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06/08/2009 - Council Meeting Minutes PDF Print E-mail
 

CITY OF MAYFIELD HEIGHTS

COUNCIL MEETING MINUTES

June 8, 2009

T

he regular meeting of Council was called to order at 7:35 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 May 11, 2009, and approve as written, seconded by Mrs. Snider.  All in favor, motion carried.  Minutes approved.

CORRESPONDENCE AND ANNOUNCEMENTS:

Mrs. Snider stated that tomorrow there is a fundraiser at Wendy's for Relay to Life.  She encouraged people to go to support the event.

Mr. Ballistrea stated he, Mr. Kobunski and Mr. Mercurio attended the Hillcrest Council of Councils meeting in May.  It was very informative.  He hopes more members can attend future meetings.

Mr. Ballistrea attended the public forum hosted by Senator Tim Grendell pertaining to the gas wells issue.  The Mayor, Mr. Kobunski, Mr. Mercurio and Mrs. Snider also attended.  Again, there was good information given.

REPORTS OF OFFICERS:

Mayor Costabile: The Memorial Day Service went very well.  The Mayor thanked the Mayor's Community Council and especially Marv Blankfeld and Larry Sofia.  The video will be shown on the cable station soon.

Mayfield Road Update:  The first lane on the north side has been poured.  The second lane should be poured June 11 and the third lane on June 17.  On June 22 Golden Gate Blvd. will be reduced to one lane each way.  Golden Gate Shopping Plaza will close its eastern driveway to assist in stopping the illegal left turns, which should help with the traffic flow.

The resurfacing project on Ridgebury Blvd. continues.  The City is working with the County to try to get the Mayfield Road project completed before work begins on the eastern side of Lander Road.  The Mayor commented that it would be nice to get all road projects in the area finished this year.

Charging for EMS services has been discussed in committee.  Many questions were raised and addressed.  The Mayor hopes legislation can be on the June 22 agenda.

On tonight's agenda is the 2009 road program bids acceptance.  The Mayor recommends both portions be approved.

Sean Logan from the Ohio Department of Natural Resources was also in attendance at the gas wells forum. Many people were in attendance.  It was good to get the facts stated so people know and understand the issues, instead of hearing only rumors and misinformation.

The Mayor congratulated Human Resource Director Joe Lubin on being elected President of the National Public Management Association - Human Resources, Central Division (IPMA-HR).  Through Mr. Lubin, the City was involved in a study that was used as part of a conference session recently and because of that the City saved between $20,000 - $30,000.

The first recycling/shredding day was held June 6, 2009.  It was very well received with about 110 residents participating.  The Mayor gave figures on how much was recycled and saved by having this event. This event will be held again, maybe once in the spring and once in the fall. He thanked Dorothy Barry from the Commission on Aging for promoting this event.  He also thanked his Executive Assistant Renee Augustine for organizing it. 

The Mayor recently spoke at a Cleveland Board of Realtors event that all the real estate agencies attend. There were 14 area mayors in attendance and each promoted their cities.

The Mayor will be giving a state of the city address at the Hillcrest Chamber of Commerce meeting.

A contract for a new senior transportation service, Senior Transportation Connection (STC) is on the agenda this evening.  The Mayor thanked Human Services Director Eileen Adornetti for all her work on this subject.  This is an important program to keep senior transportation available.

The Mayor stated he looks forward to Council approving the letter of intent for the energy audit company, Brewer-Garrett.

Mr. Sasak asked how long the reduction of lanes on Golden Gate Blvd. would last.  The Mayor responded it would last 21 days.

Mr. Kobunski asked if there was any progress with the layover of the RTA buses, as the BZA will be addressing temporary signs for the common driveway owned by Hillcrest Hospital behind Eastgate shopping center.  Mayor Costabile stated that issue is not part of this case.  The RTA matter is still under discussion and trying to get all the parties involved together.

Mrs. Snider asked if when the Golden Gate Blvd. portion begins, if there will still be left turns allowed onto the freeway heading west.  The Mayor said yes. 

Mrs. Finney inquired if the Golden Gate shopping center management is waiting to pave that parking lot until the Mayfield Road project is complete.  Mayor Costabile stated that some of the work, like the potholes, was done, but the majority is being postponed until 2010. 

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:  Mr. Mercurio reported on the meetings held May 14 and May 20, 2009.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.  Two items came out of these meetings and are on the agenda this evening for approval.  There is also a supplemental appropriation ordinance, which should be approved.

Legislative Committee:  No report.

Public Works and Services Committee:  Mr. Kobunski reported on the meeting held May 8, 2009.   Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.  There are two road bids on the agenda that should be approved.

Recreation and Parks Committee:  Mrs. Snider stated a meeting was held June 2, 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 held on June 23, 2009 and will be the annual walk through of the park.  Mrs. Snider mentioned that if anyone is interested in being a part of Community Days, they should contact the Recreation Department.

Safety and Transportation Committee:  Mrs. Finney commented that she has spoken with various cities about charging for EMS services and could not find anything negative about the matter.  She assured residents that they would never be billed and hopes the legislation will be on the June 22, 2009 agenda.  Residents should not hestitate to call for EMS service whenever needed.  Mr. Ballistrea asked council members to contact Mr. Carr if there are any questions or concerns.  Mrs. Finney added that the billing companies could also be contacted.

Board of Zoning Appeals:  Mr. Kobunski reported on the meeting held May 12, 2009.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.  The next meeting is June 9, 2009. 

Commission on Aging:  Mr. Ballistrea reported on the meeting of June 2, 2009.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.  The next meeting is September 1, 2009.  He would like to see the shredding program offered more than once per year.  It is a good program.

Planning Commission:  Mr. Sasak reported on the June 1, 2009 meeting.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.

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PUBLIC COMMENT:

Janice Dzigiel, Executive Director of the Senior Transportation Connection (STC) stated she hopes that Mayfield Heights will become the 15th community to join.  STC will be pleased to serve the residents.  It was formed in 2004 as a non-profit and is about regionalism.  They have a very good software program, which helps them to be comprehensive and efficient.  She appreciated Ms. Adornetti and the administration's support.  There will be no lapse in service from the current service provider. Regular comprehensive reports as to the use of the program will be provided to the City.  Mr. Ballistrea inquired where the communication center is located.  Ms. Dzigiel stated it is at West 150th Street.  They are currently looking for an eastside depot space.  Mr. Ballistrea asked if the drivers are familiar with this area.  Ms. Dzigiel replied that 10 new drivers would start next week.  Some drivers already know the area and they are never out of contact with the center if there is a question.  Mrs. Snider asked about the time frame for requesting a ride.  Ms. Dzigiel stated same day requests sometimes can be honored, but they prefer 48-hour notice.

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RESOLUTION NO. 2009-34:  "A Resolution authorizing the Mayor to enter into an agreement with Senior Transportation Connection (STC) to provide senior transportation services."  Mr. Carr read the resolution by title only.  Mr. Kobunski moved for suspension of the rules, seconded by Mr. DiCicco.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.  Mr. DiCicco moved for adoption, seconded by Mr. Mercurio.  Mr. Ballistrea stated Council was copied with the contract.  The Finance Committee reviewed and recommends this contract.  This will be less costly than the current contract with TC3.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-35:  "A Resolution authorizing the Mayor to apply for, and if awarded, enter into an agreement through the Office of the Ohio Attorney General, to administer a Drug Abuse Resistance Education (DARE) Law Enforcement Grant within the City of Mayfield Heights and declaring an emergency."  Mr. Carr read the resolution by title only.  Mrs. Snider moved for suspension of the rules, seconded by Mrs. Finney.  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.  Mr. Tribby explained that this is enabling legislation to apply for the grant and is an annual request.  The amounts granted vary from year to year.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-36:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Charbel Rached a request for a two foot (2') variance in order to construct an eight foot (8') solid fence along the south side property line at the location known as 1453 Belrose Road."  Mr. Carr read the resolution by title only.  Mrs. Snider 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.  Mrs. Finney moved for adoption, seconded by Mr. Sasak.  Mr. Ballistrea explained that there are three variance requests for one fence.  This one is for the height.  Mr. Kobunski commented that when looking at the location, it could be seen that the height is not needed.  Roll Call on motion as stated:  AYES:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-37:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Charbel Rached a request for a variance to extend a six foot (6') solid fence along the south side property line into the side yard and front yard, fifty feet (50') beyond the rear of the house at the location known as 1453 Belrose Road."  Mr. Carr read the resolution by title only.  Mrs. Snider moved for suspension of the rules, seconded by Mr. DiCicco.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mr. Mercurio.  Mr. Kobunski explained that the extension would extend past the dumpster of the adjacent Chinese restaurant, which would shield the home from that item.  Roll Call on motion as stated:  AYES:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-38:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Charbel Rached a request for a variance to allow a six foot (6') solid wood fence along one hundred and fifty-two feet (152') of the south side property, which exceeds thirty percent (30%) of the perimeter of the rear yard at the location known as 1453 Belrose Road."  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: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Mercurio moved for adoption, seconded by Mrs. Finney.  Mr. Kobunski explained that the applicant is trying to screen the commercial tenant on the Mayfield Road side, which is a bar and there is a lot of noise.  There currently is only a chain link fence, which would be taken down.  There are arborvitaes also along that side.  Mr. Sasak asked how close the trees are to the fence.  Mr. Kobunski stated there are very close and may need to be moved or removed.  Mr. Ballistrea stated the fence could be put on the property line.  Mr. Sasak commented that a wood fence would need to be conditioned periodically.  The applicant was asked to step forward. 

          Charbel Rached, 1453 Belrose, stated the trees will remain and are close to the fence.  The fence is pre-stained and should last for many years.  Mr. Sasak stated that at the BZA meeting, Mr. Rached had stated that it would be one year before the fence would be treated.  Mr. Rached stated he was incorrect and he will maintain the fence.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-39:  "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Tony D'Agostino, on behalf of Scrambler Marie's, a request for a 24 square foot variance to place a 30 square foot secondary sign on the north side of the building, for the location known as 1394 SOM Center Road." Mr. Carr read the resolution by title only. Mr. Ballistrea stated that the applicant sent a request asking that this matter be tabled for further review.  Mr. DiCicco moved to table the resolution, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS:  None.  Motion carried.  The resolution is tabled.

RESOLUTION NO. 2009-40:  "A Resolution accepting a certain bid for asphalt patching and the resurfacing of pavement on various streets (Burton Scot Contractors, LLC)."  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:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Sasak moved for adoption, seconded by Mr. DiCicco.  Mr. Ballistrea stated a copy of the bid memo and spreadsheet were sent to all members and the Public Works Committee.  This company has been used in previous years.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-41:  "A Resolution accepting a certain bid for the crack sealing of various streets (Barbicas Construction Co., 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:  Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Snider moved for adoption, seconded by Mr. Kobunski.  Mr. Ballistrea stated that this is the first time the City has used this company.  City Engineer Dave McCallops researched the company and it had good reviews.  He thanked Dave for his work on the project.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

RESOLUTION NO. 2009-42:  "A Resolution authorizing the Mayor to execute a letter of intent with the Brewer-Garrett Company for energy conservation programs in the City of Mayfield Heights and declaring an emergency."  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:  Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Sasak moved for adoption, seconded by Mrs. Snider.  Mr. Ballistrea stated that the Finance Committee recommends this action.  He asked that Council get a copy of the actual contract before it is signed.  Mayor Costabile added that the City, with the help of the LNE Group, is also seeking grant money to assist with capital expenditures with this project.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS:  None.  Motion carried.  The resolution is adopted.

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ORDINANCE NO. 2009-20:  "An Ordinance amending Ordinance No. 2009-6, the appropriation expenditures of the City of Mayfield Heights, State of Ohio, for the fiscal year ending December 31, 2009."  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:  DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mr. Sasak moved for adoption, seconded by Mr. Mercurio.  Mr. Ballistrea stated a memo was sent from Mr. Tribby.  Mr. Tribby commented that this needs to be done in order to pay for items that have already been approved.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

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Mr. Mercurio, seconded by Mr. Kobunski, moved to confirm the decision of the Planning Commission approving an 800 sq. ft. addition to the outdoor seating area at the rear of the building and the dumpster relocation to the side of the building at The Boneyard, 5900 Mayfield Road.  Mr. Sasak reported that this was a unanimous vote by the Planning Commission.  The applicant would like to expand the patio area slightly.  Also by moving the dumpster, the traffic flow will be improved.  Mr. Ballistrea asked about the reference in the Planning Commission minutes to the front patio and flooding.  Jack Wyban, 7252 Liberty Blvd., representing Boneyard, stated that the front patio was to be glass enclosed, but that was put on hold due to flooding in the basement.  All in favor, motion carried.

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

There being no further business to come before Council, Mr. Ballistrea recessed the meeting at 8:42 P.M.  Council went into executive session at 8:37 P.M., and reconvened at 8:42 P.M.

There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 8:43 P.M.

Approved:                                                       Respectfully submitted,

Michael Ballistrea                                            Lisa A. Benedetti, MMC

Council President                                            Deputy Clerk of Council