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VILLAGE 0F BENTLEYVILLE

COUNCIL MINUTES
December 15, 2010

CALL TO ORDER: 00:00:01
Mayor Spremulli called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG: 00:00:04
Mayor Spremulli led council in the Pledge of Allegiance to the flag.

ROLL CALL: 00:00:23
Bourisseau, Comstock, Gillund, Hudson, Maurer and Skipper present.

MOTION TO ACCEPT THE PRIOR WRITTEN MINUTES AND AUDIO RECORDING: 00:01:25
Motion to accept the November 30, 2010 minutes and audio recording as corrected by Maurer; second by Gillund
Roll call: Bourisseau, Yes; Comstock, Yes; Gillund, Yes; Hudson, Yes; Maurer, Yes; Skipper, Yes.

MAYOR'S REPORT: 00:03:47
The mayor revised the original agenda for tonight’s meeting. He removed the 2010 employee pay ordinance and the ordinances re-appointing the law director, assistant law director, building inspector and the engineer pending council’s adoption of the final 2011 budget. The law director agrees that the Ohio Revised Code allows the Village to pay all employees at the prior-year pay rates until council adopts a 2011 budget.

The mayor commended the service department’s performance during the recent snow events, especially in light of that department’s personnel shortage.

The mayor mentioned a recent Plain Dealer article which listed the downturn in RITA revenues in Bentleyville as well as in surrounding communities. He is looking forward to these revenues rebounding in 2011.

Bentleyville resident and president of the Oriental Rug Warehouse, Roy Gonsenhauser donated a new hand-tied wool oriental rug for the lobby of the Village Hall. The mayor expressed his thanks to Mr. Gonsenhauser for this gift.

Chagrin Valley Engineering is sporting a new logo.

Council member Gillund expressed her delight that the service crew is not stacking snow piles at the end of her driveway. The crew is using a plowing technique to relocate the piles, and she appreciates their efforts.

FISCAL OFFICER’S REPORT: 00:11:12
Ms Schreiber reported the cash account balances and outstanding obligations (See attached Cash Balances and Outstanding Obligations November- 2010).

LAW DIRECTOR'S REPORT: 00:12:50
The Law Director listed the assistant law director’s and his activities as follows:

Law director: Employee and council member issue regarding deer
Property encroachment issue
Research regarding legal conflict if serving on two different elected bodies
Holbrook property issue

Assistant law director: Planning and Zoning task force
Consultation with Sergeant Turner regarding two possible criminal prosecutions.
Pre-trials and trials at Bedford Court
Research regarding e-mail and public records requirements

Council member Gillund asked why the new subdivision ordinances were not distributed as agreed at the last meeting. The law director will follow up with the assistant law director. When available, these new ordinances will be both e-mailed to all council members and included in the January packet.

Council member Gillund stated that there have been items missing from the council packets. The mayor will follow up.

BUILDING INSPECTOR REPORT: 00:21:30

Due to both the weather and the time of year, construction has slowed down. There are currently five to six remodeling/addition projects underway in the Village.

The foreclosed house on Cannon Road will soon be eligible for sheriff’s sale, which will leave two foreclosures in the Village.

The building inspector’s annual report will be distributed to council in January.
Mr. Potts’ report is on file at the Village Hall

ENGINEER REPORT: 00:22:50
Cuyahoga County granted an extension until February 2011 for the start of the railing replacement on the Solon Road Bridge.
The Village did not score well on its Issue One application requesting assistance on the Cannon Road project. The engineer will apprize council of any monetary awards.
There will be a new hierarchy in the Cuyahoga County engineering department. The specifics are still unknown.
Council member Comstock asked about the status of the NOPEC energy conservation grant. Per the engineer, the Cuyahoga County Municipal Energy Grant (MEG) will be awarded too late to use the audit results to apply for the NOPEC grant. Therefore he has instructed the Village to move forward as it had originally intended with the NOPEC energy grant. The MEG grant will finance a level 2 energy audit. The Village can use the results of the audit report for any future energy funding which may become available.
Council member Skipper asked if the engineer had any recommendations regarding the use of the NOPEC funds. The engineer agreed that the Village should pursue a gas line to the service garage. He said that a new roof on Village Hall and reconfiguration of the heating and air-conditioning at Village Hall would also be appropriate.
Council member Gillund added that the Village should get a roofing estimate from Brad Smith Roofing, since that company donated all of the materials for the roof on the McFarland House.
Engineer's report is on file at Village Hall.

CHIEF'S REPORT: 00:27:46
No report

STREETS AND SAFETY REPORT: 00:28:05
The committee met on December 8.
The committee discussed staffing schedules, service coverage in light of limited personnel availability, Mobile Data Terminals (MDT’s), the successful deer hunting season, and the settling of salt piles.
Council member Gillund asked if the police department has considered hiring any part-time officers due to Officer Biggins’ resignation. According to the mayor, he will address all staffing issues when he meets with the chief to finalize the 2011 budget.
Committee report is on file at the Village Hall

FINANCE, GRANTS & INSURANCE REPORT: 00:32:51
The Finance Committee met December 15, 2010.
December accounts payable were reviewed and approved.
2010 year-to-date RITA revenues are less than the year-to-date budgeted amounts and less than actual 2009 RITA year-to-date amounts. Year-to-date expenses are in line with the budget. The committee is forecasting a deficit for 2010, but will strive for a balanced budget in 2011.
The mayor and finance committee chairman Maurer will meet with Chief Pitts to discuss the police personnel budget, and then the 2011 budget will be presented to council
The ordinances regarding 2011 employee pay rates and the re-hiring of all contract employees were removed from the agenda tonight pending the adoption of the 2011 final budget.
Council members Maurer, Skipper and Bourisseau met with Chagrin Falls Fire Department personnel to gain a better understanding of the new three-year contract which is being presented to council tonight. Based on the discussions at the meeting, the committee recommends adopting 2010-50.
Council member Comstock presented her plan to reconfigure the computer back-up on the administrative side of the Village Hall. The system could provide a permanent archive at a cost of about $500. The committee recommends that the system be upgraded as soon as possible. Dr. Comstock will present this motion to council tonight.
The committee discussed ordinances 2010-60 and 2010-61.
Council member Comstock asked if the Village could place a representative on the board of the Chagrin Falls Suburban Fire Department to be its liaison for future contract calculations. Per Council member Skipper, Section 11 of the Village’s agreement with the fire department allows the Village to send a representative to the fire department’s advisory council. The mayor asked council member Bourisseau to recommend who should represent Bentleyville on this council. The mayor will then notify the Fire Department via letter of Bentleyville’s request to be represented.
During the contract renewal period, the Fire Department usually conducts a meeting for all affected communities, but due to an illness in the Chagrin Fall Fire Department, that meeting was not held in this contract cycle.
Mr. Maurer’s report is on file at Village Hall

PLANNING AND ZONING REPORT: 00:00:00
No meeting. The next meeting will be in January 2011.

PARK, FACILITIES & BEAUTIFICATION REPORT: 00:39:01
No meeting.
Council member Gillund expressed her thanks to the Garden Club for the Christmas decorations at Village Hall.

UTILITIES REPORT 00:00:00
No meeting.

PUBLIC COMMENTS: 00:00:00
No member of the public is present

OLD BUSINESS 00:39:35

2010-36 An Ordinance Amending Codified Ordinance 250.14 to add subsection (c) and declaring an emergency. Third reading.
Discussion followed regarding the new wording in the ordinance which states that all Village employees participate in either PERS or OP & F; elected officials may opt out of both systems in favor of Social Security.
The mayor stated that when any employee retires and is rehired, the pay and conditions of employment are set by council at the time of the rehire.
Motion to adopt by Gillund; Second by Maurer
Roll call: Bourisseau, Yes; Comstock, Yes; Gillund, Yes; Hudson, Yes: Maurer, Yes; Skipper, Yes

2010-50 An emergency Ordinance authorizing a contract with the Chagrin Falls Suburban Volunteer Fireman's Association Inc., for the year 2011 through 2013. Second Reading.
Motion to suspend the three reading rule by Maurer; Second by Bourisseau
Roll call: Bourisseau, Yes; Comstock, Yes; Gillund, Yes; Hudson, Yes; Maurer, Yes; Skipper, Yes.
Motion to adopt by Maurer; Second by Gillund
Roll call: Bourisseau, Yes; Comstock, Yes; Gillund, Yes; Hudson, Yes; Maurer, Yes; Skipper, Yes.

NEW BUSINESS: 00:45:20

2010-54 An Ordinance for the payment of bills in the month of December in the amount of $ 68,273.44 and declaring an emergency.
Motion to suspend the three reading rule by Maurer; Second by Gillund
Roll call: Bourisseau, Yes; Comstock, Abstain; Gillund, Yes; Hudson, Yes; Maurer, Yes; Skipper, Yes.
Motion to adopt by Maurer; Second by Gillund
Roll call: Bourisseau, Yes; Comstock, Abstain; Gillund, Yes; Hudson, Yes; Maurer, Yes; Skipper, Yes.

2010-60 A Resolution Amending the Bentleyville Budget for Fiscal Year 2010 and Declaring an Emergency
Motion to suspend the three reading rule by Maurer; Second by Gillund
Roll call: Bourisseau, Yes; Comstock, Yes; Gillund, Yes; Hudson, Yes; Maurer, Yes; Skipper, Yes.
Motion to adopt by Maurer; Second by Gillund
Roll call: Bourisseau, Yes; Comstock, Yes; Gillund, Yes; Hudson, Yes; Maurer, Yes; Skipper, Yes.

2010-61 A Resolution Adopting the Temporary Appropriations for Fiscal Year 2011 and Declaring an Emergency
Motion to suspend the three reading rule by Maurer; Second by Comstock
Roll call: Bourisseau, Yes; Comstock, Yes; Gillund, Yes; Hudson, Yes; Maurer, Yes; Skipper, Yes.
Motion to adopt by Maurer; Second by Gillund
Roll call: Bourisseau, Yes; Comstock, Yes ;Gillund, Yes; Hudson, Yes; Maurer, Yes; Skipper, Yes

MOTION: 00:48:00
Motion to Expend the Funds Necessary to Upgrade the Administrative Computer Back-Up System by Comstock, seconded by Hudson
Roll call: Bourisseau, Yes; Comstock, Yes; Gillund, Yes; Hudson, Yes; Maurer,
Yes; Skipper, Yes.

PUBLIC COMMENTS FROM MEMBERS OF THE AUDIENCE: 00:50:51
Council member Gillund asked the law director to opine regarding Council member Comstock approving payables when the Village is making a web-site payment to her husband, Michael Bellah. Per the law director, when the Village is making a payment to Mr. Bellah, the accounts payable should be presented in two separate lists: one containing only Mr. Bellah’s invoice from which Council member Comstock will abstain, and another list which contains all other payables for approval by all of council.
Happy Holidays to all.

ADJOURNMENT: 7:55 p.m. 00:54:00

Motion to adjourn by Hudson; Second by Maurer
Affirmed by unanimous voice vote

Respectfully submitted,
_________________________                        __________________
Joseph C. Maurer                                                 Bernice Schreiber
President of Council                                             Fiscal Officer