ORANGE VILLAGE COUNCIL
COUNCIL MEETING JULY 14, 2010
8:00 PM

MINUTES

PUBLIC HEARING ORDINANCE 2010-8 (As Amended)
An Ordinance granting a private garage square footage variance and a front yard setback variance to
Carl Hagerling for his property located at 4939 East Woodcrest Drive.

Comments from Carl Hagerling - 31899 Miles Road

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: Bram, Parks, Bonk, Perry, Kluter, Brown
Members absent: Braverman
Others present: Kathy Mulcahy – Mayor
Stephen Byron – Law Director
Brian Mader – Village Engineer
Bruce White – Fire Chief/Service Director
Mary Kampman – Clerk of Council

4. Motion to excuse Herb Braverman from the Regular Council Meeting of July 14, 2010
made by Perry; seconded by Parks.
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

5. Motion to approve the minutes of the Regular Meeting of June 9, 2010 made by Perry; seconded
by Bram.
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

6. Motion to approve the minutes of the Work Session of July 7, 2010 made by Perry; seconded
by Bram.
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

7. Motion to approve the Treasurer’s Report of April 30, 2010 made by Perry; seconded by Parks.
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

8. Motion to approve the Treasurer’s Report of May 31, 2010 made by Perry; seconded by Parks.
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

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

10. Motion to approve the Bills to be Paid for July in the amount of $354,570.87 and additional expenses of
$127,783.32 made by Perry; seconded by Bram.
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

11. Audience comments relating to the agenda items only. (1 minute per speaker)
Carmen Centanni – 3939 Pinecrest – Ordinance 2010-15 – Tap in Fee for Waterline/Fire
Safety Project – Garbage collection on Monday

12. Old Business: Discussion and consideration of Pending Legislation

A. ORDINANCE 2010-8 (As Amended)
An Ordinance granting a private garage square footage variance and a front yard setback variance to Carl
Hagerling for his property located at 4939 East Woodcrest Drive. 3rd Reading – Referred to Planning and
Zoning – Defeated 3 to 2 at May 4th meeting. – There was a motion to remand the Ordinance to the
Planning and Zoning Commission to review a modified plan which was approved by P & Z at the meeting of
July 6. The Plan was then modified again because of a miscalculation

Motion to adopt the Conclusion of Fact made by Perry; seconded by Klute
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

Motion to adopt Ordinance 2010-8 (As Amended) made by Kluter; seconded by Perry
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

13. New Business Discussion of New Legislation and Motions

A. ORDINANCE 2010-15
An Ordinance amending Subsection c (4) of Section 1161.10 of the Codified Ordinances of Orange Village
to regulate temporary indefinite signs. 1st Reading – Referred to P & Z.

B. ORDINANCE 2010-16
An Ordinance providing for the submission to the electors of Orange Village of certain proposed
Amendments to various Articles and Sections of the Orange Village Charter and declaring an emergency.
1st Reading

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

Motion to adopt Ordinance 2010-16 made by Kluter; seconded by Parks
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

C. ORDINANCE 2010-17
An Ordinance providing for the submission to the electors of Orange Village of a proposed Amendment to
Article III, Section 8, of the Orange Village Charter, and declaring an emergency. 1st Reading

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

Motion to adopt Ordinance 2010-17 made by Perry; seconded by Brown
Ayes: Perry
Nays: Bram, Parks, Bonk, Kluter, Brown
Motion Failed

D. ORDINANCE 2010-18
An Ordinance providing for the submission to the electors of Orange Village a proposed Amendment to
Article III, Section 9, of the Orange Village Charter, and declaring an emergency. 1st Reading

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

Motion to adopt Ordinance 2010-18 made by Parks; seconded by Kluter
Ayes: Parks, Perry, Kluter, Brown
Nays: Bram, Bonk
Motion Failed

E. ORDINANCE 2010-19
Article V, Section 3, of the Orange Village Charter, and declaring an emergency. 1st Reading

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

Motion to adopt Ordinance 2010-19 made by Kluter; seconded by Perry
Ayes: Parks, Perry, Brown
Nays: Bram, Bonk, Kluter
Motion Failed

F. ORDINANCE 2010-20
An Ordinance providing for the submission to the electors of Orange Village of a proposed Amendment to
Article VII, Section 5, of the Orange Village Charter, and declaring an emergency. 1st Reading

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

Motion to adopt Ordinance 2010-20 made by Perry; seconded by Parks
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

G. ORDINANCE 2010-21
An Ordinance granting a front yard setback variance and a side yard variance to
Paul Takach for his property located at 29260 Pike Drive. 1st Reading – Referred to P & Z.

H. ORDINANCE 2010-22
An Ordinance repealing Ordinance No. 2010-9 and Ordinance 2010-12 that had
authorized the Mayor to enter into an agreement with Kathy Justin and the Catholic
Diocese of Cleveland, respectively for the purchase of certain real property, and declaring an emergency.

Motion to adopt Ordinance 2010-22 made by Perry; seconded by Parks
Ayes: Parks, Perry, Kluter, Brown
Nays: Bram, Bonk
Motion Passed

I. RESOLUTION 2010-14
A Resolution explaining the reasons why Council enacted Ordinance No. 2010-14.

Tabled

J. RESOLUTION 2010-15
A Resolution adopting the 2011 Orange Village Alternative Tax Budget.

Motion to adopt Resolution 2010-15 made by Kluter; seconded by Perry
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

This Resolution was taken out of order on the agenda.

K. Motion to accept the bid of J and J Refuse to provide garbage and recycling collection
services Monday in accordance with the bid submitted to Bedford, on behalf of Orange Village
and other members of the garbage and recycling consortium with the alternate for Monday
collection and automated recycling made by Parks; seconded by Perry.

Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

The pickup day will be changed to Monday. This Motion was taken out of order of the agenda.

L. A motion to authorize the Mayor to sign a software licensing agreement with RITA for a three year
term in the amount of $19,423.00 made by Parks; seconded by Perry.

Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

This Motion was taken out of order of the agenda.

M. A motion to authorize the Mayor to accept the bid of Terrace Construction for $744,104.72 for the
Water Line/Fire Safety Project made by Kluter; seconded by Perry.

Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

This Motion was taken out of order of the agenda.

14. Committee Reports by Council Members
Bram – No report
Bonk – No report
Kluter – Dealing with the heat
Parks – No report
Perry – No report
Brown – Alternate modes of transportation – bike or walking lane – Lander Road preferred
- Wind Turbine and Solar Discussion

14. Audience Comments Relating to Matters, which advance the good of the Village. (2 minutes per speaker)
No comments

15. Comments by Council Members
Bram – Need for branch pickup after the storm
Bonk – No comments
Kluter – Memorial Garden is impressive
- Need Charter Review Booklet
Parks – Community Garden
Perry – Utilize Web Site as much as possible

16. Comments by the Mayor – Commend Service Department for work on Community Garden
- Records Commission Meeting needed
- Service Department Open House this afternoon

17. Comments by the Council President – No Comments

18. Motion to adjourn Regular Meeting at 10:00 p.m. made by Perry; seconded by Brown.
Ayes: Bram, Parks, Bonk, Perry, Kluter, Brown
Nays: None

_______________________________ ____________________________________
Clerk of Council President of Council

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