CITY OF MAYFIELD HEIGHTS COUNCIL MEETING MINUTES March 27, 2017

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1 CITY OF MAYFIELD HEIGHTS COUNCIL MEETING MINUTES March 27, 2017 The regular meeting of Council was called to order at 7:00 P.M. by Council President Gayle Teresi. ROLL CALL: PRESENT: Mr. Robert DeJohn, Mrs. Donna Finney, Mr. Donald Manno, Mr. Joseph Mercurio, Mrs. Susan Sabetta, Mrs. Diane Snider, Mrs. Gayle Teresi. ABSENT: None. Also present were Mayor Anthony DiCicco, Assistant Law Director Raymond Schmidlin, and Deputy Clerk of Council Lisa Benedetti. In attendance: Police Chief Fred Bittner, City Engineer Dan Gerson, Service Director Joe Fornaro, Building Director Tom Jamieson, Recreation Director Sean Ward and Compliance Standards Officer Lorna Zeller. The Pledge of Allegiance was said. Mrs. Teresi asked for a motion to deviate from the agenda to address Resolution No Mr. DeJohn, seconded by Mrs. Snider, moved above stated motion. Roll Call on motion as stated: AYES: Manno, Mercurio, DeJohn, Sabetta, Finney, Snider, Teresi. NAYS: None. Motion carried. RESOLUTION NO : "A Resolution commending John Retino upon his retirement from the Service Department of the City of Mayfield Heights, Ohio." Mr. Schmidlin read the resolution by title only. Mrs. Finney moved for suspension of the rules, seconded by Mr. DeJohn. Roll Call on motion as stated: AYES: DeJohn, Snider, Finney, Mercurio, Manno, Sabetta, Teresi. NAYS: None. Motion carried. Mrs. Snider moved for adoption, seconded by Mr. Manno. Roll Call on motion as stated: AYES: Finney, Sabetta, Snider, Manno, DeJohn, Mercurio, Teresi. NAYS: None. Motion carried. The resolution is adopted. Mayor DiCicco read the resolution in its entirety and presented it to Mrs. Angela Retino who accepted it on behalf of her husband who was unable to attend due to church commitments. Mr. Manno moved to suspend reading of the Council minutes of March 13, 2017, and approve as written, seconded by Mrs. Sabetta. All in favor, except Mrs. Finney who abstained as she was absent, motion carried. Minutes approved. Mr. Mercurio moved to suspend reading of the Committee of the Whole minutes of March 20, 2017, and approve as written, seconded by Mrs. Sabetta. All in favor, except Mrs. Finney and Mrs. Snider who abstained as they were absent, motion carried. Minutes approved. CORRESPONDENCE AND ANNOUNCEMENTS: Mrs. Sabetta gave a Chagrin River Watershed Update. For Phase II Annual Reports the Regulated Small MS4's 2016 annual reports are due by April NatureWorks grant applications are due May 1. The Ohio Stormwater Conference will be held May 10-12, 2017 at Kalahari Resort in Sandusky, Ohio. The next CRWP meeting will be held April 6, 2017 at 4:00P.M. at the Mayfield Village Civic Center. The Watershed Advisory Committee, the Chagrin River and Lake Erie Direct met on March 13, Mrs. Sabetta, Service Director Joe Fornaro and City Engineer Dan Gerson were present. The Northeast Ohio Sewer Regional District Regional Stormwater Management Program was discussed for the community proposed stormwater projects and submittal information. The agenda included storm water

2 Council Minutes -2- March 27, 2017 construction plans, projects and activities. The community cost share was highlighted with match and reimbursement of which there is over 9 million dollars available and communities are encouraged to use their dollar amount. Also discussed was annual construction review/plan and process/development, community identify projects, watershed group project, flood related master plan process/storm water inspection and maintenance agenda for The next meeting is in October. Mrs. Snider stated she spoke with Lloyd Anderson, a councilman from Bedford, regarding the Northeast Ohio Council of Councils Association. The group meets quarterly on Thursdays at the Doubletree Hotel in Independence at 6:00 P.M. The next meeting is May 18, then September 21 and November to be announced. The cost for the City to join is $400. She has not heard of any meetings for the Hillcrest Council of Councils group this year yet. She wanted to update Council on this matter since it had been discussed at prior meetings. Mrs. Teresi asked Mrs. Snider to let Miss Benedetti know if she was interested in joining the group. Mrs. Teresi noted that she visited the Ashley Furniture property and they are doing a great job with the City's green initiative of planting trees and grass, which will look good when everything is in bloom. She also visited the new Landerbrook Atrium facility on Lander Road and noticed on the south side of the property, which abuts a resident's property, and a resident had also called stating she had noticed there were not many trees planted on that side of the property. There are four or five trees at the front of the property near the street and then the trees are spaced 10' -20' apart around the rest of the property. There is also no mound as had been approved by the City as a variance in place of the required wall. The Mayor asked if everything has been completed there. Mrs. Teresi stated she was not sure, but there were deciduous trees in between the evergreens so there is a lot of open space on the south and north sides. Mayor DiCicco asked Mr. Jamieson to inquire into the matter. Mrs. Teresi stated the Sun Messenger reported the City of Beachwood had joined the Ohio Open Checkbook program. Last year a representative from the Ohio Treasurer's office spoke to Council about this program. Mrs. Teresi would like Mr. Tribby to give the matter another review to putting the City's finances on that site. It is very important to have transparency for residents. REPORTS OF OFFICERS: Mayor DiCicco: Our video equipment is up and running. Thank you to Renee Augustine and Lisa Benedetti who were relentless in pushing the repairs. Last Tuesday the Mayor had the pleasure of attending the Grand Opening of The Theatre. This is the back portion of the Play Arcade and Kitchen space. They did a magnificent job of transforming the old Bone Yard bar and stage area into a classy event venue that can be used in many different ways. Congratulations to The Theatre and we wish them well. The Parks and Recreation Senior Subcommittee has been doing a great job of coming up with new events and ideas to reach our senior residents and let them know all we have to offer them. The group was formed last year when the Commission on Aging was repurposed and renamed to better aid our senior residents. Thanks to the subcommittee, we have new events like game night and a Murder Mystery Dinner along with our Silver Social dances. All of the events can be found in the Parks and Recreation page on our website. I want to thank Laura Blair, Marty Kelbel, AI Rose and Joel Weiner for their enthusiasm. The Heritage Home Program postcards were mailed today to the eligible households in the city, those that are 50 years or older, so you should see them in the next day or two. There also is a free Community Information Session scheduled for April 19 1 h at 6 pm at the community center. Last year the Heritage Home Program provided 25 site visits and 10 additional technical assists to our residents. As a reminder, if your home is 50 years old or older, you have access to free advice regarding home maintenance and

3 Council Minutes -3- March 27, 2017 improvement projects. Specialists working for the Program answer home maintenance and rehab questions and provide an impartial opinion. They also offer financing options to cover project costs, with fixed-rate financing with low rates. To find out more, call (216) or visit The City of Mayfield Hts. was officially named a 2016 Tree City USA by the Arbor Day Foundation in honor of our commitment to effective urban forest management. Thanks to Service Director Fornaro we met the four requirements of the program which are a tree department, a tree-care ordinance, an annual community forestry budget of at least $2 per capita and an Arbor Day observance and proclamation. As a TreeCityUSA community, the city is eligible for discounts on trees and possible grants on planting, removing, or reimbursement of trees. Director of Law Mumhv: No report. Director of Finance TribbV: No report. REPORTS OF COMMITTEES. COMMISSIONS AND BOARDS: Building Committee: Mr. DeJohn reported on a joint meeting with the Legislative Committee was held on March 13, Copies of the minutes of the meeting were distributed to all members and are a part of the permanent record. The issue pertaining to creating an auto dealership zoning classification of U4-AA was referred to the Planning Commission for review even though many Council members in attendance were not in favor of creating such a classification and wanted to uphold the 2004 decision by Council, which eliminated auto dealerships from any zoning classification. A Building Committee meeting was held March 20, 2017 at 6:00P.M. Copies of the minutes of the meeting were distributed to all members and are a part of the permanent record. Discussed were portable temporary containers including rail containers, PODS and roll off trash containers. Mr. DeJohn believes this legislation is needed since these types of containers are scattered throughout the apartment districts. Mr. Jamieson believes the City would have to grandfather rail containers used for storage since they have been in place for a long time. Mr. DeJohn recommended the review of each zoning code district for this subject. Many of the apartment complexes have waste containers throughout the property, which are not maintained, as well as unsightly roll off containers. The Mayor and Mr. Murphy will meet to discuss legislation. Finance and Audit Committee: Mrs. Sabetta reported a Committee of the Whole meeting was held March 20, 2017 to discuss the appropriations ordinance. She will make a motion to remove Ordinance No from the table and place it on the agenda for consideration this evening. Legislative Committee: No report. Public Works and Services Committee: Mr. Mercurio reported the road department is finishing up some catch basin repairs in the corporate areas and on Gates Mills Boulevard and sidewalk repairs. The night crew will be starting to sweep streets, and the park department is doing park maintenance and repairing damage caused by the City's snow plows. As a reminder, there will be no spring leaf pick up. On March 8, 2017, several Service Department employees accepted First Energy's offer to see how they prepare for major storm events. This is open to all public officials and safety forces. The next date is June 8, 2017 and if anyone is interested in attending, they can contact Mr. Fornaro. Mr. Gerson and Mr. Fornaro have finalized the 2017 road program. A committee meeting will be scheduled to review the program. Recreation and Parks Committee: Mr. Manno reported the following: The annual Pancake Breakfast was held on March 19, It was a success and he thanked everyone who helped. The Bunny Brunch will be held Saturday, April 8, from 9-10:30 A.M. Tickets are $7 per person and are on sale now.

4 Council Minutes -4- March 27, 2017 Resident Registration for all summer programs is underway. Please visit the website look at the Activity Guide, or call the Recreation Department for more details. Don't delay, programs sell out. Safety and Transportation Committee: meeting concerning traffic studies. Mrs. Finney stated she will be scheduling a Board of Zoning Appeals: Mr. Mercurio reported on the meeting held March 14, Copies of the minutes of the meeting were distributed to all members and are a part of the permanent record. Planning Commission: No report. PUBLIC COMMENT: Carl Parise, 1249 West Miner, stated he was very concerned and interested in WWII veterans. He read a statement about having an event for these veterans, as some other cities do, such as a dinner. There are WWII veterans living in Mayfield Heights and he would like to see them honored by the City with an annual dinner. He had contacted the manager at Dina's Country Club who was interested in donating the room. There are not many left and he thought it would be a great way to honor them. Alex Hillary, representing BoxCast, stated he was invited by Mr. DeJohn to come to present his company's product. They work around the country with different municipalities to help them live stream the council meetings or other meetings. With the company's plug in place solution it can be used with the equipment in place. This allows residents who cannot physically come to the meeting observe the proceedings, improves transparency and public engagement. He requested being allowed to inspect the council chamber equipment after the meeting. RESOLUTION NO : "A Resolution confirming the action of the Board of Zoning Appeals of the City of Mayfield Heights in granting to Jeff Cook, on behalf of Mohammadali Kamarzadehsemsar, 1194 Lander Road, a variance to construct fourteen (14) feet of solid wood fence on part of the rear property line of said property (Cuyahoga County Permanent Parcel No )." Mr. Schmidlin read the resolution by title only. Mrs. Snider moved for suspension of the rules, seconded by Mrs. Sabetta. Roll Call on motion as stated: AYES: Finney, Sabetta, Snider, Manno, DeJohn, Mercurio, Teresi. NAYS: None. Motion carried. Mrs. Finney moved for adoption, seconded by Mr. Mercurio. Mr. Mercurio reported this was a unanimous approval. With the new fence ordinance the fence would have to be vinyl and there was a practical difficulty in that it would be unreasonable to make the owner rip down the fencing already in place. This is only for a 14' section that is missing. Jeff Cook, Champion Fence, on behalf of the applicant, came to the podium and explained the one side is an existing shadowbox and the rear is an existing solid wood fence. They are going to do a shadowbox on the one side. The problem was there are two panels missing on the existing rear fence. The code requires vinyl fencing or anything additional to an existing fence must match the existing material. The 40' of existing fence is in good condition, so there is no reason to tear it down. Mrs. Sabetta clarified then that the fence is in good condition and there are only two types of fences on the property. Mr. Cook replied that was correct, shadow box and solid wood. Mrs. Teresi inquired if the rear fence would be painted. Mr. Cook stated the fence on the left belongs to a neighbor. The remaining fencing would be pressure washed and cleaned up so it will match the new fencing. Roll Call on motion as stated: AYES: Mercurio, Finney, Sabetta, DeJohn, Snider, Manno, Teresi. NAYS: None. Motion carried. The ordinance is adopted.

5 Council Minutes -5- March 27, 2017 Mrs. Sabetta, seconded by Mrs. Finney, moved to remove Ordinance No from the table and place it on the agenda. Roll Call on motion as stated: AYES: Snider, DeJohn, Manno, Mercurio, Sabetta, Finney, Teresi. NAYS: None. Motion carried. ORDINANCE NO : "An Ordinance making appropriation expenditures of the City of Mayfield Heights, State of Ohio, during the fiscal year ending December 31, 2017." Mr. Schmidlin read the ordinance by title only. Mrs. Finney moved for suspension of the rules, seconded by Mrs. Sabetta. Roll Call on motion as stated: AYES: Manno, Mercurio, DeJohn, Sabetta, Finney, Snider, Teresi. NAYS: None. Motion carried. Mrs. Sabetta moved for adoption, seconded by Mr. Mercurio. Mrs. Teresi explained this ordinance was tabled at the March 13, 2017 Council meeting and at the request of Mr. Manno was referred to the Committee of the Whole. A meeting was held on March 20, Roll Call on motion as stated: AYES: Snider, Finney, Mercurio, Sabetta. NAYS: DeJohn, Manno, Teresi. Vote 4-3. Motion carried. The ordinance is adopted. ORDINANCE NO : "An Ordinance enacting Chapter 1375 of the Codified Ordinances of the City of Mayfield Heights regarding temporary containers." Mr. Schmidlin read the ordinance by title only. Mr. DeJohn moved to place the ordinance on second reading, seconded by Mrs. Finney. Roll Call on motion as stated: AYES: Manno, Mercurio, DeJohn, Sabetta, Finney, Snider, Teresi. NAYS: None. Motion carried. The ordinance is placed on second reading. NEW BUSINESS; COMMENTS FROM COUNCIL: Mr. Mercurio remarked that regarding the spring leaf collection, residents need to bag the leaves and put them out with their regular rubbish for Kimble to pick up since the City is not conducting spring leaf pick up. There being no further business to come before Council, Mrs. Teresi adjourned the meeting at 7:40P.M. Approved: Respectfully submitted, Lisa A. Benedetti, MMC Deputy Clerk of Council