February 23, 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, Mr. Ronald Kobunski,

Mr. Sam Mercurio, Mr. David Sasak, Mrs. Diane Snider.

ABSENT: Mrs. Donna Finney.

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

The Pledge of Allegiance was said.

Mrs. Snider moved to suspend reading of the Council minutes of February 9, 2009, and approve as written, seconded by Mr. Mercurio. All in favor, except Mr. Kobunski who abstained as he was absent from the meeting, motion carried. Minutes approved.

CORRESPONDENCE AND ANNOUNCEMENTS:

Mr. Ballistrea stated a memo was received from Recreation Director Sean Ward regarding tickets for the April 26, 2009 annual pancake breakfast.

Mr. Ballistrea also stated that the DARE graduation is scheduled for March 6, 2009.

REPORTS OF OFFICERS:

Mayor Costabile: The City administration has been watching the budget and trying to save money. To that end the Mayor met with a natural gas broker who will review the City's usage to find a supplier at the best rate available.

The Mayor is proud to announce a collaborative effort with Mayfield Village to pool resources for the benefit of the entire region regarding storm water management. The lines are old and a new plan needs to be put in place. This will reduce lobbyist costs while improving relations with representatives in Washington D.C. to try to get money for this area. The City will also enter into a contract for just Mayfield Heights issues. Lee Weingart from LNE is in the audience.

The Mayor met with a water department representative regarding excessive bills. If a resident gets an estimate they should contact the department, because the estimate is high and a resident can give them an actual reading instead. If the bill is excessive, also contact them, as there may be a leak somewhere. Programs are also available to help reduce costs.

The Crop N Craft program was a great success on February 21, 2009. Special thanks goes to Gini Kalan.

Former Fire Chief Wayne Jacobson recently passed away. He served the City over 27 years, seven as chief. Sympathies were extended to the family.

Director of Law Carr: No report.

Director of Finance Tribby: No report.

REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:

Building Committee: No report.

Finance and Audit Committee: No report.

Legislative Committee: No report.

Public Works and Services Committee: No report.

Recreation and Parks Committee: Mrs. Snider reported that ticket sales for the second "Taste of Italy" event are around 170 people. Tickets are still available for this event on February 28, 2009.

Lunch with the Bunny tickets will be available starting March 1, 2009.

The next meeting is scheduled for February 24, 2009.

Safety and Transportation Committee: No report.

Board of Zoning Appeals: Mr. Kobunski reported there is one item on the agenda from the meeting of February 10, 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 stated the next meeting is scheduled for March 3, 2009.

Planning Commission: Mr. Sasak reported on the meeting of February 16, 2009. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. Mr. Ballistrea inquired about the mixed use proposal. Were there specific areas being reviewed by Planning for this particular new use? Would it be merely to establish a new zoning classification? Mr. Sasak said it is not zoning, it is more of an overlay to apply based on acreage.

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PUBLIC COMMENT:

Steve Eisenberg, 24500 Chagrin Blvd., Beachwood, was here on behalf of Musca Properties. New signage is proposed at Maygate Shopping Center, which would impact three tenants initially. The primary color would be white with a black background, which will provide a new look and update the front of the building. The Blockbuster lease expires October 31, 2009 and the company may not sign a new lease. The variance is a request to allow these new sign colors while maintaining the old Blockbuster sign colors with the provision that that sign would be replaced no later than November 1, 2009. Mr. Eisenberg had two letters from the other tenants agreeing to the sign change.

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RESOLUTION NO. 2009-13: "A Resolution commending Artis Scott for her service on the Commission on Aging." 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: Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. Mr. Mercurio moved for adoption, seconded by Mr. DiCicco. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Kobunski, Ballistrea. NAYS: None. Motion carried. Mayor Costabile read the resolution in its entirety and presented it to Ms. Scott. The resolution is adopted.

RESOLUTION NO. 2009-14: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Arnold J. Eisenberg, Inc., on behalf of Musca Properties, LLC, a variance to allow the installation of three new signs, while allowing one existing yellow sign (Blockbuster) to remain on the building no later than November 1, 2009, at the property known as 6351-6383 Mayfield Road, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Mercurio moved for suspension of the rules, seconded by Mr. Kobunski. Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. Mrs. Sasak moved for adoption, seconded by Mr. Sasak. Mr. Ballistrea commented that this seems to be a nice update and will improve the attractiveness of the center. Mr. Carr asked Mr. Eisenberg to articulate for the record the conditions set forth by the Board of Zoning Appeals. Mr. Eisenberg stated he confirmed with Musca Properties and followed up with a letter regarding the Blockbuster sign. Mr. Ballistrea stated copies of the letters to the other tenants were received. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.

RESOLUTION NO. 2009-15: "A Resolution authorizing Mayor Gregory S. Costabile to submit a grant application to the Ohio Department of Natural Resources NatureWorks Program." Mr. Carr read the resolution by title only. Mr. DiCicco moved for suspension of the rules, seconded by Mr. Mercurio. Roll Call on motion as stated: AYES: Kobunski, Snider, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. Mrs. Snider moved for adoption, seconded by Mr. Kobunski. Mr. Ballistrea stated a memo was received from Recreation Director Sean Ward. This is primarily an upgrade to the tennis courts. Mayor Costabile confirmed this would improve the tennis courts, which are used by a wide range of residents. This is also tied in with the LNE Group resolution as they have been helping with this grant application. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.

RESOLUTION NO. 2009-16: "A Resolution authorizing the Mayor to enter into a consulting services agreement with LNE Group for the purpose of seeking and securing federal and state funds for storm water flooding mitigation management and water line projects and declaring an emergency." 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: Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. Mr. Mercurio moved for adoption, seconded by Mr. DiCicco. Mr. Ballistrea stated that Council heard from the Mayor and received an email regarding the matter and also the fee structure. He asked if the fee structure was for both municipalities. The Mayor replied that no, the fee structure was for each municipality, but is the same. Mr. Ballistrea asked if there was any dollar amount they may feel is available. Mayor Costabile stated the City applies for Section 594 funds.

Lee Weingart, LNE Group, further explained that every year the House of Representatives could designate about $20M for local projects. With Representative Steven LaTourette for Mayfield Village and Mayfield Heights Representative Marcia Fudge, he believes the chances of getting money increases. The City and Village will apply for up to $2M. Mr. Ballistrea commented that this agreement is for a minimum of five months. The Mayor stated that was correct and it can go up to 10 months. Mr. Ballistrea requested that Council be kept up to date on the progress of the requests, especially before the summer recess. Mr. Weingart responded that Council can get monthly reports or he can come in person to give an update. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.

RESOLUTION NO. 2009-17: "A Resolution authorizing the Mayor to enter into a consulting services agreement with LNE Group for the purpose of seeking and securing federal and state funds, and declaring an emergency." Mr. Carr read the resolution by title only. Mr. Sasak moved for suspension of the rules, seconded by Mr. DiCicco. Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. Mrs. Snider moved for adoption, seconded by Mr. Mercurio. Mr. Ballistrea stated the fee is being reduced from $5000 to $3000 per month due to the additional contract in conjunction with Mayfield Village. Mr. Kobunski asked if Mayfield Village is adopting a contract also. Mayor Costabile replied that it is already adopted as of last week. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.

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There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 8:10 P.M.

Approved: Respectfully submitted,

Michael Ballistrea Lisa A. Benedetti, MMC

Council President Deputy Clerk of Council

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February 23, 2009