Stormwater Management

VILLAGE 0F BENTLEYVILLE

COUNCIL MINUTES

February 18, 2009

CALL TO ORDER: 00:00:00

Mayor Spremulli called the meeting to order at 7:00 P.M.

PLEDGE OF ALLEGIANCE TO THE FLAG: 00:00:04

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

ROLL CALL: 00:00:42

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

MOTION TO ACCEPT THE PRIOR WRITTEN MINUTES AND AUDIO RECORDING: 00:01:45

Motion to accept the January 21, 2009 minutes and audio recording by Sedlak; seconded by Maurer.

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes Skipper, Yes.

MAYOR'S REPORT: 00:06:28

The mayor acknowledged Molly Snow for her efforts in publishing the Village newsletter. The newsletter went out last week and included the Waste Management brochure regarding the new recycling program. The tentative schedule for newsletter publication this year will be May, August and October. For the newsletter which will be mailed in May; Council is invited to contribute articles of interest including notification of any events up through August. The Utilities Committee was omitted from the first issue, but this omission will be corrected, and they will be included hence. Due to time sensitivity, the first newsletter went out first class; all subsequent newsletters will be mailed at the bulk rate

There are two administrative memos at the Council places tonight. The first memo states that all committee agendas and meeting changes will be e-mailed to council. There will no longer be paper copies of these items distributed. The second memo informs department heads that all ordinances are to pass through committees before being listed on the agenda.

The County Board of Health has provided two DVD's to the Village: Disaster Happens and Pandemic Flu 101. The mayor's secretary will maintain both DVD's to lend to Village residents.

The mayor received a letter from the police chief in Solon praising the Bentleyville police department's assistance in the Game Stop robberies.

Motion to accept the resignations of both Officers Karagiozis and Lisk by Sedlak and seconded by Maurer.

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes Skipper, Yes.

The mayor noted that Gene Black has retired from the Service Department.

The Mayor continues to receive complaints regarding the Village's use of Haydite this winter. The Village is considering the rental of a street sweeper in the spring to clean any remaining Haydite off the roads. The mayor asked Dale Berger, Assistant Foreman in the Service Department who was present in the audience, about the current stock of salt. The mayor questioned whether the Village has enough salt in its inventory to spread pure salt for the rest of the winter and if the Village should purchase any more salt for the season. Mr. Skipper asked what the current price of salt is and how much Haydite is left. Mr. Berger responded that the 50-60 tons of Haydite on hand have already been mixed with salt. The mayor noted that the Village should consider an alternative to both salt and Haydite for next snow season. Salt is harmful to the environment and hard on the Village equipment. Ms Gillund asked if the Village should consult with the Chagrin Watershed Partners about viable alternatives. The engineer responded that the Northeast Ohio Service Directors would be a good resource to use. The Mayor said that the Mayors and City Managers Association also is exploring alternatives. The mayor has responded to all complaints via telephone and residents have been understanding. Mr. Maurer suggested that the mayor send out a letter explaining the Haydite situation. The mayor plans to address the residents regarding Haydite in the next newsletter. Mr. Bourisseau suggested that this letter be sent out before the next newsletter is published, and Ms Gillund agreed.

There will be an Executive Session tonight to address legal and personnel issues.

Council president Maurer will meet with Assistant Law Director Oakar to outline a procedure to put the strategic plan in place. Time 00:41:30

FISCAL OFFICER'S REPORT: 00:17:00

Ms Schreiber reported the cash account balances and outstanding obligations (See attached Cash Balances and Outstanding Obligations - January 2009).

LAW DIRECTOR'S REPORT: 00:18:19

The law director addressed a question by Ned Sedlak, Chairman of Streets and Safety regarding Council's responsibilities in regard to the resignation of two police officers and the retirement of a member of the Service Department. Mr. Schuman responded that the mayor will appoint any new personnel.

BUILDING INSPECTOR REPORT: 00:19:17

Mr. Potts stated that building activity is slow due to the weather.

He will be meeting with CJ Cutter regarding the gas well to ensure that the drilling continues to operate in compliance will all Village requirements.

Mr. Skipper questioned whether the Finley lot split will be tabled until February or March. Mr. Potts responded that it is tabled until March.

Mr. Skipper asked about the entry on the Inspector's report regarding the county auditor's office. Mr. Potts responded that the County Auditor reviews all permits issued to properly update the tax duplicates. Time 00:22:15.

Building Inspector's report is on file at Village Hall.

ENGINEER REPORT: 00:20:55

Mr. Filarski reported that the culvert in front of the Metroparks needs to be re-ditched and he will contact the new manager at the Park to discuss. In the interim, the Service Department will fill the area with grindings.

Mr. Skipper questioned an entry on the engineer's report regarding educating the Service Department on good housekeeping practices. Mr. Filarski responded that these procedures are EPA-recommended practices.

Engineer's report is on file at Village Hall.

CHIEF'S REPORT: 00:23:08

Lieutenant Nagle was present in the Chief's absence.

No report

STREETS AND SAFETY REPORT: 00:23:20

The Committee met on February 9, 2009. Police and service hours are as expected due to the early and consistent winter.

The Committee approves the recommendation to purchase a new police cruiser. The ordinance will be presented in Ordinance 2009-08 tonight.

Two new computers are being installed to replace outdated equipment.

Officer Lisk resigned, and Gene Black retired from the Service Department

Committee report is on file at the Village Hall

FINANCE, GRANTS & INSURANCE REPORT: 00:25:04

The Finance Committee met February 16, 2009. January financial statements were approved. Year to date performance is in line with the 2009 budget.

February accounts payable were reviewed and approved.

The results of the RITA subpoena program, the Waste Management invoice in light of the new recycling program, and equipment repairs were discussed.

Ordinance 2008-09 was adjusted at the meeting

Mr. Maurer's report is on file at Village Hall.

PLANNING AND ZONING REPORT: 00:27:22

Meeting was held February 4, 2009

Wharton Woods preliminary plat approval has been extended until August 1, 2009.

Kevin Stack requests two variances for a new garage, one for location and one for height. The Building Inspector distributed plans for Council's review. Discussion followed regarding whether the building could be used as a dwelling since there will be a restroom in the garage. The Village will send a letter to the homeowner reminding him of Ordinance 1266.03 which prohibits more than one dwelling per lot.

Stack Variances: Motion to grant by Skipper, seconded by Bourisseau

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes Skipper, Yes

Committee report on file at the Village Hall

PARK, FACILITIES & BEAUTIFICATION REPORT: 00:38:36

No meeting

Mark Gottsegen has an interest in restoring old buildings and has provided information regarding the restoration of the McFarland Homestead. He has some pertinent contacts regarding the project. Mr. Gottsegen would like to be on the committee and will attend the next meeting

The mayor offered to appoint additional residents to the committee if the committee so desires.

UTILITIES REPORT: 00:42:09

No meeting.

PUBLIC COMMENTS MADE BY MEMBERS OF THE AUDIENCE: 00:42:20

No comments

OLD BUSINESS: 00:42:37

2008-46 An Ordinance enacting Chapter 1460 Stand-By/Backup Power Generation in Part Fourteen Building and Housing Code of the Codified Ordinances of the Village of Bentleyville and Declaring an emergency.

Motion to adopt by Skipper, Second by Bourisseau,

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes; Skipper, Yes

NEW BUSINESS: 00:43:35

2009-08 An Ordinance Authorizing the Purchase of a 2009 Ford Explorer from Statewide Ford Lincoln-Mercury through the State Cooperative Purchasing Contract and Declaring an Emergency

Discussion Followed:

Motion to suspend the three reading rule by Maurer, Second by Sedlak.

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes; Skipper, Yes

Motion to adopt by Sedlak, Second by Maurer

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes; Skipper, Yes.

2009-.09 An Ordinance Authorizing the Mayor to Enter into an Agreement with the Cuyahoga Regional Information System for a Non-Terminal Service Agreement.

Discussion followed

Motion to suspend the three reading rule by Sedlak, Second by Bourisseau.

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes; Skipper, Yes

Motion to adopt by Bourisseau, Second by Maurer

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes; Skipper, Yes.

2009-10 An Ordinance for the payment of Bills in the Month of February in the amount of $64.821.90 and Declaring an Emergency.

Motion to suspend the three reading rule by Maurer, Second by Sedlak.

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes; Skipper, Yes

Motion to adopt by Maurer, Second by Sedlak

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes; Skipper, Yes.

PUBLIC COMMENTS FROM MEMBERS OF THE AUDIENCE: 00:48:38

Ms Gillund said that the procedural council rules as distributed tonight will be revised and presented as a motion to adopt under new business at the next meeting,

EXECUTIVE SESSION: Time 00:52:58

Motion to move to executive at session by Maurer, seconded by Bourisseau.

Roll call: Bourisseau, Yes; Gillund, Yes: Maurer, Yes; Sedlak, Yes; Skipper, Yes.

Move to executive session at 7:55

Return from executive session at 8:32.

Motion to adjourn from executive session by Maurer, seconded by Sedlak.

Motion passed by unanimous voice vote.

ADJOURNMENT: 00:54:55

Motion to adjourn by Mr.Sedlak and seconded by Mr.Mauer. Motion passed by unanimous voice vote. Meeting was adjourned at 8:33 P.M.

Respectfully submitted,

Bernice Schreiber

Fiscal Officer

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