Civil War Timeline.

Village of Chagrin Falls

Village Council

November 28, 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, Lutz, Patton, Subel, Williams
Members absent: Jacobs, Milko
Officials present: Mayor Brick, Bloom, Himes, Zugan, Brosius, Byron, Lannon

Moved by Mrs. Lutz, seconded by Mr. Williams that the absence of Mr. Jacobs and Mr. Milko be excused. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None.

APPROVAL OF MINUTES

Moved by Mr. Williams, seconded by Mrs. Evans that the minutes of the meeting held November 14, 2011 be approved. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None.

REPORT OF THE MAYOR

Mayor Brick announced his appointments to the following boards and commissions:

Architectural Review Board

Robert Barclay (non-voting member) Reappointment (3-year term)
Phil Koepf (non-voting member) Reappointment (3-year term)

Board of Zoning Appeals

Wade Fricke Reappointment (4-year term)

Parks Commission

Karla King Reappointment (3-year term)

Shade Tree Commission

Ed Wells New Appointment (3-year term)
Gary Nelson New Appointment (3-year term)

Board of Cemetery Trustees

Myra Carr New Appointment (2-year term)

Moved by Mr. Patton, seconded by Mrs. Evans to confirm Mayor Brick’s appointments. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None.

Mayor Brick recognized Jeff Snedeker who is retiring on December 2, 2011 after 37 years of service.

Mayor Brick said the Sears Adams House Ad-hoc Committee will be having a public meeting this Wednesday, November 30, 2011 at 4:00 p.m. here in Council Chambers.

Mayor Brick said I sure hope I see you all in Holly Hall for a holiday tradition celebration in the coming weeks.

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

CUYAHOGA COUNTY BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL ADOPTED
Mr. Byron placed on the floor Resolution No. 2011-58 entitled:

A RESOLUTION ADOPTING THE CUYAHOGA COUNTY BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL, AUTHORIZING THE MAYOR TO ENTER INTO THE BUSINESS ATTRACTION AND ANTI-POACHING PROTOCOL AGREEMENT AND DECLARING AN EMERGENCY.

Mr. Byron said this will remain on readings.

CHAPTER 1142 AMENDED
Mr. Byron placed on the floor Ordinance No. 2011-65 entitled:

AN ORDINANCE AMENDING CHAPTER 1142, LANDSCAPING REGULATIONS, OF THE CODIFIED ORDINANCES OF THE VILLAGE OF CHAGRIN FALLS BY ENACTING NEW SECTION 1142.09, RELATING TO MAINTENANCE OF LANDSCAPING AND REPLACEMENT OF LANDSCAPING.

Mr. Patton said this is companion legislation to the legislation that we passed at the last Council meeting with both pieces of legislation addressing the maintenance and replacement of landscaping. The legislation that we had at the last meeting applied to the one-family and two-family residential districts and this piece of legislation applies to all other zoning districts. This requires all landscaping required under Chapter 1142 to be maintained in good condition and when necessary shall be replaced with landscaping comparable to the landscaping required by the approved landscape plan.

Mr. Patton opened the meeting up to a public hearing. No comments were heard. Mr. Patton closed the public hearing. Moved by Mr. Patton, seconded by Mrs. Evans that the ordinance be adopted. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None.

SECTIONS 1137.02 AND 1138.02 AMENDED
Mr. Byron placed on the floor Ordinance No. 2011-66 entitled:

AN ORDINANCE AMENDING SECTIONS 1137.02 AND 1138.02, PERMITTED USES, OF THE CODIFIED ORDINANCES OF THE VILLAGE OF CHAGRIN FALLS TO PROVIDE THE PERMITTED USES, EXCEPT AS OTHERWISE PROVIDED, SHALL BE CONDUCTED WHOLLY WITHIN ENCLOSED BUILDINGS.

Mr. Patton said there was a request by certain merchants that they be permitted to place items outside of their stores to encourage shoppers. It was referred to the Planning and Zoning Commission for a report and recommendation and it was recommended that all uses shall be conducted wholly within enclosed buildings in both the retail business district and the central shopping district, unless otherwise permitted.

Mr. Patton opened the meeting up to a public hearing. No comments were heard. Mr. Patton closed the public hearing. Moved by Mr. Patton, seconded by Mrs. Evans that the ordinance be adopted. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None.

AMENDED AND RESTATED OHIO MUNICIPAL LEAGUE DEFERRED COMPENSATION PLAN ADOPTED
Mr. Byron placed on the floor Ordinance No. 2011-68 entitled:

AN ORDINANCE ADOPTING THE AMENDED AND RESTATED OHIO MUNICIPAL LEAGUE 457(b) DEFERRED COMPENSATION PLAN OFFERED BY ING FINANCIAL PARTNERS; AMENDING CHAPTER 149 OF CODIFIED ORDINANCES OF THE VILLAGE OF CHAGRIN FALLS BY ENACTING NEW SECTION 149.26 RELATING TO DEFERRED COMPENSATION PLANS; AND DECLARING AN EMERGENCY.

Moved by Mr. Subel, seconded by Mrs. Lutz that the requirement for reading an ordinance three times be suspended. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None. Moved by Mr. Subel, seconded by Mrs. Lutz that the ordinance be adopted. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None. Mr. Subel said this is housekeeping. I believe it was the State who changed the law regarding this deferred compensation plan. There is a summary that we are provided that does things like, including differential wage payments as being eligible for this thing permitting a plan participant to take an unforeseeable emergency withdraw, stuff like that. The State passed it and for it to be legal we have to have it passed by the end of the year.

TEMPORARY APPROPRIATIONS MADE
Mr. Patton introduced Ordinance No. 2011-72 entitled:

AN EMERGENCY ORDINANCE MAKING TEMPORARY APPROPRIATIONS FOR THE CURRENT EXPENSES AND OTHER EXPENDITURES OF THE VILLAGE OF CHAGRIN FALLS DURING AND FOR THE YEAR ENDING DECEMBER 31, 2012.

Moved by Mr. Patton, seconded by Mrs. Evans that the requirement for reading an ordinance three times be suspended. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None. Moved by Mr. Patton, seconded by Mr. Williams that the ordinance be adopted. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None. Mr. Patton said this is a housekeeping matter which allows us to operate after January 1, 2012 until we adopt our annual budget in March of next year. We pass this as a temporary appropriation every year.

AUTHORIZATION TO ENTER INTO A CONTRACT WITH LINCOLN NATIONAL
Mr. Subel introduced Ordinance No. 2011-73 entitled:

AN EMERGENCY ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A CONTRACT WITH LINCOLN NATIONAL FOR LIFE INSURANCE FOR ALL FULL-TIME EMPLOYEES OF THE VILLAGE OF CHAGRIN FALLS.

Moved by Mr. Subel, seconded by Mr. Williams that the requirement for reading an ordinance three times be suspended. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None. Moved by Mr. Subel, seconded by Mrs. Evans that the ordinance be adopted. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None. Mr. Subel said this is a renewal of our life contract with Lincoln National and there is no change in premium.

COUNTY FISCAL OFFICER REQUESTED TO ADVANCE TAXES
Mr. Patton introduced Ordinance No. 2011-74 entitled:

AN EMERGENCY ORDINANCE REQUESTING THE COUNTY FISCAL OFFICER TO ADVANCE TAXES FROM THE PROCEEDS OF THE 2011 TAX LEVIES PURSUANT TO OHIO REVISED CODE SECTION 321.34.

Moved by Mr. Patton, seconded by Mrs. Evans that the requirement for reading an ordinance three times be suspended. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None. Moved by Mr. Patton, seconded by Mr. Williams that the ordinance be adopted. Carried. Ayes: Evans, Lutz, Patton, Subel, Williams. Nays: None. Mr. Patton said this is another housekeeping item. It authorizes the county auditor to turn over to the Village proceeds of the 2011 tax levies and other collections as soon as it is practical after the auditor receives the monies. This permits us to receive our 2012 property tax receipts in the beginning of 2012 instead of waiting until May of 2012.

STREETS AND SIDEWALKS COMMITTEE

No report.

FACILITIES AND SERVICES COMMITTEE

No report.

PLANNING AND ZONING COMMISSION

Mr. Himes reported that the commission will not hold a meeting on their regular day in December.
SAFETY COMMITTEE

No report.

UTILITIES COMMITTEE

No report.

BOARD OF ZONING APPEALS

No report.

ADMINISTRATION AND COMPENSATION COMMITTEE

Mr. Subel announced a meeting for Wednesday, December 7, 2011 at 8:30 a.m.

FINANCE COMMITTEE

No report.

PARKS COMMISSION

No report.

SHADE TREE COMMISSION

No report.

ARTS COMMISSION

No report.

PARKING COMMISSION

No report.

REPORT OF THE CHIEF ADMINISTRATIVE OFFICER

Mr. Himes reminded everyone that leaf pick-up will end at the end of this week. After that the residents can bag the leaves and leave them out with the trash.

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)
Katherine Malmquest, from the Chagrin Falls Library, said they will re-open tomorrow morning at 9:00 a.m. but they will not have heat yet. She thanked the Valley Lutheran Church for helping them during construction.

MISCELLANEOUS

None.

ADJOURNMENT

Mr. Patton adjourned the meeting at 8:24 p.m.





_____________________________________
President of Council





______________________________________
Clerk of Council

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