Orange Village Council

ORANGE VILLAGE COUNCIL
REGULAR COUNCIL MEETING
FEBRUARY 9, 2011
8:00 PM

MINUTES

PUBLIC HEARING ORDINANCE 2011-2
An Ordinance granting a side yard setback variance to Villas of Orange, Inc.
for property located at 420 Blossom Lane, Villas of Orange, Lot 41.
Randy Kertesz of the Villas of Orange explained the surveyor’s error.
Stephen Benza, President of Michael Benza and Associates, Inc. added further information.
Carmen Centanni – 3939 Pinecrest – commented on fines for non-compliance

1. Mark Parks, Council President, called the Regular Meeting to order at 8:12 p.m.

2 Pledge of Allegiance

3 Roll call
Members present: Brown, Bonk, Perry, Braverman, Kluter, Bram, Parks
Members absent: None
Others present: Kathy Mulcahy – Mayor
Stephen Byron – Law Director
Chris Kostura – Chief of Police
Bruce White – Fire Chief/Service Director
Bob Zugan – Service Department
David Bloom - Treasurer
Brian Mader – Village Engineer

4. Open floor for nominations for Planning and Zoning Commission and
Architectural Review Board Member

Mark Parks requested nominations to appoint the P & Z member
Herb Braverman nominated Anthony Lazar; seconded by Perry
Additional calls for nominations read twice
A motion to nominateAnthony Lazar as a member of P & Z and
Architectural Review Board Member made by Parks; seconded by Perry

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

Anthony Lazar was sworn in as a member of the P & Z and Architectural Review Board by the Mayor.

5. Motion to approve the minutes of the Regular Meeting of
January 12, 2011 made by Brown; seconded by Kluter.

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

6. Motion to approve the minutes of the Work Session/Special Meeting
of February 2, 2011 made by Kluter;
seconded by Brown.

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

7. Motion to approve the Final Treasurer’s Report of December 31, 2010
made by Perry; seconded by Kluter

Some pages were missing from the report. The Treasurer’s Report will be
submitted next month for a vote.

8. Motion to approve the Tax Administrator’s Report of January 31, 2011
made by Perry; seconded by Bonk

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

9. Motion to approve the Bills to be Paid for February in the amount of
$230,068.87 and additional expenses of $51,493.70 by Perry; seconded by Brown.

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

10. Audience comments relating to the agenda items only. (1 minute per speaker)
Carmen Centanni – 3939 Pinecrest – Ordinance 2011-6

11. Old Business: Discussion and consideration of Pending Legislation

A. ORDINANCE 2010-36 - Amended
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.
3rd Reading

Motion to adopt Ordinance 2010-36 as Amended made by Perry; seconded by Brown

Ayes: Brown, Perry, Braverman, Kluter, Bram, Parks
Nays: Bonk

B. ORDINANCE 2011-2 –Amended
An Ordinance granting a side yard setback variance to Villas of Orange, Inc.
for property located at 420 Blossom Lane, Villas of Orange, Lot 41.
3rd Reading – Referred to P & Z – Approved at the January 18th meeting.

Motion to refer Ordinance 2011-2 as Amended back to Planning and Zoning
made by Bonk.No Second

Motion to adopt the Conclusions of Fact made by Perry; seconded by Brown

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

Motion to adopt Ordinance 2011-2 – Amended - made by Brown; seconded by Perry

Ayes: Brown, Perry, Braverman, Kluter, Bram, Parks
Nays: Bonk

C. ORDINANCE 2011-3
An Ordinance authorizing the Mayor to enter into an agreement with Bialosky &
Partners Architects LLC for professional design services necessary for the
Orange Village Service Center 2nd Reading

D. ORDINANCE 2011-4
An Ordinance authorizing the Mayor to apply for Powering our Communities
Grant Funds, authorizing an agreement with NOPEC for the use of such grant funds,
amending Chapter 125 Treasurer, of the Codified Ordinances to provide for the
enactment of a new Section 125.22 NOPEC Grant Fund, and declaring an emergency.
2nd Reading
The administration requests a suspension of the rules

A motion to suspend the rules was made by Brown; seconded by Kluter

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

A motion to adopt Ordinance 2011-4 made by Brown; seconded by Perry
Ayes: Brown, Bonk, Perry, Braverman, Kluter, Bram, Parks
Nays: None

E. ORDINANCE 2011-5
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
The administration requests a suspension of the rules.

A motion to suspend the rules made by Perry; seconded by Brown

Ayes: Brown, Perry, Braverman, Parks
Nays: Bonk, Kluter, Bram
Motion failed

A motion to amend Ordinance 2011-5 to read that all funds to be returned within
45 to 60 days after final inspection made by Bonk; seconded by Kluter

Ayes: Bonk, Kluter, Bram
Nays: Brown, Perry, Braverman, Parks
Motion failed

A motion to amend Ordinance 2011-5 to read that the Treasurer or designee
will notify those persons due returned monies from the Building Department by
Certified Mail with Return Receipt Requested, Federal Express or Overnight Mail
made by Bonk; seconded by Bram

Ayes: Bonk, Kluter, Bram
Nays: Brown, Perry, Braverman, Parks
Motion failed

A motion to amend Ordinance 2011-5 to read “prior to such transfer, the
Treasurer or his designee shall provide written notice to the person who deposited
the funds at the last known address previously submitted to the Village” made by
Braverman; seconded by Kluter

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

A motion to amend Ordinance 2011-5 to have the Building Department provide to
Council a yearly report of projects, status of project and status of deposits and if
there was any enforcement made by Bonk; seconded by Bram

Ayes: Bonk, Kluter, Bram
Nays: Brown, Perry, Braverman, Parks
Motion failed

F. A motion to authorize the Village Engineer to prepare bid specs for the
demolition of the Rectory Building by Perry; seconded by Brown

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

12. New Business Discussion of New Legislation and Motions

A. ORDINANCE 2011-6
An Ordinance authorizing the Mayor to enter into an agreement with the
Chagrin Valley Dispatch Council (“CVD”) for the dispatch of public safety
services and the operation of a Regional Communications Center, and appointing
the Mayor as the Village’s representative to the Council. 1st Reading

B. ORDINANCE 2011-7
An Ordinance amending Section 1307.01 of the Codified Ordinances of
Orange Village to adopt the 2011 National Electrical Code. 1st Reading.

13. Committee Reports by Council Members

Kluter – Having a Safety Meeting on Thursday March 3 at 6:30 p.m.
Roads very slippery in the early morning
Brown – Composting Meeting – Wednesday March 16 at 7:30
Perry – No report
Braverman – Garden Club held meeting
Newsletter articles needed
Will add more members to Long Range Planning
Bonk – No report
Bram – No report
Parks – No report

14. Audience Comments Relating to Matters, which advance the
good of the Village. (2 minutes per speaker)
Chief Chris Kostura – Suggest no refund to Villas of Orange Village
Carmen Centanni - 3939 Pinecrest – Levy fine against Villas of Orange

15. Comments by Council Members

Kluter – Wanted trees planted in lieu of fine for Villas of Orange
Brown – No comments
Perry – No comments
Braverman – No comments
Bonk – No comments
Bram – No comments

16. Comments by the Mayor – Stormwater Phase 2 requires report for EPA –
Stormwater Committee does not do this.
List of Collaborative Efforts will be passed out to Council by Clerk
E-mail sent January 20 to Council about death of Lisa’ grandmother
via Orange Village e-mail
Nick DiCicco will send instructions on how to use
Village e-mail to all of Council

17. Comments by the Council President – Encourage everyone to work together

18. Motion to adjourn Regular Meeting at 10:25 p.m. made by Kluter; seconded by Brown

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

_______________________________ ____________________________________
Clerk of Council President of Council

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