Stormwater Management

VILLAGE 0F BENTLEYVILLE

COUNCIL MINUTES

JULY 16, 2008

CALL TO ORDER: (01:38)

Mayor called the meeting to order at 7:01 P.M.

PLEDGE OF ALLEGIANCE TO THE FLAG: (01:45)

Mayor Spremulli led council in the Pledge of Allegiance to the flag.

ROLL CALL: (02:11)

Bourisseau, Gillund, Hudson, Maurer, and Skipper - present. Sedlak - absent.

MOTION TO ACCEPT THE PRIOR WRITTEN MINUTES AND AUDIO RECORDING: (02:36)

May 21, 2008 Meeting: Ms. Gillund corrected the minutes to read a time of adjournment to 9:02 P.M. Motion to accept minutes as amended by Mr. Maurer, seconded by Mr. Hudson. Roll call: All present in favor.

June 18, 2008 Meeting: Mr. Maurer corrected the minutes to read Mr. Maurer gave the Treasurer's Report. Ms. Gillund corrected the minutes to read a time of adjournment to 9:04 P.M. Motion to accept minutes as amended by Mr. Hudson, seconded by Mr. Maurer. Roll call: All present in favor.

MAYOR'S REPORT: (05:21)

Mayor announced Cuyahoga County Bicentennial celebration will kick off with a parade of communities at the Cuyahoga County Fair on August 4.

Mayor announced a meeting at the Cuyahoga County Library on August 4 to provide an update on Library programs and answer questions regarding the upcoming ballot issue.

Mayor announced the flower bed program has been completed and the cost was below the budget and with donations, the village contribution was reduced to $611.93.

Mayor announced he had discussed the impending McFarland Home demolition with Mr. Hartenberg of Metro Parks, and Mr. Hartenberg has agreed to delay in further action for 60 days to see if Bentleyville comes up with any proposals to save the Homestead.

TREASURER'S REPORT AND ACCOUNTS PAYABLE REPORT: (10:03)

Mr. Tomalin announced the software for the audio recording system has been repaired and audio recordings of council meetings are again available. During the problem with the software, audio recording of the March 2008 meetings was lost. Mr. Tomalin then gave the Treasurers report with account balances (see attached Cash Balances and Outstanding Obligations - June 2008). Motion to approve the Treasurer's report by Mr. Bourisseau and seconded by Mr. Maurer. Roll call: All present in favor.

LAW DIRECTOR'S REPORT: (12:21)

No report.

BUILDING INSPECTOR REPORT: (12:37)

Building Inspector's report on file at Village Hall.

ENGINEER REPORT: (17:19)

Engineer's report on file at Village Hall.

Mr. Filarski was asked about debris in the Chagrin River in the Park by Ms. Gillund. Mr. Filarski will review the situation with the Service Department and report a budget number for lean up. Mr. Skipper asked about the drainage project at St. Martin's Church which Mr. Filarski reviewed. Mr. Skipper also asked for and received updates on the Ward Woods subdivision and the Madison Woods project.

CHIEF'S REPORT: (24:33)

Chief clarified the description and necessity of the pickup truck back rack and the status of the purchase of a chipper shredder unit from Solon in response to questions from the finance committee. In response to a request by Ms. Gillund, Chief will prepare to report Streets and Safety Committee on posting horse crossing signs at the entrance to Metro Parks.

STREETS AND SAFETY REPORT: (26:35)

Mr. Bourisseau reported on the Streets and Safety meeting where service hours were first reviewed. The committee discussed the Chief's request for the purchase of a backpack blower which resulted in the recommendation to the Finance Committee that the purchase be approved. The committee also reviewed the trimming work on the roadway berms which has been performed with the boom mower. Ms. Gillund reported the receipt of a phone call from a resident who requested a horse crossing sign be erected at the entrance to Metro Park. Ms. Gillund requested that the Streets and Safety Committee consider that request at their next meeting.

FINANCE, GRANTS & INSURANCE REPORT: (26:48)

Mr. Maurer summarized his report and it is on file at Village Hall. He highlighted a new banking relationship that the Finance Committee has recommended to Council that will save the Village between $12,000 and $20,000 annually Mr. Maurer made a motion to authorize RITA to implement collection program that includes subpoena of tax records of taxpayers not responding to letters and further authorize RITA to deduct the fees associated with the subpoenas in the amount understood to be of $8.00/subpoena from Bentleyville's monthly distribution payment. Motion seconded by Mr. Hudson. Motion Passed unanimously by roll call vote of those present. Mayor complimented Mr. Maurer and the Finance Committee on the excellent job performed in negotiating a new banking relationship with Commerce Exchange Bank which will be voted on later in the evening.

PLANNING AND ZONING REPORT: (33:17)

Mr. Skipper the report of the June 25, 2008 Planning & Zoning meeting which is on file at Village Hall. Mr. Skipper made a motion that Council adopt a rule requiring all submissions to the Planning & Zoning Commission be submitted two weeks prior to the P & Z meeting at which action is desired. Motion seconded by Mr. Bourisseau. Motion Passed unanimously by roll call vote of those present.

PARK, FACILITIES & BEAUTIFICATION REPORT: (37:15)

Ms. Gillund summarized her report and that is on file at Village Hall.

UTILITIES REPORT: (42:21)

Mr. Skipper reviewed the minutes of the June Utility Committee which are on file at Village Hall. After discussion of the proposed Cleveland Water Department's “no poaching/maintenance agreement,” Mr. Filarski agreed to contact the Cleveland Water Commissioner to schedule a presentation on the contract at the August Council meeting.

PUBLIC COMMENTS MADE BY MEMBERS OF THE AUDIENCE: (50:46)

Cliff Drobnick thanked the Service Department for their quick action in dispatching the storm damage and resultant tree removal after last week's storm.

Chris Comstock expressed her concern about the financial condition of the Cleveland Water Department and its effect on the Department's ability to perform its obligations under the proposed maintenance contract.

OLD BUSINESS: (54:12)

2008-29 A Resolution urging the amendment of existing law regulating exploration, drilling and operation of oil and gas wells to permit effective local participation in the regulation of oil and gas wells and protection of their citizens and declaring an emergency.

Motion to place on 2nd Reading by Mr. Hudson seconded by Mr. Bourisseau. Motion Passed unanimously by those present in roll call vote.

NEW BUSINESS: (56:38)

2008-31 An Ordinance for the payment of bills in the month of July in the amount of $46,097.31 and declaring an emergency.

Motion to suspend the three reading rule by Mr. Hudson and seconded by Mr. Maurer. Motion to adopt by Mr. Maurer and seconded by Mr. Hudson. Motion Passed unanimously by those present in roll call vote.

2008-32 An Ordinance amending appropriation ordinance 2008-08 and declaring an emergency.

Motion to suspend the three reading rule by Mr. Maurer and seconded by Ms. Gillund. Motion passed unanimously by those present in roll call vote. Motion to adopt by Mr. Maurer and seconded by Mr. Hudson. Motion Passed unanimously by those present in roll call vote.

2008-33 An Ordinance amending Ordinance 2008-27 by authorizing the payment of three thousand four hundred eighty seven dollars and ninety nine cents ($3,487.99) to Richard A. Price and Amy Martzloff Price for sewer and water assessment overpayment on their property at 10 Berkshire Lane (PPN 941—4-010) from January 1, 2003 through March 1, 2008 and declaring an emergency.

Motion to suspend the three reading rule by Mr. Skipper and seconded by Mr. Bourisseau. Motion Passed unanimously by those present in roll call vote. Motion to adopt by Mr. Skipper and seconded by Mr. Hudson. Motion Passed unanimously by those present in roll call vote.

2008-34 A Resolution approving the Ohio Commerce Bank as a depository for the funds of the Village of Bentleyville and authorizing the Mayor to execute an agreement to that effect and further designating certain authorized signatories.

Motion to suspend the three reading rule by Mr. Skipper and seconded by Mr. Hudson. Motion Passed unanimously by those present in roll call vote. Motion to adopt by Mr. Maurer and seconded by Mr. Hudson. Motion Passed unanimously by those present in roll call vote.

PUBLIC COMMENTS FROM MEMBERS OF THE AUDIENCE:

None.

ADJOURNMENT: Motion to adjourn by Mr. Hudson and seconded by Mr. Skipper. Motion passed by unanimous voice vote. Meeting adjourned at 8:05 P.M.

Respectfully submitted,

Dan Tomalin

Clerk-Treasurer

___________________ ____________________

Mayor Clerk-Treasurer