Civil War Timeline.

Village of Chagrin Falls

January 24, 2011

The meeting of the Council of the Village of Chagrin Falls was called to order at 8:00 p.m. by Mr. Patton.

Member present: Evans, Jacobs, Lutz, Milko, Patton, Subel, Williams
Members absent: None
Officials present: Mayor Brick, Bloom, Himes, Zugan, Brosius, Byron, Lannon

APPROVAL OF MINUTES

Mrs. Evans said under the report of the Chief Administrative Officer, I think you meant to say January 15th and January 22nd, not December. Moved by Mr. Williams, seconded by Mr. Patton that the minutes of the meeting held January 10, 2011 be approved. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Patton, Subel, Williams. Nays: None.

REPORT OF THE MAYOR

Mayor Brick said the Case Western Reserve University Action Learning Team, consisting of five students and a faculty advisor, has started to address the task of identifying efficiency improving projects successfully undertaken by municipalities throughout our state and other states. Their report will be available in April and hopefully we will get some good ideas that we can use in the future to help us minimize our own deficits.

Mayor Brick said at our next meeting I hope to be asking for your authorization to join the Chagrin Valley Dispatch Council of Governments. I have been in communication with our dispatch partner’s Mayors and I believe that all of them agree with me that joining into a Council of Governments for our dispatch services will be good for all of our communities and will encourage other communities to join us for even more efficiency.

Mayor Brick said each of you have a very interesting booklet in front of you. It is the work of one of our own residents, Art Kvacek, and he has graciously given each of us one of these. It is the Cleveland Historic Trail and it is a booklet of a large number of historical buildings and sites in Cleveland. It is, I am sure, a very interesting work. Also, for any of you residents who are here this evening, there are some other copies. It would be first come, first serve but Art would like you to have these as well. So, we can enjoy those and thank you very much Art and good work.

REPORT OF THE FINANCE DIRECTOR

No report.

MEMBERS OF THE PUBLIC TO SPEAK TO AGENDA ITEMS (NOT TO EXCEED TWO (2) MINUTES PER PERSON)

None.

REPORT OF THE LAW DIRECTOR

AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH SCHOTTENSTEIN, ZOX & DUNN CO.
Mr. Byron placed on the floor Ordinance No. 2011-01 entitled:

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH SCHOTTENSTEIN, ZOX & DUNN CO., L.P.A. EFFECTIVE FROM JANUARY 1, 2011 THROUGH DECEMBER 31, 2011.

Moved by Mr. Subel, seconded by Mrs. Lutz that the requirement for reading an ordinance three times be suspended. Carried. Ayes: Evans, Jacobs, Lutz, Patton, Subel, Williams. Nays: None. Moved by Mr. Subel, seconded by Mrs. Lutz that the ordinance be adopted. Carried. Ayes: Lutz, Milko, Patton, Williams. Nays: Jacobs, Evans, Subel. Mr. Subel said the Administration and Compensation Committee met and voted two to one to recommend to Council that we pass this. I had expressed a desire to wait some period of time to see how the economy and how our budget shapes up. I acknowledged the fact that it was last year that Schottenstein, Zox & Dunn voluntarily did not increase their price to us and we certainly appreciate it. This represents a five percent increase, which I just think is high for us to be approving at this point in time. Bob and Dwight had different opinions. Mr. Milko said our relationship with Steve and his firm has been excellent over the past several years. The bottom line is we are trying to move in the direction of being less litigious and we have accomplished that goal as well as having judicious representation when we did find ourselves in court. They have exceeded all of our expectations from that perspective. A five percent increase in this economy might seem slightly high, however, there was no increase last year so averaging out that to two and a half percent over two years is a good deal. If we are looking at budget and we are looking at that over the next several months to reduce our budget on professional services when they are such an asset to us over the long run, I don’t think is the way to go so I recommend it and recommend to Council that we pass this ordinance. Mr. Jacobs said I am going to vote against this for many of the same reasons why I voted against the increase for staff raises. I think it is imprudent to go higher than the cost of living when we don’t have a budget especially when we’ve had a difference in reserves for the last number of years. I think we can take this up again after we see the budget finalized for this year. Mrs. Evans said as much as I appreciate all of the work that Mr. Byron has done for the Village, I think five percent is a little excessive at this point in time.

OUTDOOR DINING AND PASSIVE RECREATION FOUND TO BE APPROPRIATE USES
Mr. Byron placed on the floor Ordinance No. 2011-02 entitled:

AN ORDINANCE FINDING AND DETERMINING THAT OUTDOOR DINING AND PASSIVE RECREATION ARE APPROPRIATE USES FOR CERTAIN VILLAGE OWNED REAL PROPERTY LOCATED ON BELL STREET AND WITHIN THE PARKS AND INSTITUTIONAL DISTRICT AND AUTHORIZING THE LEASING OF SUCH PROPERTY FOR SUCH USES.

Mr. Jacobs passed out a letter from Kathy Watterson opposing this ordinance. He summarized the background of this request and he summarized what transpired at the Planning and Zoning Commission meeting that was held on January 19, 2011. Mr. Patton said there is going to be a Parks Commission meeting tomorrow morning at 8:30 a.m. and they are going to be reviewing this also.

REPLACEMENT PAGES OF THE CODIFIED ORDINANCES ADOPTED
Mr. Patton introduced Ordinance No. 2011-05 entitled:

AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES AND DECLARING AN EMERGENCY.

Moved by Mr. Patton, seconded by Mrs. Evans that the requirement for reading an ordinance three times be suspended. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Patton, Subel, Williams. Nays: None. Moved by Mr. Patton, seconded by Mr. Williams that the ordinance be adopted. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Patton, Subel, Williams. Nays: None. Mr. Patton said this is primarily a housekeeping matter and it is to update our Codified Ordinances so that they comply with the state law. Mr. Subel asked, do we have those? Mr. Himes said you get them as they are updated throughout the year.

SECTION 1503.07 OF THE CODIFIED ORDINANCES AMENDED
Mrs. Lutz introduced Ordinance No. 2011-06 entitled:

AN ORDINANCE AMENDING SECTION 1503.07 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF CHAGRIN FALLS TO REQUIRE THE INSTALLATION OF PHOTOELECTRIC SMOKE ALARMS IN NEW DWELLINGS AND DWELLING UNITS, AND DECLARING AN EMERGENCY.

Moved by Mrs. Lutz, seconded by Mrs. Evans that the requirement for reading an ordinance three times be suspended. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Patton, Subel, Williams. Nays: None. Moved by Mrs. Lutz, seconded by Mrs. Evans that the ordinance be adopted. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Patton, Williams. Nays: Subel. Mrs. Lutz said we had a meeting right before this Council meeting and Jim Alunni made a really nice presentation. The focus of this legislation is to provide safer conditions for the residents. There have been a lot of studies done and it has been proven that this type of smoke alarm is better at detecting fires and it was the unanimous vote of the Safety Committee to recommend that Council endorse this legislation. Mr. Subel said I am not comfortable with this legislation for a couple of reasons. I think the fines are too much for a violation and I remember reading about this debate for decades and there are a lot of cases where the photoelectric or the ionization is better and one of the things Jim, that you mentioned, that may be worth considering is things like carbon dioxide alarms, which I don’t know how much that will save. I just saw this generally as very reaching legislation. If people want a certain kind of alarm I think they ought to have the choice. Mrs. Lutz said I don’t think they rewrote anything on the fine schedule. Mrs. Evans said it was her understanding that it was just a recommendation. Mr. Himes said this would make it a mandate that you would have photoelectric rather than ionization. Mr. Byron said the current requirement is the ionization, that is what is being changed. A new home now requires ionization, if this is passed the change would be photoelectric. Mrs. Lutz said if you want to put an ionization smoke alarm in your house in addition to the photoelectric you have every opportunity to do that. But, the research seems to indicate that this will save more lives.

VARIANCE REQUEST - ROSANNE PASSALACQUA
Mr. Williams introduced Administrative Order No. 2011-07 entitled:

FINAL ORDER OF COUNCIL AND CONCLUSION OF FACT REGARDING A VARIANCE REQUEST OF ROSANNE PASSALACQUA FOR PROPERTY LOCATED ON WEST WASHINGTON STREET.

Mr. Milko said because I have a business relationship with one of the parties I will recuse myself.
Moved by Mr. Williams, seconded by Mrs. Lutz that the administrative order be adopted. Carried. Ayes: Jacobs, Lutz, Patton, Williams. Nays: Evans, Subel. Mr. Williams explained the specifics of the variance request. He said the Board of Zoning Appeals voted unanimously (at the December 28, 2010 meeting) to approve the variance request. Bobbie Wheeler, 4 Church Street, spoke in opposition to this legislation that approves the variance request. Comments were heard from Council and questions were answered. Mrs. Evans said I would like to make a motion to remand this back to BZA for further fact finding given the discussion we’ve had at the table tonight. Mr. Byron said your ordinances don’t provide for that; the procedure is just yes or no. Mr. Patton said the Board of Zoning Appeals was very thorough in their analysis.

STREETS AND SIDEWALKS COMMITTEE

No report.

FACILITIES AND SERVICES COMMITTEE

No report.

PLANNING AND ZONING COMMISSION

No report.

SAFETY COMMITTEE

No report.

UTILITIES COMMITTEE

No report.

BOARD OF ZONING APPEALS

Mr. Williams reported that the regularly scheduled meeting for tomorrow night has been canceled; there are no items up for review.

ADMINISTRATION AND COMPENSATION COMMITTEE

No report.

FINANCE COMMITTEE

Mr. Patton acknowledged that Council did receive the monthly expenditure reports as well as the monthly statement of cash receipts and disbursements for December, 2010.

PARKS COMMISSION

Mrs. Lutz announced a meeting for Tuesday, January 25, 2011 at 8:30 a.m.

SHADE TREE COMMISSION

No report.

ARTS COMMISSION

No report.

PARKING COMMISSION

No report.

REPORT OF THE CHIEF ADMINISTRATIVE OFFICER

Mr. Himes reported that we are prepared to continue discussion about Cleveland Street if Mrs. Evans would like to schedule a meeting.

Mrs. Evans announced a meeting for Monday, February 14, 2011 at 7:30 p.m.

REPORT OF THE ENGINEER

No report.

REPORT OF THE POLICE CHIEF

No report.

REPORT OF THE FIRE CHIEF

No report.

MEMBERS OF THE PUBLIC TO SPEAK TO ANY MATTER (NOT TO EXCEED FIVE (5) MINUTES)

None.

MISCELLANEOUS

Mrs. Evans said the Chagrin Valley Little Theater is requesting permission to draw the outline of a body on the sidewalks in a couple of places to promote their play on Friday. There were no objections from Council.

ADJOURNMENT

Mr. Patton adjourned the meeting at 8:46 p.m.

_____________________________________
President of Council

______________________________________
Clerk of Council

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