ORANGE VILLAGE COUNCIL
REGULAR COUNCIL MEETING
DECEMBER 8, 2010
8:00 PM



MINUTES

1.     Dan Brown, Council President, called the Regular Meeting to order at 8:00 p.m. 

2      Pledge of Allegiance

3      Roll call
	Members present:	Kluter, Bram,  Brown, Bonk, Perry ,Braverman, Parks
           Members absent:     None	
	Others present:	Kathy Mulcahy – Mayor  
				Stephen Byron – Law Director
				Chris Kostura – Chief of Police 
            			Bruce White – Fire Chief/Service Director

4.    Motion to excuse Lisa Perry in the event that she does not make the meeting made by Kluter; seconded by 
       Braverman
	Ayes:	Kluter, Bram, Parks, Bonk, Braverman, Brown	
	Nays:	None
				
5.    Motion to approve the minutes of the Regular Meeting of November 10, 2010 made by Braverman; seconded 
       by Kluter. 
     		Ayes:	Kluter, Parks, Bonk, Braverman, Brown	
	Nays:	None
    Abstain: Bram

6.   Motion to approve the minutes of the Work Session/Special Meeting of December 1, 2010 made by Kluter; 
      seconded by Braverman. 
	    Ayes:	Kluter, Bram, Parks, Bonk, Braverman, Brown	
	Nays:	None

7.   Motion to approve the Tax Administrator’s Report of November 30, 2010 made by Parks; seconded by Kluter
		Ayes:	Kluter, Bram, Parks, Bonk, Braverman, Brown	
	Nays:	None

8.  Motion to approve the Bills to be Paid for December in the amount of $244,341.87 and additional 
     expenses of $483,122.93 by Kluter; seconded by Braverman.
		Ayes:	Kluter, Bram, Parks, Bonk, Braverman, Brown	
	Nays:	None

9.   Audience comments relating to the agenda items only. (1 minute per speaker) – No Comments

10.  Motion to adjourn to Executive Session at 8:23 p.m.to discuss the appointment and compensation of Village 
       employees  made by Braverman; seconded by Parks. Bruce White invited to Executive Session.
	    Ayes:	Kluter, Bram, Parks, Bonk, Braverman, Brown	
	Nays:	None

      Reconvene to Regular Meeting at 9:03 p.m.

11.  Old Business: Discussion and consideration of Pending Legislation	

A. ORDINANCE 2010-24
An Ordinance amending  subsection (b) of Section 111.02 of the Codified Ordinances of Orange Village 
to provide for the publication of the Newsletter on a quarterly basis. 3rd   Reading

Motion to adopt Ordinance 2010-24 made by Kluter; seconded by Perry.
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None




B. ORDINANCE 2010-25
An Ordinance determining an automotive collision center to be a similar harmonious 
and compatible U-7 District Use and granting a Special Use Permit to Great Expectations 
on behalf of Michael J. Giarrizzo, for the property located at 27100 Chagrin Boulevard. 
3rd   Reading – This matter was referred to P & Z. Motion to recommend approval was 
made November 16, 2010 – subject to David Hartt memo of 
November 16, 2010 – specifically conditions of approval item #1 through #6.

Motion to adopt Conclusions of Fact as applied to Ordinance 2010-25 made by Perry; 
seconded by Parks
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None

Motion to adopt Ordinance 2010-25 made by Kluter; seconded by Perry
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None

C. ORDINANCE 2010-27
An Ordinance amending various sections of Chapter 155 of the Codified Ordinances of the Village 
relating to substance abuse testing for certain employees, and declaring an emergency. 3rd   Reading

Motion to adopt Ordinance 2010-27 made by Perry; seconded by Parks
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None

D. ORDINANCE 2010-28
An Ordinance amending Section 139.05 of the Codified Ordinances of Orange Village to require 
Service Department members to be in good standing in order to receive additional compensation. 3rd  Reading

Motion to move to amend Ordinance 2010-28 to allow 60 days notice to employees, not in good 
standing, before they lost compensation made by Bonk; seconded by Bram
		Ayes:	Kluter, Bram, Bonk	
	Nays:	Parks, Perry, Braverman, Brown

Motion to adopt Ordinance 2010-28 made by Perry; seconded by Parks
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None	

	E. ORDINANCE 2010-29
           An Ordinance authorizing the Mayor to enter into an agreement with Schottenstein Zox & Dunn Co. L.P.A.  
           effective from January 1, 2011 through December 31, 2011. 3rd  Reading

	Motion to adopt Ordinance 2010-29 made by Perry; seconded by Parks
		Ayes:     Bram, Parks, Perry, Braverman, Brown	
	Nays:	Bonk
    Abstain: Kluter

         F. ORDINANCE 2010-30
         An Ordinance appointing Blair N. Melling as the Prosecutor of Orange Village, and providing compensation 
         for the Prosecutor. 3rd  Reading

	Motion to adopt Ordinance 2010-30 made by Perry; seconded by Brown
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None

         G. ORDINANCE 2010-31
          An Ordinance approving and confirming the appointment of Stephen Hovancsek & Associates, Inc., as 
          Orange Village Engineer and repealing certain ordinances. 3rd Reading.

	Motion to adopt Ordinance 2010-31 made by Perry; seconded by Brown
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None

         H.  ORDINANCE 2010-32
          An Ordinance authorizing an agreement with Christopher Kostura for Police Chief Services that are necessary 
          to provide for the daily operation of the Police Department and declaring an emergency.3rd  Reading.

	Motion to adopt Ordinance 2010-32 made by Kluter; seconded by Bram
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None

I. ORDINANCE 2010-33
An Ordinance to make annual amended appropriations for current expenses and other expenditures of Orange    
Village during the calendar year 2010. 2nd Reading
           The administration requests suspension of the rules.

	Motion to suspend the rules made by Bram; seconded by Perry
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None

Motion to adopt Ordinance 2010-33 made by Braverman; seconded by Bonk
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None

J. ORDINANCE 2010-34
An Ordinance amending Sections 1327.01 and 1327.07 of the Codified Ordinances and enacting 
new Section 1327.10 of the Codified Ordinances to provide for the transfer of unclaimed 
Building Department deposits to the General Fund in a manner consistent with the Ohio Revised Code. 
2nd Reading.

K. ORDINANCE 2010-35
An Ordinance amending Section 913.02 of the Codified Ordinances of Orange Village to
 provide for the approval and adoption of the most recent version of the uniform standards for 
sewage improvement 2nd Reading

L ORDINANCE 2010-36
An Ordinance authorizing an Income Tax Amnesty Program to encourage the payment of 
delinquent taxes, amending Section 775.23 of the Codified Ordinances to amend the 
interest rate due on unpaid taxes, and declaring an emergency. 2nd Reading

M. ORDINANCE 2010-37
An Ordinance to make annual appropriations for current expenses and other expenditures 
of Orange Village during the calendar year 2011. 2nd Reading
The administration requests suspension of the rules

Motion to suspend the rules made by Perry; seconded by Parks
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None

Motion to adopt Ordinance 2010-37 made by Perry; seconded by Parks
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None

N. ORDINANCE 2010-38
An Ordinance establishing the compensation of the Fire Chief, repealing certain ordinances 
and declaring an emergency. 2nd Reading.The administration requests suspension of the
 rules – The administration has withdrawn the request to suspend the rules at this time.



12.  New Business Discussion of New Legislation and Motions
        No new legislation or motions at this time.

13.   Committee Reports by Council Members
	
	Bram – No report
	Bonk  –  No report
           Braverman – Community Garden
                              -  Newsletter will be ready Friday
	Kluter –  Be extra careful on slippery roads
                       -   Senior Snow Plowing 
	Parks –  No report
     	Perry –  No report
           Brown –  Discussion for residents at meeting of December 15 on sewer rates
                        -  February there will be a meeting for evaluating composting in the Village and a follow-up 
                           community meeting in March 

14.      Audience Comments Relating to Matters, which advance the good of the Village. (2 minutes per speaker)  
           Bruce White – 35600 Pheasant Court – Bentleyville – Ordinance 2010-38

15.     Comments by Council Members
             
	Bram – No comments
            	Bonk  –  No comments
	Braverman – No comments	
	Kluter –  Cohesive council in coming year
	Parks –   Double Dipping critics
               Perry –  No comments

16.   Comments by the Mayor – Orange Village 2010 accomplishments – Goals of 2011
                                             
17.   Comments by the Council President – Comments on harmony and disharmony in Council
                                                                  
18.   Motion to adjourn Regular Meeting at 10:15 p.m. made by Perry; seconded by Parks
		Ayes:	Kluter, Bram, Parks, Bonk, Perry, Braverman, Brown	
	Nays:	None


	



        _______________________________		____________________________________
        Clerk of Council				President of Council




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ORANGE VILLAGE 4600 Lander Rd. Orange Village, Ohio 44022 440-498-4400