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REGULAR COUNCIL MEETING OF DECEMBER 19, 2011 

The regular, scheduled meeting of the Council of the Village of Marble Cliff was called to order on Monday, December 19, 2011 at 6:15 pm at 1600 Dublin Rd. All members of Council, the Village Solicitor, and Village Engineer were present to tour the building. Following the tour, Mr. Sterneker moved the meeting be closed to reconvene at 1581 Cambridge Blvd. Mr. Roark seconded and the motion passed unanimously. 

The regular, scheduled meeting of the Council of the Village of Marble Cliff was reconvened on Monday, December 19, 2011 at 1581 Cambridge Blvd. – Trinity Methodist Church - at 7:00 pm.  Those in attendance were: Council Members: David. T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, and Fiscal Officer, Cynthia McKay. Visitors and press were present. 

Mayor Studebaker reported on Council’s tour of the former NiSource property at 1600 Dublin Rd. 

VARIANCES AND PERMITS

            Mayor Studebaker presented proposed sign permits for the building at 1600 Dublin Rd. He also presented an email from Mr. McFarland recommending the permits be approved. Mr. Cincione moved approval of exterior wall and ground sign permits for 1600 Dublin Rd. Mr. Kukura seconded. The motion passed unanimously. 

OLD BUSINESS

            Mayor Studebaker introduced the third reading of O-2314-11, 2012 ANNUAL APPROPRIATION ORDINANCE.

            Mr. Kukura asked if the appropriation ordinance reflects any adjustments related to the ongoing service contract discussions. Ms. McKay stated that no adjustments had been made, but the ordinance can be amended in the future.

            Mr. Cincione asked Mr. Banchefsky if approving the appropriation ordinance could be interpreted as tacit or implicit authority to the Mayor to do something not approved by the Council. Mr. Banchefsky stated, “None, whatsoever.” Mr. Cincione asked if the Mayor would have authority to contract for solid waste services without Council approval under his authority to provide for the health and safety of the residents. Mr. Banchefsky stated the Mayor has no such authority. Mr. Roark moved the adoption of O-2314-11. Ms. Troiano seconded. The motion passed unanimously.  

            Ms. McKay presented a summary of the expenses related to the annual Holiday Party. The bill for the poinsettias has not been received. The report included a summary of how “leftovers” were distributed and a tally of RSVP’s received.                          

            Mayor Studebaker introduced the third reading of O-2316-11, An Ordinance adopting a contract for Police, Emergency Medical and Fire Prevention and Suppression Services, Recreational Facilities, Solid Waste Collection, Maintenance Services, and Other Public Services with the City of ________________, Ohio, and directing the Mayor to sign the contract.

            Mayor Studebaker stated in order to pass the ordinance 4 members of Council will need to approve the ordinance and he reminded those present that Mr. Cincione would be abstaining from discussion of and vote on O-2316-11. Mayor Studebaker opened the floor for members of Council to comment.

            Mr. Roark suggested that it would be helpful for Council members to share their position on the two options being considered for the Village service contract. Mr. Roark stated he has heard many comments from the community, especially from those in favor of retaining Grandview Heights (GH) to provide Village services. Mr. Roark stated that the quality of services provided by GH is excellent and that is not in question in the Council’s decision process. He stated he has lived in MC for 18 years and has two children who attended and graduated from the GH schools. Mr. Roark expressed his opinion that it is the schools and the community activities which tie GH and MC together and not the service contract. He also stated his opinion that Council’s first obligation is to the Village and its residents – not only current residents, but also future residents. Mr. Roark stated that a service contract with Upper Arlington (UA) represents an unknown and it is not unusual for people to fear change, but he believes that it is unfair to suggest that UA cannot provide the level of services expected by the residents of MC. Therefore, Mr. Roark stated, he would favor awarding the service contract to UA. 

            Ms. Siefkas stated her support for awarding the service contract to UA because the decision would be in the best interest of the Village now and in the long term. She stated that the question before the Council is not one of quality; GH has provided very high quality services through the years. She stated that if all else were equal; she would be in favor of continuing to contract with GH, but the decision will impact the sustainability of the Village as an independent community.  She also stated her concern that, if the Village does not address financial challenges now, the Village will be forced to significantly raise taxes which could drive residents out of the community and discourage people from moving into the community. The UA proposal offers value for the Village’s dollar and high quality services and extras. Ms. Siefkas stated that, if safety were jeopardized, she would not support the move to UA services, but that is not an issue. She stated her belief that UA services would be comparable to GH services in quality.

Ms. Siefkas also stated that MC residents have supported Council action to compare costs when considering expenditure of Village money. She stated MC has received two, high quality proposals and she supports awarding the contract to UA because that choice will allow the Village to continue to improve MC’s fiscal position without limiting services or immediately increasing taxes. 

            Mr. Kukura asked if the ordinance under consideration has the same language as adopted in the past. Ms. McKay confirmed that the language is the same. Mr. Kukura suggested the ordinance language should be amended to require the contract to be brought back to Council for approval after a final contract is negotiated.

            Mr. Kukura stated he has not lived in MC for very long, but has two young children in GH schools and plans to live in the Village until his children graduate from GH schools.  Mr. Kukura stated that he enjoys the quaint nature of the community and his intention is to maintain that quality. He stated that the Village financial forecast shows MC solvent through 2016. Mr. Kukura said the Village is not in a financial crisis and there is not a need to make a change in the services provider at this time. He stated that UA has excellent police services, but the difference in size and life style between UA and GH will make it difficult for UA to provide the level of all services currently provided by GH to MC.

Mr. Kukura stated his opinion that, regardless of the decision made, MC may have to raise taxes to ensure financial stability. He stated his opinion that the price difference is not worth the change and he will support continuing to contract with GH for Village services. 

            Mr. Sterneker stated he believes that it is important to listen to the people and what they want. The majority of people he has heard from support retaining GH for Village services and Council should listen to those opinions. He stated he is concerned about the Village’s financial health, but believes that the changes which Council has made and the improvements in occupancy of Village business buildings is positively impacting MC financial situation. Mr. Sterneker stated that, when residents expressed to him their desire to remain with GH, he cautioned them that the choice might require residents to pay for the services through fees or additional taxes. He reported no one he spoke with said “no” to the possibility of fees or increased taxes. Mr. Sterneker stated that residents want to stay with GH services and he will support awarding the service contract to GH. 

            Ms. Troiano stated that she is basing her position on several points. She stated she is tied to GH through her family and long term residency in GH and MC. She also stated she is tied to GH through her father-in-law who was GH Service Director for many years. Ms. Troiano stated it has been difficult to make a decision given the many relationships she has with people in GH and UA. Ms. Troiano stated her opinion that the question is one of money, but not only money. She confirmed that GH provides wonderful service and MC officials and residents have excellent relationships with GH service providers.  Ms. Troiano stated her opinion that the MC residents are giving GH all the credit for those services and relationships and are not recognizing the active part MC officials and staff play in creating and maintaining the services and the relationships with GH. She stated that she is concerned about keeping the taxes low to attract home owners and businesses. Ms. Troiano stated that to keep the Village financially sound and independently viable now and in the future she will support awarding the service contract to UA. 

            Mr. Sterneker stated he is concerned that moving the service contract to UA and forcing residents to pay non-resident rates for GH Parks and Recreation will impact families that have children participating in activities with their school friends and GH playmates. He stated he would prefer to put money toward the cost differential of remaining with GH. 

            Mr. Kukura stated that if MC awards the service contract to UA, GH will need to identify ways to raise revenue and could significantly increase non-resident rates for Parks and Recreation activities. He reminded Council that 115 people signed a petition asking the Council to award the service contract to GH believing that signing the letter was as good as writing a letter to express their position. Mr. Kukura stated the GH police visit the 4^th graders at GH schools to meet and get to know the students. He expressed concern about whether the UA police would get to know MC children in a similar way. He stated his opinion that awarding the contract to UA and sending MC children to UA activities will further separate GH and MC which would be a loss for both communities. 

            Mr. Roark stated he is concerned that continuing with GH will make MC permanently linked to GH’s budget and subject to what GH’s Council believes it can “extract” from MC. MC’s Council needs to make hard financial decisions to care for MC. He reiterated his opinion that relationships between people in MC and GH are not based on the service contract. He stated that “as a business model” to insure the long term financial health of the Village the UA proposal is the better option. 

            Mr. Sterneker stated his opinion that the current differential between the GH and UA proposals is $57,000 per year. When annual “billables” of approximately $25,000 are added to the differential the resulting additional “cost” per MC household is $350 per year. He stated his opinion that the difference is not worth risking the unknown of UA service level and quality. He also stated that MC does not hire the least expensive legal counsel or engineering, but rather looks for quality services that reflect the expectations of Village Officials and residents.  

            Ms Siefkas stated Council has heard from vocal residents who are, for the most part, property owners. She said we have not heard from almost half the Village population that rent or lease their homes in the Village. Any increase in taxes will ultimately be passed on to those residents in rent. She also stated that 1/3 of the Village population is 65 or older and higher taxes might create a burden for those people and reduce their willingness to support future school levies. She stated that Council represents those people as well and must consider the impact of their decision on renters and older residents. 

            Mayor Studebaker reminded Council that some items listed as “billables” in the GH proposal are considered part of the base cost in the UA proposal. Snow plowing is included in the UA base proposal while the GH base proposal does not include $15,000 to $17,000 each year in snow plowing. Mayor Studebaker stated the UA proposal also offers services that could reduce MC’s Mayor’s Court costs. 

            Mr. Kukura stated that many of the renters are students and transient residents that the Council represents, but he believes long time residents comments should be weighed more heavily in the decision. Mr. Kukura stated MC is not going to run out of money anytime soon. He also stated 1600 Dublin Rd. will bring in revenue and stabilize Village revenue. He stated his opinion that MC should continue to contract with GH and allow the Village’s revenue to continue to stabilize. Mr. Kukura stated that lending institutions approached during the process of refinancing the bond considered the long term financial health of the Village and were willing to offer the refinancing at a low interest rate. If they had considered the Village a risk, the interest rate offered would have been higher. 

            Ms. Siefkas stated that if MC continues to overspend on the service contract there will be other projects that the Village will not be able to afford. 

            Mr. Kukura stated that a change to UA would not significantly impact fire protection services. He said the police service will be slightly different and the trash and solid waste services will be significantly different. He stated that Rumpke would not provide the same “extra eyes” for the police department that the GH services provide. Mr. Kukura stated that the Village Hall is only staffed in the morning and if there is a problem residents are comfortable contacting GH, but would not be comfortable calling Rumpke. He stated that the services provided by GH create a sense peace of mind when he is traveling. 

            Mayor Studebaker stated the geography of the area plays a role in the decision. GH and MC are two municipalities with one school district. The area actually is made up of GH, MC and the City of Columbus. The schools are an important part of the community, but the communities have their own interests that have to be attended to. Mayor Studebaker pointed out that MC is being asked to consider the impact of their decision on GH’s budget situation. But not many people have asked who is going to fill the hole in our budget? Where is our white knight? He stated MC has to be primarily concerned with balancing the sentiment of the community with the budget issues facing the community. 

            Mr. Kukura moved Ordinance O-2316-11 be amended to remove the language in the title and section 1 directing the Mayor to “sign the contract” and replace it with language instructing the Mayor to “negotiate the contract and bring the contract to Council for approval.” Mr. Roark seconded the motion to amend. Mr. Banchefsky stated amending the motion requires only 3 votes to approve the amendments, but 4 votes are required to approve the Ordinance. The motion passed unanimously.  

            Mr. Roark moved Ordinance O-2316-11 be amended to designate the “City of Upper Arlington.” Ms. Siefkas seconded the motion to amend. The motion passed 3 in favor, 2 opposed. 

            Mr. Roark moved approval of amended Ordinance O-2316-11, An Ordinance adopting a contract for Police, Emergency Medical and Fire Prevention and Suppression Services, Recreational Facilities, Solid Waste Collection, Maintenance Services, and Other Public Services with the City of Upper Arlington, Ohio, and directing the Mayor to negotiate the contract and bring the contract to Council for approval. Ms. Troiano seconded. The Council requested a roll call vote: Mr. Roark, yes; Mr. Kukura, no; Ms. Siefkas, yes; Mr. Sterneker, no; Ms. Troiano, yes. Mr. Cincione abstained. The Ordinance did not pass. 

            Mayor Studebaker explained the options for moving forward. The Council could continue debate and discussion. An individual voting on the prevailing side could move to reconsider the Ordinance and vote with the name of GH amended into the reconsidered Ordinance. Mr. Sterneker suggested Council move to other business and continue to address the service contract at a future meeting. Council concurred. Mayor Studebaker thanked all who have participated in the process to date and said the next opportunity for Council to work on the process will be the regular January 2012 Council meeting. 

            Mayor Studebaker introduced the third reading of O-2317-11, An Ordinance adopting a contract for Solid Waste Collection with ______________________, and directing the Mayor to sign the contract. Mr. Cincione expressed concerns about aspects of the Rumpke contract that would allow certain costs to escalate over the course the five year contract. He stated that, if MC’s financial situation is as dire as has been suggested; the Village should limit the cost of solid waste collection to curb side service only to save collection costs.

Ms Troiano stated the Village asked for services as close as possible to what GH provides. Ms. Troiano pointed out that all three proposals received by the Village offer curb side service. She agreed that the Village should consider the lower cost option. Mayor Studebaker pointed out that there is very little difference in cost between the proposals for GH and Rumpke for carry-out service. He reminded Council that GH was asked to provide the quote for solid waste collection separately but declined to do so. Mayor Studebaker noted that the RFP process has allowed MC to identify truer market costs for the services required by the Village. Mr. Cincione stated he has been very pleased and impressed with the participation of the community in the service contract and solid waste collection contract process.

            No action was taken. 

            Mayor Studebaker introduced the second reading of O-2320-11, An Ordinance providing for additional legal counsel for the Village of Marble Cliff, Ohio, authorizing the employment of assistants in connection with the prosecution of criminal and traffic cases in the Municipal Court of Franklin County, Ohio, setting compensation of said assistants, and authorizing the Mayor to enter into a contract with the City Attorney of Columbus, Ohio, to accomplish such purposes. Council discussed options for prosecutorial services. Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2320-11. Ms. Troiano seconded. The motion passed unanimously. 

CONSENT AGENDA

Mr. Roark moved acceptance of the Consent Agenda. Mr. Sterneker seconded. The Consent Agenda was approved unanimously.

MAYOR’S REPORT

Mayor Studebaker had no report for Council. 

ENGINEER’S REPORT

Mr. McFarland had no report for Council. 

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council. 

ADMINISTRATIVE ASSISTANT’S REPORT

No report for Council. 

APPROVAL OF BILLS

Mr. Kukura moved approval of the December 2011 bills totaling $73,978.91. Ms. Troiano seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT

Mr. Sterneker moved approval of the following supplemental appropriation: $250.00 from 1000-130-311-0000 to 1000-190-399-0000 for underground utility location services. Mr. Kukura seconded. The motion passed unanimously. 

Ms. McKay presented a proposed schedule for 2012 regular Council meetings holding the meetings on the third Monday of each month.

Mr. Roark moved approval of the proposed 2012 regular Council meeting schedule. Mr. Kukura seconded. The motion passed unanimously. 

Mr. Roark moved the Fiscal Officer be instructed to process and pay all routine bills received prior to year end. Ms. Troiano seconded. The motion passed unanimously. 

Mr. Roark moved the approval of a payment of $250.00 to Trinity Methodist Church for use of the church’s facility for two November Council meetings and two December council meetings. Mr. Kukura seconded. The motion passed unanimously. 

NEW BUSINESS

            Mr. Cincione suggested Council hire a consultant to perform an independent financial review for the Village and assist in long range financial planning. He noted that it has been over 10 years since the Village hired Wade Steen to perform such a review at the time when the purchase of the Tarpy Woods was under consideration. He stated a consultant could provide the Village with additional information about options that would improve the Village’s financial position. Mr. Roark asked for a better definition of what

Mr. Cincione is suggesting. Mr. Cincione suggested a consultant might be able to better identify the business potential of the Village and refine the assumptions that are being made regarding long term budgeting and financial projections. Ms. McKay stated she would welcome any assistance that Council believes would be helpful. Mr. Kukura confirmed that revenue projection is very difficult and a consultant would be helpful. He stated a consultant might also be able to identify the level of property tax increase that might be required to fund the Village. Mr. Kukura also pointed out that after the bond is paid off in 9 years, the Village will enjoy a significant reduction in expense. Mayor Studebaker stated the Village cash reserves have had an impact on the Village’s ability to refinance its bond and obtain OPWC grants and loans. He asked Council to review the long range plans for major capital expenses that the Village will have to undertake.

Ms. Troiano stated that the Village may have to consider directly hiring companies or individuals to perform Village services rather than outsourcing the work. She said that option could be part of the options a consultant might investigate. Ms. Siefkas commented that the Village is also going to have to investigate options within the Tri-Village area for additional cooperation between municipalities.

Mr. Cincione moved the Mayor be asked to identify financial and/or planning consultants who would be able to review the Village’s short term and long term financial position and identify opportunities to increase revenue and/or reduce expenses. Mr. Kukura seconded. The motion passed unanimously.    

            Council asked the Fiscal Officer to make the Wade Steen report available to Council for review. Council also suggested that the Fiscal Officer continue to provide detailed financial information on a regular basis. 

            Council thanked Mr. Sterneker for his work putting up and maintaining the holiday lighting display. 

            Mayor Studebaker reported the three re-elected officials will be sworn into office individually as their schedule permits.   

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Sterneker seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 9:00 PM. 

Approved by:                                                               Submitted by:

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                           Fiscal Officer

SPECIAL COUNCIL MEETING OF DECEMBER 14, 2011 

A special meeting of the Council of the Village of Marble Cliff was held Wednesday, December 14, 2011 at 1581 Cambridge Blvd. – Trinity Methodist Church - at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Administrative Assistant William Johannes, and Fiscal Officer Cynthia McKay. Approximately 50 visitors and press were present. 

            Mayor Studebaker opened the special meeting by welcoming those in attendance and stating the evening’s discussion would constitute the second reading of O-2316-11, An Ordinance adopting a contract for Police, Emergency Medical and Fire Prevention and Suppression Services, Recreational Facilities, Solid Waste Collection,  Maintenance Services, and Other Public Services with the City of __________,     Ohio, and directing the Mayor to sign the contract.

            Mayor Studebaker also stated the evening’s discussion will stand as the second reading of O-2317-11, An Ordinance adopting a contract for Solid Waste Collection with ______________________, and directing the Mayor to sign the contract.   

            Mayor Studebaker stated that the Council would observe the rule requiring a minimum of three readings of a legislative action and, therefore, no action would be taken on the two ordinances at the evening’s meeting. Both items will receive their third reading at the regular Council meeting on December 19, 2011.

            Mayor Studebaker summarized the process to date including efforts in 2010 to identify ways to increase Village revenues and reduce costs. He explained the process to obtain bids through SWACO for solid waste collection followed by the Request for Proposal (RFP) process to collect proposals for provision of Village services. Mayor Studebaker explained the steps taken to finalize the RFP’s. Attendees were given a financial summary of the RFP responses.

            Mayor Studebaker stated representatives of Grandview Heights (GH) and Upper Arlington (UA) would be given an opportunity to address Council to highlight aspects of their responses. He stated there would be an opportunity to ask questions of the two communities and the attendees would have the opportunity to address Council and ask questions. Mayor Studebaker asked that those interested in speaking to sign the “Request to Speak” sheet. He also asked that those who have spoken to Council before who do not have new information to share to hold comments in the interest of limiting the time and length of the meeting.

            Mayor Studebaker stated that since the last meeting the Village Hall has received six public contacts regarding the service contract; three in favor of remaining with GH and three in favor of contracting with UA. Mayor Studebaker also read a cover letter attached to petitions with “over 115 signatures” supporting renewal of the service contract with GH. The heading of the petition stated, “Citizens Petition to the Marble Cliff Village Council to Renew the Services Contract with Grandview Heights. We support renewing the Grandview Heights Service contract for three additional years. We recognize that Grandview Heights has provided us with decades of outstanding services.” The cover letter was signed by Mary Hayes, Lynda and Rich Murray, JoAnn and Greg Taylor, and Ralph and Joan Talmadge.

            Mayor Studebaker explained that Council Member Matt Cincione was present, but not seated at the Council table. He is abstaining from discussion and vote on the service contract proposals because of a conflict of interest. Mr. Cincione’s abstention does not alter the requirement that the ordinance authorizing the Village to enter into a service agreement will require 4 votes in favor.

            Mayor Studebaker reported UA and GH both responded to the Village’s second Request for Proposal (RFP), submitting their proposals in compliance with the Dec. 5, 2011 deadline established by the Village. He explained that UA does not provide solid waste services so, in the interest of a balanced comparison, the Village has included the cost of the bid received through SWACO from Rumpke added to the proposal from UA. Mayor Studebaker explained the contents of the handout provided to attendees summarizing the two communities’ proposals.

            Mayor Studebaker stated UA and GH would each be given 15 minutes to present their proposals to the Council. Mr. Banchefsky selected the first speaker by pulling a name out of a bowl. UA was selected as the first presenter.

            Ted Staton, City Manager for UA, presented the UA proposal. Mr. Staton first introduced Joe Valentino, Assistant City Manager, Emma Speight, Media Affairs Director, Brian Quinn, UA Police Chief, and Jeff Young, UA Fire Chief.

            Mr. Staton reported that the officials and staff in UA worked very hard to prepare a proposal that would provide the residents of Marble Cliff with an exceptional level of service. He stated that the proposal was presented at the request of the Village and UA responded in good faith to the request. Mr. Staton stated his opinion that the initial UA proposal fully complied with the initial request and the request for an amended proposal. Mr. Staton stated his opinion that the UA proposal is superior to the GH proposal in cost and services. Further he stated and the proposal offers substantial savings to the Village and offers additional and supplemental services beyond the base services requested by the RFP that would be of great value to the Village.

            Mr. Staton stated UA has long enjoyed a positive relationship with the Village. UA Fire Department routinely provides mutual aid to both MC and GH. UA considers the residents of the Village to be their neighbors and the elected and appointed officials to be their partners. MC would not be just a “line item” in their budget. Mr. Staton stated that UA also considers GH to be neighbors and partners and have worked collaboratively with GH in a variety of ways. Mr. Staton stated that the current process will not impact or alter the way UA works with MC and GH and suggested that the process may even result in the identification of other ways the three communities can work together to the benefit of all.

            Mr. Staton summarized what he described as “the superior aspects” of the UA proposal. Those items included:

1.      Eight decades of excellent police services to the residents of UA. The UAPD is an international accredited police agency with 49 professionals. The UAPD provides a full range of police services including full investigation of crime, safety education, and a volunteer police program.

2.      Kind Call, Project Life Saver and Speed Monitoring services are available through UA.

3.      Mayor’s Court and legal support services including prosecution in Franklin County Municipal Court. The Court provides additional services such as juvenile diversion programs and probation monitoring.

4.      Eight decades of excellent fire services. The UAFD includes 54 fully trained professionals, 2 engines and 2 medic vehicles staffed twenty four hours a day and backup equipment. The UAFD also sponsors “Stay UA” that helps older residents stay independent in their homes and free Knox Box keying. Mr. Staton also stated that if UA is awarded the service contract they will install a signal system in the W. Fifth Ave. traffic lights that will allow fire equipment to change the signal to stop traffic on W. Fifth Ave. as emergency vehicles approach to cross into MC.

5.      Parks and Recreation has numerous facilities and over 600 recreational and educational programs.

6.      The Public Service Department provides full services including leaf pick-up, street and street light maintenance. Snow removal, salting and street sweeping are included in the base UA bid without extra billing.

7.      The Development Department is fully staffed for building review and inspections, permitting and architectural services.

Mr. Staton summarized the benefits of the UA proposal: 1) Lower costs; 2) Add-ons; and 3) additional services to the residents of Marble Cliff.

            Mr. Staton stated that in the current economic environment communities need to look at alternate ways to meet the challenges that face them. He stated UA would work quickly to put services in place and would reach out to Village residents to create rapport and offer a seamless transition in services for the community. He stated that UA has the highest bond rating available and enjoys financial stability.

Mayor Studebaker recognized Grandview Heights Mayor Ray DeGraw. 

            Mayor DeGraw stated he has been an elected official in GH for over 20 years and has participated in a number of service negotiations with MC over the years. He stated MC was always “poor” and GH was always trying to control costs and after negotiations, at least 4 members of each Council had to be convinced that good choices had been made. He stated this is the first time that the negotiations have reached this point and he is worried about the outcome. Mayor DeGraw stated MC and GH are two jurisdictions, but they are one community joined by schools and community activities and services.

            Mayor DeGraw introduced Pat Bowman, Economic Development Director; ob Dvoraczky, Finance Director; David Wood, Police Chief; Steve Shaner, Fire Chief and members of the GH City Council.

            Mayor DeGraw stated GH and MC face similar economic challenges and both communities are stronger when they work together. He suggested there are three areas of service where GH can provide superior services to the Village; police protection, fire services, streets and sanitation. He stated that the GHPD is also internationally certified as is the UAPD. Mayor DeGraw reported that GHPD provides 8.2 officers per square mile of jurisdiction and UAPD provides 5 officers per square mile of jurisdiction. He stated that GH police officers understand our community and know MC residents and MC children.

            The second area is the Sanitation and Street Department. The sanitation employees are the best representatives to the community. They know the people, they know what is going on; they are another set of eyes to the police department and they are truly committed to providing service excellence. Sanitation department employees routinely suggest ways to improve GH services to their residents and MC residents. The street maintenance services are excellent – particularly with snow removal.

            Mayor DeGraw stated the third area of superior services is the GHFD. He stated 5 professionals are always on duty and a minimum of 3 of the five are paramedics. GH makes fewer than 900 runs a year as compared to 1600 per station for UA, making GH more available. The GH Fire Captains are trained to act as Battalion Chiefs.  GH is one of two Ohio fire departments that meet the National Fire Prevention guidelines of responding to calls an average of 90% of the time in less than 6 minutes. GHFD’s average response time is 3.23 minutes from the time the call is received to arrival on the scene.

            Mayor DeGraw agreed that UA has more Parks and Recreation facilities and programs than GH. But he pointed out that MC residents want to participate with their friends, neighbors, schoolmates and playmates in the GH programs. Mayor DeGraw stated GH is continuing to work with other communities to improve and facilitate Mayor’s Court services. Mayor DeGraw pointed out the ongoing economic development activities in GH which benefit the GH schools. Both communities will be stronger and better if they work together to improve the GH schools. Mayor DeGraw summarized his presentation by stating that mayors answer to a lot of different people including residents, council members, and employees. He stated when a new employee is hired the employer is looking for a good fit. GH and MC are a better fit than UA and MC. He stated MC is part of the fabric of the entire community. GH has a proven record of providing excellent services to MC and the relationship between the two communities should be continued.

            Mr. Kukura asked for the population and area of both UA and GH. Officials from the two communities responded:      UA - 34,000 residents and 9.5 square miles;   GH – 6,700 residents and 1.7 square miles

            Ms. Siefkas thanked both communities for participating in the RFP process. She summarized some of the positive aspects of GH police protection as expressed by MC residents including the strong police presence in the Village, foot patrols, familiarity with our community and our children. She asked UA to speak to those aspects of UA police services. Mr. Staton stated that UA residents’ satisfaction with police and fire are “off the charts.” The police maintain a presence in schools and have a strong presence on the streets. Chief Quinn stated the police department deploys bicycle and walking patrols. The UAPD has also made use of Citizen Police Academy volunteers in unmarked cars to place additional observers on the street to assist the police department. He stated the UAPD is active in the “Walk Your Child to School” program with officers present in the 13 schools when appropriate.

            David Roark expressed that a change to UA services would have challenges and a learning curve would be part of the process for both communities. Mr. Roark stated that residents’ satisfaction with services is his major concern. He asked how UA knows their residents are satisfied with the services provided. Mr. Staton explained UA does periodic surveys to determine satisfaction and areas of concern with residents. The survey covers a wide range of public services, not only police and fire. The police and fire services are routinely rated very highly in the surveys. He stated other benchmarks are available.

Mr. Staton stated UA has a highly satisfactory rating by national FBI crime rating statistics.

Ms. Speight stated she has been personally involved with 3 community surveys during her time as Media Affairs Director for UA. The 2010 survey was part of the National Cities Survey. UA police and fire services ranked at the top the 3 areas for the services surveyed and compared to other cities which participated in the survey, UA rated “off the chart.”

            Ms. Troiano expressed that MC enjoys the ability to “pick up the phone” and be in contact with Chief Wood and Chief Shaner. Ms. Troiano asked what level of questioning on specifics is included in the surveys utilized by UA. She also asked if UA is aware of how many senior citizens are cared for through the UA programs. Ms. Speight stated the 2010 National Cities Survey included fairly general questions. However the survey which UA takes every three years is more community specific. Chief Quinn stated the survey is sent randomly to individuals who have had specific encounters with community officials including individuals who have received citations or have been arrested by UA police officers. He commented that even those people report a satisfactory experience with the City. Ms. Speight stated the Kind Call program is widely available for elderly and individuals with special needs . The participants receive a phone call every day and if they do not answer a process is started to check on them directly. Participants in the Kind Call program receive an annual visit from a representative of the police or fire department to check on the residents as well as the checking the smoke detectors in the home and identify any safety concerns. She also explained the “Stay UA” program through the UAFD. If the UAFD identifies a situation where an elderly resident is experiencing difficulties in their home they can arrange for the resident to work with the service coordinator to arrange for services that can help keep them safely in their home. She stated UA has a very high percentage of elderly residents when compared to other communities. Mr. Staton commented that the “Stay UA” program recently won a national award at the most recent International Cities Management Association Conference.

            Ms. Troiano asked how UA would begin to develop relationships between MC residents and the fire and police departments. Mr. Staton stated the standard communications tools including a presence in the Village, door to door contact as well as community meetings to provide an opportunity for getting familiar and acquainted. Meetings would include having the MC residents meet the UA safety officials with which they are most likely to come in contact.

            Mr. Sterneker stated one of his concerns with police protection is related to the number of children who walk to and from school activities, especially in the evening. He asked if the residents and children would see the same level of a police presence by UA as we have with GH during those hours. Mr. Staton stated the intent of the proposal is to provide the same level of services from UA as have been received from GH. Chief Quinn stated UA schedules a minimum of 5 officers and 1 supervisor 24 hours a day, 7 days a week. Mr. Sterneker asked if the patrols are assigned to a specific area. UA keeps a patrol in each of the identified sections of the jurisdiction, but back-up from the central areas and, if the situation requires, from all areas is available 24/7.

            Mr. Kukura stated his appreciation that the communities are trying to identify opportunities to work together and enjoy the financial benefits of shared services. Mr. Kukura asked about the UA Fire stations and equipment. Chief Young explained UA has two fire houses – one (Station 72) on Reed Rd. immediately north of Hastings Middle School and one (Station 71) on Arlington Ave. across from Jones Middle School. Station 71 houses an engineer rescue (pumper truck) and a medic vehicle. Station 72 houses the ladder truck and a medic vehicle as well as the battalion chief and the training and EMS staff.

            Mr. Kukura asked for an explanation of “Project Life Saver.” Ms. Speight explained that the program is designed to aid individuals with conditions such as Alzheimer ’s disease. The program provides a monitoring device that aids in locating an individual who may be lost or has wandered away from home or a care giver.

Mayor Studebaker shared a number of questions received from residents

1.      To Grandview Heights – How would MC moving the service contract to UA impact GH personnel? Mayor DeGraw stated the service personnel are investigating options for increasing revenue by serving more commercial locations. He stated that the MC contract represents approximately 6% of their budget and that loss would have to be made up in some fashion yet to be determined. Mr. Bowman stated that GH would probably have to go to the voters for additional tax revenue.

2.      If the contract is awarded to UA would our residents and children be treated as non-residents in GH Parks and Recreation facilities and programs? Mr. Bowman said that the policy would have to be looked at and a decision made.

3.      The original RFP response included a fee for Parks and Recreation. Is that fee included in the revised RFP response? Mayor DeGraw stated it isn’t really a fee but the cost of providing recreational areas to the schools. So the amount included in the proposal is mutual support of the schools by GH and MC. He suggested the communities and schools might form a group to identify park and recreational requirements for the community and the schools; then identify ways of funding those requirements.

4.      To Upper Arlington – If the service contract is awarded to UA, is there adequate staffing in place or would additional man power be required? If so, how does UA plan to meet staffing needs? Mr. Staton stated that staff has discussed the question and they have determined that additional staff could be hired, but a better solution would probably be to make use of overtime to meet needs. 

Mayor Studebaker opened the floor for attendees who signed the “Request to Speak” form. 

            Steve Reynolds, GH Council President, expressed his thanks for the opportunity to speak. He stated GH has provided excellent services for many years. The communities are connected through schools, activities and geography. Mr. Reynolds stated GH is very interested in continuing to provide services and his opinion that GH and MC are better and stronger together. 

            Linda Johnson expressed her concern that UA officials may experience fatigue if forced to work overtime. Ms. Johnson stated that she lives in MC, works in GH, and attends church and shops in UA. She stated she regularly sees police patrol cars as she moves between the GH and MC but, when going through UA she rarely sees police vehicles except at North Star at Doone Rd. and north of Lane Ave. Ms. Johnson asked how many patrol cars does UA have and how many does GH have? She stated her second question is about snow removal. She said friends in UA have reported that secondary streets receive plowing and salting for the first snow fall of the season, but after that plowing and salting does not occur on a timely basis. What is the UA street plowing plan? Mr. Valentino said he was surprised to hear the complaint and asked if Ms. Johnson would provide the resident’s name so he can make a contact to gather additional information. Mr. Valentino explained the policy is that streets are plowed within 24 hours of a snow fall. Streets surrounding schools are plowed first, then main roads and then secondary roads. Mayor DeGraw stated that GH has the same policy, but GH has fewer road miles to attend to. Chief Quinn stated UA has 12 patrol cars along with unmarked vehicles and supervisor and special vehicles. Chief Wood stated GH has 7 vehicles and 3 officers on the road at all times. 

            Ashley Troiano stated her family is made up of multi-generational GH and MC residents. Family members are graduates of the GH schools and her grandfather was the GH service director for 55 years and had a wonderful experience growing up in the community. She stated she has lived in UA. She expressed her opinion that it would be unfair not to award the contract to UA and the lower cost and excellent services of UA would be in the best interest of MC. 

            Ken Frick stated the level of services provided by GH is excellent, but the service contract is a fiscal issue not a school issue. He stated GH has received a 5% increase each year in the last contract. Mr. Frick stated the Village cannot financially sustain that rate of increase and he expressed his concern that the ongoing costs, if not contained, will result in the end of MC as an independent community and the sign of Dublin Rd. will read “Welcome to Grandview Heights” within his lifetime. Mr. Frick expressed his opinion that MC should contract with UA and enjoy the savings provided and avoid additional taxation of residents and businesses. 

            Mike Martina stated he has been a MC resident for over 50 years and the fire and police response time is wonderful. He asked the location of the nearest UA fire and medic units. He stated GH has fabulous facilities for our children and the services provided by GH are excellent. He stated his opinion that it would be a mistake to move the service contract to UA. Mr. Staton stated the nearest fire and medic units are at the Arlington Ave. station which is .7 of a mile away from W. Fifth Ave. 

            Liz Koelker, GH Council Member, stated fees for services in GH are lower for building permitting and inspection – residents will be shocked by the difference in cost. She also provided her calculation that the cost difference between the GH and UA proposals is $.35 per day per resident. She stated MC would be taking a big risk for very little money. Ms. Koelker expressed her opinion that the community is really not two separate communities, they are collaborative communities that need to be working together to remain independent. Mayor Studebaker stated that building permit fees and inspection fees are established by MC not by any other community. It is not MC’s intention to become part of any other community, but to remain independent and fiscally responsible for MC. 

            Ken Ellis stated he is happy with the long relationship between MC and GH. He provided his calculation that the cost differential between the two communities’ proposals is equal to less than $100 per person per year. He stated MC should consider increasing revenue to insure financial well being. Mr. Ellis stated his opinion that residents are willing to pay for the privilege of living in a small community. 

            Rick Day stated most of his families activities are centered in GH. He stated his opinion that investment should be made in the community he “lives and plays in.” 

            Anthony Panzera, GH Council Member, stated MC moving the service contract to UA would have a deep impact on GH and re-engaging in GH services at the end of a contract with UA may not be simple if GH has made staffing adjustments. 

            Bob Dvoraczky, GH Finance Director, stated he enjoys working in a small community with a personal touch. He stated that in a small community there is positive peer pressure among employees to provide excellent services. Mr. Dvoracsky stated that losing the MC service contract would negatively impact both communities because of the significant financial impact on GH. He also offered his expertise to MC to assist in budgeting and long range planning. 

            Rick Mathias, GH resident, stated his opinion that MC will be a small fish in a large pond with UA and will not get the attention that it enjoys now from GH. 

            Nate Rosenstein stated the issue is about MC not GH. The relationship with GH is not based on the service contract but in the schools and the relationships that grow out of the schools between children and adults. He stated his opinion that MC faces a serious financial situation and the Council should make the best financial decision for MC to ensure that MC has a future. 

            Mayor Studebaker thanked all the attendees and speakers. He summarized that the Village Officials plan to continue to work to address the financial issues that face the community and make a decision regarding the service contract. 

            Mayor Studebaker invited Mr. Staton and Mayor DeGraw to make any final comments. Mr. Staton stated MC has received UA’s best efforts in the submitted proposals and expressed his thanks for the opportunity to present the proposals and answer questions.

            Mayor DeGraw stated the 5% increase in the service contract over the past three years was coming off “three 0% increase years” and the increase over 6 years is not as significant. He also thanked Council for the opportunity to present their proposal and answer questions.  

ADJOURN

Mr. Sterneker moved the meeting be adjourned. Ms. Troiano seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 8:55 PM. 

Approved by:                                                               Submitted by:

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                           Fiscal Officer

REGULAR COUNCIL MEETING OF NOVEMBER 21, 2011 

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, November 21, 2011 at 1581 Cambridge Blvd. – Trinity Methodist Church - at 7:00 pm.  Those in attendance were: Council Members: David. T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, William Johannes, Administrative Assistant and Fiscal Officer, Cynthia McKay. Visitors and press were present.

CONSENT AGENDA

Ms. McKay reported that the October financials include the semi-annual settlement of estate taxes. Mayor Studebaker reminded Council that estate taxes have been eliminated by the state and, except for estates which have not been settled and closed, the Village will not receive estate taxes in the future. Mr. Roark moved approval of the Consent Agenda. Mr. Sterneker seconded. The Consent Agenda was approved unanimously.

MAYOR’S REPORT

            Mayor Studebaker reported that the parking lot work at 1600 Dublin Rd. will be completed in the spring. They had planned to complete the parking lot work, but the weather has brought the work to a halt. He reported the owners intend to continue planting trees as long as weather permits.         

ENGINEER’S REPORT

            Mr. McFarland presented a proposal from Nutter Excavation to repair the sink hole behind 1600 Roxbury Rd. The quote is for $10,000.00. Mr. McFarland reported the property will be accessed for the repair through 2015 W. Fifth Ave. The property owner has approved the access across her property. Ms. Troiano asked if additional funds need to be approved to evaluate the tree that is close to the sink hole. Mr. McFarland said the plan is to protect the tree if at all possible. Mr. Sterneker moved approval of the quotation for $10,000.00 for Nutter Excavation for repair of the sink hole at 1600 Roxbury Rd. Mr. Kukura seconded. The motion was approved unanimously.  

NEW BUSINESS

            Mayor Studebaker asked Mr. Banchefsky to explain the process undertaken by the Village to obtain Requests for Proposals (RFP) for the Village services contract.

Mr. Banchefsky summarized the status of the RFP process and the Village’s plan to resolve the issues that have arisen in order to make a final decision on the service and solid waste contracts.

            Mr. Banchefsky stated the decision by Grandview Heights to submit a revised proposal after the RFP deadline has “thrown the process into a tizzy,” but stated he has a recommendation to resolve issues after explaining the differences between an RFP and a formal bid.

            A formal bid includes a full contract as part of a bid package which also includes very detailed specifications and expectations along with a hard deadline for response. After a submission of a formal bid there is little or no opportunity to negotiate or revise the specifications or the responses. Mr. Banchefsky contrasted an RFP as a “polar opposite” to a formal bid stating that the requesting entity has an idea of what is needed, but requests an RFP from qualified entities with expertise in how the needs specified in the RFP could be delivered. Marble Cliff developed the RFP for Village services based on the current Grandview Heights Service Contract and included a specific due date and time for responses. Typically, following the receipt of RFP’s the requester enters into a negotiating phase with the entity that is the most responsive.

            Mr. Banchefsky summarized the process to date stating the Village issued the RFP for Village services with a proposal receipt date of November 10, 2011 at 11:00 am. The RFP included the statement that submissions received after the due date and time would be marked as late and not considered. Grandview Heights and Upper Arlington submitted proposals as required and each were opened and read in public.  The UA proposal was approximately 20% lower than the GH proposal. On Monday November 14, 2011, Grandview Heights Mayor Ray DeGraw delivered a second, unsolicited proposal directly to Mayor Studebaker’s home. Mr. Banchefsky stated Mayor DeGraw’s action created significant legal issues with the RFP process.

            Mr. Banchefsky stated the Village intends to create a fair process and fully inform the public of the process and the responses. Mr. Banchefsky offered three options for consideration:

1)  Council could consider only the two proposals initially submitted.

2)  Council could reject the two original proposals and start the process over.

3)  Council could request new proposals from both entities and set a new, final deadline date and time.

Mr. Banchefsky stated that the options will be considered by Council. He stated his opinion that all three are legally supportable albeit the third option is unusual but legally “doable.”

            Mr. Banchefsky then addressed a question raised previously regarding how a service contract can address “level of service” issues. He stated the current GH service contract addresses the issue with a statement that Marble Cliff will receive the same level of services provided to Grandview residents. He stated the contract language has been adequate in the past. However, the contract can be written to include requirements for response times. The current contract also allows for cancellation without cause which is another general way to address “level of service” issues.

            Mr. Sterneker asked for clarification of the negotiation process of an RFP.

Mr. Banchefsky explained that typically the negotiation process begins with the selection of a respondent, however he believes it is supportable to follow a process such as option three above to begin “negotiations” before a single respondent is selected.

            Mayor Studebaker presented responses to questions raised at the Town Hall meeting on November 14, 2011.

            A question was asked regarding how UA would respond to the “man power” needs of the Village. Mayor Studebaker reported the UA City Manager stated UA is prepared to do a full analysis of need and to authorize overtime of city employees in the initial stages of the contract until the need is fully evaluated and appropriate staffing is in place.

            A question was asked regarding the impact on the GH schools of moving the service contract from GH to UA. Mayor Studebaker stated there is no direct correlation between the schools and the service contract. Marble Cliff residents pay property taxes for Grandview schools and the Grandview Library. Mayor Studebaker provided information indicating that it is not unusual for jurisdictional lines for service provision and school district lines to cross.

            Ms. McKay presented financial information regarding projected general fund balances. Charts were provided showing the impact of the two RFP responses on the general fund balance through 2016. Mayor Studebaker stated the UA response does not include solid waste services. The financial analysis includes the Rumpke response to the SWACO bid requests to create an “apples to apples” comparison.

            Mr. Banchefsky explained that Mr. Cincione is contracted by Grandview Heights as their magistrate. Therefore, based on the recommendation of the Ohio Ethics Commission he is abstaining from participating in the Council deliberations and voting on the service contract. Mr. Cincione’s abstention will require the Council to act with a 4 to 1 vote.

            Mayor Studebaker reported GH has stated their willingness to continue to provide services beyond the end of the current service contract (12/31/2011) to ensure that Village services are not interrupted.

            Mary Hayes asked about removing the $47,000 of Parks and Recreations fees from the contract. Mayor Studebaker stated that GH has been made aware of the Village’s position that it is very difficult to justify the Parks and Recreation cost in GH’s proposal, but GH has insisted that the proposal is all inclusive and has not been willing to remove the Parks and Recreation cost.

            Ralph Talmage stated that he believes there cannot be an “apples to apples” comparison when the UA police are stationed so far from the Village. He stated his opinion that the GH service quality will not be matched and that MC would be “abusing GH by moving the service contract.” He stated that the communities are tied by our children’s sports teams, school affiliation, the Memorial Day parade, and Lazy Days. Mr. Talmage stated that UA will probably not provide police services for those joint GH and MC activities that MC benefits from. He stated GH picks up the trash for the schools and if MC changes service providers the schools would have to obtain another entity to collect their trash.

            John Hoberg stated that their homes are in Marble Cliff but access to their property is from the GH end of Bluff Ave. He stated his pleasure with the quality of GH services and personnel. He stated his concern that in an emergency UA would not be able to find their homes. He stated his opinion that Marble Cliff will be an “appendage” to UA and their property will be an appendage to the appendage. He stated his concern that snow removal will be an issue if UA is the service provider and he and his neighbors will be trapped by a significant snowfall. Mr. Hoberg stated his opinion that the community of MC and GH will be weakened if the service contract is moved to UA. He asked that MC not only maintain its service contract with GH but commit to the relationship permanently.

            Tom Miller stated that MC won’t be treated as well by UA as we are by GH.

            Dale Johnson stated that he recognizes quality throughout MC and stated that he believes GH’s provides the level of quality services expected by the Village.

            Mayor Studebaker reminded those present that concerns about level or quality of service provided by GH did not precipitate the undertaking of the RFP process; the Village officials are in complete agreement that the quality of services provided by GH is excellent. The issue is the cost of the services and the way MC is spending its money in a time of decreasing revenue and increasing costs. The RFP responses showed a potentially significant saving for the Village. The Village Council is tasked with gathering such information and making responsible and informed decisions for the Village.

            Tom Miller asked what options the Village would have when it is broke. Mr. Roark stated the Village will do something, either increase taxes to increase revenue or the Village could merge with GH. Mayor Studebaker stated the Village is working very hard to attract new business and to assist commercial property owners to fully utilize their properties. Mayor Studebaker pointed to the recent annexation attempt between the City of Worthington and the Village of Riverlea as an example of how two communities might or might not merge. He stated it is the prerogative of any resident to pursue annexation.

            Council discussed the assumptions made in the five year projection. Mr. Kukura suggested that the revenue projections do not accurately reflect annual salary increases that will be part of taxable income in the future.

            Mr. Hoberg asked if the Village’s current annual deficit is approximately $200,000 and asked for confirmation that the UA proposal would cut that annual deficit to approximately $100,000. Mayor Studebaker confirmed the assumption.

            Mary Hayes stated she goes through UA on a regular basis and rarely sees a police cruiser. She stated a police presence deters crime and believes she will never see an UA cruiser on Village Court. She stated that UA is large and has areas that need to be patrolled and consequently UA cruisers rarely patrol south of Lane Ave.

            Lynda Murray asked for copies of the proposals. Rich Murray asked if the subsequent letter from Mayor DeGraw is a public record. Mayor Studebaker stated it is a public record and is available. Rich Murray asked what for the amount of change between GH’s two proposals. Mayor Studebaker stated the difference between the two GH proposals is approximately $30,000 each year.

            Anne Jewel thanked Council for their efforts and agrees that GH provides excellent services. She stated that she is very concerned about the cost of the services particularly as reflected in GH’s first proposal.

            Ken Frick stated his concern that the Village is spending $200,000 more than its annual revenue and the current rate of overspending will make the Village “ripe” for annexation. UA’s proposal will save money. He stated his opinion that the Village must stretch their budget and, although Grandview faces financial challenges, it is not the Village’s responsibility to fix their problems. Ken Frick stated his opinion that if MC accepts this GH proposal in three years GH will not negotiate and the Village will have nowhere else to turn. He suggested that the Village give UA a chance and direct our own future.

            Council and residents discussed the Parks and Recreation aspect of the GH’s proposal.

            Ms. Troiano summarized the three Council options outlined by Mr. Banchefsky.  She recommended that Council take option three of requesting new proposals from both entities setting a new, final deadline. Mr. Roark concurred with Ms. Troiano’s recommendation. Ms. Troiano moved that Grandview Heights and Upper Arlington be asked submit a final RFP by 11:00 AM on December 5, 2011. Mr. Roark seconded the motion. The motion passed 5 in favor, 1 opposed with 1 abstention.

            Mayor Studebaker stated the evening’s discussion will stand as the first reading of O-2316-11, An Ordinance adopting a contract for Police, Emergency Medical and Fire             Prevention and Suppression Services, Recreational Facilities, Solid Waste Collection,         Maintenance Services, and Other Public Services with the City of ________________,           Ohio, and directing the Mayor to sign the contract. No action was taken

            Mayor Studebaker stated the evening’s discussion will stand as the first reading of O-2317-11, An Ordinance adopting a contract for Solid Waste Collection with ______________________, and directing the Mayor to sign the contract.          No action was taken

Mr. McFarland left the meeting at this point. 

VISITORS – Cont.

            GH Police Chief reported that a GH police officer stopped a suspicious truck on Arlington Ave. The driver had over 20 outstanding warrants in Delaware. Another truck fled the scene and was stopped by GH police on Fifth Ave. The two detained individuals are suspected in multiple thefts in Delaware.

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council.           

ADMINISTRATIVE ASSISTANT’S REPORT

Mr. Johannes had no report for Council. 

APPROVAL OF BILLS

Ms. Troiano moved approval of the November 2011 bills totaling $222,446.38.  Mr. Kukura seconded. The motion passed unanimously. 

Mr. Roark moved approval of the amended October 2011 bills totaling $64,155.21.  Ms. Troiano seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT         

Ms. McKay had no report for Council. 

OLD BUSINESS

            Mayor Studebaker introduced the second reading of O-2314-11, 2012 ANNUAL APPROPRIATION ORDINANCE. Council asked questions regarding the supporting budgeting reports. Ms. McKay encouraged Council to contact her with additional questions before the next meeting.             

            Ms. Troiano reported she will be purchasing supplies and materials for the holiday party. Catering and poinsettias are ordered and arrangements are underway to hire a photographer. Ms. McKay reported the invitations will be mailed on November 23, 2011. In place of collecting gifts for Fire Fighters for Kids, adults and children will be invited to participate in a project to provide blankets for the homeless shelter.           

Ms. Siefkas reported the community group interested in riverfront access for a kayak/canoe “putin” is continuing to meet. She stated she may have an more detailed report for the December Council meeting. 

NEW BUSINESS – Cont.

            Mayor Studebaker introduced the first reading of O-2318-11, An Ordinance authorizing an agreement with Charles Kelsey to provide Mayor’s Court Magistrate Services for a one-year period from January 1, 2012 Through December 31, 2012. Ms. Troiano moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Ms. Troiano moved the adoption of O-2318-11. Mr. Roark seconded. The motion passed unanimously. 

            Mayor Studebaker introduced the first reading of O-2319-11, An Ordinance authorizing the Mayor and Fiscal Officer to enter into a contract for Professional Legal Services with Schottenstein, Zox & Dunn, LPA for a one-year period from February 1, 2012 through January 31, 2013. Ms. Troiano abstained from discussion and vote a citing conflict of interest. Mr. Banchefsky stated there were no changes from the prior contract. Mr. Sterneker moved the rules be suspended. Ms. Siefkas seconded. The motion passed unanimously. Mr. Sterneker moved the adoption of O-2319-11. Mr. Roark seconded. The motion passed 5 in favor and one abstention.  

            Mayor Studebaker introduced the first reading of O-2320-11, An Ordinance providing for additional legal counsel for the Village of Marble Cliff, Ohio, authorizing the employment of assistants in connection with the prosecution of criminal and traffic cases in the Municipal Court of Franklin County, Ohio, setting compensation of said assistants, and authorizing the Mayor to enter into a contract with the City Attorney of Columbus, Ohio, to accomplish such purposes.

            Ms. McKay explained the changes from the prior contract in fee calculations in the proposed contract. Council discussed options, but took no action. 

            Ms. McKay reported the Village received a notice from the state’s Department of Liquor Control outlining the Village’s options for opposing the reissuance of a permit to sell alcohol at the Certified Oil Company on Dublin Rd. in the Village. Council agreed not to oppose reissuing of the permit.  

            Mr. Johannes reported the Village Hall would be closed on Thanksgiving Day (Nov.24^th) and the Friday after Thanksgiving.  

            Mr. Sterneker reported he will be working with a crew of residents to put up the holiday lights on Friday, November 25^th. 

            Council determined there will be a special Council meeting at 7:00 pm on Wednesday, December 14, 2011 to receive final proposals for Village services from Upper Arlington and Grandview Heights. Council asked that representatives from UA and GH be invited to attend. 

ADJOURN

Mr. Sterneker moved the meeting be adjourned. Mr. Kukura seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 9:15 PM. 

Approved by:                                                               Submitted by:

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal Officer

SPECIAL COUNCIL MEETING OF NOVEMBER 14, 2011 

A special meeting of the Council of the Village of Marble Cliff was held Monday, November 14, 2011 in the Grandview Heights Public Library at 1685 W. First Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, and Robert W. Sterneker; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, William Johannes and Fiscal Officer
Cynthia McKay. Approximately 40 visitors and press were present. Mr. Kukura moved Ms. Troiano be excused. Mr. Cincione seconded. The motion passed unanimously.

TOWN HALL MEETING

            Mayor Studebaker welcomed those assembled for the special Council meeting and Town Hall meeting. He explained the purpose of the meeting: to share information with residents regarding the Village’s process for choosing a Village services provider and to receive resident input on the options presented. Mayor Studebaker reminded those present that in November 2010, Village Officials shared Village financial information with residents and presented options for increasing revenue and decreasing expenses to balance the Village’s annual budget and extend the Village’s financial solvency. At that meeting residents encouraged Village Officials to consider ways to reduce expenses. As the current contract expires on 12/31/2011 and it is the largest single annual expense Council began investigating options for the provision of the services early in 2011.

            Fiscal Officer McKay presented an update of the five year financial projections for the Village. She explained that the changes the Village has made over the last year have extended a positive balance in the General Fund from the beginning of 2015 through 2016. Ms. McKay explained the Village has adopted universal income tax filing and increased the inside millage property tax both of which will be in effect for calendar year 2012. She also reported that the Village refinanced the General Services (“park”) Bond to save approximately $83,000 in interest over the next ten years. Ms. McKay reviewed the projected revenue and expenditures for 2012. Ms. McKay answered questions from the audience.

            Mayor Studebaker explained the Village’s position is to maintain the 2% income tax rate as a tool to draw businesses into Marble Cliff without offering extensive tax incentives.

            Mayor Studebaker explained the Village’s process to obtain proposals to provide Village services including police, fire, EMS, building and zoning and solid waste disposal.       The Solid Waste Authority of Central Ohio (SWACO) made resources available to the Village to assist in obtaining quotes to provide trash collection, recycling and yard waste collection. Working with SWACO bid specifications were issued and the Village received three responses from private waste collection providers. The bid specs did not limit responses to private haulers; however no municipalities chose to submit a bid.

            Council decided to look at the possibility of having services provided by other municipalities. Along with Grandview Heights, the Village investigated the possibility of receiving proposals from the City of Columbus and several surrounding townships. In the end, only Grandview Heights and Upper Arlington responded to the Request for Proposal (RFP).  Mayor Studebaker shared the responses from the two submissions. Upper Arlington did not provide a cost for solid waste collection because they currently contract with a private hauler. Upper Arlington also included parks and recreations services as part of the base proposal. In order to provide an “apples to apples” comparison between the two proposals, the proposal from Rumpke obtained through the SWACO process was added to the Upper Arlington proposal. (See the chart inserted below summarizing the RFP responses received from Grandview Heights and Upper Arlington.) The Village estimates that in addition to the base service contract fees, it incurs approximately $25,000 annually in “billable services” not included in the base service contract fees. Rumpke was chosen to represent the solid waste contractor because the bid specification requested services to match current services. Rumpke’s quote was the closest to providing services as currently provided.

            Mayor Studebaker reported the Grandview Heights proposal for 2012 represented approximately a 6% increase over the 2011 service contract. In addition Snow plowing is included at no additional cost by Upper Arlington and as a billable for Grandview Heights. In prior years snow removal costs to the Village have been between $15,000 and $17,000 in “billable services” each year. A resident asked if the Village could anticipate the same level of police and fire services as currently provided given the much lower cost provided in the RFP. Mayor Studebaker explained the level of service requirements have been made clear to Upper Arlington and, based on conversations and review of fire and EMS runs to the Village from the surrounding communities the Village is confident that UA would provide service at the same level as GH.

            Questions were asked about swimming pool and parks and recreation options. Mayor Studebaker explained that currently everyone has the opportunity to participate in both Grandview and Arlington parks and recreation services. The difference is whether that participation is at “resident” or “non-resident” rates.

            Mayor Studebaker directed attention to a Question and Answer sheet that was made available to residents along with the invitation to the meeting tonight. He explained that the service contract has no bearing on the school district. Marble Cliff is part of the Grandview Heights School District as well as the Grandview Heights Library District and a change in Village service provision would not alter those relationships. Marble Cliff property taxes support both the school and the library. Mayor Studebaker reminded the audience that property taxes collected by the Village are a very small portion of the total property taxes paid by property owners in the Village.          

Mayor Studebaker opened the floor for questions and comments.
 

Mary Hayes expressed her concern that Upper Arlington’s growth will not allow them to provide police and fire services at the same level as Grandview Heights.

Ken Ellis asked how much longer the UA proposal would allow MC to be financially sound and what happens when the Village is no longer financially sound. Mayor Studebaker explained the savings – if nothing else changes – to the Village will be $100,000 per year and extend financial viability for several years. If the Village were unable to operate financially as a separate municipality, the option would be to merge or be annexed by another community.

A resident asked if the Council has considered approaching our property tax exempt properties and asking them to provide funds. Mayor Studebaker stated that such an option has not been considered, but the Council could consider it.

Ken Frick stated that the UA fire and EMS respond quickly to the apartments on Roxbury Rd. often arriving ahead of GH. Mayor Studebaker explained that mutual aid agreements are in place for fire/EMS giving regional coverage to the area. Police services are more likely to remain within jurisdiction. He explained that GH has reviewed the amount of time spent in MC and determined that its officers may be spending more time in MC as compared to the rest of their jurisdiction.

Mary Lou McGregor asked if UA plans to add police cars to cover MC. She stated she rarely sees UA police in the area. She also stated her opinion that MC should consider the impact of moving the service contract to UA knowing that MC’s property values are linked to the health of the Grandview community. Mayor Studebaker stated UA has indicated that its police manpower is adequate to provide services to MC. Mayor Studebaker stated that GH will have a loss of approximately $500,000 to its revenue if the service contract is not renewed.

Dave Ryan stated he has lived in both UA and MC and believes the services in MC are superior. He supported Mary Hayes position. He stated his opinion that the UA proposal is a “low ball” and they will not be able to provide the expected services. He asked who would provide trash services. Mayor Studebaker stated Rumpke was provided as an example for comparison. Mayor Studebaker asked Mayor DeGraw if Grandview would consider offering solid waste collection only and Mayor DeGraw indicated that Grandview would not consider breaking out services; their proposal stands as an “all or nothing” offer. Mayor Studebaker explained that the Village requested that all solid waste be picked up on the same day at a single point either at the street or at the garage as determined by each household.

A resident asked what the parks and recreation fee of $46,000 is for and why we would have to pay it. Mayor Studebaker explained that GH included the cost despite the Village’s position that it is a cost which is very difficult to justify to MC residents. Despite requests from the Village to remove the parks and recreation cost from the contract, GH has not been willing to remove the cost. GH contends that it is MC’s share of park maintenance and improvement, the differential between “resident” and “non-resident” costs and the Village’s share of the parks and recreation facilities used by the Grandview schools such as the playground at Pierce Field and the tennis courts. Residents suggested that the Village’s own costs of green space maintenance should be considered by GH because they use and enjoy our facilities. Mayor Studebaker stated Mayor DeGraw has indicated they have already given a $25,000 credit to the Village in their calculations.

Kent Thompson asked if selling Tarpy Woods would reconcile the budget. Ms. McKay explained that the bond repayment is transferred from the General Fund. Residents expressed their opposition to selling or developing Tarpy Woods.

Stephanie Brett asked if there is room to negotiate. Mayor Studebaker explained the RFP process assumed each community would provide their best proposal by the stated RFP deadline. Mayor Studebaker stated that well after the deadline one of the communities provided a revised proposal which has not been reviewed at this point. Tonight the Village is sharing the RFP proposals received through the designated process. The Village will discuss negotiation options with legal counsel.

Joan Klitch stated that 15 years ago the Village went through a similar process and at that time received a lower bid from UA which was dismissed. She stated her opinion that if the Village repeats that action, it is unlikely that any time within the next fifteen years we will be able to approach UA again. Then Grandview can do anything it wants. She reported historically the Village has unsuccessfully fought the parks and recreation fee allowing the base contract amount to grow and expand the impact of 3% and 5% increases each year. Mayor Studebaker reported the three year contract currently expiring had a 5% increase every year. 

Gavin Larrimar stated he has lived in UA as do family members and their trash pick-up is “terrible.” He suggested that if MC chooses UA that we not pick the private trash hauler currently providing services to UA. Mayor Studebaker stated none of the three bidders for our contract currently provide services to UA.

A resident asked how the Village will gauge whether level of service expectations are met and what recourse the Village will have if the level of services does not meet expectation. How will Council decide whether to choose based on lower cost or on what the residents prefer and how will the Council make a decision within a short time frame as outlined? Mayor Studebaker commented that the Village Officials have been receiving comments and suggestions outside of this meeting, but only just received actual numbers to consider. He acknowledged the time line is short, but also stated that GH has assured MC that they will continue to provide services beyond the contract period to allow time for a decision to be made. He stated his opinion that the Council is still very much engaged in the process and considering all options and opinions. Mayor Studebaker stated that performance expectations would be included in the contract language with consequences for failure to perform.

Rich Murray stated his opinion that UA is at an advantage because they knew GH’s contract amount before submitting their proposal. He also supported Mary Lou McGregor’s opinion that the schools are the “crown jewel” of the both communities and anything that would weaken the school would be bad for both communities.  He also stated his opinion that the time table for making a decision is too short.

Jeff Smith stated that moving the contract would have a damaging effect on GH’s financial health. He asked about the tax implications if MC were merged with GH. Mayor Studebaker if MC were merged with GH our property tax rate would go from 1 mill to 10.6 mills and income tax would go from 2% to 2.5%. Marble Cliff has an income tax base of approximately $40,000,000 which would pass to GH to be taxed at their higher rate which would significantly benefit GH. GH would also take over infrastructure maintenance. Mayor Studebaker stated GH is currently operating at a deficit, but is anticipating increased revenue through Grandview Yard.

Ken Frick asked why residents would anticipate that UA would not provide the same level of services. He also stated that, despite being aware of MC’s ongoing annual financial deficit, GH considers its best offer to be a 6% increase.

Dave Ryan expressed his surprise that GH is willing to lose the entire contract over $46,000 in parks and recreation costs. Mayor Studebaker encouraged Mr. Ryan to express his thoughts to Mayor DeGraw. At one point there was a joint park board made up of GH, MC and the Grandview Schools to determine community needs and costs. Joan Klitch shared her memory that a member of Grandview’s Council suggested the board might not be a legal entity and it was dissolved.

Ken Ellis stated he would not welcome the demise of a 60 year relationship with GH and suggested that a property tax increase be considered. He also suggested that overtime charges for snow removal, etc should be carefully monitored.

Susan Studebaker asked how residents should continue to share thoughts and questions. Mayor Studebaker suggested email is the best way to communicate and encouraged residents to give suggestions and specifics to Council.

Matt Cincione suggested that the next regular Council meeting be moved to a larger venue. Ms. McKay stated she would investigate locations and the community will be notified through the agenda and the blast email.

ADJOURN

The Town Hall Meeting was closed and Council meeting was adjourned by Mayor Studebaker at 8:25 PM.

Approved by:                                                               Submitted by:
David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                           Fiscal Officer

REGULAR COUNCIL MEETING OF OCTOBER 17, 2011 

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, October 17, 2011 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, and Fiscal Officer, Cynthia McKay. Visitors were present. Mr. Cincione moved Mr. Roark be excused. Mr. Kukura seconded. The motion passed unanimously. 

VARIANCES AND PERMITS

            Mayor Studebaker introduced the first reading of O-2311-11, An Ordinance granting a Fence Variance to Phil Shively for the property at 1466 Cambridge Blvd. in the Village of Marble Cliff and declaring an emergency.             Mr. Shively explained his plans to extend an existing fence across the east property line. The fence would be the same style and height as the existing fence. Ms. McKay reported the Village Hall received two letters in support of the variance request and no contacts expressing opposition to the variance. Mr. Sterneker moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Sterneker moved the adoption of O-2311-11. Ms. Troiano seconded. The motion passed unanimously. Mr. Kukura moved the ordinance be adopted as emergency legislation to allow construction to begin during the current construction season. Ms. Troiano seconded.  Roll call: Mr. Cincione, yes; Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed unanimously.             

            Mayor Studebaker introduced the first reading of O-2313-11, An Ordinance approving a Use Variance to Thomas Miller for the property at 2109 West Fifth Ave., in the Village of Marble Cliff.             Mr. Miller provided information on commercial rental space, similar in size to the property at 2109 W. Fifth Ave., currently available in northwest Columbus. Mr. Miller explained his opinion that the property may be more easily marketed as a combination “live/work” mixed use space. He stated his opinion that the concept will gain support and there may be additional requests for modified zoning. Mayor Studebaker stated that Council will be considering another request similar to Mr. Miller’s and may decide to review the Village’s current Central Business District zoning in the near future.

            Council asked questions regarding necessary renovations and possible future changes. Mr. Miller stated the lower level units would not accommodate live/work space and will remain commercial space. Therefore units A, B, C, and D are the only units in the building that can be used as live/work space. Mr. Miller expressed his interest in being part of any future rezoning discussions. Mayor Studebaker stated property owners will be notified if Council plans to consider zoning changes.Mr. Cincione moved the rules be suspended. Mr. Kukura seconded. The motion passed unanimously. Mr. Kukura moved the adoption of O-2313-11. Mr. Sterneker seconded. The motion passed unanimously. 

            Mayor Studebaker introduced the first reading of O-2312-11, An Ordinance approving a use variance to Kathryn G. Gardner for the property at 2015 West Fifth Ave., in the Village of Marble Cliff.             Mayor Studebaker introduced Dr. Gardner. She told Council she is working to identify potential tenants and is also working to determine how the building might be subdivided to accommodate live/work tenants. She stated her intention to finalize plans as tenants are identified.

            Ms. Siefkas asked how the variance will impact future property owners or tenants holding leases at a time when the property might be sold. Mr. Banchefsky explained that as the variance is proposed a new property owner would need to receive Council approval to continue the use variance. The goal is to help market the property while protecting the Village’s commercial zoning district. Ms. Siefkas asked if the Village would limit the number of units that could be housed in the building while protecting the historical integrity of the building. Ms. Troiano asked how personal and business taxes would be identified at the property in question. Mayor Studebaker stated taxes would be handled as the Village handles “home businesses” which are allowed anywhere in the Village.

            Ms. McKay noted that current code defines what must be included in a living space to qualify as “residential living unit” and those requirements effectively limit the number of live/work units that could be created under current code within the building. Ms. Siefkas stated her opinion that in the current economic environment it is in the Village’s interest to create opportunities for success. Mr. Kukura agreed with Ms. Siefkas’ opinion.

            Ms. McKay reported that the no letters or telephone calls either in favor or opposition to the variance request were received at Village Hall. Mr. Cincione moved the rules be suspended. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2312-11. Mr. Kukura seconded. The motion passed unanimously.              

CONSENT AGENDA

 Mr. Kukura moved approval of the Consent Agenda. Mr. Cincione seconded. The Consent Agenda was approved unanimously.  

MAYOR’S REPORT

            Mayor Studebaker reported that the parking lot expansion at 1600 Dublin Rd. has begun along with additional tree planting. 

            Mayor Studebaker reported he attended the ribbon cutting at The Oilery on Grandview Ave. He reported he is beginning to work more with the Grandview Area Chamber of Commerce as his schedule allows. 

            Mayor Studebaker reported he is scheduled to attend a meeting at MORPC to discuss state budget provisions for municipalities that are investigating or moving toward shared services. He stated there is grant money available for shared services projects.  

            Mayor Studebaker reported the Request for Proposal for the Village Services Contract was delivered to both Grandview Heights and Upper Arlington on October 14, 2011. The deadline for submission of the response to the RFP is November 10, 2011. 

            Mayor Studebaker reported the new leaf collection service provider began leaf pick-up today. He asked Council to report any resident feedback they receive. 

            Mayor Studebaker presented a question and answer sheet regarding the new service contract selection process for Council to review. The purpose is to have answers for residential questions regarding the selection process. Council made several suggestions for additions and changes to the Q&A. Council discussed concerns raised including some residential feedback regarding the service contract. Mayor Studebaker stated the document would be revised and made available to Council and to residents. It will be posted on the web site. 

ENGINEER’S REPORT

            Mr. McFarland reported a sink hole has developed in the ravine behind 1600 Roxbury Rd. Mr. McFarland stated the sink hole has been investigated and dye tested to determine if there is any damage or infiltration of the new sanitary sewer line. The sink hole appears to be related to deterioration of the old, abandoned sanitary sewer line and laterals.

Mr. McFarland has asked Nutter Excavating to provide an estimate for excavation and repair of the problems which are causing the sink hole. The Engineer will bring a quote for the repair work to a future Council meeting. 

            Mr. McFarland reported he has received a revised parking lot plan for 1600 Dublin Rd. The plans will be reviewed and Mr. McFarland believes he will be able to approve them in the very near future.

            Mr. McFarland explained to Council that in reviewing the plans it came to his attention that the Village storm sewer line under Dublin Rd. at 1600 Dublin Road line is too small and the Village would benefit from replacing the line. Problems with the line were indicated two years ago when a sink hole developed in the western, southbound land of Route 33. The line was cleaned and a point repair was completed at that time. Replacement of the line was not included in the 2010 Dublin Road Storm Sewer Rehabilitation Project. However, because the bid for the project came in well below the Engineer’s estimate, Mr. McFarland suggested the Village investigate adding the upgrade from a 12 inch storm sewer pipe to a 21 inch storm sewer pipe to the 2010 Dublin Road Storm Sewer Rehabilitation Project. Council suggested the cost of the additional work be estimated and the option of including it in the current project be investigated further. Mr. McFarland will report back to Council.  

            Mr. McFarland reported the Arlington Ave. crack fill and slurry seal project is complete. 

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council.           

ADMINISTRATIVE ASSISTANT’S REPORT

            Ms. McKay presented a report from Mr. Johannes for tree lawn tree replacements in the Village. Two quotes, one from Davey Tree and one from Structural Gardens, were summarized in Mr. Johannes’ report and his recommendation that the Council accept the proposal from Davey Tree. She confirmed that money has been previously appropriated for the project. Mayor Studebaker reported the tree to be replaced at 1492 Roxbury has been upgraded from a 3” caliper to a 5” caliper and Mr. and Mrs. Studebaker intend to pay the difference in the cost for the more mature tree.

Mr. Sterneker moved approval of the proposal from Davey Tree for up to $2,700.00 for replacement of Village tree lawn trees. Ms. Siefkas seconded. The motion passed unanimously. 

APPROVAL OF BILLS

Mr. Cincione moved approval of the October 2011 bills totaling $63,201.05.  Mr. Kukura seconded. The motion passed unanimously. 

Mr. Kukura moved approval of the amended September 2011 bills totaling $88,310.99.  Ms. Troiano seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT         

Ms. McKay presented a supplement appropriation for Council review and approval. 

Mr. Kukura moved approval of the following supplemental appropriation:

$10.00 from 1000-710-225-0000 to 1000-710-213-0002 for Medicare/Village Match.

$500.00 from 1000-390-690-0000 to 1000-715-325-0000 for Advertising.
$3,000.00 from 1000-760-344-0000 to 1000-755-344-0000 for Income Tax Admin. 

Mr. Cincione seconded. The motion passed unanimously.         

            Mayor Studebaker introduced the first reading of O-2314-11, 2012 ANNUAL APPROPRIATION ORDINANCE. Ms. McKay asked for input from Council. No action was taken. 

OLD BUSINESS

            Mayor Studebaker introduced the first reading of O-2315-11, An Ordinance authorizing the expenditure of $3,500.00 for the 2011 Village Holiday Party and $500.00 for Holiday Decoration of the Village green spaces.

            Ms. McKay reported the figures are the same as those approved for 2010.

Mr. Sterneker stated he believed the amount identified for decorations will be adequate.

            Ms. Troiano reported she investigated the cost of providing a full meal. After collecting preliminary quotes the costs are higher than she recommends and suggested instead that the food be limited to dessert and punch and coffee. She also suggested the start time be changed to 7:00 pm to allow for residents to have dinner before the party. Ms. Troiano stated that with that change the amount included in the ordinance will be more than adequate to cover the costs of the event. Ms. Troiano will continue her work to organize the party.

Mr. Sterneker moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Sterneker moved the adoption of O-2315-11. Mr. Kukura seconded. The motion passed unanimously. 

NEW BUSINESS

            Ms. Siefkas expressed her interest in developing additional amenities for the Village including those that would involve Scioto River access. Ms. Siefkas also reported that she has received expression of similar interest for a canoe and kayak “put in” from Marble Cliff residents and members of the “Friends of the Olentangy River” and the “Friends of the Scioto River.” Ms. Siefkas reported she and Anne Jewel have identified the Village property along the river north of the Certified Gas station as a possible location for the “put in.”

            Ms. Siefkas and Ms. Jewel have contacted the Ohio Department of Natural Resources to discuss the possibility of receiving an ODNR grant for the planning and building of a canoe and kayak “put-in.” The ODNR representative stated the location appeared to be “promising.” In order to receive the grant, the location must provide a minimum of six parking places and a gravel pathway to the river. She commented that a “put-in” location in Marble Cliff would be the only river access point between Griggs Reservoir and downtown Columbus.

            A group of interested individuals met on October 11^th to discuss the possible project and plan to meet again. Ms. Siefkas attended the meeting to gather information. She asked for a sense from Council whether there is interest in continuing the information gathering and planning. Mayor Studebaker asked when the money would be available from ODNR. Ms. Siefkas stated ODNR would review applications in April and would make decisions based on the amount of money available and the number of applications. The grant can include funds for the parking area, signage and access. Ms. Siefkas stated her belief that there is room for six parking spaces, but there are concerns about an additional curb cut on Route 33. The group investigating the options might suggest approaching Certified Oil to share their existing curb cut. ADA requirements do not apply to canoe/kayak “put ins.” The municipality is obligated to maintain the site for 25 years.

            Council discussed the benefits, challenges and concerns about the project.

Mr. Kukura stated his opinion that it is worthwhile to continue investigating the project and the grant from ODNR. Council concurred with Mr. Kukura. 

ADJOURN

Mr. Kukura moved the meeting be adjourned. Mr. Cincione seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 9:00 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal Officer

REGULAR COUNCIL MEETING OF SEPT. 19, 2011

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, September 19, 2011 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes, and Fiscal Officer, Cynthia McKay. Visitors were present.

VARIANCES AND PERMITS

            Mayor Studebaker introduced the first reading of O-2307-11, An Ordinance Granting a Front Yard Setback variance to Jon and Pamela Browning for 1271 Arlington Ave., in the Village of Marble Cliff and Declaring an Emergency.

            Scott Cole, contractor for the project, explained the plans to convert the existing garage to living space, add a roof to the front porch and add a detached garage in the southwest corner of the property. He explained that the existing home encroaches into the front yard setback and, because of the shape of the lot and the setbacks established by code the new garage would encroach as well. The new garage is to be placed approximately 10 feet off the west property line to accommodate an AEP easement. The proposed additions do not violate the Village’s lot coverage requirements. Ms. McKay reported that the office received one letter and one telephone call in support of the project and no letters or phone calls in opposition. Council discussed the plan and asked questions of Mr. Cole and Mr. and Mrs. Browning.

Mr. Cincione moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2307-11. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved the ordinance be adopted as emergency legislation to allow construction to begin during the current construction season. Ms. Troiano seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, yes; Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed unanimously.

VISITORS

            Mayor Studebaker introduced Dr. Kathryn Gardner, owner of 2015 W. Fifth Ave., to present an idea to modify the use of the building at 2015 W. Fifth Ave. Dr. Gardner explained that in the current economic climate she has had a great deal of difficulty renting the property and maintaining the current tenants. She stated her desire to maintain the original style of the building, but explained the challenges of using a building built as a home as commercial office space. Dr. Gardner stated she would like to be allowed to offer space within the building as “live/work” space where tenants could maintain both their home and their offices. She reported she has been contacted by several potential renters who would like to have their home and their work space at the same location. The building addition on the rear of the building would remain commercial. Dr. Gardner described the interior of the building and shared her thoughts on how the space could be divided to accommodate both residential and office space. She stated that most of the original architectural detail is still in the building. She reported several upgrades have been made to the building, but there are upgrades that must still be done.

            Clayton Davis, realtor for the property, reiterated the challenge of leasing the space in the current economic conditions. He stated there has been interest in the live/work arrangement. Mayor Studebaker asked if the live/work trend has caught on in the Columbus area. Mr. Davis stated he believes it is not yet prevalent in the area. He stated there is some discussion among developers and some new building supporting mixed use has been constructed. Mr. Roark asked how many businesses could be placed in the building. Dr. Gardner described the previous tenants and usage. The back building can house six business tenants. There is one current tenant in the front. There are sixteen rooms in the front building that could be used, but the preference would be for one or two larger tenants to occupy the front building. Mayor Studebaker shared the Village’s concern that the live/work use would reduce the potential of the building to produce income tax for the Village.

            Mr. Roark expressed his desire that there be a mechanism by which, if a use variance or conditional use permit is issued for the building allowing for residential and commercial use, the building would revert to commercial only upon change of tenants or ownership. Ms. Siefkas expressed her opinion that there is a real opportunity to market the building in a way that would be advantageous for the community and the property owner. Mr. Cincione stated his opinion that the Village should look seriously at the options and suggested that the W. Fifth Ave. corridor might need a new zoning classification to accommodate the changing market. Council discussed options for protecting the historical portion of the building from demolition and preservation of the historical architectural integrity of the property. No action was taken by Council

            Mayor Studebaker introduced Grandview Heights Police Chief Wood to provide an update on police activity related recent break-ins and car thefts in the Village. Chief Wood summarized recent efforts to identify suspects and make arrests. Upper Arlington Police identified a suspect through fingerprinting. The suspect has also been linked to Marble Cliff break-ins and two bank robberies including one on First Ave. in Grandview Heights. Chief Wood then explained what steps are being taken to apprehend the suspect. Chief Wood encouraged Council and staff to let residents know that they should call the police to report any suspicious activity.

            Mayor Studebaker asked Ms. Troiano to update Council on the recent Block Watch meeting. Ms. Troiano reported 36 residents attended the meeting along with the Mayor, Chief Wood and Detective Harper. Ms. Troiano delivered flyers to homes and knocked on doors at apartments personally inviting residents to attend. She reported there was good information distributed at the meeting and the residents were receptive to the information and instructions provided. Ms. Troiano reported she has had some residents express a willingness to become “Block Captains.”

CONSENT AGENDA

Mr. Sterneker moved approval of the Consent Agenda. Ms. Siefkas seconded. The Consent Agenda was approved unanimously.

MAYOR’S REPORT

            Mayor Studebaker reported he met with Robert Meyers, representing Riverside Ten LLC. He stated that expansion and maintenance of the parking lot at 1600 Dublin Rd. is moving forward. Engineers have met with Louis McFarland to review plans for the parking lot expansion. Tree planting along Dublin Rd. is underway.

            Mr. Meyers reported that an additional 80-90 new employees should occupy the building by January 1, 2012. He also stated he believes by January 1, 2012 he should have commitments for leases on the balance of the space with occupancy by mid-year 2012. Mayor Studebaker said Mr. Meyers invited Council to tour the building. Council expressed interest in touring the building. Mayor Studebaker said he would pursue arrangements to tour the building.

ENGINEER’S REPORT

            Mr. McFarland presented the revised and updated zoning map for Council consideration.

Ms. Troiano moved approval of the revised and updated zoning map. Mr. Sterneker seconded. The motion passed unanimously.

            Mayor Studebaker introduced the first reading of O-2308-11, An Ordinance accepting a bid for the 2011 Dublin Road Storm Sewer Rehabilitation and waiving any bid irregularities.

            Mr. McFarland distributed the bid tabulation of the bids received. He recommended the Village accept the bid from Nutter Excavating.

Mr. Roark moved the rules be suspended. Mr. Sterneker seconded. The motion passed unanimously. Mr. Roark moved the adoption of O-2308-11. Ms. Troiano seconded. The motion passed unanimously.

Mr. McFarland left the meeting at this point.

SOLICITOR’S REPORT

            Mr. Banchefsky asked Mayor Studebaker to review with Council the activities to date related to securing an agreement for receiving Village recyclables and for solid waste collection. Mayor Studebaker explained the first part of the process is complete and the Village now has an agreement with Rumpke to receive Village recyclables at no charge. Mayor Studebaker explained he and staff are working with SWACO to develop a solid waste collection bid similar to the collection service currently provided including “carry out” service at the garage for trash pick-up. The Village is not bound by the bids received and can decline any and all bids received. The history suggests working through a SWACO coalition can lower solid waste costs.

            Mayor Studebaker reported Upper Arlington has expressed interest in bidding on Village services. Upper Arlington suggested that the services could be provided at cost lower than the Village is currently paying.

            Ms. Siefkas reported a resident has informed her that she prefers the service received from Grandview Heights. Ms. Siefkas suggested that the Village hold a public meeting to share with residents the level of service being sought and the cost information. Mayor Studebaker encouraged Council to ask residents to submit comments in writing outlining the aspects of Grandview’s service that they particularly appreciate and specific concerns about other possible providers of service. Mayor Studebaker reported Upper Arlington is currently providing some safety services for some of the surrounding townships.

            Mr. Kukura asked if a change in the service contract to UA would result in a change in school district for Village children. Mayor Studebaker stated there is no link between the Village’s service provider and the school district or library district. Marble Cliff is part of the Grandview Heights School District and the Grandview Heights Library District and that would remain unchanged even if there is a change in the provider of Village services. Ms. Siefkas asked if a change would impact participation in the Grandview Heights Parks and Recreation programs. Mayor Studebaker stated that Village residents could still participate in Grandview Parks and Recreation programs, but if there is a change in service providers, residents might have to pay “non-resident” rates. Ms. Siefkas suggested that the cost of Parks and Recreation be broken out. Mayor Studebaker stated the bid request will ask for separate costs for safety service, solid waste collection, building permits and inspections and parks and recreation.

            Mayor Studebaker asked Council for confirmation of their instruction to develop a Request for Proposal (RFP). Ms. Siefkas suggested setting a date for a town hall style meeting regarding the service contract. Council agreed to arrange a town hall style meeting for November 14^th to review information with residents and receive input. She also suggested that option for having residents share in the cost of solid waste collection. Mayor Studebaker stated that the RFP will ask for a breakdown of costs so that a full analysis of service costs can be made.

            Ms. Troiano moved staff be instructed to develop a Request for Proposal for Village services to be distributed to potential providers. Mr. Roark seconded the motion.  The motion passed unanimously.

ADMINISTRATIVE ASSISTANT’S REPORT

            Mr. Johannes reported the catalpa tree at 1492 Roxbury Rd. has been removed. Stump removal will be completed in the next few weeks. He reported he is gathering quotes and anticipates the tree replacement will occur later this fall.

            Mr. Johannes reported an agreement has been signed with Environmental Management for leaf pickup. They provided a rate of $125 / hour as opposed to Grandview Heights and Brad Conaway both of which proposed a rate of $160 / hour. A letter is being sent to residents explaining the service and schedule for leaf pick-up.

APPROVAL OF BILLS

Ms. Troiano moved approval of the September 2011 bills totaling $86,977.64.  

Mr. Kukura seconded. The motion passed unanimously.

Mr. Kukura moved approval of the amended August 2011 bills totaling $96,854.12.  Ms. Troiano seconded. The motion passed unanimously.

FISCAL OFFICER’S REPORT         

Ms. McKay presented a supplement appropriation for Council review and approval.

Mr. Sterneker moved approval of the following supplemental appropriation:

$1,500.00 from 1000-715-341-0000 to 1000-715-341-0002 for Legal Fees – Council     Prep.

$1,000.00 from 1000-390-690-0000 to 1000-730-432-0000 for Village Hall Maintenance $1,000.00 from 1000-410-347-0000 to 1000-730-640-0000 for Building Inspections. 

Ms. Troiano seconded. The motion passed unanimously.

            Mayor Studebaker introduced the first reading of O-2309-11, An Ordinance to amend Ordinance O-2279-10 (2011 APPROPRIATION ORDINANCE) to make a supplemental appropriation of $1,950.00 to the General Obligation Bond Retirement Fund. First Reading

Mr. Roark moved the rules be suspended. Mr. Cincione seconded. The motion passed unanimously. Mr. Roark moved the adoption of O-2309-11. Ms. Troiano seconded. The motion passed unanimously.

OLD BUSINESS

             Mayor Studebaker introduced the third reading of O-2303-11, An Ordinance amending Chapter 136 of the Codified Ordinances of the Village of Marble Cliff, Ohio entitled “Public Order” to enact section 136.16 entitled “Disturbing the Peace.”

            Mr. Banchefsky reviewed the ordinance language. Council asked questions regarding hours when delivery can occur. Mr. Sterneker expressed concerns regarding the impact of a conviction under the ordinance on future school and professional opportunities.

Ms. Troiano moved the adoption of O-2303-11. Ms. Siefkas seconded. The motion passed five in favor / one opposed.

            Mayor Studebaker reported he has been in contact with a representative of the Pizzuti Companies regarding the notice to remove the current temporary sign by December 31, 2011. They are developing a proposal for a new sign that might be placed in a different location on the property. Any proposal for a new sign will come to Council for approval.

NEW BUSINESS

             Mayor Studebaker introduced the first reading of R-2310-11, A Resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor.

Mr. Cincione moved the adoption of R-2310-11. Mr. Kukura seconded. Roll call: Mr. Roark, yes; Mr. Cincione, yes; Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed unanimously.

            Council discussed options for the 2011 holiday party. Ms. Troiano reported that residents have expressed interest in having a full meal for the holiday party. The suggestion is that the Village provide the meat and residents supply the rest of the meal as a “pot luck.” Council also discussed the option of starting the party later and offering only cookies, punch and coffee. Council decided to set December 5^th as the date for the party. Ms. Troiano will finalize a recommendation for format and time. Ms. McKay will reserve OLV and contact Santa to reserve the date.

ADJOURN

Mr. Sterneker moved the meeting be adjourned. Ms. Troiano seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 9:40 PM.

Approved by:                                                               Submitted by:

David T. Roark                                                            Cynthia A. McKay

Council President Pro Tem                                           Fiscal Officer

REGULAR COUNCIL MEETING OF AUGUST 15, 2011

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, August 15, 2011 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes, and Fiscal Officer, Cynthia McKay. Visitors and press were present. 

VISITORS

            Chris McArtor, Vice President of the Homeowners’ Association at the Cotswold Condominiums, was present to make comment on a proposal for a new fence at Prescott Place. However, since the Village did not receive the formal proposal and representatives of the Pizzuti Companies were not present to present information to Council, Ms McArtor said she would withhold comment until a proposal is presented to Council for consideration.  

CONSENT AGENDA

 Mr. Sterneker moved adoption of the Consent Agenda. Mr. Roark seconded. The Consent Agenda was adopted unanimously.  

MAYOR’S REPORT

            Mayor Studebaker reported he has no new economic development news to report. He reported that he followed up with the company which is considering leasing space in the building at 2200 W. Fifth Ave. That business is still working through a number of issues and has not made a decision regarding relocation.     

            Ms. McKay reported the new tenants at 2100 Marble Cliff Office Park have moved into the building.           

            Mayor Studebaker reported he has contacted Upper Arlington regarding the possibility of shared services between Marble Cliff and Upper Arlington. Upper Arlington has responded that they are interested in discussions. Ms. McKay reported UA’s concern that the Village is genuinely interested in pursuing discussions. She reported she assured them that the Village is genuinely interested in looking at competitive options for providing services to the Village residents. Mr. Kukura reported he had contact with one UA official who expressed interest in pursuing discussions. Mayor Studebaker reported that a copy of the letter to Upper Arlington was shared with Grandview Heights Mayor Ray DeGraw.           

            Mayor Studebaker reported the Village is working with SWACO and the law firm of Eastman and Smith to collect competitive bids from companies who receive recyclables from collectors and haulers. Through SWACO the Village is participating in the bid process with five other communities to obtain a bid for receiving recyclables. SWACO provides the legal services at no cost to the Village except the cost of advertising the bid request. The process is non-binding on the Village. However, it is a necessary first step toward bidding solid waste collection services. Mr. Johannes asked Council for input about the level of service that should be requested in the bidding process including day or days for service and curb-side or garage pick-up. Council discussed the negotiating process for Village services.            

ENGINEER’S REPORT

            Mr. McFarland presented the revised and updated zoning map for Council consideration. Council agreed to review the map and offer additional comment prior to the next meeting. Mr. McFarland suggested the Council take action to officially adopt the map at an upcoming meeting.  

            Ms. McKay provided a review of the Village’s year to date financials. She reported revenues are running ahead of budget estimates in a number of categories including municipal income taxes. She stated she projects that the municipal income tax revenue will continue to run ahead of projections. However, due to the processing of a number of property tax refunds, including the refund for 1600 Dublin Rd. based on the county’s reassessment of the value of the property, Village property tax collections for 2011 will fall below budget estimates but should bounce back in 2012. Village expenses are tracking as budgeted. Council discussed the current year figures and the impact of property tax revaluations.

            Ms. McKay reported the revenue for the Sewer and Water funds is coming in better than anticipated, which will allow for some sewer and water expenditures to be moved from the General Fund to those funds as early as next year. Ms. McKay also reported the interest income to the Falco Scholarship Fund has benefited from the changes in investments made earlier this year

            Ms. McKay presented a five year revenue and expenditure projection for the Village Funds. The updated five year projection shows improvement over the five year plan presented in 2010 with the General Fund remaining solvent through 2016 despite continued deficit spending because expenses continue to outpace revenue. She noted the expense projection includes a 5% increase each year for Village police, fire and solid waste services.

            Ms. McKay reviewed the five year capital projects plan and explained that some of the projects have been moved between years in order to put together projects every other year that could be part of an OPWC project application for grant or loan. Mr. McFarland reviewed the major capital projects planned for the next five years as well as “wish list” projects for the Village. All projects except the “wish list” projects are included in the five year financial projections.  

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council. 

ADMINISTRATIVE ASSISTANT’S REPORT

            Mr. Johannes reported the condition of the catalpa tree at 1492 Roxbury Rd. has not improved and should be removed. He presented quotes of $1,595 from Ahlum and Arbor and $1,045 from Peterman Tree for removal of the tree, hauling away the wood and grinding the stump. Mr. Johannes recommended Peterman Tree be contracted with to do the project. Mr. Cincione moved approval of up to $1,100 for removal of the catalpa tree in the tree lawn at 1492 Roxbury Rd. Mr. Sterneker seconded. The motion passed unanimously. 

APPROVAL OF BILLS

Mr. Cincione moved approval of the August 2011 bills totaling $96,621.82.  Mr. Roark seconded. The motion passed unanimously. 

Mr. Cincione moved approval of the amended July 2011 bills totaling $78,324.04.  Ms. Siefkas seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT         

Ms. McKay presented a supplement appropriation for Council review and approval. 

Mr. Roark moved approval of the following supplemental appropriation: $49,270 from 1000-800-590-0000 to 1000-910-910-0000 for the 2011 Dublin Road Storm Sewer Rehabilitation project. Ms. Troiano seconded. The motion passed unanimously.

            Mayor Studebaker introduced the first reading of O-2305-11, An Ordinance authorizing the Fiscal Officer to execute a Depository Agreement for active, interim and/or inactive public funds with The Huntington National Bank for the Village of Marble Cliff. Mr. Sterneker moved the rules be suspended. Ms. Siefkas seconded. The motion passed unanimously. Mr. Kukura moved the adoption of O-2305-11. Ms. Troiano seconded. The motion passed unanimously. 

            Mayor Studebaker introduced the first reading of O-2306-11, An Ordinance to establish the 2011 Dublin Road Storm Sewer Rehabilitation Fund and to amend Ordinance O-2279-10 (2011 APPROPRIATION ORDINANCE) to make a supplemental appropriation of $194,125.00 to the 2011 Dublin Road Storm Sewer Rehabilitation Fund.  Mr. Kukura moved the rules be suspended. Mr. Sterneker seconded. The motion passed unanimously. Mr. Sterneker moved the adoption of O-2306-11. Ms. Troiano seconded. The motion passed unanimously.  

OLD BUSINESS

             Mayor Studebaker introduced the second reading of O-2303-11, An Ordinance amending Chapter 136 of the Codified Ordinances of the Village of Marble Cliff, Ohio entitled “Public Order” to enact section 136.16 entitled “Disturbing the Peace.”

            Mr. Banchefsky reviewed changes to the ordinance based on Council input at the July 25, 2011 meeting. Council confirmed that the proposed ordinance does not restrict hours of operation for snow blowers and suggested some adjustment to the times designated in the ordinance. Mr. Banchefsky will make the suggested changes and the ordinance will be brought to the September Council meeting for a third reading.            

NEW BUSINESS

            Mr. Banchefsky presented a draft ordinance to address “Excessive Noise.” The language included definitions, hours of restriction, types of noises to be restricted, exceptions, and penalties. Mr. Kukura expressed his opinion that the ordinance is unnecessary. He reported he has spoken to several residents who concur with his opinion. Mr. Banchefsky stated that some police departments believe they are assisted by having an ordinance on the books under which they can take action. Ms. Siefkas expressed her opinion that there would be a benefit to the Village of having an enforceable ordinance. Mr. Roark expressed his opinion that the ordinance is not necessary and his concern that a noise restriction ordinance might be used as a “weapon” between neighbors. Ms. Siefkas stated her concern that homeowners may feel comfortable working with their neighbors to resolve issues, but apartment dwellers may not feel comfortable approaching their neighbors about excessive noise issues.

Mr. Cincione stated his opinion that the ordinance is unnecessary. Ms. Troiano,

Mr. Kukura and Mr. Roark concurred with Mr. Cincione. Council decided not to bring the draft ordinance to the table for formal consideration at this time.  

Council discussed the removal of the temporary Prescott Place sales/marketing sign at the corner of Arlington Ave. and Cardigan Ave.  Ms. McKay will review the temporary sign permit and contact Prescott Place regarding the status of the sign.  

            Mayor Studebaker thanked Mr. Cincione and Mr. Sterneker for representing the Village at the Grandview High School Band concert in Falco Park on August 14^th. 

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Kukura seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 8:50 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal Officer

REGULAR COUNCIL MEETING OF July 25, 2011

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, July 25, 2011 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, Linda J. Siefkas, Robert W. Sterneker, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes, and Fiscal Officer, Cynthia McKay. Visitors and press were present. Mr. Roark moved Mr. Kukura be excused. Mr. Cincione seconded. The motion passed unanimously. 

VISITORS

            Mayor Studebaker introduced the first reading of R-2304-11, A Resolution to adopt the Solid Waste Management Plan for the Solid Waste Authority of Central Ohio.

            Mayor Studebaker introduced Albert Iosue from SWACO and asked him to explain the proposed update to the Solid Waste Management Plan for the Solid Waste Authority of Central Ohio. Mr. Iosue explained that each waste authority in Ohio is required to have a 15 year plan which is updated and approved every 5 years. The EPA has completed a preliminary review of the plan update and SWACO is now requesting review and approval by the participating municipalities. To date, 35 of the 41 of the municipalities have approved the plan. Mr. Roark asked what would happen if the EPA did not approve the plan. Mr. Iosue stated that, based on the EPA’s preliminary review and comments, he anticipates the EPA will give final approval. Mr. Roark asked if anything in the plan specifically impacts the Village. Mr. Iosue explained that nothing in the plan is municipality specific, but applies to all municipalities in their service area.   

Mr. Roark moved the rules be suspended. Mr. Cincione seconded. The motion passed unanimously. Mr. Roark moved the adoption of R-2304-11. Mr. Sterneker seconded. The motion passed unanimously.  

CONSENT AGENDA

 Mr. Cincione moved adoption of the Consent Agenda. Ms. Siefkas seconded. The Consent Agenda was adopted unanimously.  

MAYOR’S REPORT

            Mayor Studebaker reported he has no new economic development information. He reported there is still discussion going on with some businesses who have expressed interest in moving to the Village. 

            Ms. Siefkas asked if the Village has received any comments about the removal of trees at the former NiSource property. Ms. McKay reported the Village Hall received one telephone call and one email. Both expressed concerns about the removal of the trees. Ms. McKay stated she or Mr. Johannes explained the tree removal was part of the plan to expand the parking lot and that new landscaping is planned for the property.

Mr. Johannes stated he has received positive comments about the appearance of the property and several Council members reported similar positive comments. 

ENGINEER’S REPORT

            Mr. McFarland presented the results from the bidding for the Arlington Ave. Crack and Slurry Seal Project. Two contractors submitted bids – Strawser Construction and American Pavements – with American Pavements offering the lower bid at $29,852.75. Both bids were below the engineer’s estimate. Mr. McFarland reported the project would begin sometime in late August or early September. Mr. Sterneker asked that the contractor be requested to avoid work the week of the Our Lady of Victory Festival (August 19^th and 20^th). Mr. McFarland agreed that the contractor would schedule around the festival dates so as not to create any traffic or parking problems. Mr. McFarland recommended Council accept the American Pavements, Inc. bid for the project.        

            Mayor Studebaker introduced the first reading of O-2301-11, An Ordinance accepting a bid for the 2011 Arlington Ave. Crack & Slurry Seal Project, waiving any bid irregularities, and declaring an emergency.

Mr. Sterneker moved the rules be suspended. Mr. Cincione seconded. The motion passed unanimously. Mr. Sterneker moved the adoption of O-2301-11. Ms. Troiano seconded. The motion passed unanimously.

Council removed the emergency condition from Ordinance O-2301-11. 

            Mr. McFarland presented a quote from Decker Construction to complete repairs of several points of pavement distress along Arlington Ave. prior to the crack and slurry seal project. The point repairs will extend the life of the crack and slurry seal. Ms. McKay reported the Council has appropriated adequate street funds for the repair work. Mr. Cincione moved acceptance of the Decker Construction quote for pavement repairs on Arlington Ave. and approval of up to $9,000.00 for the project. Ms. Troiano seconded. The motion passed unanimously.   

            Mr. McFarland reported he is completing the bid book for the 2011 Dublin Rd. Storm Sewer Rehabilitation Bidding Process and plans to have a contract recommendation for Council by the September Council meeting. 

            Mr. McFarland presented a revised zoning map for Council review and explained the changes made to the map last approved in 2004. Council discussed the changes to the map and made suggestions for additional changes and corrections. Mr. McFarland will incorporate the suggestions and bring the final map to the August Council meeting for approval. 

            Mr. McFarland reported, in response to complaints received, he wrote letters to two residents who had parked boats on Village streets asking that they be removed. Both boats were removed as requested. 

            Mr. McFarland reported the updated drainage system at 1489 Arlington Ave. has been installed and the concerns raised by Council during the variance process for the pool installation at that address appear to be addressed. 

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council. 

ADMINISTRATIVE ASSISTANT’S REPORT

            Mr. Johannes reported there has been an increase in traffic accidents at the W. Fifth Ave. and Dublin Rd. intersection. The increase appears to be related to the increase in traffic through the intersection as a result of the Lane Ave. detour in place through mid or late August. Mr. Johannes reported he has discussed the situation with the City of Columbus Traffic Engineering Department which has made adjustments to the traffic signal timing to ease and improve traffic flow during the Lane Ave. construction.

Mr. Johannes also discussed the situation with Upper Arlington’s Traffic Engineering Department. They apologized for failing to give Marble Cliff advanced warning of the planned detour, but reported the construction work should be completed on or ahead of schedule.  

Mr. McFarland left the meeting at this point. 

APPROVAL OF BILLS

Mr. Cincione moved approval of the July 2011 bills totaling $76,856.58.  Mr. Roark seconded. The motion passed unanimously. 

Mr. Cincione moved approval of the amended June 2011 bills totaling $70,666.98.  Ms. Troiano seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT         

Ms. McKay presented a supplement appropriation for Council review and approval. 

Mr. Cincione moved approval of the following supplemental appropriation:

$20,000 from 1000-800-397-0000 to 1000-730-346-0000 for CMOM Engineering fees.

$1,000 from 1000-710-351-0000 to 1000-715-325-0000 for legal advertising.

Mr. Sterneker seconded. The motion passed unanimously. 

            Mayor Studebaker introduced the first reading of O-2302-11, An Ordinance authorizing the Fiscal Officer to execute a depository agreement for active, interim and/or inactive public funds with PNC Bank for the Village of Marble Cliff. Mr. Cincione moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2302-11. Mr. Roark seconded. The motion passed unanimously.  

OLD BUSINESS

            Mayor Studebaker introduced the second reading of R-2299-11, A Resolution reauthorizing an agreement between the Village of Marble Cliff and the Board of County Commissioners, Franklin County, Ohio on behalf of the Village of Marble Cliff in order to participate in the Franklin County, Ohio Department of Housing & Urban Development (HUD) Entitlement Program and abide by the covenants of that program as stated herein.Mr. Roark moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Roark moved the adoption of R-2299-11. Mr. Sterneker seconded. The motion passed unanimously.            

NEW BUSINESS

            Mayor Studebaker introduced the first reading of O-2303-11, An Ordinance amending Chapter 136 of the Codified Ordinances of the Village of Marble Cliff, Ohio entitled “Public Order” to enact section 136.16 entitled “Disturbing the Peace.”

            Mr. Banchefsky reviewed the newly drafted section designed to limit hours of work and related noise. Council discussed the proposed ordinance and made several recommendations for changes as well as suggestions for clarifying the language.

Mr. Banchefsky will incorporate the recommendations and suggestions of Council into the proposed ordinance for discussion at the August Council meeting.  

            Mr. Banchefsky explained the difficulties of establishing and enforcing a traditional noise ordinance. He explained that they can be challenged constitutionally and they can create enforcement difficulties. Grandview Police Chief Wood explained that the police, when they are notified of a noise issue, approach the situation with an attitude of encouraging consideration of the neighbors and the entire neighborhood. Mr. Banchefsky provided a sample noise ordinance designed to address non-human, device noise such as amplified music. Council discussed the benefits as well as the challenges of crafting and enforcing a noise ordinance to curb noise created by parties and playing at “late” hours.” Ms. Siefkas expressed interest in having an ordinance that creates fines and consequences for disturbing the quiet at late hours. Mayor Studebaker commented that the sample ordinance language does not specify hours of enforcement.

            Mr. Roark asked if there is a history of problems that would indicate the need for a noise ordinance. Ms. Siefkas reported that there have been problems in the past with one of the larger apartment complexes. Mr. Sterneker asked Mr. Banchefsky to summarize his concerns and reservations about a traditional noise ordinance. Mr. Banchefsky stated that the ordinance could be challenged constitutionally or challenged for being unevenly enforced or for being “vague.”  Research has shown that such ordinances can be used by some residents as “weapons” demanding strict enforcement and creating difficulties for police and elected officials. Ms. McKay suggested that the Village collect information regarding complaints from the police department over the balance of the summer to determine if an issue exists that requires legislation. Chief Wood agreed to report complaints and gather information that would be helpful to Council in their decision making process. 

            Mr. Sterneker reported the Grandview and Marble Cliff area has a large number of children’s soccer teams and because of construction at the elementary and middle school complex there are insufficient practice fields for this fall. Mr. Sterneker asked Council to allow the Village’s Cardigan Ave. lot to be used as a soccer practice field. The use would require the removal of one tree and its stump. Mr. Sterneker stated they would place temporary goals for the season and the field would be used two to three times a week after 5:00 pm. Mr. Roark asked if there is sufficient parking without disturbing the businesses in the area. Mr. Sterneker stated his opinion that there is sufficient parking along the edge of the field for the number of cars that are usually present at a practice. Mr. Sterneker stated that team representatives would mow the field during the season.

            Ms. Siefkas asked if other groups would want to use the field and might that create scheduling problems. Mr. Sterneker stated he does not anticipate scheduling conflicts.

Mr. Banchefsky stated his opinion that the Village would not have increased liability if the field is used as a soccer practice area but asked the Fiscal Officer to check with the Village’s insurance carrier to confirm adequate and appropriate coverage. Ms. McKay stated her concern that parents might drop children off on the east side of the railroad tracks and allow them to cross the tracks to get to the field.

            Council agreed to allow the Village owned field on Cardigan Ave to be used this fall as a soccer practice field, but asked that coaches and parents be informed in writing that the railroad track should not be crossed and that the business along Cardigan Ave. be informed of the intended use. Council authorized Mr. Sterneker to remove the tree and stump in the practice area at no cost to the Village.  

            Ms. Troiano asked if Council is interested in arranging a pot luck, end of summer picnic. Staff reported no interest has been expressed to the office. Mr. Sterneker reported one group has been discussing the possibility of an activity, but had no additional details. Ms. Troiano stated she would gather more information. 

            Ms. Troiano reported receiving calls regarding a police report of jewelry missing from the home of a resident who was preparing to move. The jewelry in question had apparently not been accounted for in several years and the police report indicated there was no evidence to confirm theft. Ms. Troiano suggested holding another Block Watch meeting in August or September. Chief Wood confirmed that the police cannot confirm when the jewelry in question might have been lost or if it was taken by a family member or stolen by burglary or theft. Council agreed that the Block Watch meeting can be held at Village Hall and Chief Wood agreed to attend the meeting to address concerns. 

ADJOURN

Mr. Sterneker moved the meeting be adjourned. Ms. Troiano seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 8:50 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                           Fiscal Officer

REGULAR COUNCIL MEETING OF JUNE 13, 2011

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, June 13, 2011 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, Linda J. Siefkas, Robert W. Sterneker, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes, and Fiscal Officer, Cynthia McKay. No visitors or press were present. 

Mr. Roark moved Mr. Kukura be excused. Ms. Troiano seconded. The motion passed unanimously. 

CONSENT AGENDA

 Mr. Cincione moved adoption of the Consent Agenda. Ms. Siefkas seconded. The Consent Agenda was adopted unanimously.  

MAYOR’S REPORT

            Mayor Studebaker reported he, Mr. Banchefsky and Ms. McKay met with a tech company with 25 employees which is considering relocating into the building at 2200 W. Fifth Ave. They plan to grow to 80 employees over the next six years. The company has asked the Village to consider extending financial incentives to the company. The company has also requested the Village actively support their application for incentives available from the state. Mayor Studebaker stated the Village would consider financial incentives and would support their application to the state for incentives. The company considers the 2200 W. Fifth Ave. to be in “move in” condition and hopes to make a decision fairly quickly. The building space will accommodate their proposed growth. 

            Mayor Studebaker reported he met with Robert Meyers of Riverside 10, LLC. Mayor Studebaker toured the building at 1600 Dublin Rd. with Mr. Meyers. The owners have begun replacing some of the trees removed for the parking lot expansion. Mr. Meyers also reported that a lease has been signed for the first floor of the north building. The new tenants are NiSource and they plan to bring in approximately 35 employees and may grow to 50. The employees are in accounting and human resources. Mr. Meyers reported Riverside 10, LLC is still in negotiations for leasing the second floor of the north building. Mayor Studebaker also reported the new owners are considering not adding the new “portal” structure between the north and south buildings which was presented to Council at the regular May meeting.  

ENGINEER’S REPORT

            Mr. McFarland presented two letters of agreement for engineering services. One agreement is for the 2011 Dublin Road Storm Sewer Rehabilitation (attached to O-2297-11) and the other is for the CMOM project (attached to O-2298-11). Mr. McFarland explained the scope of services for both projects and answered Council questions.  

            Mayor Studebaker introduced the second reading of O-2297-11, An Ordinance authorizing the Mayor and Fiscal Officer to enter into an agreement with Burgess & Niple, Inc. for professional engineering services for the 2011 Dublin Road Storm Sewer Rehabilitation for the Village of Marble Cliff.

Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2297-11. Ms. Troiano seconded. The motion passed unanimously.      

            Mayor Studebaker introduced the first reading of O-2298-11, An Ordinance authorizing the Mayor and Fiscal Officer to enter into an agreement with Burgess & Niple, Inc., for professional engineering services for a Capacity Assessment, Management, Operation and Maintenance Program (CMOM) as required by the OEPA Findings and Orders dated February 11, 2009 for the Village of Marble Cliff.

            Mr. McFarland explained the “not to exceed fee” is established at a fee that would cover the engineering fee if Burgess and Niple completed all of the work. However, the plan is to have the Village staff perform the bulk of the work with B&N acting in a consulting and oversight capacity.

Mr. Roark moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Roark moved the adoption of O-2298-11. Mr. Sterneker seconded. The motion passed unanimously.  

            Mr. McFarland reviewed the plan prepared in 2010 which outlined a long term pavement maintenance plan for Village streets. The plan recommends the Village perform crack and slurry seal on Arlington Ave. north of W. Third Ave. this year. The estimated cost of the work is $36,000. Mr. McFarland asked Council if they would like for him to collect bids for the project. Ms. McKay reported the cost of the project is included in the budget for 2011. Mr. McFarland stated the project should be completed by mid-October to avoid weather problems. Mr. Sterneker asked how long the process extends the life of the street pavement. Mr. McFarland stated it will extend the pavement life for 5 or 6 years. Council asked Mr. McFarland to prepare the bid package. The project will come back to Council for final approval after bids are collected. 

            Mr. McFarland updated Council on the status of the swimming pool project at 1489 Arlington Ave. Mr. McFarland has recommended to the home owner an option for updating and improving the drainage on the property. He has suggested a new line be installed to drain the pool surround and the roof drains on the west side of the house be disconnected from the existing drainage system and piped instead to Cardigan Ave. Council asked Mr. McFarland to follow up with a letter to the home owner and contractor documenting the recommendations that have been made, a time schedule for finalizing the new drainage system and establishing a process for Mr. McFarland to give final approval for the plan.

            Mayor Studebaker reported a third violation of the hours of work specified in the variance approved by Council for the swimming pool at 1489 Arlington Ave. Mayor Studebaker reported the home owners have received one written and two verbal notices of the violation. Council discussed options for addressing the violations. No action was taken. 

            Ms. Siefkas asked about the construction at 1449 Arlington Ave. Mayor Studebaker stated the home owners have been conscientiously notifying neighbors about the project and provided contact numbers to allow neighbors to contact them if they have any questions or concerns about the work being done.  

Mr. McFarland left the meeting at this point.             

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council. 

ADMINISTRATIVE ASSISTANT’S REPORT

            Mr. Johannes reported Paul Peterson Company has begun the work to replace traffic signs throughout the Village. 

            Mr. Johannes reported he authorized the removal of a dead crabapple tree on the Cambridge Island. He did not recommend replacement at this time, but will add it to the list of tree to be replaced at some time in the future. 

APPROVAL OF BILLS

Mr. Roark moved approval of the June 2011 bills totaling $63,644.05.  Mr. Sterneker seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT         

            Ms. McKay reported she requested competitive quotes for the Village’s insurance. However, none were received. The Village’s independent agent reported to Ms. McKay that she was unable to secure any quotes competitive with the Village’s current coverage package and premium. Ms. McKay also reported a representative of Wells Fargo asked for information to bid but declined to bid after review of coverage and current premium. The renewal premium of $6,673 is $114 lower than the 2010 premium as a result the Village’s credit for good claims experience.

            Mayor Studebaker introduced the first reading of O-2300-11, An Ordinance authorizing the Mayor and Fiscal Officer to execute an agreement to renew the policy with Ohio Government Risk Management Plan for property, liability, wrongful acts, automobile, bond, crime, inland marine and electronic data processing insurance.

Mr. Sterneker moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Ms. Troiano moved the adoption of O-2300-11. Mr. Roark seconded. The motion passed unanimously.  

OLD BUSINESS

            Mayor Studebaker introduced the third reading of O-2291-11, An Ordinance adopting a budget for the year 2012 for the Village of Marble Cliff.

Mr. Roark moved the adoption of O-2291-11. Mr. Cincione seconded. The motion passed unanimously.  

            Mayor Studebaker introduced the fifth reading of O-2288-11, An Ordinance amending Section 136.04 (disorderly conduct) of the Code of Ordinances of the Village of Marble Cliff, Ohio.

Mr. Cincione moved to table indefinitely O-2288-11. Mr. Roark seconded. The motion passed unanimously. 

        Mr. Banchefsky presented sample language for an “Hours of Work” and a “Noise” ordinance. Mr. Banchefsky reviewed the proposed language for the “Hours of Work” legislation and the “Noise” legislation. Council asked Mr. Banchefsky questions, discussed the proposed language and offered suggestions for revision. Council expressed their concern that the ability of homeowners to perform work on their homes and yards be balanced against the need for neighbors to be able to enjoy their property without noisy disturbances. Ms. Siefkas stated her opinion that the proposed language is promising. She suggested the language separate the restrictions on home owners from the restrictions on commercial construction work. Mr. Banchefsky stated he would modify the proposed language to address the issues raised by Council and bring it to the July meeting for consideration.

            Mr. Banchefsky presented a copy of New Albany’s “Amplified Noise Restriction” language and explained the pros and cons of the language. Council discussed the language and made suggestions for revisions applicable to Marble Cliff. Mayor Studebaker reminded Council that residents raised concerns about noise and noisy activities as part of recent variance discussions. Those concerns prompted the consideration of noise and hours of work legislation. Council asked Mr. Banchefsky to draft language for formal consideration. Mr. Banchefsky also suggested that Mayor Studebaker speak with the Grandview Heights Police Chief for his suggestions and recommendations. 

            Mayor Studebaker reported the Falco Scholarship Committee awarded a $750 scholarship to Emma McGregor.           

NEW BUSINESS

            Mayor Studebaker introduced the first reading of R-2299-11, A Resolution reauthorizing an agreement between the Village of Marble Cliff and the Board of County Commissioners, Franklin County, Ohio on behalf of the Village of Marble Cliff in order to participate in the Franklin County, Ohio Department of Housing & Urban Development (HUD) Entitlement Program and abide by the covenants of that program as stated herein. No action was taken. 

            Council discussed moving the regular July Council meeting to July 25^th because two members are unable to attend on the scheduled date. Council asked Ms. McKay to confirm members’ availability on the 25^th. 

            Mayor Studebaker thanked Ms. Troiano for representing the Village at the Blue Star Mothers Memorial Day service. 

ADJOURN

Mr. Sterneker moved the meeting be adjourned. Mr. Cincione seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 8:45 PM. 

Approved by:                                                               Submitted by:

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal

REGULAR COUNCIL MEETING OF MAY 16, 2011

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, May 16, 2011 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes, and Fiscal Officer, Cynthia McKay. Visitors and press were present. 

PUBLIC HEARING – 2012 BUDGET

            Mayor Studebaker opened the Public Hearing for the 2012 Budget and introduced the second reading of O-2291-11, An Ordinance adopting a budget for the year 2012 for the Village of Marble Cliff. Ms. McKay reviewed the proposed budget and reported no comments or questions had been received at Village Hall prior to the hearing. Council asked question then the Mayor opened the floor to the public for questions and comments. No questions or comments were received. Mayor Studebaker closed the Public Hearing. 

VARIANCES AND PERMITS

            Mayor Studebaker invited John Behal, architect for Riverside 10 LLC (the new owners of 1600 Dublin Rd.), to describe the proposed architectural and landscaping changes to 1600 Dublin Rd. Mr. Behal provided Council with updated plans and renderings for the property and described the proposed changes to the façade of the north building and the new “entrance portal” to be installed between the north and south buildings. He also explained the proposed revisions to the parking lot to increase the number of parking spaces from 590 to 640.  Mr. Behal pointed out the future plans for the property might include a small outbuilding that could be a bank or medical office building. He stated any such plan will be brought back to Council for separate approval.

            Mr. Behal reviewed the three variances requested by Riverside 10 LLC and explained the purpose of each of the requests for variance from existing code. Council asked questions and discussed the project as presented.

            Robert Meyers, representing Riverside 10 LLC, reviewed the existing buildings’ construction and the available square footage available for lease. Mr. Meyers told Council he and his partners have been considering options for improving the property for several years and are very pleased with the decisions that have been made. He hopes to move forward on the work almost immediately – if the weather permits. Mr. Meyers stated 60 trees between 4.5 and 6.5 inches in caliper have been purchased as part of new landscaping for the property.

            Mr. Meyers also reported that in addition to the current tenants which will remain, Riverside 10 LLC has several leasing proposals outstanding and anticipates finalizing one of those proposals within the coming days. That lease would bring approximately 60 new employees to the north building by midsummer.

            Ms. Troiano asked if the variances under consideration include the proposed curb cut. Mr. Behal stated that the curb cut and signage with be considered separately.

Ms. McKay confirmed that the Village offices received no comments in favor or opposition to the requested variances. Council discussed the advantages and challenges of the designed additional curb cut. Ms. Troiano asked if the additional parking places will be adequate. Mr. Behal said he believes the parking will be adequate based on standard engineering assumptions and the type of tenants anticipated. Mayor Studebaker asked if development of the outbuilding will create a need for additional parking. Mr. Meyers stated the parking is designed to be adequate even if the outbuilding is constructed.

Mr. Meyers also explained expanded video camera monitoring is being installed on the property to improve overall security at the site.

            Mr. Behal explained that the new entry is an architectural element, but does not provide new usable space. The structure is an open “arch” which will add height and focus to the building as a unifying point.

            Mr. McFarland stated his reservation about O-2295-11 which would approve use of the Village right of way. Mr. Kukura asked if the variance would allow expanded use of the right of way. Mayor Studebaker pointed out that the variance language limits the use to the West Fifth Ave. side of the property and is defined by the drawings attached to the variance application. 

            Mayor Studebaker introduced the first reading of O-2293-11, An Ordinance granting a lot coverage variance to Riverside 10 LLC, for the property at 1600 Dublin Road, in the Village of Marble Cliff and declaring an emergency.

Mr. Roark moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2293-11. Mr. Kukura seconded. The motion passed unanimously. Mr. Cincione moved the ordinance be adopted as emergency legislation for purposes of economic development and for construction to begin during the current construction season. Ms. Troiano seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, yes; Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed unanimously.

            Mayor Studebaker introduced the first reading of O-2294-11, An Ordinance granting a height variance to Riverside 10 LLC for the property at 1600 Dublin Road in the Village of Marble Cliff and declaring an emergency.

Mr. Roark moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Roark moved the adoption of O-2294-11. Mr. Sterneker seconded. The motion passed unanimously. Mr. Cincione moved the ordinance be adopted as emergency legislation for purposes of economic development and for construction to begin during the current construction season. Ms. Troiano seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, yes; Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed unanimously.

            Mayor Studebaker introduced the first reading of O-2295-11, An Ordinance granting a variance allowing occupancy of public right-of-way to Riverside 10 LLC for the property at 1600 Dublin Road in the Village of Marble Cliff and declaring an emergency.

Mr. Roark moved the rules be suspended. Ms. Troiano seconded. The motion passed unanimously. Mr. Sterneker moved the adoption of O-2295-11. Ms. Siefkas seconded. The motion passed unanimously. Mr. Roark moved the ordinance be adopted as emergency legislation for purposes of economic development.

Ms. Troiano seconded.  Roll call: Mr. Roark, yes; Mr. Cincione, no; Mr. Kukura, yes; Ms. Siefkas, yes; Mr. Sterneker, yes; Ms. Troiano, yes. The motion passed 5 in favor and one opposed. 

At this point Mr. Kukura was excused from the meeting to present a Falco Scholarship award at the Grandview Heights High School Award Assembly. 

VISITORS

            Mayor Studebaker introduced David Wood, the new Chief of Police for Grandview Heights. Mr. Wood provided Council with a brief summary of his professional career and personal connections to the Grandview and Marble Cliff area. Mayor Studebaker told Council he participated in the hiring interviews with Chief Wood and stressed the importance of having the chief be a visible presence in the community. Chief Wood expressed his pleasure with the new opportunities to interact with the community and its residents that his new position presents. He also indicated his plan to have the Grandview police officers out of their cruisers and interacting with the community whenever possible.  

CONSENT AGENDA

Mr. Roark moved adoption of the Consent Agenda. Ms. Troiano seconded. The Consent Agenda was adopted unanimously.  

MAYOR’S REPORT

            Mayor Studebaker reported he has been contacted by SWACO asking for community recommendations to fill an open public representative position on the SWACO Board. Council offered no recommendations. 

            Mayor Studebaker reported he has met with Grandview Heights Mayor DeGraw and Council President Reynolds and discussed the Village’s contract for services with Grandview Heights. The current contract for services expires at the end of 2011. Mayor Studebaker shared with Mayor DeGraw and Mr. Reynolds that Village Council has asked staff to review options for Village services beyond Grandview Heights. He noted that Grandview is currently in negotiations for a new police contract. 

            Mayor Studebaker reported the annual Blue Star Mothers Memorial Day Service will be held on May 26^th. 

ENGINEER’S REPORT

            Mr. McFarland reported the Village received notice that the application for an OPWC grant has been approved. The Village will receive a $144,000 grant toward the project to repair the storm water sewer lines under Dublin Rd. Because the award is a grant, the Village will not be required to repay the $144,000. The Village will, however, be required to add approximately $45,000 directly to the project. 

            Mr. McFarland reported the OEPA has received the Village’s SSES Report and approved it as the Final SSES Report as required by the Director’s Findings and Orders. The approval releases the Village from additional SSES testing and reporting.

Mr. McFarland and Village staff will begin work on the CMOM report – also required by the Director’s Findings and Orders – which is due in February 2012. 

            Mr. McFarland reported the Village has received final drawings for the proposed bike path along Dublin Rd. in the Village. Mr. McFarland and Ms. McKay met with representatives of the City of Columbus to address concerns indentified by Mr. McFarland in his review of the plans. The City of Columbus has agreed to provide pedestrian crossing signals at the intersection of Dublin Rd. and W. Fifth Ave. as part of the project. They have also agreed to make any necessary changes to the design to ensure that current storm water retention and water quality issues are addressed as required by Village Code and existing property easements. 

            Mr. McFarland reported he sent a letter to Ed Bowman, owner of the property at 1400 Dublin Rd. informing him that the sign on the property is in violation of Village Code requirements for maintenance and safety. Mr. Bowman has responded and indicated his intention to make the necessary repairs in a timely fashion. 

            Mr. McFarland has met with the contractor installing the pool at 1489 Arlington Ave. and examined the existing drainage system on the property. The grade of the system is designed to drain predominately to Arlington Ave. However, the system does not have an outlet into the Village’s storm water collection system. Rather it drains into a small French drain gravel pit immediately behind the curb on Arlington Ave. In addition to draining ground water, the downspouts on the house are tied into the system. Mr. McFarland is continuing to work with the contractor and the property owner to ensure the drainage system is adequate.

            Mr. McFarland also met with Richard Dick, 2001 Cardigan Ave., to review ongoing issues of standing water on his property. Mr. McFarland stated his opinion that the major cause of standing water on the 2001 Cardigan Ave. property is the landscaping which has filled the natural swale that previously moved water off the property to the west.

Mr. McFarland shared his opinion with the property owner and suggested possible options to correct the identified problems.  

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council.

ADMINISTRATIVE ASSISTANT’S REPORT

            Mr. Johannes presented quotes for replacing traffic and parking signs throughout the Village. He asked Council for approval of the proposal from Paul Peterson for up to $4,800 for the purchase of up to 101 new signs and up to 6 new sign posts. Mr. Roark moved approval of the quote from Paul Peterson of up to $4,800.00 for purchase and installation of up to 101 new traffic and parking signs and up to 6 new posts. Ms. Siefkas seconded. The motion was approved unanimously. Council discussed the high number of signs in the Village and asked Mr. Johannes to identify any signs that can be removed or moved onto another existing pole or post. 

            Mr. Johannes presented quotes for pruning and trimming lawn trees on Cambridge and Blvd. Mr. Sterneker moved approval of the quote from Brad Conaway of up to $6,500.00 for pruning 51 trees along Cambridge between 3^rd and 5^th Aves. and Cardigan between Cambridge Blvd. and Roxbury. Ms. Siefkas seconded. The motion was approved unanimously. 

            Mr. Johannes reported he plans to have 15 cubic yards of wood chips delivered on May 23^rd for maintenance of the Tarpy Woods path. The work will be done by members of the Grandview Heights High School senior class. 

Mr. Kukura returned at this point. Mr. McFarland left the meeting at this point. 

APPROVAL OF BILLS

Mr. Roark moved approval of the May 2011 bills totaling $103,652.39.  Ms. Troiano seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT         

Ms. McKay presented a supplement appropriation for Council review and approval. 

Mr. Sterneker moved approval of the following supplemental appropriation:

$20,000 from 1000-800-590-0000 to 1000-715-341-0000 for legal fees for Bond Refinancing.
$10,000 from 3101-850-720-0000 to 3101-850-790-0000 for “early call” penalty on General Obligation Bond.

Mr. Roark seconded. The motion passed unanimously. 

OLD BUSINESS

            Mayor Studebaker introduced the fourth reading of O-2288-11, An Ordinance amending Section 136.04 (disorderly conduct) of the Code of Ordinances of the Village of Marble Cliff, Ohio. Mr. Banchefsky asked Council to defer action on the proposed ordinance until the June Council meeting. Ms. Troiano suggested the disorderly conduct and noise portion of the proposed ordinance should be separated. Mr. Banchefsky concurred with Ms. Troiano’s recommendation. Mr. Kukura recommended that snow blowers should not be included in the time restrictions in the proposed ordinance. 

            Ms. McKay reported the bond refinancing paperwork is close to completion.

Mr. Kukura asked if the Village has received a final bill from the bond counsel. Ms. McKay reported an estimate of approximately $15,000 has been received.  

            Mr. Kukura reported the Falco Scholarship Committee awarded a $1,000 scholarship to Alex Jones. The committee is still considering an additional award.           

NEW BUSINESS

            Mayor Studebaker introduced the first reading of O-2296-11, An Ordinance authorizing the expenditure of funds of $350 for the Music in the Park Program and declaring the expenditure to constitute a public purpose.Mr. Cincione moved the rules be suspended. Mr. Roark seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2296-11. Mr. Kukura seconded. The motion passed unanimously.  

            Mayor Studebaker introduced the first reading of O-2297-11, An Ordinance authorizing the Mayor and Fiscal Officer to enter into an agreement with Burgess & Niple, Inc. for professional engineering services for the 2011 Dublin Road Storm Sewer Rehabilitation for the Village of Marble Cliff. No action was taken. 

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Kukura seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 8:45 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                           Fiscal Officer

REGULAR COUNCIL MEETING OF APRIL 18, 2011 

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, April 18, 2011 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes, and Fiscal Officer Cynthia McKay. No visitors or press were present.

CONSENT AGENDA

Mr. Kukura moved adoption of the Consent Agenda. Mr. Cincione seconded. The Consent Agenda was adopted unanimously.

MAYOR’S REPORT

            Mayor Studebaker reported no new information related to economic development in the Village.

            Mayor Studebaker reported the 2010 Federal Census shows the Village population is now 573. The population was 646 according to the 2000 Federal Census. The number of housing units is up to 321 from 303 in 2000. The decrease in population is related to the closing of St. Raphael’s Home for the Aged; the increase in housing units is related to the Prescott Place development of the St. Raphael’s property. 

            Council agreed to move the June regular Council meeting to June 13, 2011.  

ENGINEER’S REPORT

            Mr. McFarland reported the Ohio Environmental Protection Agency has acknowledged receipt of the Village’s final SSES Report. Mr. McFarland is corresponding with the agency to address a few items. But he believes good progress is being made toward final approval of the submitted report. 

            Mr. McFarland reported the Village’s application for an Ohio Public Works Commission grant has been moved to the Small Government Program. The application scored 55 which agreed with Mr. McFarland’s initial scoring. Final notification will occur in early May. 

            Mr. McFarland reported the storm water inlet in front of 1600 Fernwood Ave. partially collapsed. The necessary repair of the inlet and an additional inlet on the west side of Fernwood Ave. were repaired by Decker Construction. 

            Mr. McFarland reported the Village received final engineer’s drawings for the City of Columbus bike path. He has reviewed the plans and identified items which need to be addressed by the City of Columbus before moving forward on the construction. 

            Mr. Johannes reported Mr. McFarland has contacted the Mattingly family on Cambridge Blvd. instructing them to replace the broken sidewalk at the front of their property by April 29, 2011. The damage was a result of plumbing work performed on the property. 

Mr. McFarland left the meeting at this point. 

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council.

ADMINISTRATIVE ASSISTANT’S REPORT

            Mr. Johannes reported the Cambridge Island fountain is running. Peabody updated the electrical outlets for improved operation and safety. 

            Mr. Johannes informed Council he is collecting quotes for pruning and trimming trees in the Village tree lawn on Cardigan and Cambridge between 5^th and 3^rd Ave. 

            Mr. Johannes also reported he is completing a Village sign inventory to identify signs for replacement.

            Mr. Johannes reported a resident asked if he can place a bee hive on his property. Mr. Johannes stated there are no regulations restricting a resident from having a bee hive, but he recommended the resident inform his neighbors to ensure that children are made aware of the hive. 

            Mr. Johannes also reported receiving an inquiry from a non-resident regarding Village restriction of solar panels or wind turbines. He stated there are no existing restrictions. Council discussed the inquiry. Mr. Cincione stated he has very little concern about solar panels, but is curious whether the Village might have a location where a turbine could be installed to the benefit of the Village. No action was taken. 

APPROVAL OF BILLS

Mr. Cincione moved approval of the April 2011 bills totaling $63,111.00.  Mr. Kukura seconded. The motion passed unanimously.Mr. Sterneker moved approval of the amended March 2011 bills totaling $67,591.02. Mr. Kukura seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT    

            Ms. McKay presented a supplement appropriation for Council review and approval. 

Mr. Kukura moved approval of the following supplemental appropriation:

$24.36 from 9976-990-990-0000 to 9976-710-391-0000 for payment of bank fee

Ms. Siefkas seconded. The motion passed unanimously. 

            Working with Mayor Studebaker and Mr. Banchefsky, Ms McKay reported she has modified the Village’s investments with 5/3 Bank. The Falco Scholarship Fund investment has been moved to two, $100,000 CD’s which will pay interest into a government money market account for distribution. The CD’s invest only the principal of the fund which cannot be spent. The two CD’s have a staggered maturity dates to maximize interest income.

            Ms. McKay reported she has altered the Village’s pooled investment with 5/3 Bank in a similar fashion to the Falco Scholarship Fund. $800,000 has been invested in 8 CD’s with staggered maturity dates that will pay monthly or quarterly interest into a government money market account. The intent of the change is to increase interest income while ensuring the Village is never more than three months away from a $100,000 investment maturity in the event of an unexpected expense.

            Mr. Sterneker asked if the Village is limited in its investment options. Ms. McKay reported she has not had the financial training required by the state to participate in expanded investment options. 

OLD BUSINESS

            Mayor Studebaker introduced the third reading of O-2288-11, An Ordinance amending Section 136.04 (disorderly conduct) of the Code of Ordinances of the Village of Marble Cliff, Ohio.

            Mr. Banchefsky suggested the ordinance be tabled until he has an opportunity to revise the language. Mayor Studebaker pointed out that Ms. Siefkas has also suggested the hours of noise restriction on Sunday be expanded. Mr. Studebaker recommended the ordinance be held over for an additional reading. Council concurred with the recommendation 

            Mr. Kukura updated Council on the status of the Park Bond refinancing. He reported that, after discussion with Mayor Studebaker, Mr. Banchefsky, and Ms. McKay,  the recommendation is to accept the Huntington Bank offer to refinance the bond at 3.99%. He also recommended that the Village pay the early call fee of $10,000 and the attorney’s fees directly and not roll those costs into the refinancing. Mr. Banchefsky has discussed the proposal with Rebecca Princehorn, Village Bond Counsel, and she concurs with the recommendation. Mr. Banchefsky suggested the following motion to adjust the previously approved legislation regarding the refinancing: Motion to accept the term sheet from Huntington National Bank dated April 18, 2011 and to eliminate the requirement that bonds be in book entry form only.

Mr. Cincione moved the Village Council accept the term sheet from Huntington National Bank dated April 18, 2011 and to eliminate the requirement that bonds be in book entry form only. Mr. Kukura seconded. The motion passed unanimously.           

            Ms. McKay reported she has met with Gail Anderson from Cotswold Condominiums to arrange for Village trash and recycling services by June 1, 2011. Education materials are being prepared. The trash dumpsters will be removed and the north dumpster will be replaced with a small shed to hold condominium equipment and trash cans for the two units that do not have garages. 

NEW BUSINESS

            Mayor Studebaker introduced the first reading of O-2291-11, An Ordinance adopting a budget for the year 2012 for the Village of Marble Cliff. No action was taken. 

            Mayor Studebaker introduced the first reading of O-2292-11, An Ordinance to amend Ordinance O-2279-10 (2011 APPROPRIATION ORDINANCE) to make a supplemental appropriation of $24.36 to the Falco Scholarship Fund.Mr. Cincione moved the rules be suspended. Mr. Sterneker seconded. The motion passed unanimously. Mr. Cincione moved the adoption of O-2292-11. Ms. Troiano seconded. The motion passed unanimously.            

            Ms. McKay asked Council if they would like to host the Grandview Heights Marching Band for Music in the Park. Mr. Watkins has suggested August 14^th. Council agreed to the proposed date. Ms. McKay will bring the necessary legislation to the May meeting.

            Mayor Studebaker reported there are three baby foxes living under his porch.  

            Mr. Johannes reported he has arranged for a volunteer to remove a dead tree from Tarpy Woods. The volunteer will sign a volunteer release form before beginning the work. 

            Mr. Sterneker reported the Friends of Tarpy Woods performed Earth Day cleanup in the park. There are branches that need to be removed. 

            Ms. Troiano reported she has received complaints regarding cats running loose in the Village. She has contacted the GH Police Department. Council agreed the next option is for the individual to file a formal complaint to be heard in Mayor’s Court.  

ADJOURN

Mr. Roark moved the meeting be adjourned. Mr. Cincione seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 8:00 PM.

Approved by:                                                                 Submitted by:

David T. Roark                                                               Cynthia A. McKay
Council President Pro Tem                                             Fiscal Officer

REGULAR COUNCIL MEETING OF MARCH 21, 2011

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, March 21, 2011 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes, and Fiscal Officer Cynthia McKay. Visitors were present. 

Mr. Cincione moved Council President David T. Roark and Council Member Robert W. Sterneker be excused. Mr. Kukura seconded. The motion passed unanimously. 

VISITORS

            Mayor Studebaker introduced Gail Anderson from the Cotswold Condominium Association. Ms. Anderson explained their property has recently had problems with illegal dumping and “dumpster diving” at one of the two dumpsters on their property. Consequently they have had trash overflowing the dumpsters and blowing onto neighboring property. Ms. Anderson asked if the condominium residents could begin to use Village services through Grandview Heights and remove the dumpsters from their property.

            Mayor Studebaker explained that the Cotswold property was not served by the Village when it was a commercial rental property. However, other residential condominiums in the Village do receive their trash services from the Village. Linda Siefkas commented that she has received some complaints from Prescott Place residents about the conditions surrounding the dumpster on the south end of the property. Ms. Anderson has contacted the police for assistance to identify the illegal dumpers.

            Ms. McKay reported she has contacted the Grandview Heights Service Department to determine whether they could expand services to include Cotswold and whether there would be an additional charge for the expanded services. Ms. McKay stated the expanded services from the Village would also include recycling. She also stated that the change would involve educating the residents about services as well as how to arrange for bulk pick-ups when those services are needed.

            Joe Sugar from Prescott Place expressed his support for moving the Cotswold Condominiums to Village services.

            Council expressed support for moving the Cotswold Condominiums to Village services and asked staff to continue to work with Ms. Anderson to investigate options and any related costs.           

            Mayor Studebaker presented a concept drawing provided by Riverside Ten, LLC for redevelopment of the NiSource property which they have purchased. Mayor Studebaker met with one of the principals of Riverside Ten, LLC who reported they plan to move quickly with upgrades to the property. The group hopes to have tenants in the main building by third or fourth quarter 2011. The existing leases with Time Warner and Columbia Gas remain in effect. He stated he expects three items to come before Council for consideration.

1.      Expansion of the parking area,

2.      An additional or replacement curb cut on Dublin Rd. designed to line up with the main entrance of the building, and

3.      Variance(s) to allow construction of a small building on the northwest corner of the property that could be a bank branch or a doctor/dentist office.

The curb cut will be an issue that must be addressed by the Village and by the Ohio Department of Transportation because Dublin Rd./Route 33 is a federal highway.  

            Mayor Studebaker reported there has been interest expressed in the rear portion of 1400 Dublin Rd. but nothing substantial to this point. 

            The Village has been informed that the State of Ohio will be closing the Department of Rehabilitation office located in 2200 W. Fifth Ave. 

            Ms. McKay reported building permits have been issued for 2100 Marble Cliff Office Park. She reported receiving a complaint about the condition of the property and has contacted the property owner requesting the property be cleaned up and maintained during the ongoing construction. 

CONSENT AGENDA

 Mr. Cincione moved adoption of the Consent Agenda. Ms. Troiano seconded. The Consent Agenda was adopted unanimously.  

MAYOR’S REPORT

            Mayor Studebaker reported he has a conflict for the June regular meeting. He asked Council members to consider alternate dates and report their availability to the office.

Ms. McKay will send out an email reminder. She also suggested that Council members provide their summer vacation schedules.  

ENGINEER’S REPORT

            Mr. McFarland presented a schedule for completing the five components of the requirements of the OEPA Directors Findings and Orders including the items completed to date and all future requirements. He updated Council on the current status of the various requirements.

            Mr. McFarland introduced an overview of the Findings and Orders requirement to develop a Sanitary Sewer Capacity, Management, Operation and Maintenance (CMOM) report for submission to the Ohio EPA by February, 2012. Mr. McFarland stated he would like to get started on the work by mid-year. He commented that much of the work already completed for the SSES will be applicable to the CMOM report. A formal proposal for the project will be presented at a future meeting. Mr. McFarland left the meeting at this point.

SOLICITOR’S REPORT

Mr. Banchefsky had no report for Council. 

ADMINISTRATIVE ASSISTANT’S REPORT

            Mr. Johannes presented a proposal from Ahlum and Arbor to spray the Village crabapple and hawthorn trees with fungicide to maintain the trees. Mr. Kukura moved approval of the Ahlum and Arbor proposal to apply fungicide spray to Village tree lawn trees at a total cost of $1,245.00. Ms. Troiano seconded. The motion passed unanimously. 

            Mr. Johannes presented a proposal to purchase bulk hardwood mulch for the Tarpy Woods paths. Mr. Johannes has proposed the project of spreading the mulch to the faculty advisor for the Grandview Heights senior class. If approved by the class the work will be their class “Work Day” project to be performed on May 24, 2011. Mr. Johannes is working with two companies to determine the best cost for the mulch and the delivery. Mr. Banchefsky suggested that the volunteers sign the standard volunteer release form prior to the commencement of the work.Ms. Troiano moved approval of up to $900 for the purchase and delivery of hardwood mulch for the Tarpy Woods path.  Ms. Siefkas seconded. The motion passed unanimously. 

            Mr. Johannes presented the 2010 Mayor’s Court Summary.

APPROVAL OF BILLS

Mr. Kukura moved approval of the March 2011 bills totaling $67,502.39.  Ms. Troiano seconded. The motion passed unanimously. 

FISCAL OFFICER’S REPORT         

            Ms. McKay presented several supplement appropriations for Council review and approval.

Mr. Kukura moved approval of the following supplemental appropriations:

$463.99 from 1000-559-399-0000 to 1000-549-399-0000 for Sanitary Sewer Maintenance

$9,000.00 from 1000-210-640-0000 to 1000-210-325-0000 to allow for memo receipting of property taxes

$150.00 from 1000-740-610-0000 to 1000-740-325-0000 to allow for memo receipting of property taxes.

Ms. Siefkas seconded. The motion passed unanimously. 

            Ms. McKay asked Council if they would like her to gather quotes for the 2011-2012 insurance renewal. Council stated they would like to see quotes this year. Ms. McKay will request insurance quotes from multiple carriers including the current carrier. 

            Ms. McKay presented the Franklin County report listing the intersections in each community with the highest number of automobile crashes. W. Fifth Ave. and Dublin Rd. is the intersection with the highest number of crashes in Marble Cliff.           

OLD BUSINESS

            Mayor Studebaker introduced the second reading of O-2288-11, An Ordinance amending Section 136.04 (disorderly conduct) of the Code of Ordinances of the Village of Marble Cliff, Ohio. Ms. Siefkas suggested the hours of restriction on noise on Sunday be expanded. No action was taken. 

            Mr. Kukura updated Council on the status of the Park Bond refinancing. He explained that the fluctuating interest rates are making it difficult to accurately calculate the Village’s net savings from the proposed bond refinancing. Mr. Kukura reported Huntington Bank has expressed interest in purchasing the bonds directly which would eliminate many of the costs and fees associated with the reissue as proposed by Fifth Third Bank. However, some costs have already been incurred with Bricker and Eckler. He presented a proposal from Huntington Bank as well as a revised proposal from Fifth Third. Mr. Kukura stated his goal is to save the Village $100,000 over the next ten years.

            Mr. Banchefsky stated that the Ordinance O-2290-1, passed by Council on February 25, 2011, does provide latitude for the Council to work with the financial institution that provides the best rates and options. Mr. Kukura explained and compared the two current proposals.

            Council discussed the options for making the final decision on the proposals presented by Fifth Third and Huntington as well as addressing several procedural questions. Mr. Cincione moved Mayor Studebaker be authorized to review bond refinancing options and approve the option most beneficial to the Village.
Ms. Troiano seconded. The motion passed unanimously. 

ADJOURN

Mr. Cincione moved the meeting be adjourned. Mr. Kukura seconded.  The motion passed unanimously.  Mayor Studebaker adjourned the meeting at 8:35 PM. 

Approved by:                                                               Submitted by: 

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                          Fiscal Officer

SPECIAL COUNCIL MEETING OF FEBRUARY 25, 2011 

A special meeting of the Council of the Village of Marble Cliff was held Friday, February 25, 2011 in the Village Hall at 1600 Fernwood Ave. at 7:30 am.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker and Kendy A. Troiano; Village Solicitor, Mitchell Banchefsky and Fiscal Officer Cynthia McKay.  Visitors were present. 

Mr. Cincione moved Mayor Studebaker be excused. Mr. Kukura seconded. The motion passed unanimously. 

            Council President Roark introduced the second reading of O-2286-11, An Ordinance granting a conditional use permit for the use of the property located at 1450 Dublin Road in the Village of Marble Cliff.

Mr. Cincione moved the rules be suspended. Mr. Sterneker seconded. Mr. Cincione moved Ordinance O-2286-11 be amended to add new section 2 specifying the conditions under which the conditional use permit will expire. Mr. Sterneker seconded. The motion passed unanimously. Mr. Cincione moved the adoption of   O-2286-11 as amended. Mr. Kukura seconded. The motion passed unanimously.  

Rebecca Princehorn of Bricker and Eckler was present as bond counsel for the Village. She explained the options and process for refinancing the remaining $1,000,000 of the $2,000,000 bond issued in 2000 for the purchase of the Tarpy Woods property.

Mr. Cincione asked for clarification of the costs associated with refinancing.        Mr. Kukura explained the total amount of the reissue will be $1,050,000 to cover the fees and expenses – including legal fees. The current estimate of the Village’s savings is approximately $60,000 over the remaining 10 years. Council discussed the need to monitor the savings as the process moves forward to ensure that the refinancing continues to be financially beneficial for the Village.

Ms. Princehorn explained that the fees will include underwriting and regulatory fees as well as legal and issuing fees. The other component is cost of the offering statement (OS). Ms. Princehorn explained that much of that information is readily available. She stated that the Village did not do an OS as part of the offering ten years ago. She suggested the Village discuss the need for an OS with 5^th/3^rd.  Mr. Roark asked Ms. Princehorn what the legal fees will be. She stated approximately $15,000 without an OS and $25,000 with an OS.

Ms. Princehorn explained there are a number of points along the process where the reissuing process can be stopped. If the process is stopped, the Village will have expenses that will not be absorbed into the reissue.

The legislation under consideration is necessary to move the process forward.

Mr. Cincione asked if the reissue process will create additional work for the office staff. Ms. McKay stated her understanding that there will be limited additional work.  

Mr. Roark introduced the first reading of Ordinance O-2290-11. Mr. Cincione moved the rules be suspended. Ms. Troiano seconded. Ms. Troiano moved approval of Ordinance O-2290-11. Mr. Cincione seconded. The motion passed unanimously. 

ADJOURN

Mr. Sterneker moved the meeting be adjourned. Ms. Troiano seconded.  The motion passed unanimously.  Council President Roark adjourned the meeting at 8:00 AM. 

Approved by:                                                               Submitted by:

David T. Roark                                                            Cynthia A. McKay
Council President Pro Tem                                           Fiscal Officer

REGULAR COUNCIL MEETING OF FEBRUARY 21, 2011 

The regular, scheduled meeting of the Council of the Village of Marble Cliff was held Monday, February 21, 2011 in the Village Hall at 1600 Fernwood Ave. at 7:00 pm.  Those in attendance were: Council Members: David T. Roark, Matthew A. Cincione, John F. Kukura, Linda J. Siefkas, Robert W. Sterneker, and Kendy A. Troiano; Mayor Kent E. Studebaker, Village Solicitor, Mitchell Banchefsky, Village Engineer, Louis McFarland, Administrative Assistant, William Johannes, and Fiscal Officer Cynthia McKay. Visitors were present. 

VISITORS

            Mayor Studebaker introduced Brad Gamble from the Tri-Village Lion’s Noon Club. Mr. Gamble explained the Tri-Village Lion’s Noon Club meets at noon on the first Tuesday of each month at the MCI Cafeteria at Kingsdale Shopping Center. The club is interested in expanding its membership into the Marble Cliff community. He stated there are two upcoming events that individuals interested in learning more about the Lion’s Clubs are welcomed to attend. The first is their regular March meeting and the second is the Pub Quiz trivia contest. He stated the motto of the Lion’s Clubs is “We Serve.” They are the largest world-wide volunteer organization. Local needs served by the Tri-Village Club are Service Dogs of Central Ohio and the Ohio School for the Blind. They also support the collection of used eyeglasses for distribution in other parts of the world. 

SOLICITOR’S REPORT

            Mr. Banchefsky updated Council regarding the letter of complaint filed by Barry Thompson of Thompson Mechanical against the property owner at 1231 Cambridge Blvd. Mr. Banchefsky stated representatives of Grandview Heights have met with Mr. Thompson and now consider the issue closed. 

            Mr. Banchefsky reported the Village has received a public records request related to the universal income tax filing ordinance passed in December 2010. The individual making the request asked if the tenant information collected is considered a public record. Mr. Banchefsky stated his opinion that, because the tenant reporting is part of the income tax portion of the Village Code it is considered confidential. Mr. Banchefsky and staff are formulating a response to the information request.  

ENGINEER’S REPORT

            Mr. McFarland reported the SSES report required by the EPA Findings and Orders is complete. After analyzing the information in comparison to bench marks established by the City of Columbus it was decided to submit the report as the Village’s final SSES report. The EPA has ninety days to accept the report or return the report for additional work. 

Mr. Sterneker arrived at this point. 

            Mr. McFarland reported that an emergency repair was performed on an 8 inch sanitary sewer line at the rear of 1400 Dublin Rd. after the Village was notified by NiSource. As part of the process the line was cleaned and televised. This portion of the line had not been cleaned and televised for many years and was one of the items identified in the SSES report as future work to be completed by the Village. The process revealed the location of two manholes which had become covered and inaccessible and the need for an addition manhole where the line makes a significant turn. Mr. McFarland suggested that future repair work include removing trees and bushes from the sewer easement.           

VISITORS – Cont.

            Mr. Kukura introduced the information he has collected regarding options to refinance the park bonds issued in 2000. He explained the current rates and his conversations with Red Capital, KeyBank and Fifth Third Bank regarding the possibility of refinancing. Fifth Third Bank expressed interest in pursuing the refinancing and prepared a proposal which Mr. Kukura reviewed with Mayor Studebaker, Mr. Banchefsky and Ms. McKay.  Mr. Kukura introduced Tim Glasser and David Liggett from Fifth Third to explain their proposal.           

            Mr. Liggett explained the drop in interest makes the refinancing of the remaining $1,000,000 of the Village 2000 Bonds very attractive.  The bank proposed refinancing $1,050,000 to cover the bonds and the costs and fees associated with the reissuance. The proposed rate is 3.64% as opposed to the average of 5.64% which is currently being paid by the Village. He pointed out that there is significant pressure on interest rates to move upward at this time. As currently proposed the refinancing would save the Village approximately $60,000 over the next ten years.

            Mr. Liggett explained the first step is for the Council to approve legislation authorizing the process to proceed. The bank would then prepare an offering statement and identify investors. Mr. Liggett stated the whole process can be done in as little as 30 days. Mr. Roark asked if there are costs associated even if the refinancing does not go forward. Mr. Liggett stated there will be costs incurred that the Village would be responsible for if the process does not go forward. If the process is complete, those costs are paid through the refinancing. Ms. Siefkas asked if the $60,000 savings is before or after costs. Mr. Liggett stated that the savings is after the costs and fees are paid.

Mr. Liggett explained there is a banking fee, issuance and regulatory fees and legal fees. The financing also includes paying the $10,000 penalty for calling the bonds early.

            Mr. Kukura explained the Village could wait until next year which would eliminate the penalty, but would risk that interest rates go higher. Mr. Sterneker asked how far the interest rates would have to move to eliminate any benefit of waiting until next year.

Mr. Liggett explained that within the last few weeks the rates moved 40 basis points and effectively eliminated $30,000 of potential saving to the Village. Mr. Liggett stated that the new bonds would be reissued with no option for early call. Ms. Troiano asked what Mr. Banchefsky’s level of involvement would be. He stated very minimal because the Village will retain separate bond counsel. The Village worked with Rebecca Princehorn of Bricker and Eckler when the original bonds were issued.

            Mr. Kukura stated his opinion that the Village will benefit from moving forward.

Mr. Sterneker concurred. Council discussed the time table and the options for stopping the process if the benefit to the Village is eliminated by increased interest rates. Council agreed that they would like to move forward and called a special meeting on February 25, 2011 to consider legislation necessary to move forward with refinancing the Village 2000 Bonds. Council also asked Mr. Banchefsky to contact Ms. Princehorn to determine if she is willing to represent the Village as bond counsel and draft the necessary legislation. 

VARIANCES AND PERMITS

            Mayor Studebaker introduced the second reading of O-2285-11, An Ordinance granting permission for installation of an in ground swimming pool and swimming pool setback variance to Lori Smith for 1489 Arlington Ave., in the Village of Marble Cliff.

            Mayor Studebaker reminded Council that there are two decisions to be made; the approval of the pool and the variance to the 10 foot required setback. Mrs. Smith distributed pictures of the property and introduced Joe Hayes from Quality Pool.

            Mr. Sterneker asked Mr. and Mrs. Smith to address the concerns of noise, drainage and landscaping that were raised at the January Council meeting. Mr. Smith reviewed the pictures and explained where the pool would be placed on the property and the location of the existing drainage system. Mr. Hayes provided an example of the pool deck drainage system and explained how that drainage system will be tied into the existing drainage system. Mr. McFarland asked Mr. Smith to explain the capacity of the existing drainage system. Mr. Smith stated it is a four inch line and functions by gravity flow. Mrs. Smith stated there is not water ponding in the yard during heavy rains.

Mr. Smith provided pictures of the pool installed in the yard of Jeff Jones at 1315 Cambridge Blvd. and provided letters from Mr. Jones’ neighbors stating they have not experienced undue runoff or ponding from the Jones pool nor have they been concerned by excessive noise. Mr. Smith stated they have included a row of arborvitae to improve the landscaping and add to the noise buffer of the fence. He stated he does not expect the pool to create more noise than that routinely created by children at play.

            Mr. McFarland stated one of his concerns is the potential damage to the existing drainage system during installation. He suggested the language of the ordinance could be modified to address the ongoing maintenance and repair of the drainage system.

Mr. Smith stated that when the system was recently cleaned the flow was uninhibited in both directions.

            Richard Dick, 2001 Cardigan Ave., stated that water ponds in the southeast corner of their property under current conditions and stated his opinion that without the ten foot setback it is the condition of their property that is at risk. He also suggested that the Village take action to protect the peace of the community by controlling noise. Mrs. Dick stated that they are interested in maintaining the undisturbed enjoyment of their yard.  

Mr. Cincione arrived at this point  

            Mr. Sterneker asked Mr. and Mrs. Dick whether they are opposed to the pool or the variance or both. Mr. Dick stated they are opposed to the setback variance. He expressed his opinion that the setback provides some protection to their property and that, without the variance, the Smith’s will construct a smaller pool which would not accommodate as large a group as the proposed pool.

            Mr. Jones stated they have never had any complaints about noise or water runoff from their pool. He stated his opinion that the Smiths will be sensitive and respectful of their neighbors and that Mr. Hayes can address any drainage issues or problems that might come up as a result of the construction of the proposed pool.

            Paul Giorgianni, 1538 Arlington Ave., expressed his support of the Smith’s application for a pool. He stated his concern that a noise issue would be an adequate concern to block the approval of the swimming pool. He also stated his dismay that, in Marble Cliff, a neighbor or the government would have the ability to veto a use of a neighbor’s property.

            Mr. Roark asked why the pool could not be closer to the house. Mr. Smith stated that relocation would require moving the air conditioning units and might be too close to the foundation of the house.

            Mayor Studebaker stated that the Council is working with the rules and