Welcome to the Village of Bentleyville

VILLAGE 0F BENTLEYVILLE

COUNCIL MINUTES

November 11, 2008

CALL TO ORDER: Time 00:00:20

Mayor Spremulli called the meeting to order at 6:57 P.M. Since it is Veterans Day, Mr. Spremulli acknowledged the contributions by all veterans and specifically by Chief Pitts, a Marine not currently on active duty.

PLEDGE OF ALLEGIANCE TO THE FLAG: Time 00:00:05

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

ROLL CALL: Time: 0:00:50

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

MOTION TO ACCEPT THE PRIOR WRITTEN MINUTES AND AUDIO RECORDING: Time: 00:01:05

October 15, 2008 No audio recording is available due to a malfunction in the recording equipment.

Motion to accept written minutes with noted corrections by Mr. Sedlak. Seconded by Mr. Maurer

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

MAYOR'S REPORT: Time 00:03:17

The Mayor reported that Molly Snow, one of the Village's administrative assistants will serve as the back up for the fiscal officer

There is a Christmas luncheon tentatively scheduled for employees at 2 p.m. on Monday, December 22 at the Village Hall. All council members are invited to attend.

Amy Brennan from Chagrin Watershed Partners will give a presentation tonight.

Crain's Cleveland Business' October edition listed Bentleyville as the second most affluent community in the area based on median household income

The Mayor reported that the Law Director reviewed the final Strategic Plan report as completed by D.B. Hartt Inc. Since the report does not make any formal recommendations to the Village, the Law Director does not believe that there is any requirement that this report be given to the Planning Commission for adoption. Instead the Mayor will forward a copy of the report to all council members for their review and input. The council then will collaborate on a report that the Village will adopt. Mr. Maurer questioned whether the Village has received all of the contracted services from D.B. Hartt Inc. The Law Director will review and opine as to the fulfillment of the contract terms.

The Mayor sent a letter to all residents about the salt shortage and the Village's use of Haydite this winter.

The Mayor met with CJ Cutter regarding the new gas well in the Village. Mr. Cutter has now provided all documentation as required by the Village ordinances. Mr. Cutter stated that he was unaware of the Village's drilling ordinance and related documentation requirements, but will provide all such documents before he drills in Bentleyville again. Mr. Cutter has not posted the $5,000 bond as required by Village ordinance. The Mayor said that this bond payment is not enforceable. The Mayor stated that the Village should require a road bond for any type of development at all.

Ms Gillund asked if the ordinance should be changed to include a road bond since the Village cannot enforce the drilling bond. The mayor agreed that the ordinance should require a road bond.

Mr. Skipper stated that Greg Potts had given CJ Cutter a copy of the Village ordinance at least one month ago.

Their will be an executive session tonight to discuss both legal and personnel issues.00:15:25

The Law Director has negotiated a lease with the Metro parks regarding the McFarland House. Copies of this lease will be distributed to council. Time: 00:24:18

The Garden Club is raffling a Wii game system to raise money for its spring projects. Tickets will be available at the Village Hall. Time 00:56:24

FINANCE REPORT: Time: 00:15:00

Mr. Maurer gave the Treasurers report with account balances. (See attached Cash Balances and Outstanding Obligations - October 2008).

LAW DIRECTOR'S REPORT: Time 00:25:00: No report.

BUILDING INSPECTOR REPORT: Time 00:25:09:

Mr. Potts stated that the Village does not have an ordinance regarding home demolition. He will survey other communities to get samples of their ordinances.

Mr. Potts has compiled a list of Village charges for fees, permits and bonds as requested by council member Skipper. He will forward this list to council members this week for their review.

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

ENGINEER REPORT: Time: 00:28:08.

The results of the Environmental Awareness Survey are in the packet. Mr. Filarski encouraged all of council to review them.

There were ten bids for the Liberty Road project. The low bidder is Fabrizi Trucking & Paving Co., Inc. The contract will be presented for council's approval tonight. Fabrizi Trucking & Paving Co., Inc. would like to begin some work on the project this winter. Information on the project will be sent to residents when work begins, and it will also be posted on the Village web-site. There will be no permanent traffic interruption during the project

Engineer's report is on file at Village Hall.

CHIEF'S REPORT: Time 00:30:30

Halloween was quiet. The Service Department is still picking up leaves and is ready for the winter

Ms Gillund questioned the condition of a culvert on Canon Road in front of the Metro parks. The Chief will contact the Metro parks to see if they will repair.

STREETS AND SAFETY REPORT: Time 00:32:21

The Committee met on November 11, 2008. Annual hours versus the budget are satisfactory for police and service.

The Committee also discussed 2009 budget and the Liberty Road project.

FINANCE, GRANTS & INSURANCE REPORT: Time 00:17:12

The Finance Committee met November 11, 2008. November accounts payable were reviewed and approved with two exceptions. Mr. Maurer recommended that the Law Director review the D.B. Hartt Inc. billing and render an opinion regarding the completion of the contract before the Village pays the final invoice. Mr. Maurer questioned one entry on the Law Director's October invoice regarding Binder vs. Chagrin Valley. Mr. Schuman responded. Finance Committee recommends that all accounts payable be paid with the exception of the D.B. Hartt Inc. invoice.

October financial statements were approved. The Village has a surplus year-to-date vs. budget.

The 2009 budget was reviewed. The Finance Committee will prepare a second draft based on reduced RITA receipts and will have a final budget at the December council meeting.

Ms Gillund questioned why the ambulance billings were so low. The Mayor responded that Medicare has stopped reimbursing Bentleyville for ambulance services, due to the outcome of a lawsuit where Medicare will reimburse the service provider only. Since Chagrin Falls provides this service for Bentleyville, Medicare states that Chagrin Falls needs to bill the patients, and then Chagrin Falls can forward ambulance payments to the appropriate community. All of the municipalities who are serviced by Chagrin Falls, including Bentleyville, are currently working on a contract with Chagrin Falls regarding this new configuration. Once Chagrin Falls has a provider number with Medicare, it can go back for 25 months and retroactively bill for services.

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

Ms Gillund questioned the salary raise percentage proposed by the Mayor. She would like to have information from surrounding communities regarding their salary increases for 2009. Fiscal officer will follow up with nearby communities. Time 01:27:30

PLANNING AND ZONING REPORT: Time 00:33:20

Mr. Praizner requested a variance for Alteration of the Water Course.

The Committee report is on file at Village Hall.

Request for Council approval of the Praizner variance: Mr. Filarski presented drawings and aerial photographs regarding this variance. Council reviewed these documents. Mr. Praizner described the project and the current conditions in his yard. Discussion followed.

Alteration of the Water Course - Praizner - 35048 Canon Road.

Motion to grant by Skipper, Second by Bourisseau. All voted yes. Time: 00:45:45

No meeting in November. The date of the December meeting will be changed from Christmas Eve.

PARK, FACILITIES & BEAUTIFICATION REPORT: Time 00:44:00

There was no meeting in November due to the lack of a quorum.

Ms Gillund reported that an Eagle Scout candidate is looking for a community service project to fulfill his rank requirements. She would appreciate any ideas for such a project.

Theresa Bidar had a boy on October 31. Congratulations to the family.

UTILITIES REPORT: Time: 00:46:18

Meeting held on November 5, 2008. Mr. Skipper reviewed the progress on the bid process for rubbish removal. He has asked the Law Director to write the bids in two ways; weekly garbage and recyclables pick-up with the current 18 gallon recycle bins and a weekly garbage pickup with a bi-weekly pickup of recyclables with a much larger bin. He expects residents to recycle more items using the larger bin. Bids will be advertised November 27 and December 4, and bid opening will be December 12, 2008

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

PUBLIC COMMENTS MADE BY MEMBERS OF THE AUDIENCE: Time: 00:57:30

Ms Gillund questioned when the order of the meeting will be changed.

OLD BUSINESS: Time 00:57:50

2008-40 An Ordinance Authorizing the Mayor to Enter into a Contract with the Village of Moreland Hills Allowing the Village of Bentleyville the use of Moreland Hills' Firing Range and Declaring an Emergency.

1st Reading 9-17-08 Second Reading 10-15-08 3nd Reading

Motion to adopt by Sedlak; Seconded by Bourisseau