Ballistrea clarified that what is before Council tonight is a variance on the material being used.  Had the ABR approved the panels, the outdoor patio approval would have had to go back to Planning and Council, because that was not part of the original approval.    Mr. Carr asked that as the structure is now, no one is served out there.  Mr. Spuzzillo replied that customers could bring drinks and food outside if they choose to do so, but when the bar is closed, there is no service out there.  Mr. Rinker stated that this request was characterized as a variance to continue the enclosure.  How it is physically constructed is the criteria that needs to be addressed.  Mrs. Snider commented that Mr. Spuzzillo knows he made a mistake, but the restaurant is a good neighbor.  She would like to look at the code and it should be withdrawn.  She suggested looking at what other cities have for these types of structures.

Mr. Carr summarized that the applicant will withdraw his request, he would immediately dismantle the enclosure and Mr. Rinker will work with the City at the issue to see if it could be addressed, but with the understanding that there would be no guarantees, promises or assurances.  Mr. Ballistrea assured Mr. Spuzzillo that this was not a punitive action on the City's part. He recognizes Panini's as a good neighbor and would like to work with him to resolve the issue through proper means.

          The resolution was withdrawn by the applicant.

----------------------------------------------------------------------------------------------------------------------

Mr. Mercurio, seconded by Mrs. Finney, moved to confirm the decision of the Planning Commission approving the final site plan for additional on-site parking in conjunction with a new restaurant occupant (Scrambler Marie's) in the multi-tenant building conditioned upon working with URS to develop a landscape plan; working with the Police Department to provide proper signage and resolve any parking circulation problems; and assuring that a fire department connection will be accessible to the satisfaction of the Fire Department.  Mr. Ballistrea asked if the conditions have been met.  Mayor Costabile replied that the conditions are in place to be applied subsequent to council's approval, as it is premature at this time. .  The Building Department will monitor the situation.  All in favor, motion carried.

----------------------------------------------------------------------------------------------------------------------

Mr. Mercurio, seconded by Mr. Kobunski, moved to advertise for bids for asphalt.  All in favor, motion carried.

----------------------------------------------------------------------------------------------------------------------

There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 9:25 P.M.

Approved:                                                        Respectfully submitted,

Michael Ballistrea                                            Lisa A. Benedetti, MMC

Council President                                            Deputy Clerk of Council