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The regular, scheduled
meeting of the Council of the Village of Marble Cliff was held Monday,
March 17, 2008 in the Village Hall at 1600 Fernwood Ave., at 7:00pm.
Those in attendance were: Council Members: Kent E. Studebaker, Matthew
A. Cincione, Anne F. Jewel, John F. Kukura, David T.
Roark, and Robert W. Sterneker; Mayor Richard C. Murray, Solicitor
Mitchell Banchefsky, Village Engineer Donald Mares, Administrative
Assistant William C. Johannes and Fiscal Officer Cynthia McKay.
Visitors were present.
PERMITS AND VARIANCES
Randy Dull
presented photographs and information in support of a request for a
demolition permit to remove the garage and the back porch/sleeping
porch on his property at 1556 Cambridge Blvd. Mr. Dull explained his
intention to replace the garage with a slightly larger two car garage
and to replace the back porch with a two story enclosed structure on
the same footprint as the existing back porch structure.
Mr. Roark moved the demolition permit be approved with
the condition that acceptable plans for the new structures be
submitted to Council prior to construction. Mr. Sterneker seconded.
The motion passed unanimously.
VISITORS
Mayor Murray welcomed Ryan Schofield and his mother Barb to the
meeting and explained that Ryan was observing the Village Council
meeting as part of the requirements for a merit badge needed to obtain
his Eagle Scout rank.
Chris Miller of
Schottenstein, Zox and Dunn presented draft comprehensive right of way
legislation for Council consideration. He explained that the language
is all inclusive and some of the language may not be applicable to
Marble Cliff and will be removed after consideration. Mr. Miller
explained the legislation addresses administration and management of
the Village’s right of way including applications for occupancy,
permitting requirements, insurance requirements, minor maintenance,
and annual fees. He explained the proposed processes for gathering
information about current occupants and managing ongoing and new
occupancy. Mr. Miller explained one of the aspects of the legislation
is a requirement for an annual meeting with entities occupying the
right of way to coordinate construction and maintenance for the year
with the Village.
Council asked whether
the legislation permits the Village to limit or block activity in the
right of way. Mr. Miller said that the Village can, to some extent,
direct and control the use of the right of way, but the Village cannot
block an entity’s right to provide their service or effectively
prohibit them with regulations.
Mr. Miller stated he attempts to have consistency in the
legislative language between his client communities and other
communities to make compliance simpler for utilities working between
jurisdictions. He said that prior to right of way legislation, each
community did business differently often based on long term
relationships between individuals in the community and with the local
utility companies. Council asked if the legislation would limit the
give and take of discussion and negotiations. Mr. Miller said the
legislation gives the Village increased opportunity for discussion
with providers and to encourage alternatives. He stated his opinion
that the legislation helps formalize the parameters of dialog. He also
stated that the legislation provides an opportunity to standardize
information held by the Village related to those occupying the Village
right of ways. Council asked if Mr. Miller anticipates a future
increase in the number of entities occupying the right of way. Mr.
Miller said he anticipates new, changing and expanding technologies
and equipment from existing providers rather than a significant
increase the number of occupants.
Council discussed the
next step for moving forward with the legislation. Mr. Miller
suggested Council members contact him or Mr. Banchefsky with specific
questions or comments. Then he will provide the current right of way
users with information regarding the legislation being developed. Mr.
Miller also stated he will meet with Mr. Mares to discuss specifics of
the proposed legislation and to begin to gather information about
current right of way users. Council anticipates the legislation’s
first reading at the regular April Council meeting.
MAYOR’S REPORT
The
Mayor’s Court report for February 2008 was presented.
The Police Report for February 2008 was presented. Mayor Murray
reported he stopped at the Certified Oil gas station on Dublin Road to
review the location’s security system. He stated that location has
cameras and an alarm system. Mr. Johannes stated he spoke with
Detective Harper of the Grandview Heights Police Department who said
the security system at the Certified station is one of the best in
GHPD’s jurisdiction and that the employees and management are very
co-operative to work with.
Mayor Murray reported he has been appointed by Governor
Ted Strickland to the Ohio Retirement Study Council and explained the
work of the group.
Council discussed a request received from AT&T for an easement to
place a VRAD cabinet on the Village property. AT& T presented language
for the easement for Council review and approval. Council asked if the
cabinet can be landscaped and whether AT&T will repair any damage done
to the property or the irrigation system. Mayor Murray stated the
Village can request landscaping or fencing and other specifics as part
of the agreement. Council asked Mayor Murray to meet with the AT&T
representative to negotiate the agreement. Mayor Murray said he will
ask that the location be staked before negotiations take place.
ENGINEER’S REPORT
Mr. Mares reported the repair of the storm sewer outflow
behind Village Court continues to be delayed by the weather. The work
will proceed when the weather co-operates.
SOLICITOR’S REPORT
Mr.
Banchefsky stated there has been no change on the status of the
discussion between the OEPA and the satellite communities regarding
the proposed Findings and Orders since the last Council meeting. Mr.
Mares said he would send Mr. Banchefsky and Mayor Murray the portion
of the EPA handbook related SSI standards.
Mr. Mares left the meeting at this point.
Mr. Banchefsky
presented a memorandum regarding the process for establishing a
Community Reinvestment Area. The Ohio CRA statute requires the
community to perform a housing survey. The survey must demonstrate
disinvestment in the area and include a least two homes or a home and
an historical structure in the CRA. But the CRA can limit the
opportunity property tax abatement to commercial properties within the
CRA. Council must pass a resolution establishing the CRA which cites
the housing survey and designates a housing officer and housing
council. The memorandum outlined specific options for abatements as
well as publication and review requirements and the need to negotiate
aspects of the CRA with the impacted school board.
Mayor Murray presented
letters received from Exxcel Project Management which is moving
forward on the purchase of the American Motor Coach property at 1400
Dublin Rd. Mayor Murray reported he has spoken with Mr. Reardon of
Exxcel and he is interested in making application for abatement under
a CRA as well as purchasing the Village owned property on Cardigan
Ave. Exxcel would like to move forward as quickly as possible.
Mr. Cincione moved the
Mayor and the Solicitor be instructed to perform a housing survey and
complete all steps necessary to establish a CRA and present the
housing survey and the required resolution for Council consideration
at the April 21, 2008 regular Council meeting. Mr. Sterneker seconded.
The motion passed unanimously.
Mr. Banchefsky
reported an attorney in his office is representing Exxcel and stated
his concern that the representation could present a conflict of
interest. He stated he can establish a “Chinese wall” to ensure there
is no sharing of files between his office and Exxcel’s attorney at SZ&D.
Mr. Cincione moved the Mayor be authorized to
sign a waiver of conflict of interest to allow continued
representation of the Village of Marble Cliff by Mr. Banchefsky and
Schottenstein, Zox and Dunn related to the establishment of a CRA and
negotiations with Exxcel Project Management contingent upon Exxcel
Project Management’s agreement to sign a similar waiver. Mr. Roark
seconded. The motion passed unanimously.
Mr. Cincione moved
the Council give the Mayor and the Solicitor authority to begin
negotiations with Exxcel Project Management pursuant to their two
letters to the Village of Marble Cliff dated March 17, 2008 regarding
the development of the property at 1400 Dublin Road, the possibility
of property tax abatement on the property and the possible purchase of
Village owned property on Cardigan Ave. Mr. Sterneker seconded. The
motion passed unanimously.
Council discussed the process for facilitating resident
input to the discussion of the CRA and the possible sale of Village
property. Council decided to notify the community of the next meeting
where Exxcel will be making a presentation and the CRA will be
discussed.
Council decided to obtain an appraisal of the Village
property on Cardigan Ave.
ADMINISTRATIVE
ASSISTANT’S REPORT
The following building permits were issued in February:
MC-2008-02 Clonan
Inc., 2033-2037 West Fifth Ave., Brad DeHays, building permit ($5000);
permit $25.00, plan exam $170.00, inspections $300.00, tax $14.85
Paid $509.85
MC-2008-04 Anderson, 1585B Arlington Ave., Sayre Heating and Cooling,
HVAC permit ($4800); permit $25.00, inspection $50.00, tax
$.75 Paid $75.75
MC-2008-05 Clonan Inc., 2033-2037 West Fifth Ave., Ohio Pro Electric
LLC, electrical permit ($400); permit $25.00, inspections $100.00, tax
$3.75 Paid $128.75
MC-2008-06 Trinity United Methodist Church, 1581 Cambridge Blvd., Fire
Guard, Inc., Fire suppression permit ($206,500); permit $25.00, plan
exam $127.50, inspections $300.00, tax $13.58
Paid $467.08
APPROVAL
OF MINUTES AND BILLS
Ms. Jewel moved approval of the minutes of the February 18, 2008
regular meeting and the February 27, 2008 special meeting. Mr.
Studebaker seconded. The motion passed unanimously.
Mr. Studebaker moved approval of the March 2008 bills
totaling $59,215.62.
Ms. Jewel seconded. The motion passed unanimously.
FISCAL
OFFICER’S REPORT
The financial statements for February 2008 were presented.
Mr. Cincione moved acceptance of the February 2008
financial statements. Mr. Roark seconded. The motion passed
unanimously.
The Village income tax report was submitted. Gross receipts for March
2008 were $52,867.75.
Ms. McKay requested approval to purchase a fire proof filing cabinet.
Mr.
Studebaker moved approval of the purchase of a fire proof filing
cabinet for the Fiscal Officer’s office. Ms. Jewel seconded. The
motion passed unanimously.
The following correspondence was received:
1.
Franklin
Cty EMA re outdoor warning siren
2.
E-mail
and newspaper article from Dave Pritchard re economic development
3.
E-mail
and newspaper article from Bob Sohovich re utility dispute case
OLD
BUSINESS
Mayor Murray introduced the third reading
of O-2163-08, An Ordinance eliminating outdated code references
by repealing Section 150.02, increasing fees for swimming pools and
variances by amending Sections 154.078 and 154.997(A) and adopting by
reference the Grandview Heights fee schedule for Plans Examination
Fees, Building Permit Fees, Plumbing Permit Fees, Commercial Plumbing
Fees, Heating and Ventilation Fees, Refrigeration; Heat Pump Permit
Fees, Electrical Permit Fees, Reinspection Fees, Additional Fees by
repealing and replacing Section 154.997(C) of the Code of the Village
of Marble Cliff and declaring an emergency.
Mr. Roark moved the adoption of O-2163-08. Mr. Cincione seconded. The
motion passed unanimously. Mr. Roark moved
O-2163-08 be effective
on May 1, 2008. Mr. Cincione seconded. The motion passed unanimously.
Mayor
Murray introduced the third reading of O-2164-08, An Ordinance
amending Section 154.079 (J) (fences) of the Code of Ordinances of the
Village of Marble Cliff, Ohio. Mr. Cincione
moved the adoption of O-2164-08. Mr. Sterneker seconded. The motion
passed unanimously.
Mr. Studebaker reported he and Mayor Murray met with
Grandview Heights Mayor Ray DeGraw and the Grandview Council President
to discuss renewal of the service contract. Although negotiations are
ongoing, Mr. Studebaker stated he anticipated the contract will be
approximately a 3% increase over the 2007 contract with some increase
of hourly fees as well. The contract, when negotiated, will be
retroactive to January 1, 2008.
NEW
BUSINESS
Mr. Johannes
presented a quotation from Ahlum and Arbor to apply fungicide spray to
the crabapple and hawthorn trees in the Village’s tree lawns. Council
approved the quotation and instructed Mr. Johannes to contact Ahlum
and Arbor to schedule the work
The Village Hall has
been notified that COTA is considering installing a bus shelter in
front of 2200 W. Fifth Ave. Mr. Johannes is gathering additional
information and will report to Council.
EXECUTIVE SESSION
Mr. Studebaker moved Council adjourn into executive session to discuss
Village employee compensation as permitted under ORC 121.22(G)(1). Mr.
Cincione seconded. Roll call: Mr. Studebaker, yes; Mr. Cincione, yes;
Ms. Jewel, yes; Mr. Kukura, yes; Mr. Roark, yes; Mr. Sterneker, yes.
The motion passed unanimously.
Mr. Cincione moved Council adjourn out of executive
session into public meeting. Mr. Studebaker seconded. The motion
passed unanimously
NEW BUSINESS – CONT.
Ms. Jewel left the meeting at this point.
Mr. Studebaker moved salary compensation for Village
staff be increased 4% effective April 1, 2008. Mr. Roark seconded. The
motion passed unanimously.
ADJOURN
Mr. Roark moved the meeting be adjourned. Mr. Kukura seconded. The
motion passed unanimously. Mayor Murray adjourned the meeting at 9:40
PM.
Approved
by:
Submitted by:
Kent E. Studebaker
Cynthia A. McKay
Council President Pro Tem
Fiscal Officer
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