CITY OF HIGHLAND HEIGHTS
MINUTES OF A COUNCIL MEETING
HELD: MARCH 13, 2007
President of Council Murphy presiding.
PRESENT: Mayor Coleman, Councilmen Austin, Dolciato, Hargate, Legan, Mills, Murphy, Pilla; Clerk of Council Buchak; Fire Chief Bencin; Police Chief Cook; Service Director Evans; Building Commissioner Stouffer; City Engineer Blackley; Finance Director Ianiro; Law Director Paluf.
ACTION ON MINUTES: The reading of the Minutes of a Council Meeting held February 27, 2007 was dispensed with. Mr. Legan moved to accept the Minutes as written; seconded by Mr. Pilla. Ayes all; motion carried.
STUDENTS PRESENT AT MEETING: Mr. Hargate introduced six Mayfield High School students who were present observing this meeting for a class project: Lauren West, Joe Fernandez, Mackenzie Schumer, Sveta Vizelman, Chad DiVincenzo, and Ed Hargate.
MOTION TO CHANGE ORDER OF AGENDA TO AJOURN INTO EXECUTIVE SESSION AT BEGINNING OF MEETING: A motion was made by Mr. Mills to change the order of the agenda to adjourn into Executive Session at the beginning of the meeting; seconded by Mr. Pilla. Ayes all; motion carried.
MOTION TO ADJOURN INTO EXECUTIVE SESSION: A motion was made by Mr. Mills to adjourn into Executive Session for the purpose of discussing labor negotiations and employee matters in accordance with Section 4.05 of the Charter of the City of Highland Heights and Section 121.22(g) of the Ohio Revised Code; seconded by Mr. Pilla. Roll call on the motion: Ayes all; motion carried. Council adjourned at 8:02 p.m. and reconvened at 8:30 p.m.
DEPARTMENT HEAD REPORTS:
Fire Chief's Report: Chief Bencin reported the department responded to two fires in the last couple days. Yesterday, there was a house fire on East Inverness Drive, damage was estimated at $300,000 to $350,000. The city fire wall code worked; the fire didn't penetrate into the attached house next door. The attached unit got a little water but the fire wall held. Today they responded to a fire at Philips. One of the roof units caught fire, filling the building with smoke. They evacuated the employees who were outside for 30 to 45 minutes.
Police Chief's Report: Chief Cook reported for the month of February the police department responded to 879 calls for service. They handled 7 motor vehicle accidents with 4 involving injuries which required transport to the hospital. Also, they held 37 prisoners for a total of 1135 hours.
Service Director's Report: Service Director Evans briefed everyone on three programs:
· April will be Recycle your Computer Month. Residents can bring computers and peripherals to the Service Department Monday through Friday from 8 a.m. to 3:30 p.m. The Service Department will pass them along to the Cuyahoga County Solid Waste District for proper handling.
· In cooperation with the County the Household Hazardous Waste Collection will be held April 23rd through May 4th, Monday through Friday, from 8 a.m. to 3:30 p.m. A one day Saturday drop off will be held on May 5th from 9 a.m. to 2 p.m.
· The Brush Collection Program will be extended for an additional week this year. The program has been very popular. That program will run Monday, April 16th through Friday, June 8th. Residents can put branches out as large as 5 inches in diameter in any length. They ask that residents call the Service Department so they can make arrangements for collection. They try to do it by neighborhood and the more communication they can have with the residents, the less the city looks unsightly with tree lawns from one end to the other filled with brush.
Building Commissioner's Report: Building Commissioner Stouffer reported with the new state residential code, they have to make some decisions on which amendments to maintain. Last February Tom Jamieson came up with a book of 35 to 40 pages that contained everything they need to deal with. He will make a copy for anyone who needs one. Council members were provided with copies last year.
This subject will be discussed in a future Committee of the Whole Meeting.
City Engineer's Report: City Engineer Blackley reported a pre-construction meeting is scheduled for tomorrow morning at 9:30 a.m. with Fabrizi Construction to kick off the Colony Road Project. Construction will start at the end of this month or early April and will conclude in the month of September.
Before Council this evening is a proposed resolution, awarding a contract for Phase I of the Park Safety Improvement Project. Martin Enterprises is the lowest and best bidder. Mr. Blackley urged Council to pass that this evening so they make sure they keep that project on schedule and to minimize interference with the summer programs.
Finance Director's Report: No report. Finance Director Ianiro announced the Tax Incentive Review Council Meeting is scheduled for Thursday, March 22nd at 9 a.m. He explained this is an annual meeting for the committee members to review the incentive programs that have been offered by the city to several local businesses. Council will be informed shortly after that meeting as Council will act on recommendations of that Council.
COMMITTEE REPORTS:
Legislative & Finance Committee: Mr. Legan reported L&F is recommending passage of Agenda Item No. 5, the software licensing agreement with RITA. On March 6th the committee discussed projected revenues for 2007 and further discussed the capital improvement fund and expenditures to it. They will do the last meeting for the budget preparation tomorrow, Wednesday, March 14th at 4:30 p.m. Finance Director Ianiro will prepare budget books for all of Council and will distribute them over the weekend. Council will discuss the budget in the Committee of the Whole next week.
Drainage Committee: Mr. Mills reported a meeting was held this evening. They discussed the Colony - Eastlawn Project, rear drains and maintenance of the yards, some stream cleaning, and property maintenance issues and how they will address those issues in the future. They also discussed the storm water management project that they will discuss further at their next meeting as well as the illicit discharge ordinance that was recommended by the City Engineer. The next meeting will be April 24th at 7 p.m.
Planning and Zoning Commission: Mr. Pilla reported in a meeting held March 12, 2007 the following items were discussed:
· Team Energetics Conditioning Systems, 750 Alpha Drive. Request for Conditional Use Permit for Personal Training and Fitness Facility. A public hearing was held. No public person showed up to protest. In the regular meeting they did approve the motion to grant a conditional use permit for the personal training and fitness facility at 750 Alpha Drive.
· Hackers Pub, 5596 Highland Road. Variances for Outdoor Dining. The applicant did not have the drawings so they did not appear. They were asked to come to the next meeting.
Mayfield Area Recreation Council (MARC): Mr. Dolciato reported MBA, the basketball program just concluded last week. The hockey program is still going on. That program was very successful and they actually had to turn people away. Election of officers was held in January. Everyone kept their positions. There is a meeting for spring football (flag football) March 20th and March 31st they will have a clinic which will last six weeks. This program is for 6th, 7th and 8th graders.
Safety & Service Committee: Mr. Hargate reported a meeting was held this evening. They met with the Fire Chief and Police Chief and discussed capital expenditures that have been proposed for 2007. There will be further meetings to discuss these purchases particularly once the budget is presented and approved by city council. Mr. Hargate then scheduled another meeting for Tuesday, March 20th at 7:15 p.m. to discuss some similar expenditures with the Service Director.
Park and Recreation Commission: Mr. Austin recommended approval of Item No. 1 on the agenda, so that they can enter into an agreement with Martin Enterprises and start that project.
Commission on Aging: No report.
Law Director's Report: Law Director Paluf asked Council to add to the agenda a motion to consider the fact finders report as discussed in the Executive Session this evening.
MAYOR'S REPORT: Mayor Coleman reported on two items.
Highland Heights was scheduled to sponsor the regional swim meet this year. It is a one day, all day event where about 3000 people come to the pool. In light of the fact that hopefully Council will pass Item No. 1 this evening, it is probably not a good idea to have 3000 people in our park when it is all torn up. Mayor Coleman has been working with Mayor Rinker from Mayfield Village and Mayor Rinker will allow Highland Heights to host the event at their pool. It will still be our event but hosted at their pool. In exchange he asked that their residents could use our pool on the day of the event which is not a problem. Mayor Coleman stated he was very pleased that they will keep the event in the area.
Another item was Home Days. He thanked Council for their consideration in canceling the Home Days Event from the last weekend in July. He is working with Mr. Dave Ianiro about when to have it. They are targeting July 1st which is a Sunday and they would do it in conjunction with the Movie in the Park. They just want to make sure they can get the other things that they want to bring to the park for that day. It is not set in stone but they are looking for the 1st. Once they do decide the date, and because they did send out the Sizzler with the date for Home Days, he will send a letter to all residents informing them of the change and why they had to do it.
ITEMS TO BE ADDED TO THE AGENDA:
A motion to reject the fact finding recommendation dated March 8, 2007 by Gregory Lavelle regarding the dispatchers, sergeants and patrolmen contracts.
A motion was made by Mr. Legan to add the above item to the agenda; seconded by Mr. Mills. Ayes all; motion carried.
MEETING OPENED TO THE PUBLIC:
Chet Heyduk, 6287 Highland Road, addressed Council regarding several items: He has some extra copies of the AARP bulletin about dirty hospitals and bacterial infections if anyone is interested. He asked if the $634,000 for the sewer project is to be reimbursed. City Engineer Blackley explained that is money that the County Sanitary Engineer has been accruing from charges that he collects on every sewer bill from everyone in the city. It is a fund of money that the Sanitary Engineer maintains that is used for the purposes of operation maintenance and capital improvements. Mr. Heyduk asked how many of the 875 calls the police received were for domestic violence. Chief Cook stated none. Regarding tax abatement, Mr. Heyduk displayed an article from December of 1992 and read a portion of it. He warned that everyone should know there is a dark side to tax abatement and companies shuffle back and forth to get tax abatements. Last issue public education. Mr. Heyduk stated the burden for public education has to come off the backs of property owners, especially the senior citizens.
Joe Tomaro, 533 Bishop Road, thanked the Council members, Service Director, and Building Commissioner for responding yesterday when Davey Tree Company was cutting trees on his private property because the illuminating Co. is installing telephone poles.
Mrs. Murphy advised the City is very concerned about this. The project has been stopped and it will be clarified.
Mayor Coleman advised the city did not receive any notification either and was not aware that was their plan. When he heard that Mr. Tomaro called and he received notice from Mr. Blackley about them doing it, he ordered Mr. Evans to go with the police department and shut the job down. They have contacted First Energy and nothing will happen until the city talks with them. Mr. Tomaro asked to be apprised if the job is continued.
NEW BUSINESS:
MOTION TO REJECT FACT FINDING RECOMMENDATION: A motion was made by Mr. Mills to reject the fact finding recommendation dated March 8, 2007 by Gregory Lavelle regarding the dispatchers, sergeants and patrolmen contracts; seconded by Mr. Legan. Roll call on the motion: Ayes all; motion carried.
ADOPTION OF RESOLUTION 11-2007: Council listened to the First Reading in title only of Proposed Resolution 11-2007 which description is: "A Resolution declaring Martin Enterprises as lowest and best bidder for the Community Park Safety Improvement Project, Phase I, authorizing the Mayor to enter into a contract with Martin Enterprises in an amount not to exceed the sum of Nine Hundred Seventy One Thousand Nine Hundred Fifty Dollars ($971,950.00) and declaring an emergency." Mr. Pilla moved to suspend the Second and Third Readings; seconded by Mr. Mills. Ayes all; motion carried. Mr. Pilla asked if this project needed to be reviewed by the Planning and Zoning Commission. Law Director Paluf stated this is the same proposal that P&Z looked at four years ago, nothing has changed. Mr. Austin moved to adopt; seconded by Mr. Pilla. Ayes all; motion carried.
FIRST READING PROPOSED ORDINANCE 2-2007: Council listened to the First Reading in title only of Proposed Ordinance 2-2007 which description is: "An Ordinance approving the editing and inclusion of certain ordinances as parts of the various component codes of the Codified Ordinances of Highland Heights, Ohio and declaring an emergency."
FIRST READING PROPOSED ORDINANCE 3-2007: Council listened to the First Reading in title only of Proposed Resolution 11-2007 which description is: "An Ordinance establishing compensation for employees of the Recreation Department of the City of Highland Heights, Ohio for 2007, repealing all ordinances inconsistent herewith and declaring an emergency." Council President Murphy referred Proposed Resolution 11-2007 to the L&F Committee for review.
SECOND READING PROPOSED ORDINANCE 1-2007: Council listened to the Second Reading in title only of Proposed Ordinance 1-2007 which description is: "An Ordinance appropriating for current expenses and other expenditures of the City of Highland Heights, Ohio, for the period commencing January 1, 2007 and ending December 31, 2007, and declaring an emergency."
ADOPTION OF RESOLUTION 7-2007: Council listened to the Third Reading in title only of Proposed Resolution 7-2007 which description is: "A Resolution authorizing and directing the Mayor to enter into an addendum to the software licensing agreement with the Regional Income Tax Agency (RITA) entered into on June 8, 2005 and authorized by Resolution No. 18-2005, and declaring an emergency." Mr. Pilla moved to adopt; seconded by Mr. Legan. Ayes all; motion carried.
AGENDA FOR COMMITTEE OF THE WHOLE MEETING, MARCH 20, 2007:
1. Discussion - Crosswalks for Pedestrian Pathway
2. 2007 Appropriations
3. Mayfield Regional Library Representative (requested by Mr. Hargate)
4, Noise Ordinance re recreational vehicles (requested by Mr. Mills)
5. Swimming Pool Ordinance (requested by Mr. Pilla)
ADJOURNMENT: A motion was made by Mr. Mills and seconded by Mr. Pilla to adjourn the meeting. Said meeting adjourned at 9:05 p.m.
Clerk of Council
President of Council