Ordinance Review - Feb 12th 2013

Feb 12, 2013

The Ordinance Review Committee met in regular session on Tues, Feb 12, 2013 at 5:00 p.m. at the Mayfield Village Civic Center, Main Conference Room. Chairman Bill Marquardt presided.

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Present:  Mr. Bill Marquardt (Chairman), Mr. Jerry Catalano, Mr. John Marrelli

Absent: Mrs. Mary Ann Wervey, Dr. Stephan Parker (Council Alternate)

Also Present: Ms. Diane Calta (Law Department), Mr. Tom Cappello (Village Engineer), Ms. Deborah Garbo (Secretary)

CONSIDERATION OF MEETING MINUTES: Oct 9, 2012                

Mr. Marrelli, seconded by Mr. Catalano made a motion to approve the minutes of Oct 9, 2012.


Ayes: All
Nays: None
Motion Carried
Minutes Approved As Written.


  1. Temporary Signs (Building Dept.)
    Section 1185.14 (e)
    Ord 2012-16
  2. Riparian Setback Ordinance (Engineer Dept.)
    CRWP Draft
  3. Texting While Driving (Law Dept.)
    New Section / Ordinance
    “Prohibiting the Use of Wireless Handsets to Text Message While Driving”



Election of Chairman:

Chairman Marquardt opened the floor to a motion for Chairman of the Ordinance Review Committee 2013 nominations.

Mr. Marrelli, seconded by Mr. Catalano made the motion to nominate Bill Marquardt.  

Chairman Marquardt asked if there was any discussion. There was none.

The nominations were closed.

Chairman Marquardt asked for a Roll Call on the nomination.


Ayes: Mr. Marquardt, Mr. Catalano, Mr. Marrelli
Nays: None
Motion Carried
Bill Marquardt to serve as 2013 Chairman.


Chairman Marquardt expressed that getting information the day of the meeting doesn’t work real well. Receiving the packet at least the Friday before would be adequate, to have a chance to read the stuff.

Mr. Marrelli explained the delay in attempting to get feedback from Planning Dept on temporary signage.

Temporary Signs
Section 1185.14 (e)
Ord 2012-16

NEXT STEP: TABLE until feedback received on ‘Banners’ from Planning Director.


Riparian Setback Ordinance
Review CRWP Draft

Mr. Cappello states this is a Draft Ordinance work in progress. I’ll go back and highlight some of the concerns since our initial discussions. This is required by the Phase II Program. Our residents mostly fall within the 25’. In worse case scenario, there’s a provision that allows for variances. To put a fence in doesn’t really affect anything, it’s when you clear, plant or build within that setback. They’d like to leave that setback wooded, it tends to cool the stream and provide shade. There are segment of drainage areas, the bigger the drainage area, the bigger the setback.

There’s a small section of Village Trails that gets affected and Worton Park does, but everything there now is existing. What’s there is there.

Chairman Marquardt asked if a survey is required to see that nothing gets added.

Mr. Cappello said once passed and this goes into effect, we’d have to look at it. Looking at So. Woodlane, Norman, North Woodlane & part of Worton, the 75’ setback is a 150’ swat from either end. Those lots are about that big. I think this will preclude them doing any more additional building. Again, there are variances. It’ll be a case by case basis. They’re saying it’s more for newer construction. In the future if someone razed their property and wants to rebuild, it might come into affect. They’d still have to comply with the stormwater ordinance which says they’d have to treat 20% of what was there before or reduce the impervious area by 20%. I believe we have until the end of this year to get this passed.

NEXT STEP: Tom Cappello to continue working with CRWP on Ordinance for passage before years end.


Texting While Driving
“Prohibiting the Use of Wireless Handsets to Text Message While Driving”

Ms. Calta said this is mirrored off the State Code. This would allow the Village to cite under their own Village Code. We can make it stronger than the State. It’s geared to be a stronger offense for those under 18. Some of the research is pretty persuasive in that under 18 they’re younger drivers and not as experienced. With these sort of devices, the can really get themselves in trouble. It’s texting.  

The Chief has looked at this. He wants to do this. I’m going to leave it up to him and his department to enforce it. For anyone over 18 they cannot pull you over for texting while you’re driving. If you’re under 18, they can pull you over. The first thing you’re going to have to be able to figure out is if someone is under 18. You’re probably going to end up pulling them over for something other than that, i.e. speeding or weaving. There’s a fine and a driver’s suspension for the first time. After that, the fine & suspension gets worse.

For an Adult it’s a minor misdemeanor with a fine but no driver’s suspension.

There was a 6 month grace period, but this memo dates back to Sept 2012 when the State went into effect. That grace period was when they would just issue a warning. Ordinance Review could put in that grace period, but you don’t have to. After discussion, it was determined to take out the grace period.

There’s also a provision (E) in Section 1 that doesn’t make sense that I’ll take out. It references that municipalities can have stricter penalties.

Mr. Marrelli asked what ‘A Personal Digital Assistant’ is in part (C).

Ms. Calta replied it may not be a phone, could be any palm devices.


Mr. Marrelli, seconded by Mr. Catalano made a motion to approve Ordinance ‘Prohibiting the use of Wireless Handsets to Text Message While Driving’ with changes as noted:

  • Delete 6 month Grace Period.
  • Delete provision (E) in Section 1.



Ayes: Mr. Marquardt, Mr. Catalano, Mr. Marrelli
Nays: None
Motion Carried
Recommendation to Council.


Mr. Marrelli, seconded by Mr. Catalano made a motion for adjournment.


Ayes: All
Nays: None
Motion Carried

Meeting adjourned at 5:20 p.m. 

Respectfully Submitted,

Deborah Garbo
Executive Assistant
Building Department