CITY OF MAYFIELD HEIGHTS
COUNCIL MEETING MINUTES
The 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. Joe Mercurio, Mr. Nino Monaco, 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. DiCicco moved to suspend reading of the Council minutes of September 12, 2011, and approve as written, seconded by Mr. Mercurio. All in favor, motion carried. Minutes approved.
CORRESPONDENCE AND ANNOUNCEMENTS: None.
REPORTS OF OFFICERS:
Mayor Costabile: The Mayor encouraged everyone to go to the City’s website to register for the Code Red program. There is an icon on the homepage. This program will allow the City to relay critical information to residents and businesses telephonically. It is easy to register and residents can enter different numbers or means of being reached for these messages. Registration can also be done by calling City Hall and using extension 407.
The Mayor spoke at the Lander Elementary School for Constitution Day on September 17, 2011. He has met with the new principal, Jeff Legan, who is doing a great job.
Regarding economic development, the Ferro Corp will be moving employees into its new location in October; DiBella’s has started construction; Sonic should be completed by December; Golden Gate Shopping Center is finishing its parking lot project.
With the record rainfall this year there have been some problems with flooding issues in certain parts of the City. All City departments and the County are involved to assist the residents.
Federal EPA representatives will visit Mayfield Heights to look at the SWIF project, which was the rain garden, permeable concrete, tree stands, and bioswales to improve storm water management in an environmentally friendly manner in the parking lots.
New Neighborhood Block Watch signs are being installed. There are monthly meetings for this program. Currently there are approximately 30-40 streets participating out of 100 streets in the City. There is information on the website or Detective Joe Leskovec who runs the program can be contacted.
Fire training will be started this week using the school board property on SOM Center Road that was recently purchased. There will be no live fire or disruption of traffic.
Fire hydrants are being tested.
Mr. Kobunski commented that he noticed that the Sunoco station on SOM Circle is now open.
Mr. Ballistrea stated that he attended the Hillcrest Council of Councils meeting on Saturday. Highland Heights Police Chief Cook gave a presentation on the Code Red program. Many municipalities have similar programs and there will be some future discussion on having regional notifications so people in an area are aware of things, like road construction etc.
Director of Law Carr: No report.
Director of Finance Tribby: No report.
REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS:
Mr. Ballistrea reported that he has assigned Mr. Monaco as chair of the Legislative Committee until the end of the year.
Building Committee: No report.
Finance and Audit Committee: Mr. Mercurio reported that the committee met today regarding several matters. One was the County grant the City was awarded for the energy conservation projects such as lighting at the community center and other City departments, as well as some HVAC upgrades. URS will prepare specifications for bids for the portions that were approved for grant money. A motion will need to be added to the agenda to authorize URS to advertise for bids for an amount not to exceed $436,900. Under HB300 criteria other projects could qualify and Brewer Garrett was asked to update the original audit and those were also reviewed. There was very little change and those items may be addressed at the next Council meeting.
A request for four new 2012 police vehicles was also reviewed and the committee recommends the purchase of these vehicles. This is part of the regular vehicle rotation. Ex. Lt. Ondercin pointed out that if the City orders these vehicles early it would be at the 2011 price and the vehicles would arrive early in the new year. This item may also be on the next Council agenda.
Legislative Committee: No report.
Public Works and Services Committee: No report.
Recreation and Parks Committee: Mr. DiCicco reported there were several events coming up:
10/29 Halloween Party
10/3 Registration for Little Bitty Jumpers
10/22 Clam Bake
Bus trips
The next meeting is scheduled for September 27, 2011.
Safety and Transportation Committee: No report.
Board of Zoning Appeals: Mr. DiCicco reported on the meeting of September 13, 2011. 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 this evening.
Commission on Aging: Mr. Ballistrea stated the next meeting is October 4, 2011.
Planning Commission: Mrs. Snider reported the meeting of September 19, 2011 was cancelled due to lack of an agenda.
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Mr. Mercurio, seconded by Mrs. Finney, moved to deviate from the agenda. All in favor, motion carried.
RESOLUTION NO. 2011-47: “A Resolution commending Fire Chief Michael J. Forte upon his retirement from the Fire Department of the City of Mayfield Heights.†Mr. Carr read the resolution by title only. Mr. Kobunski moved for suspension of the rules, seconded by Mr. Monaco. Roll Call on motion as stated: AYES: Finney, Mercurio, Snider, Kobunski, Monaco, DiCicco, Ballistrea. NAYS: None. Motion carried. Mrs. Snider moved for adoption, seconded by Mr. DiCicco. Roll Call on motion as stated: AYES: Snider, DiCicco, Monaco, Mercurio, Finney, Kobunski, Ballistrea. NAYS: None. Motion carried. Mayor Costabile read the resolution in its entirety. Chief Forte was congratulated. Chief Forte stated it was a privilege and an honor to work for the City and he thanked all the firefighters and everyone. Mr. Ballistrea also congratulated him on behalf of Council for a job well done. The resolution is adopted.
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PUBLIC COMMENT:
Geno Manfredi, 6292 Ridgebury Blvd., commented on police procedures. He explained that his wife was struck by a baseball at the City Park near the bocce courts and when he called to ask the Police to come make a report he was told that they did not do that. A picnic table also fell on his wife in a second incident. Mr. Manfredi does not feel that this procedure is correct, as he could have made claims against the City and a report would help protect the City.
He also heard that the ODOT yard in Mayfield Village would be closed and moved to Euclid. He feels this closure would affect the City as ODOT handles the salting of the freeway.
Mr. Manfredi was also here on behalf of Mr. Puletti who was granted a variance for a front porch and that resolution is on the agenda this evening.
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RESOLUTION NO. 2011-48: “A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in denying to Paul and Karen Caristo a variance to add a 20’ x 12’ asphalt parking area adjacent to the garage and to widen the driveway four feet in the rear yard at the property located at 1536 Lander Road in the City of Mayfield Heights.†Mr. Carr read the resolution by title only. Mr. Ballistrea stated the applicant sent an email asking that this request be withdrawn. The resolution is withdrawn.
RESOLUTION NO. 2011-49: “A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in permitting Pyramid Air to use and provide an Airsoft Shooting Range at its building in a U-4 District located at 1413-E Golden Gate Boulevard in the City of Mayfield Heights.†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: Monaco, Kobunski, DiCicco, Mercurio, Snider, Ballistrea. NAYS: None. Mrs. Finney abstained as she has a personal relationship with the property owner. Mr. Monaco asked the Law Director if he should also abstain as he has a business and personal relationship with the property owner. Mr. Carr replied that if Mr. Monaco felt that he would be compromised based upon his relationship with the property owner, Howard Sonenstein, as Mrs. Finney has also stated her personal relationship with this owner limits her ability to comment, it would be a proper abstention. Mr. Monaco changed his vote to abstain. Vote 5-0. Motion failed. Mr. DiCicco moved to place the resolution on first reading, seconded by Mr. Mercurio. Roll Call on motion as stated: AYES: Mercurio, Kobunski, Snider, DiCicco, Ballistrea. NAYS: None. Mr. Monaco and Mrs. Finney abstained for the reasons stated above. Vote 5-0. Motion carried. The resolution is placed on first reading.
RESOLUTION NO. 2011-50: “A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Gino Puletti, a three foot variance to construct a front porch eight feet from the front wall of the dwelling located at 1263 Summit Drive in the City of Mayfield Heights.†Mr. Carr read the resolution by title only. Mr. Kobunski moved for suspension of the rules, seconded by Mrs. Finney. Roll Call on motion as stated: AYES: Kobunski, Snider, Finney, Mercurio, DiCicco, Monaco, Ballistrea. NAYS: None. Motion carried. Mrs. Snider moved for adoption, seconded by Mrs. Finney. Mr. Ballistrea stated the BZA vote was not unanimous. The variance was for 3’ because the porch would be 8’ instead of the allowed 5’ from the front of the house. According to the minutes, he thinks there would still be a setback variance needed since the drawing shows it is 30’ and not the required 35’ setback. Mr. DiCicco explained that issue was discussed during the meeting and he believes the consensus was that the 3’ difference in the porch size and the 5’ setback would be considered as one variance even if it is not specifically stated as such. Mr. Ballistrea clarified then that it was implied in this variance according to what Mr. Jamieson had said about the drawing showing a 30’ setback. Mr. DiCicco said that was correct. Mr. Ballistrea also commented that it was pointed out that this house sits closer to the street than others on the street. Mr. DiCicco added that was one of the issues that this was also dealing with all of the different setbacks on the street. He was not sure if the applicant was going to submit another drawing.
Mr. Manfredi explained that the difference is that the steps for the porch are on the side, not the front of the porch. That would have made the difference of 5’, therefore it is only 3’. Mr. DiCicco added that the 30’ was discussed as being an extra variance and a variance for the size of the porch from the front of the house. Mr. Monaco stated that the specific requirement of the code allows for 5’ from the front of the house, not 8’. The distance of 30’ may be correct, he did not measure that. Mr. Ballistrea stated his concern is with the fact that if the resolution is approved as stated is the applicant in violation of a setback of 5’ according to the drawing. He asked if the resolution could be modified to reflect the 5’ setback variance, especially if the BZA members were okay with it. Mr. DiCicco stated he had no problem with that because again it was discussed and approved with both the setback and patio size. Mrs. Finney asked who measured the setback. Mr. DiCicco replied it was on the drawing. Mr. Monaco commented that he visited the property today and the adjacent home also has an enclosed porch that also seems to be encroaching on the setback. Mr. Ballistrea wondered if this might have been the source of Mr. Rothenberg and Mr. Kramer’s vote against it. Mr. DiCicco explained that he believed they were going strictly by the code. There were quite a few different setbacks on that street. Mr. Ballistrea asked that the resolution be modified to include language for a 5’ front setback to be part of the variance. Mr. Mercurio, seconded by Mr. Kobunski, moved to modify the resolution as stated. All in favor, motion carried. Roll Call on motion as stated: AYES: DiCicco, Mercurio, Monaco, Kobunski, Finney, Snider, Ballistrea. NAYS: None. Motion carried. The resolution is adopted.
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Mrs. Finney, seconded by Mrs. Snider moved to authorize payment of $16,500 to Universal Oil, Inc. for gasoline for various departments. All in favor, motion carried.
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Mr. Mercurio, seconded by Mr. DiCicco, moved to add a motion to the agenda to authorize URS Corp, the City’s Consulting Engineers, to prepare specifications for the various projects to be financed by a grant from Cuyahoga County, under its Municipal Energy Program (MEP) Grant, in the amount not to exceed $436,900. All in favor, motion carried.
Mr. Kobunski, seconded by Mrs. Snider, moved to approve the above motion. Mr. Ballistrea asked if the City would receive the money in parts as the project is done. Mayor Costabile explained that this motion is just to allow the City to advertise for bids. The City remains in conversation with the County to amend the contract for the grant. There is a grant award in the amount of $436,900. The question is if the matching amount of 20% will be on the $436,900, which would be approximately $87,000 or if the City can do additional energy conservation projects under HB300 and use that in lieu of this matching amount. Regardless, the City will be getting all of the capital improvement projects it wants and only paying 20% of it. At best, the City will receive all of it and continue to apply those dollars to additional conservation programs that we are looking at as stated by Mr. Mercurio. He urged Council to approve this motion so that the project can get started. Mr. Ballistrea commented that he thought that originally the matching amount was $300,000 so the amount of $87,000 is much better. All in favor, motion carried.
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NEW BUSINESS; COMMENTS FROM COUNCIL:
Mr. Monaco reminded residents of a program offered through the County called Help Loan Program for low cost loans for any repairs or improvement for both owner occupied and rental properties. Mr. Ballistrea commented that this program has been mentioned numerous times during Council meetings. Mayor Costabile added that the rental inspections for the year have been completed and those owners have been notified of this loan program, as the City has provided over the years.
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There being no further business to come before Council, Mr. Ballistrea adjourned the meeting at 8:25 P.M.
Approved: Respectfully submitted,
Michael Ballistrea Lisa A. Benedetti, MMC
Council President Deputy Clerk of Council
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