Caucus - October 5th 2015

Village Civic Hall
Monday, October 5, 2015 - 8:00 p.m.

The Council of Mayfield Village met in Caucus Session on Monday, October 5, 2015 at Mayfield Village Civic Hall. Council President Marrie called the meeting to order at 8:00 p.m.


Present: Mr. Jerome, Mr. Marrie, Mrs. Mills, Mr. Marquardt, Dr. Parker, Mr. Saponaro, and Mr. Williams

Also Present: Mayor Rinker, Mr. Wynne, Mr. Diemert, Mr. Cappello, Chief Edelman, Chief Carcioppolo, Mr. Marrelli, Mr. Metzung, Mr. Thomas, Mr. DiNardo, Mr. Esborn, Ms. Wolgamuth, and Mrs. Betsa

Absent: None


Leadership Academy for Councilman Jerome and Chief Carcioppolo (Cleveland State University, Levin College of Urban Affairs ($6,200)

Council President Marrie stated, this is a great program. Most of Council has attended it.

Mr. Jerome stated, it has been held for 25 years.   It’s phenomenal.

Council President Marrie stated, this is an enlightening program. It’s great also because you get involved with a group of people from all over the County. It’s great for anyone holding a position as a Director or Councilman to better themselves and for the residents.

Mr. Saponaro agreed. It’s good public servant training.

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



Mr. Saponaro stated, we have never heard back on what is going on with Freedonia. We approved it the way it was written. It came back and there were some changes to it. What’s going on with it?

Mr. Esborn replied, because there were suggestions, I have gone back with the Law Department and talked to Freedonia. We are still working on it. We are trying to get to a point good for both parties. It’s taken a little bit of time.

Mr. Saponaro asked, still in negotiations?

Mr. Esborn replied, correct.

Mr. Saponaro asked, and the issue is that what was changed was the aspect of it by which if they were to not follow through we would have to wait on getting reimbursed until the full five years versus what the original intention of the agreement was.

Mr. Esborn replied, we have gone back to them to talk about the language. We are still working on language that works for both of us.

Mr. Diemert replied, the lawyers are studying it.

Mr. Saponaro stated, very good. Thank you.

Drainage & Infrastructure

Mr. Jerome stated, Drainage and Infrastructure Committee met tonight. There is one existing resident from last meeting. We are discussing it with Doug and Tom to figure out how we are going to help them out and this new resident that they are going to look into. We will discuss it at the next meeting.


Part-Time Building Inspector status (employee vs. independent contractor)

Mr. Marrelli reported, I sent out a memo to recapture what is going on with our healthcare system with the retirees. PERS, because of the latest Federal changes in healthcare cannot allow an allowance, which they call a connector fee, that helps to defray costs for medical expenses for the retirees. I have two retirees working part-time with me now. They are at around 10 hours apiece per week. Anthony Carbone has been checking and we are going back and forth with the Law Department and Finance Department and we have come to the conclusion and PERS agrees that if they have severed their employment as an employee they can work for us as a contractor and then it would clear their health benefits. There would be like a clean break as far as PERS is concerned. I went out into the marketplace. There is a company that provides building inspection services and their fees are $75 an hour and up. If you see the contract that we entered into with Mr. Carbone, it’s considerably less than that. Over the winter months, work slows down and we get caught up and we only use the guys when there is work to be done. If there’s nothing going on, they don’t get scheduled.

Council President Marrie asked, Ron, do you have any other comment?

Mr. Wynne replied, no.

Council President Marrie stated, John, it certainly makes sense to use Mr. Carbone rather than the company at $75 an hour.

Mr. Marrelli stated, besides that fact, when you have somebody that has the credentials that my two guys have which is a number of credentials, it would take three or four guys with one credential each to cover the amount of work they can cover. I think we are getting it at a bargain. They know the Village. They know the people. It’s a smooth transition.

Council President Marrie stated, I think it was a sensible decision. Any questions or discussion for John?   There were none.


Council President Marrie referenced Ordinance 2015-24.  The Law Department will discuss this in more detail during their report.  It’s a small change to the Council representative assignments.  We will cover it at that time. We will try to push this through at our Regular Meeting of Council and vote on it at that time.  It gives Mr. Williams the ability to serve on this Committee. Briefly, the Ordinance reads that we have to have three At-Large members as representatives to the Committee.  Mr. Williams is a Councilman, but not At-Large.  I am asking this to be changed to two At-Large and one not At-Large.  I don’t know exactly why the three At-Large were ever put in that way, but it might have been to avoid favoritism which I don’t think was ever a problem.  We certainly don’t have favoritism because very frankly it’s not going on now and we have three At-Large and we are all in the same area.  It’s not like we are looking at just the Kenwood Garden area.

Mr. Marquardt stated, the logic is just what you said.  Because drainage problems cross different Wards, the concept was you should have At-Large Council people on there so it’s judged across the board looking for universal solutions for the drainage problems and again so there would not be any bias. That was the original logic behind having the three At-large Council people be the representatives on Drainage and Infrastructure.

Council President Marrie stated, okay. We can discuss it even further. That answers my question. I wasn’t sure. That was my guess.

Mr. Saponaro asked, have you gone through this in Ordinance Review?

Mr. Marquardt replied, no we have not.

Mr. Saponaro asked, when is your next meeting scheduled?

Mr. Marquardt replied, right now, there is no meeting scheduled, but it would be the second Tuesday of the month.

Council President Marrie stated, after we discuss this, we would then turn it over to Ordinance Review after the Council meeting. I did check the procedures. What we are doing is the right way to go.  It would have gone to Ordinance Review after this anyways for their decision. 

Mrs. Mills asked, what about Mr. Williams’ vote?

Council President Marrie replied, the way it would happen now is Joe and Steve would have a vote.  George would be on the Committee but he would not have a vote on it. He would serve on the Committee.

Mr. Jerome stated, if we change the Ordinance, he would.

Council President Marrie stated, if you change the Ordinance, he would have a vote, of course.  Then it would be that way.  I hear what you are saying Bill and I understand what you meant but the three of us are living in the same neighborhood anyways.  I don’t see what the difference is.  We will move on it and see what happens, but it will go to Ordinance Review after Council.  Any other comments or questions? There were none.


Civic Center parking lot lighting

Ms. Wolgamuth reported, bids will be opened for the Civic Center parking lot lighting on Friday at Noon. The final paving is being done on Saturday and the striping on Sunday so the Civic Center parking lot will essentially be done. The only other thing I wanted to mention was that the Chamber of Commerce Mayoral Candidates’ Forum is tomorrow evening at 7:00 p.m. in Reserve Hall. I hope to see you all there. Thank you.


Cleaning Community Room 7 days per week (Camco Cleaning Services - $1,626 per month)

Mr. Wynne reported, we had one part-time employee working three hours a day four days a week cleaning the Community Room and then we used a service for three days a week. We were paying $825 a month for the service for three days a week. The part-time employee has resigned for the same reason John mentioned with the PERS issues that Medicare eligible retirees are facing. We went back out to the current cleaning company and they provided us with a contract from $825 a month to $1626 a month for cleaning the Community Room seven days a week. From a cost standpoint, we come out a little bit ahead. The cost of the cleaning is a little less than what we were paying the part-timer.

Mr. Jerome asked, we are paying $826 now?

Mr. Wynne replied, $825 now.

Mr. Saponaro added, plus the part-timer which the total was more than the $1626.

Mr. Jerome stated, this will get us four more days. Twice as much, but we are going to get that extra day.

Additional discussion on creation of new Chapter 176 regarding municipal income tax pursuant to House Bill 5

Mr. Wynne stated, I provided Council with a detailed copy of the new Chapter 176 that would be going to the codifier for the new municipal income tax rules pursuant to HB 5. If there are any questions, this will go on to second read this month and then, Joe, can we suspend and then pass?

Mr. Diemert replied, yes.

Mr. Wynne stated, it has to be in by November 15th. If there are any questions, let me know.

Mr. Diemert stated, there’s nothing controversial.

Council President Marrie asked, any questions or comments? There were none.


Donation of non-operational Ingersoll Rand-Air Compressor to Mayfield Heights

Chief Carcioppolo stated, we want to donate our obsolete out of service air compressor that we just replaced last week to Mayfield Heights because they have the same unit and they can salvage parts off of it and keep theirs going for a little bit.

Council President Marrie stated, fine. We get rid of something that’s considered scrap and Mayfield Heights is very happy to get it for parts.

Mr. Jerome stated, we approved some items to go on Have you gotten everything on it yet?

Chief Carcioppolo replied, not all of it. Right now, the ambulance, stoplight, old civil defense siren.

Mr. Jerome asked, any biters yet?

Chief Carcioppolo replied, yes. The squad is up to $875. The stoplight is at $100. The civil defense siren is at $275 or $300. We are slowly adding those things on that list on to the website to get rid of them.

Mr. Jerome stated, thank you.

Council President Marrie asked, any other questions? There were none.


Bid Results: 2015 Street Striping

Mr. Metzung reported, the bids were opened. Pat Flowers was the low bidder by a significant amount. With your blessing, I am going to let him know he can start getting everything together to get started since it so late in the year.

Mayor Rinker asked, they are going to change the striping out here with the arrows?

Mr. Metzung replied, correct.

Demolition of House located at 470 SOM Center Road

Mr. Metzung reported, this is often referred to as the Zako home. As you know, we have owned that building for quite some time. We had renters in it for a while. They have been long gone. We have since turned off 90% of the utilities in that home. You may recall earlier this year looking at coming in to redo the roof on that building. That was deferred at that time. The building is not getting any better. We worked with Administration to see if anyone had any uses for that building. That came back negative. We are now looking to demo the building.

Mr. Jerome asked, this wasn’t budgeted?

Mr. Wynne replied, we have a general budget that is for these types of items.

Council President Marrie asked, you will go out to bid?

Mr. Metzung replied, yes, we have currently gone out to bid. I am not going to share them at this point because we have to do some clarifications on them. They are in the $20,000 range.

Council President Marrie asked, any questions? There were none


Adding on to Doug’s report on 470 SOM, Mr. Esborn stated, since the Fall of 2013, we have taken 6 groups through looking at the house as a restaurant. One group looked at it as a restaurant or an office. The two major themes coming out of those visits is that the cost of taking the structure from what it is to what it would need to be to be either a restaurant or an office building just seemed too high plus with the location of the house, the restaurateurs, some of them at least, thought it would work during the warm weather but not during the cold weather. Those were pretty common among the folks who looked at it.


Mr. DiNardo reported, the window replacement for the Fire Station will begin next week. Delivery of the windows is scheduled for October 12th and the work to be completed by November 1st. The construction has begun at the restroom building and pavilion structure at the softball fields. They anticipate being completed the first or second week of December.

Council President Marrie asked, any questions or comments? There were none.


Drainage and Infrastructure Committee

Mr. Diemert reported, the Drainage and Infrastructure Committee amendment you have already indicated you are going to have go to Ordinance Review if Bill wants to get it to them at their earliest meeting but we are going to have a Council meeting before that anyways so you might as well just refer it at that point.

730 SOM Rezoning

Mr. Diemert stated, this is a rezoning potential matter. The property owner, Dr. Moyal, has requested and is applying for a rezoning of his residentially zoned property in the front of the Georgian Building for use as an assisted living. We don’t have a zoning district for that. It would require rezoning to something non-residential and then conditional or special use permit. The option we discussed at Planning tonight is perhaps creating an assisted living or senior living district within the Village that would accommodate these types of uses for the future and offer a rezoning area that would be specific to those kinds of uses. The property owner has the right to pursue it and ask for the rezoning to office laboratory if they want to. We are going to try to discuss that with the attorneys to make sure they understand it might be better to approach this in a cooperative effort and that will be our goal. Just so everyone starts thinking about it. You may be seeing things on the agenda relating to the rezoning of 730 SOM Center or some kind of new zoning district will be coming towards your way in the future.

  • Authorization for the Mayor and Council President to enter into the Community Room Access Easement Agreement
  • Authorization for the Mayor and Council President to enter into the Reimbursement Agreement providing for reimbursement of $75,000.00 from the Mayfield School District for Alternate 1
  • Approval of Change Order Number 001 in the amount of $75,000.00 bringing the total contract amount with Seitz Builders to $2,099,000.

Mr. Diemert stated, we will have pieces of legislation on the agenda relative to the Community Room construction. The Board of Education has agreed to the easement area. They have already authorized it and executed it. That will be on the agenda for our side to approve it and execute it. It merely indicates putting a joint driveway in between the two buildings and joint access to the parking lots in the back area. The second piece relates to the Board of Education reimbursing Mayfield Village up to $75,000 for any additional costs that might be incurred by the Village during the construction of the improvements necessary for this joint easement area work on the Board of Education property. They have indicated verbally preliminarily their approval. The details of the contract have already been shared with their Board. It’s going to be on your agenda now to also approve that. As you know, you already approved the contractor for this. He has already incorporated these as a change order number 1. If we approve this agreement then change order number 1 will be entered into if we approve the reimbursement agreement.

Mr. Jerome asked, how will this affect maintenance down the road? Will they take care of their half and we will take care of our side of the property?

Mr. Diemert replied, the terms are set forth in here. There’s a lot of similar questions, but basically we speak to every issue and it’s a shared responsibility.

Council President Marrie asked, the agreement includes the $75,000 which they will reimburse us for?

Mr. Diemert replied, correct.

Council President Marrie asked, any questions or comments? There were none.


Marge Eisenberg


I want it on the record that trucks are absolutely tearing up the street. It took a long time to get that street fixed. It wasn’t fixed properly but it was fixed. Now the trucks go up and down. This morning, the recycle truck had to back up because there was no way he could get down. Last week, a bus with a load of children on the bus had to back up because the truck was coming down. Had that bus gone into the ditch and my child had been on that bus, I would absolutely be furious. There is absolutely no reason why all those trucks have to use our street. Thank you very much.

Mr. Cappello replied, they are installing waterlines on Glenview, Bonnieview and Beech Hill. They are using the roads because of that. Once they get past Seneca, they will probably be using Glenview. Once they get past Glenview, they will be using Bonnieview as they progress down to the south. You are going to have occasional trucks because it is a street they can maneuver.

Mrs. Eisenberg stated, I understand, but then I think perhaps when you fix Glenview and Bonnieview you should fix Seneca again.

Council President Marrie stated, thank you very much Marge. Any other matters?

Mr. Jerome stated, some residents have had issues with the exposed waterlines they are redoing over there. Tom and I have been working on this. He has come to the conclusion that they are going to bury them.

Mr. Cappello stated, we have started that. They have pretty much buried all of Beech Hill. I think they are working on Glenview also. I am not sure they are 100% done but they basically are replacing the aprons on that side of the street. The ramp system wasn’t working so they took the ramps out and put some lines in when they did the aprons.

Mr. Jerome stated, I appreciate it.

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

Council President Marrie asked, any other matters to be discussed? There were none.

There being no further matters, the meeting concluded at 8:25 p.m.

Respectfully submitted,

Mary E. Betsa, CMC

Clerk of Council