CITY OF HIGHLAND HEIGHTS
MINUTES OF A COUNCIL MEETING
HELD: JULY 24, 2007
President of Council Murphy presiding.
PRESENT: Mayor Coleman, Councilmen Austin, Dolciato, Hargate, Legan, Mills, Murphy, Pilla; Clerk of Council Buchak; Fire Captain Molnar; 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 July 10, 2007 was dispensed with. Mr. Austin moved to accept the Minutes as written; seconded by Mr. Pilla. Ayes all; motion carried.
The reading of the Minutes of a Special Meeting held July 17, 2007 was dispensed with. Mr. Pilla moved to accept the Minutes as written; seconded by Mr. Austin. Ayes all; motion carried.
DEPARTMENT HEAD REPORTS:
Fire Chief's Report: No report.
Police Chief's Report: Chief Cook reported for the month of June the Police Department responded to 1100 Calls for Service. They handled 22 accidents with 5 involving personal injury and transportation; responded to 61 residential alarms; and held 34 prisoners for approximately 1000 hours.
Mr. Mills asked Chief Cook to provide some recommendations to the Law Director regarding a motor noise issue on Highland Road to curb this problem. Chief Cook stated he will meet with the Law Director.
In response to Mr. Austin's inquiry regarding a school zone on Wilson Mills, Chief Cook advised he spoke with a representative of the Mayfield Village Police Department and their rationale for not having a school zone was because of the setback of the school.
Service Director's Report: Service Director Evans reported the bid opening for the 2007 Concrete Repairs Project was last Friday. Two bids were received and both were local contractors. Agenda Item No. 4 is a resolution authorizing a contract with A & J Cement as the low bidder. Approval was recommended this evening. Mr. Evans reminded everyone that the stamped concrete and sidewalk repairs at city hall were pulled from this project. They will be coming forward with a proposal in the near future to consider that as a separate item.
Building Commissioner's Report: Building Commissioner Stouffer reported he attended a seminar given by the Cuyahoga County Commissioners Advisory Committee on Persons with Disabilities. It was a good seminar with a practical approach toward ADA enforcement. They make themselves available to help with plan exams on buildings where there are issues with accessibility and will visit buildings if there are issues out in the field. They will do this for free.
Mr. Stouffer also reported he received a call today that representatives for the BP Station on Wilson Mills will be at the next P&Z Meeting. They plan to tear down the building and build a new one which will sell gasoline and have a convenience store.
City Engineer's Report: City Engineer Blackley reported the status of on-going construction projects:
· The Colony-Eastlawn Sanitary Relief Sewer Project is moving along. Work is coming around the bend on Eastlawn. They have already done some of the restoration work on Colony but still have to do work adjacent to St. Paschal's.
· The Park Safety Improvement Project also is on schedule. They have removed the old parking lot and roadway. The water line should be done by the end of the week and they will prepare the old parking area for grass and seed. After the water line is installed they will continue installing the drop off area and the reconstructed asphalt roadway to connect the parking lot with the rest of the park to the south.
· Regarding the 2007 Concrete Street Repair Program, Agenda Item No. 5, the recommendation is to award a contract to A & J Cement. They have received the City contract 4 out of the last 5 years and do an excellent job.
· Council approval was requested for a motion to advertise for bids for the Highland-Bishop Intersection Improvement Project. It is anticipated the project will go to bid on August 2nd with the bid opening scheduled for August 17th. A recommendation will be provided that afternoon to be included in the packet for Council.
Finance Director's Report: Finance Director Ianiro reported as follows:
· The New Homestead Exemption forms are available in City Hall. Any questions can be referred to the Finance Department. The market value of the property is reduced by $25,000; any senior over 65 who lives in their home is entitled to that. Mr. Ianiro spoke about the program last week at the senior luncheon. Deadline to file is October 1.
· Agenda Item No. 1 is authorizing payment to Ace Tennis for session No. 2. There will be a third reconciliation payment later in the year.
· Agenda Item No. 2 is authorizing payment to the City's third party administrator for Workers Comp Rating Program services. It is a reconciliation of the City's shared savings account and is actually under the original estimate in terms of the 2006 rating. This is an amount that is in excess of $60,000 less than what was paid last year to reconcile the group program.
· Agenda Item No. 6 deals specifically with certifying special assessments to the County auditor for the city's costs to abate nuisance conditions -- basically cutting person's lawns. This has to be certified to the County by September 10th. Approval was requested this evening.
· Agenda Item No. 7 is an ordinance authorizing transfers. They are all budgeted transfers that were incorporated into the budget at the beginning of the year. This legislation can receive three readings.
COMMITTEE REPORTS:
Legislative & Finance Committee: Mr. Legan reported a meeting was held Monday, July 23rd. L&F recommended passage of all the items that Mr. Ianiro outlined.
· Item No. 1 authorizing of the payment to Ace Tennis,
· Item No. 2 reconciliation of the 2006 Workers Comp Program, and
· Item 7 an ordinance authorizing transfers.
· In addition they discussed the proposed storm sewer program. L&F recommended a trial program to pay as we go as opposed to assessing some kind of assessment to the residents. They didn't think that was a good idea. They also didn't want to put a specific dollar amount and a line item in the budget this late in the year. They put a ceiling of $10,000 to address any emergency needs. They will analyze the costs and then as a group revisit this subject in a couple months to establish criteria for further developing the program.
Drainage Committee: Mr. Mills reported a meeting was held this evening to discuss the following:
· 5528 Highland Road. The Drainage Committee requested discussion in the next Committee of the Whole Meeting.
· 1043 Ford Road has been referred to the Law Director to check on any easements.
· 336 Miner Road, the McCracken Property. The committee has a recommendation but would like to put that on the agenda of the next Committee of the Whole.
· Aberdeen Area B. Mr. Stouffer has already contacted the Home Owners Association and that will be cleaned by Friday.
· 5484 Roy Road. Mr. Stouffer will work with the Law Director regarding a swale.
· 5334 Brentwood Court. The Service Director fixed that problem.
· Storm Water Maintenance. Mr. Legan provided a recommendation from L&F.
Planning and Zoning Commission: Mr. Pilla reported the action taken in the July 23, 2007 meeting:
· Michael Christopher Salon, 6255 Wilson Mills Road. Final Plan approval was granted.
· Aberdeen Commons Assisted Living Development, 399 Bishop Road. Request for Final Plan Approval. Approval was given for clearing and footers only. They are waiting for approvals from the Fire Department and Landscape Architect.
· Donald L. Barr & Co., The Legends at Aberdeen, Phase IV, Aberdeen Area "J", Review of Building Issues. Donald Barr was present to talk about the last phase. He has a problem with the 25 ft. patio on the golf course. The Commission discussed either shrinking the buildings or maybe looking at a variance of 3 or 4 feet from the front yard setback to allow the walkouts that he designed in the buildings. They referred him to talk with Law Director Paluf. The Commission was standing firm on the 25 ft rear yard setback because it is a safety feature.
Law Director Paluf reported Donald Barr did contact him. They are going to meet next week with Mr. Mastrangelo, P&Z Chairman.
In response to Mr. Austin's inquiry regarding mail boxes and putting them on the same side of the street with the fire hydrants so there is not a parking problem, Mr. Pilla stated P&Z will talk about that when Mr. Barr returns.
Mayfield Area Recreation Council (MARC): No report.
Safety & Service Committee: No report.
Park and Recreation Commission: Mr. Austin reported the baseball program ended two weeks ago. The program ended on time which was good because of the park construction program. The following Monday the park road closed. The parking lot is beneficial to the City and everyone going in the park; and, a lot of green space is added. Mr. Austin stated he thought the money was well spent by the City. Mr. Austin recommended approval of Agenda Item No. 1, payment for tennis lessons.
Commission on Aging: No report.
Law Director's Report: Law Director Paluf asked Council to add to the agenda a motion to adjourn into executive session for the purpose of discussion of purchase of property. He suggested, if they are going to pass Item No. 9 involving a zoning change, that Council approve the legislation this evening because that legislation has to be filed with the Board of Elections by August 23rd.
Mr. Mills asked Law Director Paluf to provide an update on the Maypine Farm's gate for the next Committee of the Whole Meeting.
Council President's Report: Council President Murphy noted that next week will be the 5th Tuesday of the month and there seems to be a consensus not to hold a committee of the whole meeting. Council will be on recess in August but will need to meet for two things -- the street lighting assessments and to consider the bids for the Highland-Bishop Intersection Improvement Project. Mrs. Murphy asked Council to consider meeting on Tuesday, August 21st. Mr. Legan advised he will be out of town. All other Council members indicated they would be present for a meeting on August 21st. at 8:00 p.m.
Mrs. Murphy reminded everyone that articles for the Newsletter are due on August 15th.
MAYOR'S REPORT: Mayor Coleman was pleased to report that Highland Heights was named in the Top 100 places to live by CNN Money Magazine based on certain population criteria. They considered cities with more than 7500 people and less than 50,000. Highland Heights was ranked No. 75 out of the top hundred in the whole country. Six cities in Ohio were in the top 100, one ranked lower than Highland Heights and the others ranked higher. 1600 cities were looked at. Also, there is a write up on the CNN Money web site. The description of the City started the sentence with, "A practiced devotion to the good life makes Highland Heights a special place to be…".
Mayor Coleman also reported he received an anonymous letter today, which mentioned about Highland Heights being the best place to be and then talked about properties not being kept up. He noted that when someone writes a letter there is an opportunity to go into some dialog perhaps to describe some history with the property or explain some things that are going on or to ask more questions. There isn't that opportunity with an anonymous letter. Mayor Coleman stated he brought this up because it is very important to him, Building Commissioner Stouffer and the other department heads to make sure that all the properties in the city are being kept up. They don't really have a heavy handed approach to maintain properties unless they need to. His purpose for mentioning this is if anyone sees properties that they think are outside the code they should not hesitate to call Larry Stouffer or himself because it is important. Larry provides him with a weekly report of his observations throughout the city and the status of those problems.
ITEMS TO BE ADDED TO THE AGENDA:
Proposed Ordinance amending Ordinance No. 1-2007 so as to change the appropriations 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, repealing all ordinances inconsistent herewith, and declaring an emergency.
A motion was made by Mr. Mills to add the above item to the agenda; seconded by Mr. Austin. Ayes all; motion carried.
Motion to adjourn into Executive Session to discuss purchase of property 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
A motion was made by Mr. Legan to add the above item to the end of the agenda; seconded by Mr. Mills. Ayes all; motion carried.
MEETING OPENED TO THE PUBLIC:
Mr. Mark Fixler, 274 Old Salem Trail, in the Maypine Farms Subdivision, addressed Council. He complained that the grass in his subdivision was not cut which is unsightly and is a traffic hazard when cars cannot see. Mr. Fixler advised there are many children in this subdivision and asked when sidewalks would be installed on the vacant lots.
Mr. Hargate advised in the past when a subdivision reached a certain percentage the city has mandated installation of sidewalks.
Law Director Paluf advised there is a requirement to install sidewalks when 75% of the subdivision is completed.
NEW BUSINESS:
ADOPTION OF ORDINANCE 12-2007: Council listened to the First Reading in title only of Proposed Ordinance 12-2007 which description is: "An Ordinance amending Ordinance No. 1-2007 so as to change the appropriations 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, repealing all ordinances inconsistent herewith, and declaring an emergency." Mr. Austin moved to suspend the second and third readings; seconded by Mr. Pilla. Ayes all; motion carried. Mr. Legan moved to enact; seconded by Mr. Pilla. Ayes all; motion carried.
MOTION AUTHORIZING PAYMENT TO ACE TENNIS: A motion was made by Mr. Austin authorizing payment to Ace Tennis in the amount of $9,145 for Session 2 Tennis Lessons; seconded by Mr. Pilla. Ayes all; motion carried.
MOTION AUTHORIZING PAYMENT TO INTEGRATED CONSULTING SERVICES: A motion was made by Mr. Legan authorizing payment to Integrated Consulting Services in the amount of $22,943 for reconciliation of the 2006 Workers Compensation Group Rating Program shared savings pool; seconded by Mr. Mills. Ayes all; motion carried.
MOTION AUTHORIZING THE CLERK TO ADVERTISE FOR BIDS FOR THE HIGHLAND-BISHOP INTERSECTION PROJECT: A motion was made by Mr. Mills authorizing the Clerk to advertise for bids for the Highland-Bishop Intersection Project; seconded by Mr. Pilla. Ayes all; motion carried.
ADOPTION OF RESOLUTION 34-2007: Council listened to the First Reading in title only of Proposed Resolution 34-2007 which description is: "A Resolution declaring A & J Cement Contractors, Inc. as the lowest and best bidder for miscellaneous concrete repairs, authorizing the Mayor to enter into a contract with A & J Cement Contractors, Inc. in an amount not to exceed the sum of Fifty Three Thousand Six Hundred Forty Two Dollars and Fifty Cents ($53,642.50), rejecting all other bids received, and declaring an emergency." Mr. Pilla moved to suspend the Second and Third Readings; seconded by Mr. Mills. Ayes all; motion carried. Mr. Hargate moved to adopt; seconded by Mr. Pilla. Ayes all; motion carried.
FIRST READING PROPOSED ORDINANCE 13-2007: Council listened to the First Reading in title only of Proposed Ordinance 13-2007 which description is: "An Ordinance levying assessments for the payment of street lighting and the improvement or installation of additional lighting by special assessment of all parcels benefited, and declaring an emergency."
ENACTMENT OF ORDINANCE 14-2007: Council listened to the First Reading in title only of Proposed Ordinance 14-2007 which description is: "An Ordinance assessing the cost of abating a certain nuisance, and declaring an emergency." Pilla moved to suspend the second and third readings; seconded by Mr. Mills. Ayes all; motion carried. Mr. Legan moved to enact; seconded by Mr. Mills. Ayes all; motion carried.
FIRST READING PROPOSED ORDINANCE 15-2007: Council listened to the First Reading in title only of Proposed Ordinance 15-2007 which description is: "An Ordinance authorizing transfers and declaring an emergency."
ADOPTION OF RESOLUTION 33-2007: Council listened to the Second Reading in title only of Proposed Resolution 33-2007 which description is: "A Resolution authorizing the Mayor to execute an Interim Video Conferencing Agreement with AT&T Ohio for the provision of broadband telecommunications services and declaring an emergency." Mr. Legan moved to suspend the Third Reading; seconded by Mr. Mills. Ayes all; motion carried. Mr. Mills moved to adopt; seconded by Mr. Austin. Ayes all; motion carried.
ADOPTION OF ORDINANCE 11-2007: Council listened to the Second Reading in title only of Proposed Ordinance 11-2007 which description is: "An Ordinance revising the Zone Map of the City of Highland Heights so as to amend the use classification of Permanent Parcel No. 822-24-006 fronting on Wilson Mills Road from Motor Service District (M-S) to General Business District (G-B) and submitting the amendment to the voters and declaring an emergency." It was suggested by Law Director Paluf to suspend the Third Reading and approve this legislation in order for it to be filed with the Board of Elections before the deadline. Mr. Mills moved to suspend the Third Reading; seconded by Mr. Pilla. Ayes all; motion carried. Mr. Pilla moved to enact; seconded by Mr. Mills. Ayes all; motion carried.
MOTION TO ADJOURN INTO EXECUTIVE SESSION: A motion was made by Mr. Pilla to adjourn into Executive Session to discuss purchase of property 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. Mills. Roll call on the motion: Ayes all; motion carried. Council adjourned at 8:45 p.m. and reconvened at 9:00 p.m.
ADJOURNMENT: A motion was made by Mr. Mills and seconded by Mr. Austin to adjourn the meeting. Said meeting adjourned at 9:00 p.m.
Clerk of Council
President of Council