CITY OF MAYFIELD HEIGHTS

COUNCIL MEETING MINUTES

February 12, 2007

 

 

The public hearing was called to order at 7:05 P.M. by Council President Michael Ballistrea.

 

ROLL CALL:             PRESENT:    Mr. Michael Ballistrea, Mrs. Donna Finney,

                                                            Mr. Sam Mercurio, Mr. David Sasak,

Mrs. Diane Snider, Mr. Howard Sonenstein.

                                    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. 2006-52:  An Ordinance amending Chapter 1189 of the Codified Ordinances of the City of Mayfield Heights pertaining to off-street parking.

 

Mr. Carr read the ordinance in its entirety.

 

Mr. Kay, 1835 Beham Drive, stated he had been on Council for 28 years and is now a member of the Planning Commission.  This ordinance came from the Planning Commission and he has no arguments about the residential portion of it.  He does not want to see the commercial part relaxed.  It seems that Council felt there so many variances being requested that the ordinance needed to be reviewed.  He felt that the variances being requested meant the code was working.  There have always been parking variance requests.  Mr. Kay also stated that with Mayfield Road being widened, the City should wait to see how that affects parking.

 

As there were no other comments from the public, the hearing was closed at 7:23 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, Mrs. Donna Finney,

                                                            Mr. Ronald Kobunski, Mr. Sam Mercurio,

Mr. David Sasak, Mrs. Diane Snider,

Mr. Howard Sonenstein.

                                    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 January 22, 2007, and approve as written, seconded by Mrs. Snider.  All in favor, motion carried.  Minutes approved.

 

CORRESPONDENCE AND ANNOUNCEMENTS:

 

Mr. Kobunski commented that he and Mr. Sasak met with City Engineer Tom Hippley to review the new freeway ramp configurations. Mr. Kobunski asked if an overlay of the plans could be placed at the community center so residents could see what it would look like.

 

Mr. Sonenstein reported that a MIPOD meeting was held for volunteers.  The group is still looking for volunteers, so if anyone is interested they can contact Mr. Sonenstein.

 

Mr. Sonenstein also stated that he had received multiple phone calls from residents who are upset about the recently enacted rental property fees.  He told them there would be a Building Committee meeting to discuss this matter.  He requested the date and time of the meeting be placed on Channel 23 and the website, so people would know about it.

 

Mr. Sonenstein asked if the freeway plan display could also be put on Channel 23.  Mr. Costabile stated that he would check into having the plans out there for review.  Mr. Sasak mentioned that Mr. Hippley had indicated that the drawings would be available on the Internet.  Mr. Ballistrea asked that when that is available, the fact should be made known to the residents. 

 

Mrs. Finney congratulated everyone who worked on the recent Science Fair.  It was a nice event.  She also congratulated Sgt. Anderson on the DARE graduation.

 

Mr. Sonenstein, seconded by Mr. Kobunski, moved to deviate from the agenda and move Resolution No. 2007-5 forward.  All in favor, motion carried.

 

RESOLUTION NO. 2007-5:  "A Resolution declaring February 20, 2007, the American Red Cross Give From the Heart 10^th Annual Blood Drive at Executive Caterers at Landerhaven."  Mr. Carr read the resolution by title only.  Mr. Mercurio moved for suspension of the rules, seconded by Mrs. Snider.  Roll Call on motion as stated:  AYES:  Sonenstein, Mercurio, Snider, Kobunski, Sasak, Finney, Ballistrea.   NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mrs. Snider.  Roll Call on motion as stated:  AYES:  Snider, Finney, Sasak, Mercurio, Sonenstein, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  Mayor Costabile read the resolution in its entirety and asked Mr. Harlan Diamond of Executive Caterers to accept the resolution.  Mr. Diamond thanked everyone and stated that this is the largest single day blood drive in five states.  Because of all the stringent regulations, it gets harder to give blood, but it is vitally needed.  He is proud to be a part of this event.

 

REPORTS OF OFFICERS:

 

Mayor Costabile:  Regarding the cell tower issue in Acacia Cemetery, the Mayor has conducted meetings with residents, cemetery officials and T-Mobile representatives.  At this time everyone has agreed to table the issue for further review to take into account the concerns of the residents and people with loved ones buried at the cemetery.

 

The Mayor stated he continues to meet with major apartment owners about the new rental property fees the City recently imposed.  He also is in conversation with residential property owners and many tenantsHe has asked that the matter be referred to the Building Committee who should be meeting in the next two weeks to discuss ideas and concerns.  The City wants to try to make the code work for all concerned.  The meeting will be open to the public.

 

At the last Council meeting, a member of the Civil Service Commission requested Council consider a change to the rules pertaining to points allowed for veterans.  After research was conducted, it came to light that the Civil Service Commission is the one to adopt the rules governing its procedures and testing. This issue was addressed by it at its last meeting and tabled by them.

 

Park Ohio is coming to the City and the Mayor is proud that it is doing so.  The Economic Development group helps to keep the buildings occupied and thus maintain the revenue flow.

 

The Mayor met with NEOSO officials.  This group allows municipalities to have greater purchasing power.  He will continue to work with them.

 

Ms. Adornetti, the Human Services Coordinator, has informed the Mayor that the county's weatherization program is available.  To be eligible a person has to be 150% at or under poverty level.  There is no backlog for the service at this time.

 

There is $196,000 of grant money available for communication radios with several area Fire Departments involved. A good collaborative effort was involved in getting this grant. Mayor Costabile thanked Fire Chief Forte for all of his efforts.

 

The Mayfield Business Alliance held a recent fundraising event on Groundhog Day.  The money raised will be used for school district needs.  One specific program was the  Science Fair held recently at Executive Caterers

 

Director of Law Carr:  No report

 

Director of Finance Tribby:  No report.

 

REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:

 

Building Committee:  Mrs. Snider reported there is one item on the agenda.

 

Finance Committee:  No report.

 

Legislative Committee:  No report.

 

Public Works and Services Committee:  No report.

 

Recreation and Parks Committee:  Mr. Sasak reported there were a number of items on the agenda pertaining to the raising of recreation program fees.  Many have not been increased for up to 10 years.

            Mr. Sasak reported on the meeting held January 23, 2007.  Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record.

            Dates to remember:

            Bunny Breakfast 3/31

            Pancake Breakfast 4/29

The Parks and Recreation Brochure should be distributed the first week of March.

 

Safety and Transportation Committee:  No report.

 

Board of Zoning Appeals:  Mr. Kobunski stated the meeting of February 13, 2007 had been cancelled due to lack of an agenda.  The next meeting is scheduled for March 13, 2007.

 

Commission on Aging:  Mr. Ballistrea stated the meeting of February 6, 2007 was cancelled due to the extreme cold weather.  The next meeting is March 6, 2007.

 

Planning Commission:  Mr. Sasak reported that Ordinance No. 2006-52, the parking ordinance, came from the Planning Commission with a unanimous vote in favor of the amendments.

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PUBLIC COMMENT:

 

Lucky Kramer, 1110 Orchard Hts. Drive, read a statement opposing T-Mobil's proposal to erect a cellular tower in Acacia Cemetery.  He felt that this is disrespectful to the people who are buried there and should not be allowed.

 

Gitta Levine, 6805 Mayfield Road, Gates Mills Place, stated she has lived there since 1972.  She spoke on behalf of other senior friends in the building also. She realizes the City wants properties to be kept up, but people have limited means.  The increase in utilities usually get passed on to the renters and the new rental property fees will probably also be passed on.  There are a lot of vacancies in the apartment complex now and she is afraid that if these increases happen there will be more vacancies.  This has an impact on the area shopkeepers, as well, and hopes the City takes all this into consideration.

            On another matter, Gates Mills Place shares a driveway onto Mayfield Road with the medical building.  Traffic heading west really backs up a good part of the day and blocks the driveway making it difficult to get out of the complex.  It will only get worse when the construction starts on Mayfield Road and the hospital starts its expansion.  She wondered if it would be possible to have an alternative outlet for the apartment complex.

            Mayor Costabile responded that the Mayfield Road project has been in the planning stages for over 12 years.  There will be a lot of communication between the City and residents and businesses.  This will include fliers and meetings.  The hospital and Eastgate Shopping Plaza are finally going to align their driveways, which should help with traffic flow. 

            On the rental property fee issue, as he stated in his report, many ideas and concerns will be considered.  Regarding the alternative outlet, this would be up to the private property owners to consider.

 

Marilyn Fisher, 6809 Mayfield Road, Gates Mills Place, stated she agrees with Ms. Levine's statements.  She does not agree with the $50 annual fee that the City recently adopted.  She feels that the commercial portion of the City should help more for revenue purposes.

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RESOLUTION NO. 2007-6:  "A Resolution accepting a proposal for supplementing the Mayfield Heights Code of Ordinances (American Legal Publishing Corporation)."  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, Finney, Sonenstein, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mr. Kobunski.  Mr. Ballistrea stated a memo was received from Mr. Tribby.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, Finney, Sonenstein, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

 

RESOLUTION NO. 2007-7:  "A Resolution authorizing the Director of Finance to transfer funds in accordance with amounts listed in Ordinance No. 2006-46."  Mr. Carr read the resolution by title only.  Mr. Mercurio moved for suspension of the rules, seconded by Mrs. Snider.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Sonenstein, Mercurio, Finney, Sasak, Ballistrea. NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mr. Kobunski.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Sasak, Kobunski, Sonenstein, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

 

RESOLUTION NO. 2007-8:  "A Resolution authorizing the Mayor to purchase three (3) mobile data terminals and related software from TAC Computer, Inc."  Mr. Carr read the resolution by title only.  Mr. Sonenstein moved for suspension of the rules, seconded by Mr. Sasak.  Roll Call on motion as stated:  AYES:  Sonenstein, Mercurio, Snider, Kobunski, Sasak, Finney, Ballistrea.   NAYS:  None.  Motion carried.  Mr. Sonenstein moved for adoption, seconded by Mrs. Snider.  Mr. Ballistrea stated a memo was received from the Mayor.  The money to be used was received from the Homeland Security grant.  Roll Call on motion as stated:  AYES:  Snider, Finney, Sasak, Mercurio, Sonenstein, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

 

RESOLUTION NO. 2007-9:  "A Final Resolution enacted by the City of Mayfield Heights, Ohio, hereinafter referred to as the legislative authority/local public agency or "LPA", in the matter of the stated described project (Mayfield Road, U.S. Route 322 Reconstruction Project)."  Mr. Carr read the resolution by title only.  Mrs. Finney moved for suspension of the rules, seconded by Mr. Sonenstein.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, Finney, Sonenstein, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Snider moved for adoption, seconded by Mr. Kobunski.  Mr. Ballistrea stated information was received from ODOT.  Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, Finney, Sonenstein, Ballistrea.  NAYS:  None.  Motion carried.  The resolution is adopted.

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ORDINANCE NO. 2006-52:  "An Ordinance amending Chapter 1189 of the Codified Ordinances of the City of Mayfield Heights pertaining to off-street parking."   Mr. Carr read the ordinance by title only.  Mrs. Finney moved for adoption, seconded by Mr. Mercurio.  Mr. Sasak stated this ordinance came from the Planning Commission after many hours of hard work going back to 2004.  He referenced the City's land planner David Hartt's memo of January 27, 2006, which detailed key points.  The parking requirements were reduced to be more in line with marketing requirements and accepted standards.  This should facilitate economic development by allowing more building space.  It establishes parking standards by land use regardless of zoning district.  It encourages shared parking between property owners and requires more green space to enhance aesthetics. 

Mr. Ballistrea added that a lot of redundancies and inconsistencies were removed.  Mr. Sonenstein asked if any of the larger shopping center property owners were contacted for input.  Mr. Ballistrea said yes.  Mayor Costabile reiterated the fact that these amendments make for more consistency in all zoning classifications.  The City sought the advice of an expert to help with this process.  He also thanked everyone who worked on it.  Mrs. Finney commented that the Chagrin Watershed Committee was given a study that recommends more greenery to absorb water runoff.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Sonenstein, Mercurio, Finney, Sasak, Ballistrea. NAYS:  None.  Motion carried.  The ordinance is adopted.

 

Mr. Sonenstein, seconded by Mr. Sasak, moved to remove Ordinance No. 2007-15 from the table and place it on the agenda.  All in favor, motion carried.

 

ORDINANCE NO. 2007-15:  "An Ordinance amending Chapter 1389, Section 1389.03, of the Codified Ordinances of the City of Mayfield Heights, pertaining to basic standards for residential occupancy."   Mr. Carr read the ordinance by title only.  Mr. Sonenstein moved for adoption, seconded by Mrs. Snider.  Mrs. Snider explained that Council asked for some word clarifications for this section at the last Council meeting, so a revised ordinance is before Council.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Sasak, Kobunski, Sonenstein, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

 

ORDINANCE NO. 2007-16:  "An Ordinance amending Chapter 1335, Section 1335.17 (c), of the Codified Ordinances of the City of Mayfield Heights, pertaining to permits and fees."  Mr. Carr read the ordinance by title only.  Mr. Sonenstein moved for suspension of the rules, seconded by Mr. Kobunski.  Mrs. Finney moved for adoption, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES:  Snider, Finney, Sasak, Mercurio, Sonenstein, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

 

ORDINANCE NO. 2007-17:  "An Ordinance amending the fees for the Mayfield Heights Summer Day Camp Program."  Mr. Carr read the ordinance by title only.  Mr. Mercurio moved for suspension of the rules, seconded by Mrs. Snider.  Roll Call on motion as stated:  AYES: Sasak, Kobunski, Finney, Sonenstein, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mrs. Snider.  Recreation Director Sean Ward was asked to step forward to explain this and the next four ordinances.  Mr. Ward explained he is trying to adjust fees in the various programs every few years to avoid large increases at one time.  As stated in his memo, some fees have not been increased for 10 years.  While the City does not make money on these programs, he wants to try to at least break even with the costs associated with the programs.  Mr. Sonenstein asked how these fees compare with other communities.  Mr. Ward reviewed a few and Mayfield Heights was consistently lower.  Mr. Sonenstein asked if there was financial help for needy families.  Mayor Costabile explained that the money the City receives from the weddings he performs goes into a fund that can and has been used for this purpose.

            Mr. Ward briefly explained what the various programs involve.  Mr. Ballistrea asked for a breakdown of residents versus non-residents in day camp.  Mr. Ward stated that there were mostly residents, as they get first consideration and this is a popular program.  Mr. Ballistrea asked if he had received complaints on the day camp children crowding the pool.  Mr. Ward acknowledged that was a problem.  Mrs. Finney inquired if the larger increase proposed for non-residents was to encourage residents to use the program.  Mr. Ward stated he wanted to give residents a break.  Mrs. Finney stated she does not understand how some of the increases were figured.  Mr. Ward explained that some fees are dictated by outside companies that provide services.  Some of the fees are complicated because several entities are involved, such as the school district and Mayfield Village.  Mr. Ballistrea commented that all the increases are approximately between 2% and 5%, which is not very much.

            Roll Call on motion as stated:  AYES:  Mercurio, Sasak, Kobunski, Snider, Finney, Sonenstein, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

 

ORDINANCE NO. 2007-18:  "An Ordinance amending the fees for the Mayfield Heights Teen Adventure Camp Program."  Mr. Carr read the ordinance by title only.  Mr. Sonenstein moved for suspension of the rules, seconded by Mrs. Finney.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Sonenstein, Mercurio, Finney, Sasak, Ballistrea. NAYS:  None.  Motion carried.  Mr. Kobunski moved for adoption, seconded by Mrs. Snider.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Sasak, Kobunski, Sonenstein, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

 

ORDINANCE NO. 2007-19:  "An Ordinance amending Section 953.02 of the Codified Ordinances of the City of Mayfield Heights, Ohio, pertaining to Swimming Pool fees."  Mr. Carr read the ordinance by title only.  Mr. Sasak moved for suspension of the rules, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES:  Sonenstein, Mercurio, Snider, Kobunski, Sasak, Finney, Ballistrea.   NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mr. Kobunski. Mrs. Finney stated that the previous daily admission fee had two charges, one for children and one for adults.  This amendment has only one fee and she felt it was expensive.  Mr. Ward explained that this rate has not been raised for 10 years, and as noted in the proposal, the increase is for $1 - $2.   Other cities are much more expensive.  Most of the people who use it come for the day and it is cheaper than many other forms of entertainment.  Parents often drop off their children, so this is a very cheap babysitting fee.  Mrs. Snider commented that she feels this rate is expensive for people with several children.  Mr. Sonenstein wondered if the rate could be amended.  Mayor Costabile asked Council to remember that this rate has not been increased for 10 years.  He asked them to also consider that the minimum wage has recently been increased so the City's expenses will increase.  There is also the fact that the City rate is below all the area communities.  Mr. Sonenstein suggested raising it less this year, but keep raising it, so that the residents do not see such a large increase at one time.  Mr. Sasak asked what the approximate daily attendance was.  Mr. Ward replied that it depends on the weather and could range from 8 to 50 people.  Mr. Kobunski asked if the majority of pool users have season passes.  Mr. Ward said yes.  Some children are there every day for many hours.  Families can purchase a season pass, which would be cheaper than daily admission if there are a lot of children. 

            Mr. Mercurio commented that the fees should be reviewed more frequently so increases can be made in a timely manner.  Currently the pool is running at a deficit, so these fees should remain as recommended.  Mrs. Snider stated the only fee she does not agree with is the lack of a daily admission children's fee.  Mrs. Finney agreed and stated senior adults and children are usually treated different from adults.  Sometimes people bring guests.  Mr. Ward mentioned that adults sixty and over are free as are children two and under.  Some discussion was held on the age of children who might be included in a children's fee.

            Mr. Sonenstein, seconded by Mrs. Finney, moved to amend the daily admission fee to add a children's fee of $2.00 for children 10 years of age and younger.  Roll Call on motion as stated:  AYES:  Snider, Finney, Sasak, Mercurio, Sonenstein, Kobunski, Ballistrea.  NAYS:  None.  Motion carried.  The amendment is approved.

            Mr. Sonenstein, seconded by Mr. Mercurio, moved to allow the public to speak again.  All in favor, motion carried.

            Esther Metz, 6809 Mayfield Road, wondered how the staff would know the children's ages and if they would need ID's for that purpose.  Mr. Ward stated the pool staff would not be able to ascertain that fact.  Mayor Costabile remarked that it would have to be on the honor system.

            Geno Manfredi, Ridgebury Blvd., stated that the City has an experienced Recreation Director in Mr. Ward and should listen to his suggestions.

            Mrs. Finney, seconded by Mr. Sonenstein, moved for the vote.  All in favor, motion carried.

            Roll Call on original motion as amended:  AYES: Sasak, Kobunski, Finney, Sonenstein, Mercurio, Snider, Ballistrea.  NAYS:  None.  Motion carried.  The ordinance is adopted.

 

ORDINANCE NO. 2007-20:  "An Ordinance amending the fees for the Mayfield Heights' Safety Town Program."  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:  Mercurio, Sasak, Kobunski, Snider, Finney, Sonenstein, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Finney moved for adoption, seconded by Mrs. Snider.  Roll Call on motion as stated:  AYES:  Kobunski, Snider, Sonenstein, Mercurio, Finney, Sasak, Ballistrea. NAYS:  None.  Motion carried.  The ordinance is adopted.

 

ORDINANCE NO. 2007-21:  "An Ordinance establishing fees for various programs for the Mayfield Heights Recreation Department."  Mr. Carr read the ordinance by title only.  Mr. Sonenstein moved for suspension of the rules, seconded by Mr. Kobunski.  Roll Call on motion as stated:  AYES:  Finney, Mercurio, Sasak, Kobunski, Sonenstein, Snider, Ballistrea.  NAYS:  None.  Motion carried.  Mrs. Sasak moved for adoption, seconded by Mr. Mercurio.  Roll Call on motion as stated:  AYES:  Sonenstein, Mercurio, Snider, Kobunski, Sasak, Finney, Ballistrea.   NAYS:  None.  Motion carried.  The ordinance is adopted.

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Mr. Mercurio, seconded by Mr. Sasak, moved to approve the sale of a 1996 Chevrolet Lumina to Willowick Auto Wholesale for $651.00.  Mr. Ballistrea stated a memo was received from Mr. Tribby.  All in favor, motion carried.

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Mr. Mercurio, seconded by Mrs. Snider, moved to advertise for bids for concrete.  All in favor, motion carried.

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Mrs. Finney, seconded by Mr. Kobunski, moved to advertise for bids for asphalt.  All in favor, motion carried.

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Mrs. Snider, seconded by Mr. Sasak, moved to appoint Ronald Kobunski and Howard Sonenstein to serve on the Community Reinvestment Area Housing Council for a three year term, April 1, 2006 to March 31, 2009.  Mr. Ballistrea thanked the two members for their interest. These appointments do not have to be council members, so the terms do not have to correspond to council terms.  All in favor, motion carried.

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NEW BUSINESS; COMMENTS FROM COUNCIL:

 

Mr. Sasak welcomed Park Ohio and commended the Mayor and Public Sector Solutions.

 

For the record, Mr. Ballistrea read a list of residents who called the City and oppose the rental property fees.  They were Jeanette Bakar, Marian Goelman and Gene Lorenzo.

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There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 9:17 P.M.

 

Approved:                                                                  Respectfully submitted,

 

 

 

Michael Ballistrea                                                    Lisa A. Benedetti, MMC

Council President                                                    Deputy Clerk of Council