CITY OF MAYFIELD HEIGHTS
COUNCIL MEETING MINUTES
June 28, 2010
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. Joe Mercurio, Mr. David Sasak,
Mrs. Diane Snider.
ABSENT: None.
Also present were Mayor Gregory Costabile, Law Director Leonard Carr, Director of Finance/Clerk of Council Robert Tribby and Deputy Clerk of Council Lisa Benedetti.
The Pledge of Allegiance was said.
Mr. Kobunski moved to suspend reading of the Council minutes of June 14, 2010, and approve as written, seconded by Mr. Mercurio. All in favor, except Mrs. Snider who abstained as she was absent from the meeting, motion carried. Minutes approved.
CORRESPONDENCE AND ANNOUNCEMENTS:
Mrs. Snider reported the Hillcrest 100 Club would be holding a senior carnival on July 31, 2010 at the Gates Mills Club. It is a charity event. She distributed fliers.
Mr. Ballistrea stated he had a piece of legislation that he is referring to the Legislative Committee and he would like it to be expedited.
REPORTS OF OFFICERS:
Mayor Costabile: The enhancements continue along I-271 and Mayfield Road with mulching and additional flowers. There will also be various designs of stamping in the concrete median and this will add to the beautification.
The annual road program is moving along. This year the City will try to have the contractor complete one street at a time instead of having several streets under construction for longer periods of time. The shorter time should be more convenient for the residents.
Work on the bocce pavilion, which was previously approved, should begin in July.
There is legislation on the agenda for the funding setup for the SWIF grant.
The City is still expecting to have applications available from the County in August to apply for the County grant for energy audit work with the grants to be awarded in December. The City is optimistic about receiving a grant. There is also Federal EPA money available for energy conservation that the City, with the help of the City's lobbyist, will try to obtain.
The Recreation Department events are in full swing. The City is proud to still be able to offer both community days and the parade. The Community Unity Days brochure will be sent to all residents. Gold Residents (50+ years) will be honored again this year with 16 new members.
The Cuyahoga County Mayors and Managers have appointed the Mayor to be their representative on a commission, which will help regulate and create new rules for the Ohio Department of Natural Resources pertaining to oil and gas well drilling. Some amendments were made to the law recently, which addressed some concerns. This commission will continue to address the safety concerns, which include proper communication, education and enforcement. No meetings have yet been scheduled.
Mr. Sasak stated that back in April money was appropriated for security cameras in the parks. He asked the status of these cameras. Mayor Costabile reported that the cameras are installed. The company is now working on the live feed for them.
Mr. Kobunski asked if there was any funding available to paint the freeway bridges to enhance the new look. The Mayor stated that item was investigated before the project started by the City's former engineer. At the time it did not make sense to do anything, as there were various issues to consider. However, the matter is still a possibility, just not at this time.
Mrs. Finney asked about the status of the grant money the City applied for the tennis courts. The Mayor replied that the money is still at the State and is part of the State capital bill. The City applied for this funding and a decision was supposed to be made in June, but the State has postponed that decision due to the State fiscal problems. The City may do some basic maintenance work on the courts to make them safer in the meantime and is hoping to be reimbursed from the grant for any costs incurred.
Mrs. Finney stated that she has heard from some people that the new pedestrian signs on Marsol are not as effective as the old signs. Mayor Costabile stated that the City has talked with traffic experts about the best way to sign that area before purchasing the new signs. He would be happy to speak to anyone with regards to this matter. Mr. Kobunski added that he believes the flashing lights on the signs draws the motorist attention.
Director of Law Carr: Resolution No. 2010-45 is a variance request and Ordinance No. 2010-14 is a code change. Both pertain to farmers markets. It is his opinion that both Mr. Ballistrea and Mrs. Snider can vote on these because neither has been directly requested by the hospital.
Director of Finance Tribby: No report.
REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:
Building Committee: Mr. Kobunski asked for an update on the SOM Center circle gas station. Mayor Costabile stated the owners are still waiting for the beer and wine permit. Mr. Kobunski asked if there were any time restraints for vacant property. The Mayor stated that concerns about vacant property are for safety issues, but this owner is trying to improve the property and the City is trying to work with him.
Finance and Audit Committee: Mr. Mercurio reported there are several items on the agenda.
Legislative Committee: Mr. Sasak reported on the meeting held May 23, 2010. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. Ordinance No. 2010-14 came out of this committee and is recommended for adoption.
Public Works and Services Committee: No report.
Recreation and Parks Committee: Mr. DiCicco reported on the meeting held June 22, 2010. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. Events coming up are several Movies in the Park and a family campout on July 16, 2010.
Safety and Transportation Committee: No report.
Board of Zoning Appeals: Mr. DiCicco reported on the meeting held June 15, 2010. 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 reported the Commission is on summer recess. He acknowledged the fact that Eileen Adornetti, the Human Services Director, is retiring and congratulated her. Mayor Costabile added that Ms. Adornetti has been with the City for 25 years, 21 years as the Human Services Director and she has been the only one in that position. He thanked her for reaching out to the seniors and the community. Mr. Ballistrea thanked her for her help over the years.
Planning Commission: No report.
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PUBLIC COMMENT:
Donita Anderson, North Union Farmers Market, 13212 Shaker Square, stated Resolution No. 2010-45 is on the agenda for consideration this evening. The farmers market started 16 years ago. They are considering starting a market in the City. The mission is to champion local foods. They support small farmers and bring healthy food to the urban residents. There are seven markets in Cuyahoga County. These markets also boost local economies. This proposed market will serve the area, staff at the hospital and bring people from other areas as well.
Barbara Kelly, 6557 Kingswood, stated that she wanted to make people aware that they can be cited for having a plastic cover over a license plate. She was cited by Cleveland Heights Police for this matter and it cost $130. She did nothing else wrong that the police officer could cite her for.
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RESOLUTION NO. 2010-44: "A Resolution adopting the Alternative Tax Budget Information format for the City of Mayfield Heights, State of Ohio, for the fiscal year 2011." Mr. Carr read the resolution by title only. Mrs. Snider moved for suspension of the rules, seconded by Mr. Kobunski. 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. DiCicco. Mr. Ballistrea stated a memo was received from Mr. Tribby and Council heard from Mr. Mercurio on the subject. Mr. Tribby added that the Charter millage was first put in place in 1951 when the Charter went into effect. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
Council deviated from the agenda to address Ordinance No. 2010-14 before Resolution No. 2010-45 at the request of the Law Director, as both pertain to farmers markets.
ORDINANCE NO. 2010-14: "An Ordinance amending Chapter 779 by enacting Section 779.03 of the Codified Ordinances of the City of Mayfield Heights, Ohio pertaining to street sales." 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: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. Mr. Sasak moved for adoption, seconded by Mrs. Snider. Mr. Ballistrea stated that minutes from the Legislative Committee meeting were distributed to all members. Mr. Sasak pointed out that while the days of the week that are preferred are Saturdays and Sundays, the Planning Commission can allow other days at the request of an applicant. Mr. Carr clarified that the ordinance language is only to allow markets on Saturdays and Sundays and the Planning Commission can deviate from the language and allow sales on other days. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. The ordinance is adopted.
RESOLUTION NO. 2010-45: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Donita Anderson, on behalf of North Union Farmer's Market, a request for a variance to conduct outdoor sales re: an outdoor market in the parking lot of the Hillcrest Hospital North Campus on Thursdays between July 29, 2010 and September 30, 2010 at the property located at 6777 Mayfield Road, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mrs. Finney moved for suspension of the rules, seconded by Mr. DiCicco. Roll Call on motion as stated: AYES: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. Mr. Sasak moved for adoption, seconded by Mrs. Snider. Mr. Ballistrea stated that the minutes of the Board of Zoning Appeals were sent to all members. Mrs. Finney urged Council to vote against this and go through the proper channels of the ordinance that was just adopted. A lot of work went into creating the ordinance. Mr. Ballistrea reminded Council that if they agree with the decision of the BZA, they should vote yes and if they disagree, they should vote no. Five no votes are needed to overturn a BZA decision. Roll Call on motion as stated: AYES: Ballistrea. NAYS: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider. Vote 1-6. Motion defeated. The resolution was overturned and the variance denied.
RESOLUTION NO. 2010-46: "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Travis & Wendy Slaughter a request for a six foot variance to widen the existing 21' driveway on the left side, at the property located at 6629 Vallevista Drive, Mayfield Heights, Ohio." Mr. Carr read the resolution by title only. Mr. Sasak moved for suspension of the rules, seconded by Mr. Mercurio. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. Mr. Kobunski moved for adoption, seconded by Mrs. Snider. Mr. Ballistrea stated the minutes of the BZA were sent to all members. He did not really understand what the rationale was for the denial when so many of these variances have been granted in the past. Mr. DiCicco explained that the discussion focused on hardship. It was felt that just having to move cars around was not enough to be considered a hardship. Mrs. Finney commented that she drove by and thought it looked like there was plenty of room for a variance. Mr. Ballistrea said there was room, but that was not the issue. Mr. Sasak mentioned that situations in the past for these types of variances showed a hardship and hazards, such as being close to an intersection. Mrs. Snider stated that she spoke with the applicant who stated that she is sometimes on call and these calls were usually in the middle of the night. With her husband and son's work schedule it is not easy moving cars around. Mrs. Snider views it as a safety issue in that the woman would not have to be getting into her car in the driveway instead of in the safety of an attached garage. Mr. Carr added that this goes back to the types of variances, practical versus hardship. This seems to be more of a practical difficulty, which is a lesser difficulty than a hardship. He believes that very few of these driveway variances have been denied. Mr. Ballistrea reminded Council that if they agree with the decision of the BZA, they should vote yes and if they disagree, they should vote no. Five no votes are needed to overturn a BZA decision. Roll Call on motion as stated: AYES: DiCicco, Sasak, Mercurio. NAYS: Snider, Finney, Kobunski, Ballistrea. Vote 3-4. Motion carried. The resolution is adopted.
RESOLUTION NO. 2010-47: "A Resolution authorizing the Director of Finance to advance funds in accordance with amounts listed in Ordinance Nos. 2010-5, 2010-9 and 2010-13." Mr. Carr read the resolution by title only. Mr. Kobunski moved for suspension of the rules, seconded by Mrs. Snider. 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. Tribby stated there would be an appropriation made for the Block Grant. Funds have to be advanced temporarily and then when the money is received from the grant the money is moved back. This is just a housekeeping matter per the law. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2010-48: "A Resolution accepting the proposal of TAC Computer, Inc. to act as the City's computer consultant for the Police Department." 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: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mr. Kobunski. Mr. Ballistrea asked if there were any increase in fees. Mr. Tribby replied there was only a $50 increase. Mayor Costabile added that was for a storage device. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2010-49: "A Resolution accepting the quotation provided by Skoda Minotti Technology Services for an information technology infrastructure upgrade." 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: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. Mr. DiCicco moved for adoption, seconded by Mr. Mercurio. Mr. Ballistrea stated a memo was received from Mr. Tribby. Improvements are needed for the whole complex. Council received a copy of the entire quote. Mayor Costabile explained that this was a result of the IT/Telecommunications audit done earlier this year. It covers new servers, which are urgently needed, disaster recovery and backups. Other quotes were reviewed and these were deemed to be good. These improvements will help the staff to be more efficient. Mr. Sasak asked what the service on the servers would be. Tim Heikkila and Jeff Beller from Skoda and Minotti spoke. Mr. Heikkila stated that the life of typical hardware is up to five years depending on the applications used on them. Mr. DiCicco asked what the time frame for completion of the installation would be. Mr. Beller stated it can be turned around quickly in a couple of weeks. The City Hall server needs to be replaced immediately. Mr. Carr added that he has recommended there be a confidentiality agreement due to the nature of the information. He has not yet received it. Mr. Beller stated they would get it to him immediately, as the company has no problem with that matter. Mayor Costabile clarified that the agreement of which Mr. Carr inquired is part of the monthly maintenance contract previously approved by Council. This matter is for equipment purchase and installation. Roll Call on motion as stated: AYES: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
Mr. DiCicco, seconded by Mr. Mercurio, moved to add Resolution No. 2010-50 to the agenda. All in favor, motion carried.
RESOLUTION NO. 2010-50: "A Resolution requesting approval from Auditor of State to establish an Ohio EPA SWIF Grant Special Revenue Fund. Mr. Carr read the resolution by title only. Mr. Kobunski moved for suspension of the rules, seconded by Mr. Mercurio. 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 Mr. DiCicco. Mr. Tribby explained that this is the first step of three parts to creating a special revenue fund. 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. 2010-13: "An Ordinance amending Ordinance Nos. 2010-5 and 2010-9 the appropriation expenditures of the City of Mayfield Heights, State of Ohio, for the fiscal year ending December 31, 2010." Mr. Carr read the ordinance by title only. Mrs. Snider moved for suspension of the rules, seconded by Mr. DiCicco. Roll Call on motion as stated: AYES: Kobunski, Snider, Finney, Mercurio, DiCicco, Sasak, Ballistrea. NAYS: None. Motion carried. Mr. Kobunski moved for adoption, seconded by Mr. Mercurio. 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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Mrs. Snider, 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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Mr. Sasak stated that as Mr. Ballistrea requested a Legislative Committee meeting be held, it would be scheduled in the next 7-10 days.
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There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 8:35 P.M.
Approved: Respectfully submitted,
Michael Ballistrea Lisa A. Benedetti, MMC
Council President Deputy Clerk of Council