CITY OF MAYFIELD HEIGHTS
COUNCIL MEETING MINUTES
November 22, 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. Sasak, seconded by Mr. Kobunski, moved to hold an Executive Session for personnel matters after the regular business of Council. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried.
Mr. Mercurio moved to suspend reading of the Council minutes of November 8, 2010, and approve as written, seconded by Mrs. Finney. All in favor, motion carried. Minutes approved.
CORRESPONDENCE AND ANNOUNCEMENTS:
Mr. Sasak stated that after the article appeared in the Sun Messenger about the Lyndhurst moratorium on sewer rate increases, he received calls asking if Council and the Administration were moving on that matter also. Mayor Costabile replied that there are a number of processes that the Northeast Ohio Sewer District is going through regarding the proposed rate increases, including meetings, some of which the Cuyahoga Mayor and Managers Association has been involved in. The sewer district is bound by law to do certain procedures, so he suggested Council consult the Law Department on this matter, before initiating something.
Mrs. Finney thanked the Mayor for the additional funding for the CERT program that allowed the purchase of 25 more kits.
Mr. Ballistrea announced that the Mayor sent a memo regarding the hiring of the new Director of Human Resources, Lorna Zeller.
REPORTS OF OFFICERS:
Mayor Costabile: Lorna Zeller was appointed Director of Human Resources starting November 15, 2010. The hiring process was very involved with a lot of good applicants. The Mayor is pleased to have Mrs. Zeller join the City. We are fortunate to have dedicated and professional employees at City Hall. A positive work environment results in greater benefits and service to the entire City.
Resolution No. 2010-72 pertains to employee health insurance with Cigna Insurance. The Mayor is proud that the City has been able to match and exceed the benefits while limiting the expenses to the City. The increase is only 7% and he encourages Council to approve the contract. He thanked the Fedeli Group for its efforts. Meetings were held with the Employee Health Care Committee and with all employees to explain the changes and there has been a favorable response.
The trauma center is due to close at Huron Hospital. The Mayor is pleased with the relationship the City has with Hillcrest Hospital and based upon his multiple meetings with Hillcrest Hospital officials he feels confident there will not be any negative affect in the Hillcrest area with the level of service.
The grand opening of the new sections of the hospital is Friday. He congratulated the Building, Police, Fire and Engineering departments for their work on this very large and important project. We should all be very proud to have a hospital of this stature and state of the art medical services in our community.
The Mayor met with Senator Patton, District 24, regarding the status of the City’s Capital Bill grant. Applications were submitted in February, but the senator does not believe any decision will be made until the second or third quarter of 2011.
The Fire Department completed a chest pain accreditation and the Police Department is completing its ethnic diversity training and CPR. The Police Department is working on a $30,000 grant.
The Holiday Lighting Ceremony will be held Sunday, November 28, 2010. It is co-sponsored by the City and the Mayor’s Community Council. It is a great community event and everyone is invited.
Mayor Costabile wished everyone a Happy Thanksgiving.
Mr. Kobunski commented that now that the construction is completed at the hospital, will the RTA buses be moving off of SOM Center Road as their layover. The Mayor replied that the City would like to try to get them to another location near Eastgate, although it seems to be working now from a safety stand point. That will be addressed in the future.
Mr. Kobunski asked if the guard rail that was damaged on Marsol Road under the freeway overpass from when the truck went down the embankment could be fixed. The one side was replaced, but not both. Mayor Costabile thanked Mr. Kobunski for bringing to his attention. He stated he would check on the matter although he has not received any reports of any safety issues. If Mr. Kobunski has safety concerns he should contact the Mayor immediately instead of waiting to advise at a council meeting.
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: No report.
Legislative Committee: No report.
Public Works and Services Committee: No report.
Recreation and Parks Committee: Mr. DiCicco thanked Danny Vegh’s for holding the annual night out on November 17, 2010. The kids had a good time. The Men’s Fall Bocce League is completed and there were 10 teams. Leagues will start again in May. Santa Breakfast tickets are on sale.
Safety and Transportation Committee: No report.
Board of Zoning Appeals: Mr. DiCicco reported on the meeting held November 15, 2010. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. There are two items on the agenda this evening.
Commission on Aging: Mr. Ballistrea stated the next meeting would be held December 7, 2010.
Planning Commission: Mr. Sasak reported on the meeting held November 15, 2010. Copies of the minutes of the meeting were mailed to all members and are a part of the permanent record. There are three items on the agenda.
----------------------------------------------------------------------------------------------------------------------
PUBLIC COMMENT:
Larry Ottino, 6036 Mayfield Road, regarding the Dollar Bank request for a smaller secondary sign. This was at the suggestion of Mr. DiCicco after the first variance request was denied.
Jack Harnick, Accel Sign Group, Pittsburgh and Jeff Smith, Vice President for Dollar Bank were in attendance. Mr. Harnick stated they did reduce the sign size by 20%. It is the same type of sign. Their arguments are the same; they need the identity, they are within the permitted signage, but there is not a second customer entrance, which is why there is a need for a variance. They are the only tenant in that shopping center that does not have a sign facing the parking lot. They believe they are losing customers. This is only the third variance he has had to request in the 18 years he has been working for the bank, so he feels it is not a frivolous request.
Jeff Smith stated that they take pride in working with municipalities and worked with the Mayfield Heights Building Department. Cleveland is a major growth area, but they have not seen the growth at the Mayfield Heights branch. They believe the signage will help. They are asking Council to help correct the situation.
Wayne Repko, GPD Association, representing East Point, stated that approximation 57 parking spaces are needed for the expansion. This would be along the northern side of the property abutting Woodhawk. There are no changes from the preliminary site plan.
Mike Roperik, Indiana, representing Advance Auto Parts, stated that they would like to put up a sign with the trademark colors. He reviewed the current colors at the three sections of the shopping center and other area shopping centers with various colors. Other shopping centers have signs with accent colors. Where Advance Auto will be locating, which is where Blockbuster used to be, there is a black background with white letters allowed. Mr. Roperik stated he had a letter from the landlord approving the request. The yellow color is part of the federally registered trademark. Typically the building for Advance Auto is red panels with the yellow letters, but they did not ask for that, as they felt it was too much. He fees the yellow color would work.
----------------------------------------------------------------------------------------------------------------------
RESOLUTION NO. 2010-70: “A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Advance Auto Parts, a variance to place a yellow identification sign on the building located at 6383 Mayfield Road, Mayfield Heights, Ohio.†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: Snider, DiCicco, Sasak, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mr. DiCicco. Mr. Ballistrea stated this was an unanimous denial. Council and the Administration have worked hard through the years to standardize signage. The code is for contiguous shopping centers, with a continuous marquee, so other centers could have different colors, as there are different marquees.
Mr. DiCicco explained there are three separate buildings in that shopping plaza and each façade was taken separately. That section of the shopping plaza just changed its colors before Blockbuster closed. Roll Call on motion as stated: AYES: Sasak, Kobunski, DiCicco, Finney, Mercurio, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
RESOLUTION NO. 2010-71: “A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Dollar Bank, a request for a variance to place a 36.38 square foot secondary identification sign on the north elevation on the building located at 1283 SOM Center Road, Mayfield Heights, Ohio.†Mr. Carr read the resolution by title only. Mr. Kobunski moved for suspension of the rules, seconded by Mr. Sasak. Roll Call on motion as stated: AYES: Mercurio, Sasak, Kobunski, Snider, DiCicco, Finney, Ballistrea. NAYS: None. Motion carried. Mrs. Snider moved for adoption, seconded by Mr. Mercurio. Mr. Ballistrea mentioned that at the last Council meeting, Council members had alluded to allowing the variance if the size of the sign was reduced and the applicant reduced it by 20%. He visited the property and feels there is an inherent and practical difficulty. Making a left turn is prohibited when a person might finally see the sign on the front of the building traveling southbound on SOM Center Rd. Council had previously overturned a BZA decision for a similar request for Rite Aid. Mr. DiCicco commented that he did change his
opinion on the variance with this smaller request and in considering that Rite Aid was granted a similar request. Mr. Sasak referred to another similar request by a deli food store at Mayland on Mayfield Road that was denied and the owner had to use only the allowed six feet.
Mr. Kobunski asked Mr. Rothenberg to comment. Jerry Rothenberg, 6590 Gates Mills Blvd., a member of the BZA, stated that he felt the sign is visible from SOM Center Road. He sat in the parking lot and felt people knew the bank was there. He does not feel the additional signage request is necessary and he had voted against the Rite Aid variance.
Roll Call on motion as stated: AYES: Sasak. NAYS: Kobunski, Snider, Finney, Mercurio, DiCicco, Ballistrea. Vote 1-6. Motion defeated. The resolution is overturned and the variance granted.
RESOLUTION NO. 2010-72: “A Resolution accepting a quotation for medical and prescription group health insurance (CIGNA HealthCare).†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: DiCicco, Mercurio, Sasak, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. Mr. Kobunski moved for adoption, seconded by Mrs. Finney. Mr. Ballistrea stated memos were received from Mr. Tribby and the Mayor along with the three proposals. Mr. Sasak mentioned that Council also received an email from the Human Resources Director detailing the cost to the employees. He asked how the new costs compared to the old costs. Mayor Costabile replied that a formula was included in the union contracts that maintains a percentage of the total cost to the City for the three year period of the contracts. HSA participants have a slightly lower premium. Mr. Ballistrea added that the cost is significantly less than what most employees pay with other companies. Mr. Carr stated that he advised Mrs. Snider that she can vote even though her husband is a police officer and participates in the health insurance plan. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Sasak, DiCicco, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
----------------------------------------------------------------------------------------------------------------------
Mrs. Snider, seconded by Mr. Kobunski, moved to confirm the decision of the Planning Commission approving the final site plan for 57 additional parking spaces throughout the lot for Eastpoint I & II at 6085-6095 Parkland Boulevard. Mr. Ballistrea mentioned that there are no changes. All in favor, motion carried.
----------------------------------------------------------------------------------------------------------------------
Mr. DiCicco, seconded by Mr. Mercurio, moved to confirm the decision of the Planning Commission approving a temporary enclosure surrounding the existing patio for Panini’s at 6289 Mayfield Road. Mr. Ballistrea inquired if there was any question regarding the open ends for a smoking structure per state guidelines. He did not see any reference to that this time. Mr. Sasak replied that Panini’s will be compliant with state mandates. All in favor, motion carried.
----------------------------------------------------------------------------------------------------------------------
Mrs. Finney, seconded by Mr. Dicicco, moved to confirm the decision of the Planning Commission approving a preliminary site plan for the parking lot reconfiguration, site improvements and building additions at Mayfield Middle School, 1123 SOM Center Road. Mr. Ballistrea stated there were concerns from the City’s Traffic Engineer and asked if these would be addressed before the final site plan was presented. He would like to have it in writing from the traffic engineer that those have been addressed. Mayor Costabile replied that most of the traffic engineer’s concerns were addressed before the meeting so those should already be resolved. All in favor, motion carried.
----------------------------------------------------------------------------------------------------------------------
There being no further business to come before Council, Mr. Ballistrea recessed the meeting at 8:20 P.M. Council went into Executive Session at 8:30 P.M., reconvened at 10:25 P.M. and adjourned at 10:26 P.M.
Approved: Respectfully submitted,
Michael Ballistrea Lisa A. Benedetti, MMC
Council President Deputy Clerk of Council