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The meeting of the Council of the Village of Chagrin Falls was called to order at 8:00 p.m. by Mrs. Evans.
Member present: Evans, Jacobs, Lutz, Milko, Subel, Williams
Members absent: Patton
Officials present: Mayor Brick, Himes, Bloom, Zugan, Brosius, Byron, Lannon
Moved by Mr. Subel, seconded by Mr. Williams that the absence of Mr. Patton be excused. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Subel, Williams. Nays: None.
APPROVAL OF MINUTES
Moved by Mr. Williams, seconded by Mr. Subel that the minutes of the meeting held July 26, 2010 be approved. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Subel, Williams. Nays: None. Mrs. Evans mentioned that on the last line of the third paragraph of the Mayor’s report, the dollar amount stated, twenty-five dollars, should have been twenty-four dollars.
REPORT OF THE MAYOR
Mayor Brick reported that Behnke & Associates is preparing their final report on the planning for interconnecting trails in the Chagrin Valley. Public input is being accepted until August 13th and the final report should be available by August 20th.
Mayor Brick mentioned that Bentleyville will be replacing two culverts located between Cannon Road and Quartermain Circle. This work will require the closure of Solon Road with Cannon Road being used as a detour. The work is expected to take place some time either in later August or early September. As soon as they know how long it will be closed they will let me know.
Mayor Brick announced that the annual Chagrin Falls yard sale will be held on Saturday, September 11th.
Mayor Brick said this is kind of special now, but I just want to tell everybody that I am really honored to announce the 75th anniversary of the founding of the Chagrin Falls Suburban Volunteer Fire Department and I want to tell them how indebted our Village is to the service that they provide all of us and our partners.
REPORT OF THE FINANCE DIRECTOR
No report.
MEMBERS OF THE PUBLIC TO SPEAK TO AGENDA ITEMS (NOT TO EXCEED TWO (2) MINUTES PER PERSON)
None.
REPORT OF THE LAW DIRECTOR
AUTHORIZE THE ENGAGEMENT OF SCHOTTENSTEIN, ZOX & DUNN FOR LEGAL SERVICES
Mr. Byron placed on the floor Ordinance No. 2010-36 entitled:
AN ORDINANCE AUTHORIZING THE ENGAGEMENT OF SCHOTTENSTEIN, ZOX & DUNN CO., L.P.A., FOR LEGAL SERVICES AND APPROPRIATING AND AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY FOR SUCH SERVICES, AND DECLARING AN EMERGENCY.
Moved by Mrs. Evans, seconded by Mr. Williams that the requirement for reading an ordinance three times be suspended. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Subel, Williams. Nays: None. Moved by Mrs. Evans, seconded by Mr. Williams that the ordinance be adopted. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Subel, Williams. Nays: None. Mrs. Evans said we had a utilities meeting tonight and the discussion is about the right-of-way. This legislation is going to be with four communities; Beachwood, Orange, Moreland Hills, and the Village of Chagrin Falls. Legislation will be created for the Village of Chagrin Falls for legislating right-of-way. Mr. Byron said the legislation will consolidate and identify the control that the Village is exercising over the right-of-way for the various utility users in that right-of-way. It allows you to identify, track, and recoup the costs that you expend in the regulation of your right-of-way so there will be some fees associated with this. What that does in practice is eliminate the tax payer subsidy of the utilities in the right-of-way and allows the rate base to pay its proportionate share rather than the tax payers for that use of the Village’s rights-of-way.
AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH HUNTING VALLEY
Mr. Byron placed on the floor Ordinance No. 2010-38 entitled:
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE VILLAGE OF HUNTING VALLEY FOR THE PROVISION OF FIRE PREVENTION AND PLAN REVIEW SERVICES TO THE VILLAGE OF HUNTING VALLEY, AND DECLARING AN EMERGENCY.
Moved by Mr. Subel, seconded by Mr. Milko that the requirement for reading an ordinance three times be suspended. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Subel, Williams. Nays: None. Moved by Mr. Subel, seconded by Mr. Milko that the ordinance be adopted. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Subel, Williams. Nays: None. Mr. Subel said this comes to Council from the unanimous recommendation of the Administration and Compensation Committee. What this is is a contract with the Village of Hunting Valley for us to provide services of fire, I’ll call it fire prevention, fire and a local services and for Hunting Valley to pay for those as they are used. It is something that has been contemplated for some time. Earlier in the year the Council voted to add a part-time, we took a part-time position and made it full-time with the intent of going in this direction. Now this is a step to put it together. I see it also as additional, this is a good kind of regionalism that we like where you’ve got the villages volunteering to work together so this should save Hunting Valley money and it should save us money as well. There were two technical issues; we don’t want to approve the contract exactly as it is. Ben is going to write up some new language. The billing instruction actually could wind up with us billing way too little and it is clearly an error in the language and the other was the insurance. This contract does not show an insurance requirement. We have been waiting for Hunting Valley to provide that. We discussed at the committee that we should tell them what we need based on our other things we do and ask them to provide that kind of insurance. Obviously if it is close, Ben can have discretion or the Mayor; the administration can. So we are asking to approve the contract with those two follow-up items.
VARIANCE REQUEST - 43 WEST COTTAGE STREET
Mr. Williams introduced Administrative Order No. 2010-40 entitled:
FINAL ORDER OF COUNCIL AND CONCLUSIONS OF FACT REGARDING A VARIANCE REQUEST OF CG II DEVELOPERS LLC FOR PROPERTY LOCATED AT 43 WEST COTTAGE STREET.
Moved by Mr. Williams, seconded by Mrs. Lutz that the administrative order be adopted. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Subel, Williams. Nays: None. Mr. Williams explained the specifics of the variance requests. He said the BZA voted four to nothing in favor of approving the variances as requested.
VARIANCE REQUEST - 218 BENTLEYVILLE ROAD
Mr. Williams introduced Administrative Order No. 2010-41 entitled:
FINAL ORDER OF COUNCIL AND CONCLUSIONS OF FACT REGARDING A VARIANCE REQUEST OF JOHN GADD II FOR PROPERTY LOCATED AT 218 BENTLEYVILLE ROAD.
Moved by Mr. Williams, seconded by Mrs. Lutz that the administrative order be adopted. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Subel, Williams. Nays: None. Mr. Williams explained the specifics of the variance requests. The BZA voted to approve the variance requests by a vote of four to nothing.
STREETS AND SIDEWALKS COMMITTEE
No report.
FACILITIES AND SERVICES COMMITTEE
No report.
PLANNING AND ZONING COMMISSION
No report.
SAFETY COMMITTEE
No report.
UTILITIES COMMITTEE
No report.
BOARD OF ZONING APPEALS
No report.
ADMINISTRATION AND COMPENSATION COMMITTEE
No report.
FINANCE COMMITTEE
On behalf of Mr. Patton, Mr. Milko reported that the Committee had a report from the Finance Director about the mid-year review of the budget. Everything is on track and looks good. We also had a suggestion from Adam to have a comparison of year-to-date 2010 to 2009 and that is a worth while suggestion.
PARKS COMMISSION
Mrs. Lutz said she hopes everyone is aware of, and perhaps enjoying, the Friday night movies that have been played in Riverside Park. Mrs. Evans said she has heard good things about it as well.
SHADE TREE COMMISSION
No report.
ARTS COMMISSION
No report.
PARKING COMMISSION
No report.
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER
No report.
REPORT OF THE ENGINEER
No report.
REPORT OF THE POLICE CHIEF
No report.
REPORT OF THE FIRE CHIEF
No report.
MEMBERS OF THE PUBLIC TO SPEAK TO ANY MATTER (NOT TO EXCEED FIVE (5) MINUTES)
Shirley Ashby expressed her concerns about the lack of business at Giant Eagle lately. She said it would really be too bad if we lost our only grocery store. Mrs. Evans said I would urge you to urge your neighbors to shop here in town and that will keep us all strong. Mayor Brick said I plan to talk to the Giant Eagle people and Your Home Town and the Chamber of Commerce to see what things might be done to encourage volume at our local store because I think it is very important to have a local grocery store. Mr. Milko said the key is to buy local for everything to support all of our businesses. He said it is good to see that a lot of the store fronts are full now.
MISCELLANEOUS
Mrs. Lutz said the yard sale will be held on Saturday, September 11th from 9:00 a.m. to 5:00 p.m. If you want to participate try to put some balloons out where everybody can see them. She said you need to bring in all your items at the end of the day that are unsold.
Mrs. Evans asked for a motion to authorize the law director to draft a resolution supporting the passage of Issue 2, the police station levy issue. So moved by Mrs. Lutz, and seconded by Mr. Milko. Carried. Ayes: Evans, Jacobs, Lutz, Milko, Williams. Nays: Subel.
ADJOURNMENT
Mrs. Evans adjourned the meeting at 8:27 p.m.
_____________________________________
President of Council
______________________________________
Clerk of Council

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