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VILLAGE OF BENTLEYVILLE

COUNCIL MINUTES

January 18, 2012

CALL TO ORDER: 

Mayor Spremulli called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG: 

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

ROLL CALL

Bourisseau, Comstock, Gillund, Hale, Maurer and Slain present. 

MOTION TO ACCEPT THE PRIOR WRITTEN MINUTES AND AUDIO
RECORDING: 

Motion to accept the December 21, 2011 minutes and audio recording as corrected by Maurer; Second by Gillund

Roll call:  Bourisseau, Yes; Comstock, Abstain. Gillund, Yes; Hale, Yes; Maurer,
Yes; Slain, Yes

NOMINATION OF COUNCIL PRESIDENT:
Council member Gillund nominated Joe Maurer to serve as council president once again, referencing his success at this post; Second by Comstock.
Roll call: Bourisseau, Yes; Comstock, Yes; Gillund, Yes; Hale, Yes; Maurer, Abstain; Slain, Yes.
Council member Maurer accepted the appointment and thanked council.
NOMINATION OF COUNCIL MEMBER TO THE PLANNING AND ZONING COMMISSION:
Council member Gillund nominated council member Hale to serve on the Planning and Zoning Committee; second by Maurer
Roll call: Bourisseau, Yes; Comstock, Yes; Gillund, Yes; Hale, Abstain; Maurer, Yes; Slain, Yes.

COMMITTEE ASSIGNMENTS:
The mayor announced 2012 committee assignments as follows: 
Streets and Safety: Chairman John Bourisseau, committee member Joe Maurer
Parks: Chairwoman Christine Comstock; committee member John Bourisseau
Utilities: Chairman Wendy Gillund; committee member Kathleen Hale
Finance: Chairman Joe Maurer; committee member Jonathan Slain
MAYOR’S REPORT:

The mayor complemented the Bentleyville Police Department on being the first responders to the Christmas Day accident at Squaw Rock in the MetroPark.  Jason Fisher, a part-time patrolman and former auxiliary officer was the first to arrive and manage the situation until recue teams arrived.

FISCAL OFFCER’S REPORT: 

Ms Schreiber reported the cash account balances and outstanding obligations (See Cash balances and Outstanding Obligations December 2011).

LAW DIRECTOR’S REPORT:

Law director Schuman listed his and the assistant law director’s activities as follows:

Law director: 
   Public records request
   MARC’S contract (ordinance 2012-8)
   Personnel matter with the chief
Chagrin River Road deed restriction language on the land transfer    to the Chagrin River Run Homeowners’ Association
   Ordinances on the agenda tonight

Assistant law director:
  
   Pre-trial and trial at Bedford Court
   Criminal matter with Sergeant Turner

BUILDING INSPECTOR REPORT:

Building inspector Potts’ report is on file.

The building inspector received an inquiry about the construction of a 3,000 square foot house.   Construction is tentatively scheduled to begin this spring.

For council’s review, the building inspector distributed a rough draft of a form for Planning and Zoning variance requests.

Council member Gillund asked about an item on the building inspector’s report.

ENGINEER REPORT: 

Engineer’s report is on file at Village Hall.

CHIEF’S REPORT: 

Since the Chief will soon be able to place an order for a 2013 police car, the Chief asked council to give him permission to place this order.

The parking lot is unusually dark due to a malfunctioning sensor in a street light fixture.
The Chief has assurance from the Illuminating Company that it will service the light next week.

Orange Village officer Nick DiCicco was present to answer questions about the MARC’S radio grant.

Council member Gillund asked Officer DiCicco if the Village has to pay the monthly high tier control station fee which is included in the MARC’S contract.  This fee does not apply to the Village, only to the dispatch center. 

Officer DiCicco followed-up with background on the grant. The federal government has mandated that all police departments update their radios for narrow-banding capabilities by 2015.  The officer explained that the Chagrin Valley Dispatch Council of Governments (CVDCOG) received a multijurisdictional grant worth $835,000 for the purchase of new narrow band radios. CVDCOG received this grant since the Ohio Office of Information Technology, Multi-Agency Radio Communication System Program Office (MARC’S) gave preference to collaborative governmental efforts; CVDCOG is a group of governments in the Chagrin Valley which have joined together to provide police and fire dispatch services. The participating communities will receive narrow band radios which are completely funded by the grant.   Each radio is worth $3,500, but the Village would only be responsible for approximately $335 total annual radio maintenance fees.  The grant would provide the Bentleyville police department with eleven radios, matching the number of radios that the police department currently has.

Additionally, the Village may opt to update their current radios at a cost of $7,000 so that the police not only have back-up radios but also to facilitate the transition to narrow banding. 

STREETS AND SAFETY REPORT: 

The committee report is on file.

Council member Gillund asked that, in the event that the Village has to store a large amount of salt this summer, can an environmentally correct storage practice be identified to store the salt.  Per the mayor, he will consult with the engineer and other area service directors to adopt a proper salt storage method in anticipation of unusually large stores of salt this summer.

FINANCE, GRANTS & INSURANCE REPORT: 

The committee met on January 10, 2011.

2011 Annual revenues exceeded both the budgeted amounts and the 2010 Annual revenues, while expenses were at or below budgeted amounts.   Due to the surplus, the Village transferred $125,000 to the Capital Expenditures and Major Repairs Fund.

The committee discussed both the Finance Committee 2012 budget and the Mayor’s 2012 budget.

The committee report is on file.

PARK, FACILITIES & BEAUTIFICATION REPORT: 

The McFarland House ad-hoc committee will prepare a letter to the Metroparks advising them of progress made on the homestead.  This letter is required based on the lease that the Village signed with the Metroparks.

The mayor would like to include a story featuring the progress on the McFarland House in the upcoming newsletter.  Council member Gillund said that the McFarland House committee has ambitions goals for 2012, so it seeking volunteers to help with various projects.  Councilmember Hale will include this information in the Chagrin Valley Trails newsletter.

The Parks Committee also:
• Completed its review of all Village buildings and divided the to-do lists by frequency of the tasks.
• Reviewed its goals and accomplishments for 2011.
• Received bids for the pavilion roof and interior painting at the Village Hall
• Approved both the “Administration” sign and replacing the grates at the service garage.

PLANNING AND ZONING REPORT: 

The Planning and Zoning Committee met on February 4 and discussed the two ordinances that council referred to P &Z for its consideration (2011-65 and 2011-66).  The committee drafted some changes and will revisit the changes at its January 25 meeting. 

The committee recommends that council allow the variance to the riparian setback on the agenda tonight.

Council member Gillund questioned why this variance request was not included on the original draft of the agenda.  The mayor responded that this omission was simply an oversight.

Council member Gillund asked if the changes at ordinances 2011-65 and 66 should be featured in the upcoming newsletter.  The mayor responded that since these are zoning variances, there will be a public hearing for residents to voice their opinions.

UTILITIES REPORT: 

No meeting.

PUBLIC COMMENTS: 

Resident George Skipper expressed his concerns about the Fire Prevention and Plan Review Services Agreement on the agenda tonight (Ordinance 2011-59).  He listed numerous typographical errors and omissions in the body of the contract.  Additionally, he stated that the contract does not provide for charging residents who opt to receive this service.  Then he asked who would vet which residents could use this service.

Per council member Comstock, all of the resident requests will be routed through the Chief who will then request the service from Chagrin Falls.  Procedures for billing residents for this service will be developed internally here at the Village.

Village employee Lester Hillier spoke.  He said that he enjoys working at the Village, but he has heard rumors that his job will be eliminated in the 2012 budget.  He outlined his work history at the Village and his personal situation.  Then he asked the mayor and council if the rumors about the elimination of his position are true.  Council and the mayor responded that they have not passed a 2012 budget and, correspondingly, no employment decisions have been made at this time.

Council member Gillund added that residents have contacted her expressing that they enjoy having Mr. Hillier working at the Village Hall.

OLD BUSINESS: 

2011-59 An ordinance authorizing the Mayor to enter into an Agreement with the Village of Chagrin Falls for the provision of Fire Prevention and Plan Review Services to the Village of Bentleyville, and declaring an emergency (2nd Reading)

Motion to place on second reading by Comstock; Second by Bourisseau

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, No; Hale, Yes; Maurer, Yes; Slain, Yes

NEW BUSINESS: 

2012-1 An Ordinance for the payment of bills in the month of January in the   amount of $99,449.47 and declaring an emergency.

Motion to suspend the three reading rule by Maurer; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.
.
Motion to adopt by Maurer; Second by Gillund

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.

2012-2 A Resolution adopting the Appropriations for Fiscal Year 2012 and    declaring an emergency.

The mayor stated that the budget presented tonight is his original budget presented to the finance committee in November, with minor adjustments.  It still includes two full-time service department personnel.  If RITA fees are less than the budgeted amount, the mayor is prepared to operate in a deficit for 2012.  He said that the Village has accumulated an adequate funds surplus in prior years.  

Bentleyville Service Department personnel have usually been retirees who worked for Bentleyville and were available on call.   Now the department is manned by younger workers.  These workers need to obtain other part-time work outside of the Village if they remain part-time here. By placing the service personnel on full-time, the Village has access to their services whenever needed. Hiring these workers will encourage them to stay in the Village, eliminating the need for repeated training and thereby providing expertise and better service for the residents.

Hiring full-time workers flies in face of what most municipalities are doing now, but Mayor Spremulli is optimistic that the Village RITA revenues can support these two workers’ full-time salary and benefits.

The mayor then invited each council member to comment on the budget:

Council member Gillund said that the council is split on this issue, and there is still information that needs to be considered before placing these workers permanently on the full-time payroll, such as sick time, holidays and vacation costs.

Additionally, it may be appropriate to place these workers on full-time if  the Village invests in the Durapatch machine, but that purchase is also still under consideration.

Council also needs to determine Lester Hillier’s employment status.  Therefore, she would like to defer voting on the budget pending more research.

Council member Comstock said that there are parts of the budget that she does not like, but over all she is happy with the budget, since full-time service personnel will provider better services for the residents, and employee turnover is hard on the service department supervisor.

Council member Maurer said that there are significant differences between the mayor’s budget and the finance committee proposed budget.  Council still does not know the full cost of adding two full-time employees.  The service department annual budget hours will increase by about 500, so how will the service crew utilize these extra hours?

A review of the service department shows projected service department costs galloping higher and higher. The Village cannot count on increased RITA fees to cover these expenses.  Full time employees are fixed costs, but RITA fees are variable.  Council needs to carefully vet this decision.

Council member Hale stated that RITA fees are an unknown entity, while the cost of full-time employees is real and is known.  The RITA estimate in the budget tonight is generous; the Village needs to look at the trend in income.   Council also needs to consider how the increase in service department hours will translate into coverage for the Village. 

Tonight is too soon to vote on this budget, and this is not the right time to be taking on new expenses.

Council member Slain agrees with the mayor and the Streets & Safety Committee and is comfortable with including a small deficit in the budget.
.
Council member Bourisseau said that people move to Bentleyville for the police and service departments.    He accepts the mayor’s budget and can accept a small deficit.  The community wants and expects a high level of service.  

He is not happy with Lester Hillier’s situation or the police secretary staffing, and he would like more time to work on the budget.

Motion to put on first reading by Bourisseau; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, No; Hale, Yes; Maurer, Yes; Slain, Yes.

2012-3 An Ordinance establishing compensation for employees of the    Village for year 2012 and declaring an emergency.

Motion to put on first reading by Maurer; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, No; Hale, Yes; Maurer, Yes; Slain, Yes.

2012-4 An Ordinance providing for the Employment of a Director of Law,    Fixing Compensation, and declaring an emergency.

Motion to put on first reading by Maurer; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.

2012-5 An Ordinance providing for the Employment of an Assistant Law    Director/Prosecutor, Fixing Compensation, and declaring an     emergency.

Motion to put on first reading by Maurer; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.

2012-6 An Ordinance confirming the Appointment of an Inspector of     Building for the Year 2012 and Fixing Compensation, and declaring   an emergency.

Motion to put on first reading by Maurer; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.
.

2012-7 An Ordinance for the Appointment and Terms and Conditions of    Employment for the Village Engineer, and declaring an emergency.

Motion to put on first reading by Maurer; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.

2012-8 An Ordinance authorizing the Mayor to enter into an Agreement with the Ohio Office of Information Technology, Multi-Agency Radio Communication System Program Office, (“MARCS”) and declaring  an emergency.

Motion to suspend the three reading rule by Maurer; Second by Bourisseau

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.
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Motion to adopt by Bourisseau; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.

2012-9  An Ordinance authorizing the Mayor to enter into a Contract with  ECO Lighting Services and declaring an emergency.

Council member Gillund commented that the Village passed this ordinance in December 2011.  This expenditure is part of the $50,000 NOPEC grant from First Energy.  Per the engineer, this ordinance represents an addition to the original contract since there was a discrepancy between the actual number of light fixtures to be replaced and the number quoted on the original bid

Motion to suspend the three reading rule by Maurer; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.
.
Motion to adopt by Bourisseau; Second by Maurer

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.

2012-10   An Ordinance authorizing the Mayor to enter into a Contract with  Cleveland Air Comfort and declaring an emergency.

Council member Gillund commented that the Village also passed this ordinance in December 2011.  These expenditures are also covered by the NOPEC grant.  Per the engineer, the bids for the heating system updates were significantly less than expected, allowing the Village to add two new furnaces at Village Hall to the grant.  This ordinance represents the contract change for the two new furnaces.

Council member Gillund asked who would maintain these new furnaces.  Per the engineer, the Village should contract for an annual maintenance contract for their service and cleaning.

Motion to suspend the three reading rule by Bourisseau; Second by Gillund

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.
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Motion to adopt by Maurer; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.

2012-11 An Ordinance authorizing Change Order #1 for repair of an additional sink hole to Quartermane Circle and declaring an emergency.

Motion to suspend the three reading rule by Bourisseau; Second by Maurer

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.
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Motion to adopt by Maurer; Second by Bourisseau

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes.

MOTIONS:

Motion to Adopt the Village of Bentleyville’s Sexual, Ethnic, Racial and Religious Harassment Policy.

Motion to adopt by Bourisseau; Second by Maurer

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes

Motion to confirm the appointment of John Turner to Sergeant in the Bentleyville Police Department.

Motion to adopt by Bourisseau; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes

Motion to accept the Grant for Police Safety Vests from Bulletproof Vest Partnership

Motion to adopt by Bourisseau; Second by Comstock

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes

Motion to prepare an Ordinance which states that if an employee’s spouse is eligible to participate, as a current employee or in their current enterprise or retiree, in a group health insurance and/or prescription drug insurance sponsored  by his/her employer, enterprise or any public or private retirement plan, the spouse must enroll in such group insurance coverage

Motion to adopt by Gillund; Second by Maurer

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes

Motion to adopt the Planning and Zoning Commissions recommendation of Code Section 1271.09 (B) for Riparian Set  Back at 70 Winding River.

Contractor Brooks Conn of Brooks Construction was present to represent the homeowner. This home was built before the current riparian set-backs were in place.  The variance is for an elevated walk-out deck which is directly above an existing patio.  Per the engineer, the addition is outside of the flood hazard area, and this addition will not impair the water quality or the flood control.  Due to existing limitations on the property, there is a no other possible area to locate this deck.

Council member Gillund added that the Village needs to consider the future meander of the river and the Village’s liability if the course of the river changes. The mayor responded that this situation is a consideration for all residents who live along the river.

Motion to adopt by Bourisseau; Second by Hale

Roll call:  Bourisseau, Yes; Comstock, Yes: Gillund, Yes; Hale, Yes; Maurer, Yes; Slain, Yes

PUBLIC COMMENTS FROM MEMBERS OF THE AUDIENCE: 

None.

ADJOURNMENT:  8:30   

Motion to adjourn a unanimous voice vote

Respectfully submitted,

__________________________                 ___________________________

Joseph C. Maurer                                             Bernice Schreiber
President of Council                                        Fiscal Officer