CITY OF MAYFIELD HEIGHTS

COUNCIL MEETING MINUTES

APRIL 27, 2009

The public hearing was called to order at 7:05 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 purpose of the hearing was to hear comments from the public regarding 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 in its entirety.

As there were no comments from the public, the hearing was closed at 7:10 P.M.

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The public hearing was called to order at 7:15 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 purpose of the hearing was to hear comments from the public regarding 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 in its entirety.

As there were no comments from the public, the hearing was closed at 7:22 P.M.

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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 April 13, 2009, and approve as written, seconded by Mr. Kobunski.  All in favor, except Mrs. Snider who abstained as she was absent.  Motion carried.  Minutes approved.

CORRESPONDENCE AND ANNOUNCEMENTS:

Mr. Ballistrea stated there is a Hillcrest Council of Councils meeting on May 30, 2009.  The speaker will be Jane Platten, Director of the Cuyahoga County Board of Elections.

REPORTS OF OFFICERS:

Mayor Costabile:  Mayfield Road Update:  The project coordinators continue to investigate different ways to handle the eastbound traffic at Golden Gate Blvd.  Left turns are holding up the rest of the traffic, but there are no additional lanes available to dedicate to left turns.

The City received, for the second year, grant money for senior safety housing from the County.  There is criteria, such as income, that needs to be met for a homeowner to be eligible.  Some items the money could be used for are grab bars, transition strips, hand railings, electrical outlets and smoke alarms.  If anyone is interested in this money, they should contact Eileen Adornetti, Human Services Director or the Building Department.

The City has been involved with conversations with the county regarding the swine flu concerns.  There is currently only one documented case in Ohio.  All city departments are involved in order to stay informed.  The City's various media outlets will be kept updated for residents' information.  There is a MIPOD unit in the area that stands ready, if the need would arise, for mass inoculation.

The Mayor recently met with the City Engineer regarding the 2009 road program.  The Public Works Committee will need to meet to discuss the program.

The Finance Committee will need to meet to review the energy audit and make a recommendation for Council's approval.

The Mayor and Sean Ward, the Recreation Director, met with Mayfield Schools Superintendent Phillip Price to discuss regional recreation activities as a possible better use of facilities and money.

This afternoon the Mayor met with NEORSD to discuss storm water management.  The City will try to get them to act on a regional level.  The City has helped to get savings for the residents in this area already by way of its proactive approach to this issue

The Commission on Aging is sponsoring, in conjunction with the City, a shredding and recycle day.  Details will be published later.

The Mayor thanked everyone for the success of the Pancake Breakfast.  It was very well attended.

The Mayor met with Public Sector Solutions.  They are preparing a report for Mayfield Heights regarding retail properties. They will update their report and present to Council in the near future.  The City's vacancy rate remains in a better position than most cities within the region. We need to continue to pursue economic development opportunities to stay ahead of the curve.

Mr. Ballistrea stated for the residents that the sewer and water districts have a summer sprinkler program, which helps spread out the extra cost of summer bills over the whole year, for people with swimming pools, etc.

Mrs. Finney asked if there was any update on the RTA layover issue.  Mayor Costabile replied that the hospital has to get in touch with the lawyers of the other properties regarding the easement granted to see if there would be a violation of it, if the driveway were used for this purpose.

Mrs. Finney inquired if the Mayor had reviewed the Heritage Program information she had obtained.  Mayor Costabile stated he referred it to the Building Department, as they have all kinds of program information available.

Director of Law Carr:  Mr. Carr reported that he was satisfied that the procedure was proper to proceed with the energy audit.  He thanked Mr. Tribby for the research done on Brewer-Garrett.

Director of Finance Tribby:  No report.

REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:

Building Committee:  Mr. Sasak reported that he is still trying to schedule a meeting.

Finance and Audit Committee:  Mr. Mercurio reported on the meeting held April 24, 2009.  The purpose of the meeting was to review the salary ordinance and the establishment of a community relations fund.  The committee recommended criteria and draft legislation be prepared for review by the Finance Committee for the fund.

Legislative Committee:  No report.

Public Works and Services Committee:  Mr. Kobunski stated he would set a meeting date when the road information is prepared.

Recreation and Parks Committee:  Mrs. Snider thanked everyone who helped with the Pancake Breakfast.  The next meeting is cancelled due to lack of an agenda.

Safety and Transportation Committee:  No report.

Board of Zoning Appeals:  Mr. Kobunski reported on the meeting of April 14, 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 May 5, 2009.

Planning Commission:  Mr. Sasak stated the meeting of April 20, 2009 was cancelled due to lack of an agenda.

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PUBLIC COMMENT:

Gary Farkosh, 1283 Sunset, stated he and his wife were here in March and asked for help regarding rental properties on either side of their home.  The Building Department called to tell him that they had inspected the properties and found no violations.  They also told him the fence had been repaired, but in his opinion it has not been repaired.  The City gave both properties a rental permit.  He asked that someone from Council follow him home to see the violations.  He cannot sell his house because of the camera on the one house and thinks it is an invasion of privacy.  He does not believe the City cares.  He just wants to move out of the City.  Mr. Ballistrea warned him about decorum as Mr. Farkosh began to make personal attacks.  Mr. Farkosh asked why the Building Department lied to him.  Mayor Costabile stated that after Mr. and Mrs. Farkosh came to the Council meeting, the City did follow up on each and every one of his alleged complaints.  The Building Commissioner and inspectors in the department personally went out to the property, reviewed all allegations, and concluded that all issues were in conformance with the City Building Code.  In addition the Mayor will be meeting with the two neighbors to try to resolve the neighbor dispute.   The Mayor had spoken to Mr. Farkosh's wife and advised her of these efforts.  .

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RESOLUTION NO. 2009-30:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Jimmy Johns Gourmet Sub Sandwich Shop, approval for an eight (8) space parking variance, conditioned upon execution and acceptance of a declaration of restrictive covenant, in order to open a counter service restaurant at the location known as 1314 SOM Center Road."  Mr. Carr read the resolution by title only.  Mr. Ballistrea stated the minutes of the Board of Zoning Appeals were sent to all members.  Mr. Carr explained there is a restrictive covenant to avoid having the variance go with the land, which might cause issues if another tenant moved in.  Mr. Kobunski commented that the only question was to make the parking in the front diagonal for the convenience of customers coming in off of Indiana.  Mrs. Finney asked if Huntington Bank would be keeping the reserved spaces.  Mr. Kobunski said yes, but there would be no policing of them.  Mrs. Finney asked if there would be any reserved spaces for Jimmy Johns.  Mr. Kobunski replied that the front portion of the lot would be more or less for Jimmy Johns, as the bank entrance is in the back.  Mr. Carr added there would be no specific spots for Jimmy Johns.  If a dispute arises with the bank's reserved spots, it would be a private dispute without the City being involved.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-31:  "A Resolution accepting a certain bid for vehicles (Marshall Ford)."  Mr. Carr read the resolution by title only.  Mr. Sasak moved to suspend 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 Mrs. Snider.  Mr. Ballistrea stated a copy of the bid and a memo from Mr. Tribby were sent to all members.  There was only one bidder.  Mr. Kobunski asked if this was part of the rotation to dispose of older vehicles in the fleet.  Mayor Costabile said yes.  Mr. Ballistrea asked how long it takes to get a new car retrofitted.  Mr. Tribby said the order has to be placed by May 1, but he does not know how long it will take to get the vehicles built.  It would probably be 60-90 days and then it has to be fitted with our equipment.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, DiCicco, 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. Sasak moved for adoption, seconded by Mr. Kobunski.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS:  None.  Motion carried.  The ordinance is adopted.

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 for adoption, seconded by Mrs. Snider.  Mr. Ballistrea stated that when he first read this amendment his concern was if this signage would be part of the total square footage of the whole sign.  Mr. Carr said yes, the limitations are the same.  There are no amendments to the footage.  Mayor Costabile added that the square footage could be utilized anyway the applicant wants within those limitations.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

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Mr. Mercurio, seconded by Mrs. Snider, moved to obtain quotes for fuel (gas and diesel).  All in favor, motion carried.

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There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 8:17 P.M.

Approved:                                                       Respectfully submitted,

Michael Ballistrea                                            Lisa A. Benedetti, MMC

Council President                                            Deputy Clerk of Council