CITY OF MAYFIELD HEIGHTS

COUNCIL MEETING MINUTES

March 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, 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 hold an executive session for discussion of contract negotiations after the regular business of Council, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried. 

Mr. Kobunski moved to suspend reading of the Council minutes of March 9, 2009, and approve as written, seconded by Mr. DiCicco.  All in favor, motion carried.  Minutes approved.

CORRESPONDENCE AND ANNOUNCEMENTS:

Mrs. Finney stated there is a program called Heritage Homes Program.  It is for people with homes that are 50 years old or older who can apply for low interest loans.  She wondered if the Mayor wanted to look into the program.

REPORTS OF OFFICERS:

Mayor Costabile:  As a follow up to Mrs. Finney's comments, the Building Department has information on many programs available to help residents and he would refer this information to that department.  He encouraged residents to contact the Building Department.

Mayfield Road Update:  The City has been fortunate to have two winter reprieves from construction, but it will be starting up again on March 30, 2009.  The main area for this year is between Golden Gate and Wal-Mart with traffic being diverted to the south side.  There will still be freeway access.  Because the City received federal grant money, the project can again be accelerated with longer work hours.  The Mayor asked for patience while the project is completed.

Five of the six unions in the City have approval for contracts on the agenda this evening.  One of those will need to be tabled, as the Union Representative has a personal issue that needed to be attended to prior to taking the matter to the Union for approval.  Although the Mayor is confident it will be approved by the next meeting. He is proud that these negotiations could be completed during the first quarter of the year. 

The Mayor commended Mr. Mercurio and the Finance Committee for their oversight on the budget, as well as Mr. Tribby's work on getting it together.

The Five Guys, Burgers and Fries restaurant recently opened in Mayfield Town Center.  The City is happy to see new businesses come to the City. The Mayor attended the Middle School Career Day.  It was enjoyable to speak with the children.

The Mayor wanted to let Council know that there is a meeting this week with the other school district municipalities to see if there can be collaboration on some events.

The upgrade to the cable and recording capabilities should be up and running in the next 30 days.  This should make it much more user friendly.

Director of Law Carr:  Ordinance Nos. 2009-13 and 14 are on the agenda this evening regarding changeable signs for service stations.  There will be three readings and a public hearing.  It should be referred to the Planning Commission.  Mr. Carr understands that there may be some concerns about the clarity of the language regarding the number of monument signs, so it can be discussed before the public hearing.

Director of Finance Tribby:  The budget is on the agenda.

REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:

Building Committee:  Mr. Sasak stated there are three items on the agenda generated from a prior Building Committee meeting, the changeable signs and the rental property fee structure.

Finance and Audit Committee:  Mr. Mercurio reported on the meeting held March 16, 2009.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.  The Committee recommends adoption of the budget and the investment policy.

Legislative Committee:  No report.

Public Works and Services Committee:  No report.

Recreation and Parks Committee:  Mrs. Snider stated there is Lunch with the Bunny on April 4, 2009.  There are two sessions and tickets are available.  The Pancake Breakfast is April 26, 2009.  The Annual Rich Vojticek 5K Run and Walk will be held April 18, 2009.  The next meeting is March 24, 2009.

Safety and Transportation Committee:  No report.

Board of Zoning Appeals:  Mr. Kobunski stated there is one item from the March 10, 2009 meeting.  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 April 7, 2009.

Planning Commission:  Mr. Sasak reported the Commission did not meet last week due to lack of an agenda.  The mixed used proposal still needs to be discussed further.

Community Reinvestment Area Housing Council: Mr. Kobunski reported on the meetings of March 17 and March 19, 2009 of the Community Reinvestment Area Housing Council.  These were annual site visits to five tax abated properties.  They are Parker Hannifin, Rockwell Automation, Staybridge Suites, Landerbrook Dental, and Elk & Elk. They are all well maintained and he is proud that they are in the City.

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Mr. Ballistrea asked to move Resolution No. 2009-23 forward.  Mrs. Snider, seconded by Mr. Mercurio, moved to take under consideration Resolution No. 2009-23 at this time.  All in favor, motion carried.

RESOLUTION NO. 2009-23:  "A Resolution commending Captain James Mendolera upon his retirement from the Fire Department of the City of Mayfield Heights, Ohio."  Mr. Carr read the resolution by title only.  Mr. Mercurio 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. Kobunski moved for adoption, seconded by Mr. DiCicco.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mayor Costabile read the resolution in its entirety and presented it to Jim along with a plaque. He thanked Jim for his many years of dedicated service.   Jim thanked everyone and stated that it was an honor to serve with one of the best departments in the area.  The resolution is adopted.

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PUBLIC COMMENT:

Fred Kramer, Chairman of the Board of Zoning Appeals, spoke on Resolution No. 2009-22.  He stated that the variance was granted with a specific requirement that both tenants would have complete and free access to all the available parking.  He felt that there would be a lot of need for the parking spaces especially during lunchtime.  There are currently spaces reserved for the bank.  It was subsequently learned that the owner of the property stated he would reserve six spaces for the bank to use.  Mr. Kramer advised Council that this was not the intent of the BZA and he would have voted against it, if that were the case.  The language in the resolution accurately reflects the BZA intent.

Jim Weaver, owner of the proposed Jimmy Johns Restaurant needing this variance spoke. He stated that he really understands community and is committed to it.  He is looking forward to coming to the City.  He would like Council to consider granting this variance. He addressed what is in the letter from the landlord. The landlord requests allowing spaces for the bank. The landlord has indicated that all spaces would be open even those that are marked reserved.  Mr. Weaver stated he did not think that parking would be a problem.  They make subs very quickly, so parking turnover would be fast.  They had already figured those reserved spaces for the bank into their plans, so he does not think it would be an issue.

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RESOLUTION NO. 2009-22:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to James Weaver, on behalf of Jimmy Johns Gourmet Sub Sandwich Shop, approval for a seven (7) space parking variance, conditioned upon equal availability of all on-site parking spaces for both tenants, for the location known as 1314 SOM Center Road."  Mr. Carr read the resolution by title only.  Mr. Sasak 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. Mercurio moved for adoption, seconded by Mrs. Finney.  Mr. Ballistrea asked Mr. Carr for his interpretation of the letter from the landlord.  Mr. Carr stated that based on background information and the condition placed on the variance by the BZA, it was clear that all spaces should be free for both tenants. The letter from the landlord, in the name of Dennis J. Fisher, is clear that he wants six spaces reserved for the bank.  This is not what the BZA intended. Perhaps this matter should go back to the BZA for reconsideration.  Council could also vote on it and dispose of it in any manner. Mr. Ballistrea stated Council heard from BZA Chairman, Fred Kramer and he stated also that the BZA condition has not been met therefore the intent of the variance has not been met. Mr Carr then stated he would recommend to send it back to get more clarification from the owner or for the BZA to consider the request with the reserved signage for the bank.  Mr. DiCicco commented that he did not see any space for a dumpster and that would take up at least one space.  Mr. Weaver agreed that one more space would be needed for a dumpster.  He asked if this resolution could be approved contingent upon the landlord agreeing not to reserve spaces for the bank.  This would save processing time. Mr. Ballistrea stated he would rather it go back to BZA, as the request may be changing, even if it is just one more space and he would rather the final determination come from the BZA, rather than Council trying to fix it.

          Mayor Costabile stated that it appears there are two options.  From the landlord's letter it seems that he may be trying to work with the BZA contingency, but it is not clear.  It would have been more helpful if the property owner was here.  Council meets again April 13 and the BZA meets on April 14.  If the landlord could clarify this matter by sending a letter to the Council President or Council Clerk, perhaps Council can consider it again at that meeting. If it goes directly back to BZA, it would not come back to Council until April 27.   Or else if it cannot be resolved at the April 13 Council meeting, then it could go back to the BZA the next evening for reconsideration. 

          Mr. Carr asked Mr. Kramer about the current reserved signs for the bank.  Mr. Kramer stated the signs have been there and are marked along the whole back.  This may have affected the prior occupant, as a homeowner on the adjacent street came in to complain about the parking on the street by the business customers, even though that is allowed.  If that is part of the lease, it should have been brought to Mr. Weaver's and the City's attention.  Mr. Carr commented that because there are signs does not mean they are enforceable.  However, it could cause problems to have reserved spaces.  Mr. Kramer added that bank workers could take the undesignated spaces, which would mean even fewer spaces for customers.

          Mr. Ballistrea asked Mr. Weaver that if the landlord would send another letter addressing this issue, the matter may be resolved by the next meeting.  Council still, however, would have  a problem granting this, if those reserved signs remain, as it could cause problems with parking for the customers and still would not meet what he believes was the intent of the BZA.  Mr. Weaver stated that there is also public parking on the street that would be available if there was a need and could be taken into consideration.  They could also neutralize the fact, if the bank employees started parking in the undesignated spots. The bank is primarily a drive through bank and he has not seen many cars parked for the bank.  He is confident this can be worked out.  Mayor Costabile stated this would give him two opportunities.  If Council chooses to table it tonight, he can work with the landlord and Council can perhaps address it at the next meeting.  If that does not work it can then go back to the BZA and Mr. Weaver can put forth the arguments he detailed this evening.  Council takes into consideration what the BZA recommends, so that is what it is trying to do here.  Mr. Ballistrea stated that Mr. Weaver should try to work out the issues with the landlord before the next Council meeting. If that does not happen, it will then be sent back to the BZA which will result in further delays.  He asked for a motion to table the resolution. 

          Mr. Sasak, seconded by Mr. Kobunski, moved to table the resolution.  All in favor, motion carried.  The resolution is tabled.

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ORDINANCE NO. 2009-6:  "An Ordinance making appropriation expenditures of the City of Mayfield Heights, State of Ohio, during the fiscal year ending December 31, 2009."  Mr. Carr read the ordinance by title only.  Mr. Sasak moved for suspension of the rules, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS:  None.  Motion carried.  Mr. Mercurio moved for adoption, seconded by Mr. Sasak.  Mr. Ballistrea stated it was the recommendation of the Finance Committee to adopt this budget.  The minutes from the meeting are comprehensive.  Mr. Tribby stated he sent a memo explaining the slight changes made to the road budget after the Finance Committee meeting.  There were no changes in the revenue.  Mayor Costabile thanked Mr. Tribby for all his work.  He is proud that in these economic times the City has been able to be fiscally responsible.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

Mr. Ballistrea asked that Ordinance Nos. 2009-7 through 11 be moved to be discussed after the Executive Session.

ORDINANCE NO. 2009-12:  "An Ordinance amending Chapter 1341 of the Codified Ordinances of the City of Mayfield Heights, pertaining to rental properties."  Mr. Carr read the ordinance by title only.  Mrs. Finney moved for suspension of the rules, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Sasak moved for adoption, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

ORDINANCE NO. 2009-13:  "An Ordinance amending Chapter 1171, Section 1171.08 (i), of the Codified Ordinances of the City of Mayfield Heights, pertaining to U-4 Local Retail and Wholesale Districts (Gasoline service station signs)."  Mr. Carr read the ordinance by title only.  Mr. Kobunski moved to place the ordinance on first reading, seconded by Mrs. Snider.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is placed on first reading.

ORDINANCE NO. 2009-14:  "An Ordinance amending Chapter 1191, Section 1191.02, of the Codified Ordinances of the City of Mayfield Heights, pertaining to signs (Gasoline service station signs)."  Mr. Carr read the ordinance by title only.  Mr. Mercurio moved to place the ordinance on first reading, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is placed on first reading.

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Mr. Ballistrea asked that Resolution No. 2009-24 be added to the agenda.

Mrs. Snider, seconded by Mr. Kobunski, moved to add Resolution No. 2009-24 to the agenda.  All in favor, motion carried.

RESOLUTION NO. 2009-24:  "A Resolution accepting a certain bid for asphalt (Allied Corporation, Inc.)."  Mr. Carr read the resolution by title only.  Mrs. Finney moved for suspension of the rules, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS:  None.  Motion carried.  Mr. Kobunski moved for adoption, seconded by Mr. DiCicco.  Mr. Tribby stated this company has bid under another name in the past.  Several other former bidders declined to bid this year.  He does not know why.  This bid is $20.00 per ton over last year's bid.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

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Mr. Sasak, seconded by Mrs. Snider, moved to authorize preparation of specifications and the advertisement for bids for four (4) cars, three for the Police Department and one for the Fire Department.  Mr. Ballistrea stated a memo was received from Mr. Tribby.  Mayor Costabile added that over the past few years the City has been moving out older vehicles to keep from spending unnecessary money on repairs.  Mr. Tribby commented that the two 1991 Crown Victorias that used to be the chiefs' cars will be sold in addition to two cars to be determined.  All in favor, motion carried.

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Mr. Sasak, seconded by Mr. DiCicco, moved to authorize the purchase of body armor for the Police Department.  Mr. Tribby stated that a memo was received from Police Chief Donnelly regarding this matter. The exact number of pieces of equipment is not known at this point, so the motion needs to be amended to include the price of up to $14,410 and that it is from Atwell's.  Mr. Mercurio, seconded by Mrs. Snider, moved to amend the motion as follows:  To authorize the purchase of body armor for the Police Department from Atwell's in the amount of up to $14,410.  All in favor, motion carried.

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Mr. Kobunski, seconded by Mr. DiCicco, moved to add a motion to the agenda to advertise for rock salt bids.  All in favor, motion carried.

Mr. Mercurio, seconded by Mrs. Finney, moved to advertise for rock salt bids.  Mayor Costabile commented that by going out early for bids, the City hopes to get better prices.   All in favor, motion carried.

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There being no further business to come before Council, Mr. Ballistrea recessed the meeting at 8:34 P.M.  Council went into executive session for contract negotiations at 8:40 P.M.  Council reconvened at 9:10 P.M.

ORDINANCE NO. 2009-7:  "An Ordinance authorizing the Mayor of the City of Mayfield Heights to enter into a collective bargaining contract with the Ohio Patrolmen's Benevolent Association, Police Patrolmen Bargaining Unit, for the purpose of achieving and maintaining harmonious relations between the City and its police force."  Mr. Carr read the ordinance by title only.  Mr. Mercurio moved for suspension of the rules, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None. Mrs. Snider abstained, as her husband was a member of the negotiating committee.  Vote 6-0.  Motion carried.  Mr. DiCicco, moved for adoption, seconded by Mr. Kobunski.  Mayor Costabile commented that a lot of work and effort goes into these negotiations.  He commended the City's labor attorney Bill Schmitz, Human Resource Director Joe Lubin and the union negotiating committees for all the unions.  Roll Call on motion as stated:  AYES: DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None. Mrs. Snider abstained for the reason stated above.  Vote 6-0.  Motion carried.  The ordinance is adopted.

ORDINANCE NO. 2009-8:  "An Ordinance authorizing the Mayor of the City of Mayfield Heights to enter into a collective bargaining contract with the Fraternal Order of Police, Lodge 57, Police Supervisory Bargaining Unit, for the purpose of achieving and maintaining harmonious relations between the City and its police force."  Mr. Carr read the ordinance by title only.  Mrs. Finney moved for suspension of the rules, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Sasak moved for adoption, seconded by Mr. Kobunski.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

ORDINANCE NO. 2009-9:  "An Ordinance authorizing the Mayor of the City of Mayfield Heights to enter into a collective bargaining contract with the American Federation of State, County and Municipal employees (AFSCME), Ohio Council 8, Local 1617, Office and Building Staff Bargaining Unit, for the purpose of achieving and maintaining harmonious relations between the City and its office and building staff."  Mr. Carr read the ordinance by title only.  Mr. Sasak moved for suspension of the rules, seconded by Mr. DiCicco.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS:  None.  Motion carried.  Mrs. Snider moved for adoption, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

ORDINANCE NO. 2009-10:   "An Ordinance authorizing the Mayor of the City of Mayfield Heights to enter into a collective bargaining contract with the Ohio Patrolmen's Benevolent Association, Communication Officers Bargaining Unit, for the purpose of achieving and maintaining harmonious relations between the City and its communication officers."  Mr. Carr read the ordinance by title only.  Mrs. Finney moved for suspension of the rules, seconded by Mrs. Snider.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Kobunski moved for adoption, seconded by Mr. Sasak.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

ORDINANCE NO. 2009-11:   "An Ordinance authorizing the Mayor of the City of Mayfield Heights to enter into a collective bargaining contract with the Union of State, County and Municipal Workers of Ohio, Service Department Bargaining Unit, for the purpose of achieving and maintaining harmonious relations between the City and its employees."  Mr. Carr read the ordinance by title only.  Mr. Kobunski moved to table the ordinance, seconded by Mrs. Snider.  Mayor Costabile stated that this contract is nearly complete.  The union representative had a personal matter to attend to, so he was unable to hold a meeting regarding this contract.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is tabled.

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There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 9:15 P.M.

Approved:                                                       Respectfully submitted,

Michael Ballistrea                                            Lisa A. Benedetti, MMC

Council President                                            Deputy Clerk of Council