Safety & Service: May 1st 2017

Main Conference Room – Mayfield Village Civic Center
Monday, May 1, 2017- 7:15 p.m.

The Safety and Service Committee met on Monday, May 1, 2017 in the Main Conference Room at the Mayfield Village Civic Center.  Chairman Marrie presided and called the meeting to order at 7:15 p.m.

ROLL CALL:          

Present: Mr. Marrie, Mr. Jerome, and Mrs. Mills

Also Present: Mayor Bodnar, Mr. Williams, Mr. Saponaro, Mr. Marquardt, Mr. Wynne, Mr. Metzung, Chief Carcioppolo, Sergeant Miller, Mr. McAvinew, Mr. Cappello, Mr. Marrelli, Mr. Diemert, Ms. Wolgamuth and Mrs. Betsa

Absent: Dr. Parker


  • Development of new Master Plan

Mayor Bodnar stated, as you know, we got the grant from the County to work with us in developing our new Master Plan.   Last week we met with Mr. Coyne who is the person in charge and also James Sonnhalter who manages the Planning Services.  They walked us through the process.  It’s in several phases.  All of the information was attached to the memo you received in your packets on Friday. We were very impressed with their professionalism.  They led us through the Plan.  It’s estimated to be finished around the end of June of next year, I believe.  It’s 5 phases.  It’s very well organized.  They are very personable.  They are very professional.  We are excited to begin this process with them.

They also recommended, and this would be at our own cost, doing a community survey.  Normally what they do is they do a sample survey within the community and they normally send it to 1300 households.  In that case, that covers our entire community, so that is what we would do.  They showed us examples of a survey.  They compile all the results.  It’s very well done.  It’s very helpful.  That would come to us at our cost which would be not more than $18,000.  We would recommend that.

I did see Mayor Gordon from Beachwood over the weekend.  I knew that Beachwood had used the County Plan process and also did a survey. He could not say enough good things about not just the survey but the whole process and how professional it was and how well done it was and now they are embarking on their Plan. We would definitely recommend going forward with both pieces and approving the MOU for the Plan as well as for the survey.  Any questions?

Chairman Marrie asked, where do we go from here now?  Do we decide something in agreements with the County then?  Is that the next step?

Mayor Bodnar replied, yes.  In your packets you have the Memorandum of Understanding for the general plan and then there’s also a separate one in there for the survey.

Ms. Wolgamuth added, Mr. Coyne would like to come to the next meeting to do the initial presentation.  In between now and then we will ask the Law Department if we will need Resolutions to approve these.

Chairman Marrie stated, that’s a good idea. That way it is very open.  Any other questions or comments?

There were none.


  • Outdoor Burning

Chief Carcioppolo reported, there was a request that came in to establish legislation to outlaw open burning completely.

Mr. Marrelli asked, outlaw?

Chief Carcioppolo replied, yes.  To prohibit any open burning in the confines of Mayfield Village.  They requested it to be brought to the floor of Council.  I just wanted to emphasize the fact that the Ohio Revised Code does permit open burning for cooking, warmth, religious activities.  It requires that you use seasoned hardwood to conduct that burning.  It also has provisions in it that if someone is burning a fire and it is a nuisance to someone else and they call in and complain, we can go to the point of the fire and we can extinguish it or help the person extinguish it because it is creating a nuisance to someone else.

Mrs. Mills asked, why does this person want this?

Chief Carcioppolo replied, I guess because she stated that some of her neighbors burn on occasion and it irritates her.  She has asthma.  I advised her that if she has any of these occurrences, she needs to contact us when they are happening and we can come out and address the issue.  She understands that.

Mrs. Mills stated, we have an ordinance against open burning.

Chief Carcioppolo replied, no, we have an ordinance that basically reiterates what the Ohio Fire Code says. We did make one exception to change the distance required from combustible structures to 25 feet in certain instances instead of 15 so that was a little more restrictive than the State Code.  I am just bringing it to the floor to advise you all.  I can’t really say that that’s an easy thing to do because you could have a woodburning stove installed in your home and there’s nothing we can do to prevent that.  If you are burning seasoned hardwood just like you would burn in one of those you are going to produce the same.

Mrs. Mills asked, what about those little Mexican things, whatever they are?

Chief Carcioppolo replied, those are permitted but you would burn the same materials with seasoned hardwood.

Mrs. Mills asked, has she called before?

Chief Carcioppolo replied, yes.  Over the last couple years Assistant Chief Girbino has assisted her. I have also spoken with her.  We did put out a flier in the most recent mailing that talks about open burning just to reemphasize that you should only burn seasoned hardwood because it doesn’t smoke as much and has a lot less moisture content in it.  A couple years ago, when this issue came up, Assistant Chief Girbino put a VOV article in that dealt with it as well.  I did tell her that the mailing was going out and she seemed happy with that.

Chairman Marrie stated, there are a lot of people who have these open pits for burning.  Is that going to roll over into that also?

Chief Carcioppolo stated, any open burning.

Ms. Wolgamuth asked, are you recommending a change to the current Ordinance, or are you recommending no change?

Chief Carcioppolo replied, I am saying that it is pretty difficult to change.  From an enforcement standpoint, it would be very difficult.  Then you would, if it was truly prohibited, you couldn’t have a little campfire to make s’mores for your kids or a social gathering with your friends.

Mrs. Mills stated, they have these fire pits you have seen around.

Chief Carcioppolo stated, yes, those are commercially listed and designed for that purpose.

Mr. Jerome asked, what about a gas thing, does that count as the same thing, or no?

Chief Carcioppolo stated, it’s still an open burn.

Mr. Jerome stated, but if it’s in your house.  It’s the fact that it is outside?

Chief Carcioppolo stated, I was just trying to use that as an example.

Mr. Jerome stated, I understand. I am just trying to figure out what delineates the two.  Because it’s outside?

Chief Carcioppolo replied, because it’s outside.  If you have a fire outside, even if you have a natural gas-fired recreational device or a homemade one, it still would have to comply with the provisions of the Ohio Revised Code for size, which limits the size of the fire.  Most of the commercially listed things you buy at Home Depot are within those confines because they don’t want to make multiple different things that would be outlawed in some States.  For what it’s worth, I would say that it is a pretty difficult task to completely prohibit outdoor burning.  The Ohio Revised Code is substantial enough to enforce.  I would not want to try to do that here beyond what the State law says.

Mr. Saponaro stated, from my perspective, to inform everyone how to do it safely and so forth is one thing, or what’s prohibited and what’s not if you want to continue to do that.

Chief Carcioppolo stated, I think that’s really the easiest thing to do.  We sent out this mailing.  It is just more of a neighbor thing. If your neighbor is upset by it, then trying to be more aware of that.

Chairman Marrie stated, you mentioned that you would be willing to go over.  Is it possible you could go over when they are burning?

Chief Carcioppolo replied, absolutely.  If you call us, that’s what our job is.

Chairman Marrie stated, I don’t mean me calling you.

Chief Carcioppolo replied, not you.  We had this discussion. I told her that it is our job, so if you call us and advise us that this is going on we will show up and deal with it accordingly.

Chairman Marrie stated, I think that would be the right thing to do because we could get ourselves in a corner here where the cure’s worse than the disease.  I personally would be against banning all fires.  People have firepits.  They spend thousands of dollars for these things.  Personally, I would be against it, because I think what we would do is make it worse than what we have.

Chief Carcioppolo stated, I agree with you.

Mrs. Mills suggested Chief Carcioppolo have a copy of the ordinance in his vehicle in case he needs to give it to anyone.

Chief Carcioppolo stated, we just go out and explain it to them.  It’s not normally a big deal at all.

Mayor Bodnar asked, if this person were to wear a mask or something, would that help her?

Chief Carcioppolo replied, no, because if they had to wear a mask that would be a nuisance to them. 

Chairman Marrie asked, why don’t we just leave it?

Mr. Saponaro stated, it is subject to your judgment so anyone that has any type of breathing ailment, it can be a nuisance.  It’s a slippery slope.

Chief Carcioppolo replied, right.  So if someone calls in and complains it’s pretty much-

Mr. Saponaro stated, it’s discretionary.

Chief Carcioppolo stated, if there’s a complaint, the only way we can resolve it is to extinguish it.  You can call and say it is bothering me and we will come out and take care of the issue.

Mr. Jerome stated, so if it bothers someone, you automatically have the right to extinguish the fire even if it is within the Ohio Fire Code?

Chief Carcioppolo replied, yes, because the Fire Code permits it as long as it is not a nuisance to other people.

Mr. Jerome stated, if you have a neighbor who does not like their neighbor, they can just call.

Chief Carcioppolo replied, you are right.

Mr. Saponaro asked, Joe, what are your thoughts?

Mr. Diemert replied, the gas thing, you are not burning anything if you are talking about artificial logs, which a lot of those are.  I don’t think that falls under it.  You are not burning anything.

Mr. Marrelli stated, like a grill.

Chief Carcioppolo stated, that would be a good observation to make.  We would make that same observation and say there’s really next to no byproducts of combustion because it’s propane and it’s burning almost completely clean so to say that this is bothering you because of the smoke is kind of a falsity.  I agree with you.

Mr. Diemert, as far as someone just retaliating.

Mr. Saponaro stated, or determining what a nuisance is.

Mr. Diemert stated, you really want the Fire Department to be making that decision.

Mayor Bodnar stated, there should be some sort of objective standard.

Mr. Saponaro asked, is there one out there that we know?

Mr. Diemert replied, no, I don’t think so.

Chief Carcioppolo stated, if you are burning a combustible material and it’s producing smoke, it’s pretty clear.  It’s kind of hard to go to someone and say, I don’t agree with what you are talking about.

Mr. Saponaro stated, no, I am not talking about when you are saying it’s not burning smoke, I am saying, how is that a nuisance if that is what a fire does?

Chief Carcioppolo stated, I get what you are saying.

Mr. Saponaro stated, from a legal standpoint, I think it would be a tough one if I were in your shoes to say we are putting this one out, we are not going to put that one out.

Mr. Diemert stated, whenever I cook a steak or ribs or hamburgers, I smoke up the neighborhood because I burn it.

Chief Carcioppolo stated, I understand. I don’t think that completely outlawing fire is a good idea.  We are going to just continue down the path we have been on for the last 40 years and we will deal with everything on a case by case basis.

Mr. Saponaro stated, I totally agree.

Chairman Marrie stated, that’s a good idea.  Any other questions or comments?

There were none.

Chairman Marrie stated, thank you Chief.  I appreciate your comments.


  • Equipment Rental and Sound Technicians for The Grove and other Special Events for 2017

Mr. McAvinew stated we have used Showtime Sound Company in previous years at The Grove to provide sound and other special events in the community.  Their proposal is at $9,950.  There were two other proposals.  One was significantly higher than that.  It was around $21,000.  There was one lower than Showtime Sound, but I was not confident with the company’s references and where they came from.   They looked like they only provided service to mostly weddings.  I did not feel it was a comparable bid to the other one.  With the experience of Showtime, it’s the best option.

Chairman Marrie stated, questions or comments?  We will pass this to Finance.


  • Ex-mark Lazer 60” riding mower

Mr. Metzung stated, I need to replace a riding mower.  It’s in this year’s budget.

  • Sidewalk plow

Mr. Metzung stated, I would like to go out to bid for a sidewalk plow.

Mr. Jerome stated, we talked about this a couple years ago.  We were going to buy a brand new one and then we stuck with what we have.  We are now at the point that it could break at any point.

Mr. Metzung stated, several years back I was looking to rebuild the current one.  I was going to send it back and have it rebuilt.  I talked to them about it.  It turns out the cost of that was pretty significant, in the $60,000 range.  Then they came up with a program where they do newer models that they rebuild in the $70,000 range.  That seemed like it made more sense to go in that direction.  Then we had the opportunity to attempt to get a grant to purchase a new one.  That did not come through so now we are back to looking to replace the 20-year-old sidewalk plow.

Chairman Marrie asked, any other questions or comments?  There were none.


Chairman Marrie asked, any other matters?

There were none.

There being no further business, the meeting adjourned at 7:32 p.m.