CITY OF MAYFIELD HEIGHTS

COUNCIL MEETING MINUTES

April 13, 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.

                              ABSENT:      Mrs. Diane Snider.

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

The Pledge of Allegiance was said.

Mr. Mercurio, seconded by Mrs. Finney, moved to hold an executive session after the regular business to discuss union contract negotiations.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.

Mr. Kobunski moved to suspend reading of the Council minutes of March 23, 2009, and approve as written, seconded by Mr. DiCicco.  All in favor, motion carried.  Minutes approved.

CORRESPONDENCE AND ANNOUNCEMENTS:

Mr. Ballistrea stated the new digitized cable station format looks great.  The annual Pancake Breakfast will be held April 26, 2009 and the 5-K Rich Vojticek Run/Walk on April 18, 2009.

SPECIAL PRESENTATION:

Jim Mcilwee, Autism Society of Cleveland, spoke about autism, a neurological disability.  It affects 1 in 150 children and is growing at an epidemic rate.  He got involved when one of his sons was diagnosed with this disability.  He and his wife helped to implement monthly meetings for parents where there is a speaker and networking to help deal with this disability.  If anyone is interested in information about autism, the website is www.asgc.org.  Mr. Ballistrea thanked Mr. Mcilwee for speaking and stated that Council would be adopting a resolution in awareness of this matter.

REPORTS OF OFFICERS:

Mayor Costabile:  Mayor Costabile also thanked Mr. Mcilwee and mentioned that the City is now able to put information on its cable station, if there is something the Autism Society would like to have the City show.

As Mr. Ballistrea mentioned, the City's cable station is now digitized and the format looks great.  It was up and running last week.  Mayfield Heights was one of the first in the area to have the new AT & T U-Verse cable service.  Those customers who have U-verse will be able to also view the City's cable station soon, now that the City has upgraded its equipment.

Lunch with the Bunny was a great event and everyone seemed to have a lot of fun.  The children who found a Golden Ticket in their Easter egg had lunch with the Mayor today and toured the City complex.

The Fire Department is assisting with the high school prom drill to caution of the dangers of drinking and driving, especially during the High School Prom season.  The Police Department is actively involved with the school district's campaign against parents who host drinking parties for minors.  The campaign is titled "Parents Who Host Lose the Most." 

The Mayor swore in a new firefighter/paramedic, Robert Bambrick.

Computer classes for seniors continue to be offered in conjunction with Mayfield Village.  If anyone is interested, contact Eileen Adornetti.

The Mayor and Mr. Ballistrea attended an excellent meeting regarding the senior transportation transition to a new agency.  The City is awaiting the proposal for this important service and then it will be sent to Council.

The Mayor, the City's lobbyist group, and officials from Mayfield Village met with Congressman Steven LaTourette to discuss a request for funding from the federal government for storm water management.  The Mayor feels cautiously optimistic about the City's chances for funding.

The Northeast Ohio Mayors and Managers Group went to Columbus to meet with state representatives to advocate issues affecting Northeast Ohio.  The Governor, Lt. Governor, Attorney General, and Chief Justice of the Ohio Supreme Court met with the Mayor's group

If anyone is interested in participating in the 5-K Rich Vojticek Run/Walk, they should call the Recreation Department.  Tickets are also available for the annual Pancake Breakfast.

The next issue of the City Focus should be coming out within the next 2-4 weeks.

Mrs. Finney inquired about the status of the new RTA layover location.  The buses are still lying over in front of Wal-Mart.  Mayor Costabile replied that, as he has previously reported, he has been involved in a number of meetings with regard to this topic.  The City's Traffic Engineer has prepared a report to support an alternative location.  The Mayor hosted a meeting last week with the respective parties needed to resolve the issue.   Because there are other entities involved with the proposed use of the consolidated driveway across from the hospital, some issues still need to be worked out between all parties.  He expects it will be resolved soon.  Mrs. Finney stated that people are using upside down shopping carts as a bus stop across from Wal-Mart and it looks bad. She wondered if a bus stop could be installed at that location.  Mayor Costabile replied that it would not be prudent to construct a shelter at this time since the final phase of the Mayfield Road Improvement project is being conducted where she inquired about a shelter.  The Mayor has confirmed with RTA that a shelter will be constructed after the road construction is finished.   In the meantime, the City will monitor the cart issue.

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 scheduled soon.

Finance and Audit Committee:  Mr. Mercurio stated there were a couple of items on the agenda.  Mr. Ballistrea asked that a meeting be scheduled to review the salary ordinance as the labor agreements are near completion and setting up a community relations fund.

Legislative Committee:  No report.

Public Works and Services Committee:  No report.

Recreation and Parks Committee:  Mr. DiCicco reported the Lunch with the Bunny was a resounding success.  He thanked everyone who helped.  The Pancake Breakfast tickets are available and the event will be held April 26, 2009.  Mr. Ballistrea added that the Lunch with the Bunny received good press in the Sun Messenger.

Safety and Transportation Committee:  No report.

Board of Zoning Appeals:  Mr. Kobunski reported that there is one tabled item for Council to address.  The next meeting is April 14, 2009.

Commission on Aging:  Mayor Costabile reported on the meeting held April 7, 2009.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.  There are different committees working on specific issues, such as education and health and wellness and this seems to be working out well.  The Mayor is working with the Commission to establish an annual Recycle/Shredding Day. Mr. Ballistrea stated the next meeting is May 5, 2009.

Planning Commission:  Mr. Sasak reported on the meeting held April 6, 2009.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.  The next meeting will be April 20, 2009.

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PUBLIC COMMENT:  None.

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Mrs. Finney, seconded by Mr. Mercurio, moved to remove Resolution No. 2009-22 from the table and place it on the agenda.  All in favor, motion carried.

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. Mercurio moved for adoption, seconded by Mr. Sasak.  Mr. Ballistrea stated the Building Department received a letter from the applicant asking that the variance request go back to the Board of Zoning Appeals for a different number of parking spaces.  Mr. Carr stated that because the conditions were not met from the first application, he recommends that for this resolution the decision of the BZA be overturned.  Mayor Costabile added that the new application is for eight spaces rather than seven, as originally submitted.  Roll Call on motion as stated:  AYES: None. NAYS:  DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. Vote 0-6.  Motion carried.  The resolution is overturned and defeated.

RESOLUTION NO. 2009-25:  "A Resolution authorizing Mayor Gregory S. Costabile to submit a grant application to the Ohio Department of Natural Resources Land and Water Conservation Fund."  Mr. Carr read the resolution by title only.  Mr. Mercurio moved for adoption, seconded by Mr. Sasak. Mrs. Finney moved for suspension of the rules, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Mercurio moved for adoption, seconded by Mr. Kobunski.  Mr. Ballistrea stated this would allow the City to apply for a grant.  Mayor Costabile explained that a prior resolution was similar to this one.  This is for different funds for the same project.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-26:  "A Resolution proclaiming April, 2009 as "Autism Awareness Month"."  Mr. Carr read the resolution by title only.  Mr. DiCicco moved for suspension of the rules, seconded by Mr. Kobunski.  Roll Call on motion as stated:  AYES:  Kobunski, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mr. DiCicco.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-27:  "A Resolution authorizing the Director of Finance to transfer funds in accordance with amounts listed in Ordinance No. 2009-6."  Mr. Carr read the resolution by title only.  Mr. Kobunski 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.  Motion carried.  Mr. DiCicco moved for adoption, seconded by Mr. Kobunski.  Mr. Ballistrea stated a memo was received from Mr. Tribby explaining this action.  Roll Call on motion as stated:  AYES:   DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-28:  "A Resolution authorizing the Director of Finance to transfer funds in accordance with amounts listed in Ordinance No. 2009-6."  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: Sasak, Kobunski, DiCicco, Finney, Mercurio, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Sasak moved for adoption, seconded by Mrs. Finney.  Mr. Ballistrea stated a memo was received from Mr. Tribby.  Mr. Tribby added that this is slightly different from the last resolution.  This allows him to make transfers throughout the year to keep the funds listed here in balance.  This action was recommended by the auditors.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-29:  "A Resolution accepting a certain bid for a cab and chassis for a 4 x 4 one ton truck (Valley Freightliner Sterling Trucks of Cleveland)."  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:  Kobunski, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS:  None.  Motion carried.  Mr. DiCicco moved for adoption, seconded by Mr. Sasak.  Mr. Ballistrea stated a memo was received from Mr. Tribby with copies of the two bids.  Mr. Kobunski asked if both bids were for a 2008 truck.  Mr. Tribby replied that the Sterling bid is a 2008 truck.  The company is going out of business and as a result we were able to receive a more competitive bid.  The other one bid is for a 2009 truck, but the cost is higher.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

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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. Mercurio moved to place the ordinance on second reading, seconded by Mr. Kobunski.  Mr. Ballistrea explained that this matter was sent to the Planning Commission for review. No changes were suggested.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is placed on second 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.   Mrs. Finney moved to place the ordinance on second reading, seconded by Mr. Sasak.  Mr. Ballistrea explained that this matter was sent to the Planning Commission for review.  It did make some changes and the revised ordinance was distributed to Council. Roll Call on motion as stated:  AYES: DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is placed on second reading.

ORDINANCE NO. 2009-15:  "An Ordinance approving the editing and inclusion of certain ordinances as parts of the various component codes of the Codified Ordinances; providing for the adoption of new matter in the updated and revised Codified Ordinances; providing for the publication of such new matter; and declaring an emergency."  Mr. Carr read the ordinance by title only.  Mr. DiCicco moved for suspension of the rules, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mr. DiCicco.  Mr. Ballistrea explained that this is for the annual updating of the codified ordinances.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

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Mr. Mercurio, seconded by Mr. Sasak, moved to confirm the decision of the Planning Commission approving two replacement directional signs as submitted for Landerbrook Center, 5875 Landerbrook Drive.  Mrs. Finney asked the Mayor for his reasons for voting against some of the signs.  Mayor Costabile replied that he agreed with the two replacement signs.  They are needed and look better than the old signs.  In regards to the two new signs, he does not think they are necessary, even though the original size was reduced.  He has never heard of a problem at that location, the building has been in existence for an extended period of time, and to allow for new signs would contravene the precedent established by the City to take necessary steps to reduce over signage in the City. Mr. Sasak commented that he agrees with the Mayor about the two replacement signs, as did the rest of the Planning Commission members.  All in favor, motion carried.

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Mr. Mercurio, seconded by Mr. Kobunski, moved to confirm the decision of the Planning Commission approving two new directional signs conditioned upon the double sided sign faces being reduced to 2'6" x 3'6" for Landerbrook Center, 5875 Landerbrook Drive.  Mr. Sasak explained that the applicant was concerned with the traffic coming in the driveway and then getting to the circle and not knowing where to go.  There is no direction as to where to go to the main parking lot.  There have been complaints of people parking in the Champps lot.  These signs would also direct people to a second entrance.  Mr. Ballistrea stated he spoke with Mr. Sasak about this decision in depth.  It seems that some of the signage would also help direct truck traffic to the appropriate location.  Mayor Costabile commented that the two replacement signs should help with that issue.  There is also going to be a new monument sign, which should help.  As a result the proposed two new signs, in the Mayor's opinion, did not appear to be needed. All in favor, except Mrs. Finney who voted no.  Vote 5-1, motion carried.

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There being no further business to come before Council, Mr. Ballistrea recessed the meeting at 8:25 P.M.  Council went into executive session to discuss union contract negotiations at 8:27 P.M.  Council reconvened at 8:37 P.M.

Mr. Sasak, seconded by Mr. DiCicco, moved to remove Ordinance No. 2009-11 from the table and place it on the agenda.  All in favor, motion carried.

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. Sasak moved for adoption, seconded by Mr. DiCicco.  Roll Call on motion as stated:  AYES:  Kobunski, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS:  None.  Motion carried.  The ordinance is adopted.

ORDINANCE NO. 2009-16:  "An Ordinance authorizing the Mayor of the City of Mayfield Heights to enter into a collective bargaining contract with Local 1500 of the International Association of Fire Fighters, AFL-CIO, for the purpose of achieving and maintaining harmonious relations between the City and its employees."  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:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Sasak moved for adoption, seconded by Mr. Kobunski.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 8:40 P.M.

Approved:                                                       Respectfully submitted,

Michael Ballistrea                                            Lisa A. Benedetti, MMC

Council President                                            Deputy Clerk of Council