CITY OF MAYFIELD HEIGHTS
COUNCIL MEETING MINUTES
June 22, 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.
Mr. Kobunski moved to suspend reading of the Council minutes of June 8, 2009, and approve as written, seconded by Mrs. Finney. All in favor, motion carried. Minutes approved.
CORRESPONDENCE AND ANNOUNCEMENTS: None.
REPORTS OF OFFICERS:
Mayor Costabile: Mayfield Road Update: Everything is moving along efficiently and safely. Golden Gate Blvd. will have reduced access one lane each way while work is done at the intersection. This portion should last 21 days. The on and off ramps for the freeway should be completed by the week of July 13, as well as the opening of two lanes on both sides of Mayfield Road. Only the median area will still need work.
The City is continuing to work with the County regarding the Ridgebury Blvd. resurfacing project. The work is being coordinated with the Mayfield Road project to try to ensure that the work on the portion east of Lander Road will begin only when the lanes on Mayfield Road are reopened. This is also slated for July 13.
The bathroom facilities at Oakville Park continue to be constructed and should be completed by the end of the month. Some diseased trees were removed and replaced with new adult trees. It was felt to be best for the park and neighborhood to replace with similar sized trees instead of small saplings. . More will be planted.
The Mayor met with summer staff and the City is looking forward to a great summer and great programs.
Club Molisani, which sponsors the bocce tournament, will again hold that tournament this year during community days. There was another bocce tournament being held at the same time in another city, which has been moved to another date. There should be more teams in the City's tournament, as a result of this change.
David Hartt, the City's Planner, is in attendance this evening to discuss the new mixed use zoning classification. The Mayor is excited about this classification and recommends approval of it. It will give greater opportunities for development around the City.
Letters have been drafted and will be sent to all the TC3 riders regarding the new STC service.
The CERT team, firefighters and police continue to learn with various training sessions.
Dates to remember:
Mayor's Golf Outing - July 24
Concerts in the Park - July 14 and 28
Movie in the Park - June 25
Community Unity Days - August 20 - 23
AT & T Uverse customers are not currently able to access the City's cable station. Equipment is to be installed June 29 that will help enable access for those customers in the near future.
Mrs. Snider asked if curb addresses would be painted this year. It seems to be needed and she thought it might be a good project for the Juvenile Diversion program. Mayor Costabile replied that the addresses were painted two years ago. The Service Department will be doing spot painting of the addresses, as needed, as well as painting fire hydrants. It would not be in the City's best interest to use the Juvenile Diversion program, as the need for accuracy with the addresses is paramount.
Mrs. Snider commented that she heard there was a new animal warden. She commended him for cleaning up the kennel area. The Mayor added that the new animal warden, who is already a member of the Service Department, is excited about his new duties.
Mr. Ballistrea inquired if there would be any type of insert in the City Focus regarding the switch to STC or if Human Services Director Eileen Adornetti would be addressing the matter on her page. The Mayor stated this was the purpose of sending the letter that he referenced in his report. The letter went to all current subscribers to the program. If room allows in the Focus, it could be added again.
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 meeting held June 19, 2009. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. The Committee recommends the approval of the salary ordinance and the establishment of the Community Relations Account.
Legislative Committee: No report.
Public Works and Services Committee: Mr. Kobunski stated that he agrees with Mrs. Snider's comments that the curb addresses need attention. They are hard to read.
Recreation and Parks Committee: Mrs. Snider reported that the camps are in session and the pool is now open. The City is researching handicap accessible swings. The next meeting is June 23, 2009. Fireworks will be held as part of homedays.
Safety and Transportation Committee: No report.
Board of Zoning Appeals: Mr. Kobunski reported on the meeting held June 9, 2009. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. There is one item on the agenda this evening and the BZA is now on summer recess.
Commission on Aging: Mr. Ballistrea reported the Commission is also on summer recess.
Planning Commission: Mr. Sasak reported that there was no meeting. However, the mixed use zoning ordinance is on the agenda for first reading this evening.
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PUBLIC COMMENT:
Peg Egensperger, 6369 Ashdale Road, stated the last time she was here she had asked council members to vote no on gas wells in the City Park and she thanked those who kept it out of the park. The Northeast Ohio Gas Accountability Project (NEOGAP) is working to get changes to the requirements for gas wells. She encouraged people to get involved.
She had questions on some of the ordinances on the agenda this evening. Regarding the Community Relations Account, she stated that in all her years in office, Council members used their own money to purchase tickets, flowers, etc. She wondered if the account would be used for fundraisers. If a Council member attended an event, such as a luncheon, on behalf of the City, that could always be reimbursed. She asked Council to rethink this matter.
The salary ordinance gives the Mayor a raise to $49,000. She does not believe it is necessary for a part time position. She is planning on running for mayor again. It is not a good time to ask the taxpayers for this, while they are struggling to make ends meet. She asked that the mayor's section of the ordinance be amended back to $30,000 and then it can be voted on so the rest of the employees can get their raises. She is glad that Council is not getting raises.
On another matter, she found out at the Election Board that a person could use the term "re-elect" if they had been elected to that position at any time.
Delores Klafta, 1130 SOM Center Road, stated that she had understood that the Mayor's salary was to bring it in line with others. She does not understand that reasoning. This is not a good time to do this. She also does not think the community fund is a good idea.
Mrs. Klafta mentioned that she has heard that Gates Mills is contemplating taxing gas well royalties. She hopes that Mayfield Heights does not follow that lead.
Geno Manfredi, 6292 Ridgebury Blvd., thanked the Mayor and Council for the use of the pavilion recently. The Knights of Columbus hosted 125 special needs persons. Mr. Manfredi asked for an explanation of the salary ordinance.
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RESOLUTION NO. 2009-43: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Brilliant Electric Sign Company, a request for a variance in order to erect a 23 square foot temporary sign, to include the identification of Eastgate Shopping Center; Gates Mills Villa (6755 Mayfield Road; Manor Care (6754 Mayfield Road); and Gates Mills Club (6759 Mayfield Road), for a period of 90 days from the installation of the sign." 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: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. Mr. Mercurio moved for adoption, seconded by Mrs. Snider. Mr. Ballistrea commented that a permanent sign will be taking the place of this one and that has already been approved. Mr. Kobunski stated that two versions of the sign were presented and he had asked that Council receive the final version, which he did not believe was received. Mr. Ballistrea asked Major Harrison from Brilliant Sign to clarify the difference in the two drawings and what should be addressed. Council has the one that has Eastgate on the top of the sign and Mr. Kobunski's copy does not. Mr. Harrison stated that the management of Eastgate Shopping Center asked to have the name removed from the sign. Mrs. Snider, seconded by Mrs. Finney, moved to amend the resolution to remove the words "Eastgate Shopping Center", so that it reflects what the BZA voted on. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. Mr. Sasak raised the question of the square footage stated in the resolution. It does not match the size of the sign. Mr. Harrison explained that the 23 sq. ft. refers to the signage size, not the size of the whole sign. The BZA approved the 23 sq. ft. Roll Call on motion as amended: AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2009-44: "A Resolution adopting the Alternative Tax Budget Information Format for the City of Mayfield Heights, State of Ohio, for the fiscal year 2010." 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: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mr. Mercurio. Mr. Ballistrea stated a memo was received from Mr. Tribby. Roll Call on motion as stated: AYES: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
Mr. Ballistrea stated that an email was received from the applicant asking that Resolution No. 2009-39 remain tabled.
Mrs. Finney moved to add Resolution No. 2009-45 to the agenda, seconded by Mr. Mercurio. All in favor, motion carried.
RESOLUTION NO. 2009-45: "A Resolution authorizing the Mayor to issue a purchase order to Valley Ford Truck Sales of the purchase of one (1) Ford F-350 pickup truck." 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: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. Mr. Mercurio moved for adoption, seconded by Mrs. Finney. Mr. Ballistrea commented that this expenditure was part of the budget process. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
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ORDINANCE NO. 2009-21: "An Ordinance amending Chapter 146 of the Codified Ordinances of the City of Mayfield Heights pertaining to the Department of Human Resources." Mr. Carr read the ordinance by title only. Mr. DiCicco moved for suspension of the rules, seconded by Mr. Sasak. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mr. Mercurio. Mr. Ballistrea remarked that this was discussed at a Finance Committee meeting and approved. It changes the work "coordinator" to "director." Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. The ordinance is adopted.
ORDINANCE NO. 2009-22: "An Ordinance providing for the organization of certain administrative departments and fixing the salaries and bonds of certain officers and employees therein." 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: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. Mr. Sasak moved for adoption, seconded by Mr. Kobunski. Mr. Ballistrea stated this was discussed extensively at Finance Committee meetings. The Mayor's and Council's salaries were discussed as a formula process. Mr. Tribby and Mr. Carr researched the matter. At the June 19, 2009 Finance Committee meeting, it was recommended that a 3% increase be given to all non-union employees to be in line with the union contracts. The Committee did not recommend changing the process for Council salaries at this time, but did recommend increasing the Mayor's salary to $49,000 beginning with the next term. Mr. Ballistrea will send the Council salary issue back to committee in 2010. Mrs. Snider inquired as to where the figure for the Mayor's salary came from. Mr. Ballistrea explained that this was not done by a formula. The committee felt that the Mayor's salary was low for the responsibility of the job and in relation to other area suburbs. Mr. Mercurio concurred with Mr. Ballistrea's remarks. And that also, as the department head salaries are almost at $100,000 and because the Mayor is the head of the City, that salary was compared to those and figured as a part time salary in relation to them. Mr. Ballistrea stated that this salary would be fixed for the next four year term. Council can review salaries at any time.
Mrs. Finney stated that she was at the first meeting on April 24, 2009 and made it clear that she was not in favor, in this economy, of raises for either Council or the Mayor, especially one for a 63% raise for the Mayor. She wanted it understood that while she would have to vote no on this matter, she was not voting against the rest of the employees' increases. Mr. Sasak commented that it was a long meeting, but good and there was positive discussion. He believes these were the best choices made. The Council salary was at mean with the surrounding area, but the Mayor's salary was quite low, especially in relation to the department head salaries. Mr. Mercurio stated that when this was sent to the Committee, the intent was to look at parameters that could be used in the future. It was never the intent to raise Council salaries now. Mr. Ballistrea mentioned that the Mayor was not in the Committee meeting during discussion of his salary, nor did he recommend any change.
Roll Call on motion as stated: AYES: Kobunski, Snider, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: Finney. Vote 6-1. Motion carried. The ordinance is adopted.
ORDINANCE NO. 2009-23: "An Ordinance enacting Section 131.03 of the Codified Ordinances of the City, pertaining to the Mayor (Community Relations Account)." 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: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. Mr. Sasak moved for adoption, seconded by Mr. DiCicco. Mr. Ballistrea explained the use of this fund. It is for City related activities. $2500 was set aside for the year. Possible uses would be for marketing and promoting the City, flowers for funerals and sponsorship, etc. Mayor Costabile added that this fund has a limit of $500 per expenditure and a quarterly report would be given to Council. This allows Council to get more involved with community related events. The way it is set up allows for transparency and checks and balances. Mrs. Finney stated she thinks that these matters can still be done by personal donations of the Council and Mayor. Mr. Ballistrea commented that this allows the City to be community leaders. It is legal. Mr. Sasak stated that the legality and auditability of the fund was discussed. Mr. Tribby explained that expenditures of this kind are allowed if they are, using an auditor's term, for a proper public purpose. It cannot be used for fundraisers or frivolous purposes. Promotions such as an ad in the football program are okay, but not for attending something like golf outings for a candidate for office. Roll Call on motion as stated: AYES: Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: Finney. Vote 6-1. Motion carried. The ordinance is adopted.
ORDINANCE NO. 2009-24: "An Ordinance enacting Chapter 1180 of the Codified Ordinances of the City of Mayfield Heights, pertaining to Mixed Use District." Mr. Carr read the ordinance by title only. Mrs. Snider moved to place the ordinance on first reading, seconded by Mr. DiCicco. Mr. Ballistrea mentioned that this was a long time coming and commended the Planning Commission and David Hartt for their work on the subject. He asked Mr. Hartt to explain the matter. Mr. Hartt stated that this was an outgrowth of the master plan. The Planning Commission reviewed an outline of the basic concepts. A true mixed use district allows for commercial, retail and residential use. It is being envisioned as an option to overlay an existing zoning. It is allowing rights that are in addition to, not as a substitute for, existing zoning. This would require a preliminary development plan in order to have property rezoned. This requires a more rigorous process, as it would show everything beforehand, such as landscaping and parking. The owner always has the right to use the property for the underlying zoning if the original plan does not work. Basic standards of this more intensity zoning are that the buildings can be 3-4 stories high and there is residential as part of it, but not all. It requires a minimum of seven acres, but can be expanded to include more contiguous acreage. More parking would be needed than with surface parking due to the intensity, which could require parking decks. Mr. Ballistrea asked if there would be parking garages as part of the buildings. Mr. Hartt stated that could be addressed and restrictions can be put in place. Setbacks are different for residential and commercial. The procedure is that an applicant would ask for this. It would not be rezoned by the City. It would still go before the Planning Commission and then Council. If there were a revision to the preliminary plan, it would have to go back to the Planning Commission and Council. If there is a lapse, the overlay zoning stays, but the planning process starts over again. Mr. Sasak thanked Mr. Hartt. This is another tool in the City's toolbox, and can be useful especially for a "mature" city. Mr. Carr suggested that if anyone has questions, they should be forwarded to him before the third reading. Mayor Costabile also thanked Mr. Hartt. There was a lot of work done between Mr. Hartt and Mr. Carr. This zoning district would help developers and the City to help rejuvenate the City. Mr. Kobunski asked if any developers have approached the City about this type of district. Mayor Costabile said there is interest. It can give creative opportunities to the City. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The ordinance is placed on first reading.
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Mr. Mercurio, seconded by Mr. Kobunski, moved to add a motion to the agenda to advertise for a mid-size sport utility vehicle of the Service Department. All in favor, motion carried.
Mr. Sasak, seconded by Mrs. Finney, moved to approve the above stated motion. Mr. Tribby explained that the Service Department wants to replace the vehicle used by the traffic division. It is a 2000 model year. Mayor Costabile added that this continues the process of making sure vehicles are safe and that the City can still get value for old ones. All in favor, motion carried.
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Mr. Kobunski, seconded by Mr. DiCicco, moved to add a motion to the agenda to reject the salt bids and readvertise. All in favor, motion carried.
Mr. Sasak, seconded by Mr. Kobunski, moved to approve the above motion. Mayor Costabile explained that the City feels it can get a better rate by readvertising. Three bids were received and seemed to be on the high side. Mr. Ballistrea asked if the companies would bid again. Mayor Costabile replied it is possible they might not, but he does not think so. All in favor, motion carried.
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Mr. Mercurio, seconded by Mrs. Finney, moved to recess the regularly scheduled Council meetings of July and August. All in favor, motion carried.
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There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 9:00 P.M.
Approved: Respectfully submitted,
Michael Ballistrea Lisa A. Benedetti, MMC
Council President Deputy Clerk of Council