Caucus - September 8th 2015

Village Civic Hall
Tuesday, September 8, 2015 - 8:00 p.m.

The Council of Mayfield Village met in Caucus Session on Tuesday, September 8, 2015 at Mayfield Village Civic Hall. Council President Marrie called the meeting to order at 8:07 p.m.


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


  • Historical Society

Mrs. Mills wanted to remind everyone about the Historical Society’s Ice Cream Social tomorrow night from 6:30-8:00 p.m. at the Bennett VanCuren Historical Museum. It’s $3.00 and includes a tour of the House, ice cream and cookies.

  • Grove Committee

Mr. Jerome stated, there is a Grove Committee meeting tomorrow at 7:00 p.m. All are welcome as all meetings are open to the public.

  • Theatre Painting (Michael’s Painting - $5,275)

Mr. Marrelli reported, I received two estimates. One estimate was really good. I got references from a couple commercial locations like Oberlin College that this painter was good and reputable. I would like to move forward with the theatre painting.


Council President Marrie asked for a moment of silence for Nancy Plastine who passed away.

Mr. Jerome asked, what about for Jim?

Council President Marrie stated, they were founding members of the Historical Society. They were very very instrumental in moving the Historical House to where it is today. They were movers and shakers on that project. It is a beautiful location and building today.

There was a moment of silence in Memory of Nancy and Jim Plastine.


Ms. Wolgamuth stated, as Steve mentioned, there is a Grove meeting tomorrow night. Garry Regan, the Chair of the Committee, is preparing a report for Council and would like to attend the September 21st Council meeting to do his usual presentation. You can look forward to that.

Ms. Wolgamuth also wanted to mention that the Mayoral forum that has been scheduled for October 6th will be going forward. The Chamber has contacted all of the candidates and all are available to attend. It will be at 7:00 p.m. in Reserve Hall. We will be sending a Village-wide invitation to all residents.

Ms. Wolgamuth stated, I distributed a flier called Last Call Cleveland. I can’t say I am particularly familiar with them, but I don’t really follow the comedy scene in town. They will be performing in Reserve Hall on September 26th. I looked at their website. They have been performing together since 2003. They have performed at many different festivals and have won a lot of awards such as Best Local Act. They have been in the Top 5 Best Live Comedy in Cleveland. I think this might be a good one. I am hoping some of you will be able to attend.

Mr. Jerome stated, I have seen them a few times. They are very good.

Ms. Wolgamuth stated, the names associated with it are Mike Polk. I know we have talked bout his before. Also, Matt Tortelli, Aaron McBride and Mark MacKenzie.

Ms. Wolgamuth continued, I also passed out the invitation for the Appreciation Dinner so you can get a preview. It will be on October 30th at RiverGrove recreation area in the Metroparks.

Also, I know you have asked in the past about the Heritage Home Program and how it is being received by the Village. There was a report in your packet last week that listed all the inquiries they have had. They have requested to do another mailing to residents. We agree to pay the postage and they do the printing and the mailing.

  • Community Room Re-Bid Results

Ms. Wolgamuth stated, I assume we will hold discussion on this until the Special Meeting.

Council President Marrie stated, we will hold discussion until the Special Meeting, correct. Thank you very much.


  • Audit Extension (Zupka)

Mr. Wynne reported, our audit is typically done by the State of Ohio. As a Village, we are only required to have an audit every other year but we elected to have one every year from the standpoint of being transparent and for keeping our auditor’s numbers as current as possible in the event we need to issue bonds so we can get our ratings evaluated by the rating agencies. Four years ago, the State decided to put our audit out to bid. You went through a process with them. We got quotes from five different CPA firms and it was awarded to James Zupka. They did our audit from 2011-2014. The contract expired at the end of 2014. The State contacted me several weeks ago and said that as a result of the cleanliness of our audit and the relationship with the CPA firm, they approved a 4-year extension with that firm if we wanted to do so. I checked with the Law Department and they said Council would be able to approve that extension if they so wish. Unless there’s any major objection, I am going to move forward with Zupka in negotiating pricing to bring back to Council for what a new four year contract would look like.

  • Tax Rate Resolution for tax year 2016

Mr. Wynne reported, this is an annual requirement with the County. It basically tells them that the portion of our money that comes from real estate taxes as to how we want that money divvied up including what goes in the General Fund and what goes in the Debt Retirement Fund. The main purpose is the County wants to make sure we have enough money going into the Debt Retirement Fund to make our principal and interest payments every year. There has been no change in the percentage allocation of those funds for next year versus how we have allocated the money for the past several years.

  • Tax Incentive Review Committee Meeting
    • Approval of TIFs

Mr. Wynne reported, Ron DiNardo and I went downtown about a month ago and met with the Committee to review our TIFs. All of the TIFs were reviewed and approved as being compliant and renewed for another year so at the next Council meeting we will have motions before Council to again approve those TIFs for continuation for another year.

  • Cuyahoga County 2015 Triennial Update

Mr. Wynne reported, this is just an FYI. I am assuming most of you that live in the Village have already gotten your appraisal updates. Once every three years, the County does what is called a stastical update where they just basically give you an appraisal update at a desk where they take a look at the trends and the market prices of the homes sold in the area for the past three years versus the next appraisal which will be an actual physical inspection of the outside of the properties and the type of improvements made. This is a statistical update. The average increase in market value of homes in Mayfield Village went up by a half a percent. That’s an average. Some areas might have gone up a little bit higher. When you receive your appraisal updates, that was the methodology used to calculate those numbers.


  • Dispatch Upgrade (Motorola Solutions, Inc. - $296,596)

Chief Edelman reported, this is a follow up from last month’s discussion of dispatch upgrades. I was able to get the final quote from B&C Communications which is $296,596. This includes a discount of a little over $32,000 provided we agree to the quote by September 30th. This is also below what was budgeted originally which was $340,000.

Council President Marrie thanked Chief Edelman. This will be voted on at the Regular Council meeting on September 21st.


Chief Carcioppolo reported, we will be promoting a firefighter to Lieutenant. The Civil Service examination was administered and the list certified. My recommendation was forwarded to the Mayor. He reviewed the recommendation and the applications of the potential candidates. A position was extended. That person will be sworn in at the next Council meeting on September 21st. You will receive a copy of the letter of appointment in your packets this week.

  • Legislation authorizing the disposition of certain municipal property by the Fire Department of the Village of Mayfield

Chief Carcioppolo reported, this regards the surplus list I provided to everyone previously. This allows us to go out to to sell surplus that we have sitting around the station. If there are any questions, I can answer them now.

Mr. Jerome asked, you go through items and take pictures. How do you determine putting them on the list as opposed to throwing it out?

Chief Carcioppolo replied, some things you just know are so old and dry rotted and to the point that they are not worth anything to anyone. With those, I make a separate list for approval to dispose obsolete equipment. Equipment such as a four-way stoplight has some value. I don’t know what it is, so that would be something easy to put on the website that someone might buy for a certain amount of dollars. I am pretty positive the Fire Department never purchased that, but no one knows where it came from. To be safe, we are selling it. Any other questions?

Mr. Jerome replied, makes sense. Thank you.


  • Beechers Brook Bluff Erosion Evaluation (Burgess & Niple - $5,750)

Mr. Metzung reported, this goes back to the SOM Center widening and upgrading of the drainage underneath SOM. It has caused erosion on the west side of SOM and Beecher’s Brook just north of Fisher’s Tavern. Over the years, Burgess & Niple had done our wetland mitigation monitoring in that area. After that ended, the erosion continued. We kept them on because they were familiar with the site to monitor the area. We are measuring the bank erosion. This is our second year of actual monitoring that way. It’s the first year that it has been over the Mayor’s spending limit. We are continuing to do this until such time as the Regional Sewer District finds out yea or nay on their money and we move from there. But it is an issue. This bank erosion is heading into the SOM Court area. The residents there are getting concerned.

Mayor Rinker stated, if memory serves, it’s been 5 years, if not longer, since we initiated discussion with them. It was more quiescent before but the monoriting reflects the fact that we are concerned at the rate. For what it’s worth, if the Supreme Court still holds up on this decision, depending on which way they go, I think alternatively it’s something we need to look at in the budget for next year as an infrastructure project we are going to have to address.

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

  • Trees for Fall planting at various sites throughout the Village (Klyn Nurseries – not to exceed $8,000)

Mr. Metzung reported, these are locations that are off roadways. Planting them in the Fall is advantageous for these so we don’t have to worry about the salt and things of that nature. This will be by Eastgate/Meadowood, ODOT, some plantings here at Civic Center, that kind of thing.

Council President Marrie asked, is anything ever going to be planted on the ramp coming off of 271 going north? There used to be a lot of trees there that died, probably from the salt.

Mr. Metzung replied, I do recall the planting they did years ago. There was a contact person for that. I will check into that.

Mr. Saponaro asked, isn’t that Ed Rahel?

Mr. Metzung replied, that’s who it was.

Dr. Parker asked, if memory serves me, we lost a lot of trees when they put in the barriers?

Mr. Metzung replied, maybe now that they are working on the barriers, that’s something they can follow up on.

Mayor Rinker stated, the barrier was put in almost 20 years ago.

Council President Marrie stated, I thought it was just the salt.

Dr. Parker stated, the replantings never made it.

Mr. Metzung stated, it’s a tough area especially as you are farther up the hill. The speeds are still high so the salt carries towards there.

Council President Marrie asked, would you look at it, please?

Mr. Metzung replied, yes, I will look into it and see if Mr. Rahel is still there.

Mr. Saponaro stated, Mary Beth and I know him from Leadership Academy. She has the information.

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


Mr. Esborn stated, we are in the process of applying for State Issue I funds for septic to sanitary conversions on Thornapple, Robley and a section of Wilson Mills. When we get to that point on the agenda, Tom and I can answer questions.

Mr. Esborn stated, the revised version of the Incentive Agreement with Freedonia was in Council packets this week. We talked about it in Finance Caucus. Additional revisions were suggested. I will work with the Law Department this week with the goal of having another set of revisions in packets for Council.


  • Fall/Winter Community Rec Brochure – Printing (Digest Media - $5,886.00)

Mr. Thomas reported, this is for printing 2,200 copies of the brochure which goes to the entire School District. It comes to about .27 a copy. We offset that with some of our advertisers. We collected about $3,600 in advertisers which will help offset some of that cost.


  • Senior Snow Removal Program

Mr. Thomas reported, four companies submitted bids. We will be requesting to use all four of the companies. From last year’s group, Interlock did not submit a bid this year. We already have 55 registered for the program.


Mr. Cappello reported, the Eastgate/Meadowood project is almost all done. They are just doing the punch list items, mailboxes and some landscape work. The 2015 Road Program started today. They are putting a temporary waterline on Glenview and Beech Hill.

Mr. Jerome stated, I spoke to a lot of residents on Eastgate and Meadowood. It’s obviously too late now because the road is already paved over, but there seemed to be a lot of issues with the contractor and residents. I know they have been working with you on the mailboxes, but it seems like the contractor in general didn’t seem to work well with the residents. I don’t know if you guys got the same complaints that I had heard.

Mr. Cappello stated, I would have to go over it with you.

Mr. Jerome stated, some are just happy there’s a road to drive on. We can discuss the specifics later. I know the mailboxes were a couple of them.

Mr. Cappello stated, based on the size of that job and all the work that was done, we are in good shape. We addressed numerous complaints as they came along.

Mayor Rinker stated, notwithstanding we had two well-attended meetings before and during the project. We encouraged and facilitated the neighborhood organization to address the tie-in issues. Apart from what I have heard about mailboxes, it seemed that the troubleshooting ahead of time was really very good between swales to where culverts would go in, coordinating the driveways. Having driven it before, during and after, the place has transformed. It is beautiful. Well sculpted. The driveways are seamless in connection with the streets. I would be curious to see what those complaints are.

Council President Marrie stated, if we only have a couple mailbox complaints with the huge project this was, it went pretty well.

Mr. Jerome stated, I can discuss the specifics with Tommy.

Mayor Rinker stated, Tommy can share it all with us, because I would like to know. We are very attentive to these kinds of issues. I am a little surprised.

Mr. Cappello stated, it’s also good to know when we do Thornapple and Robley to circumvent any potential issues beforehand.

Mr. Saponaro stated, Marge wants to talk about the dust issue.

Mrs. Eisenberg stated, thank you. I have a friend that lives over there. With the dust issue, perhaps you could wet down the road or something?

Mayor Rinker stated, I followed a truck on Friday night. It was shooting out probably close to front doors from the middle of the street totally drenching the street. I don’t know how many times they did it. The grass there is incredibly green. I know what my lawn looks like after this August. I don’t know what construction doesn’t have it, but if you drive back there, you would be pretty impressed at how clean and green it is.

Council President Marrie asked, anything else, Tom?

Mr. Cappello replied, no. Thank you.


  • Legislation authorizing seeking financial assistance from the State Issue I Infrastructure Bond Program for funding of Phase II of the sewer project on Thornapple, Robley and a portion of Wilson Mills Road

Mr. Diemert stated, Ted has already mentioned the capital infrastructure application for the second phase of the project he was talking about. That was pretty self-explanatory.

Mr. Saponaro stated, I think we need to talk about what was discussed at Ordinance Review this evening. There were questions and concerns over the political season and signage that is coming up. I don’t know if we have resolved anything, but at least we should discuss it.

Mr. Marrelli stated, I think the only thing resolved is we have to relook at the Ordinance to get it into compliance with the latest Supreme Court rulings.

Mr. Diemert stated, I have sent an e-mail out tonight that explains that in the past 30 days, the United States Supreme Court made a ruling on an Arizona ordinance on a different subject but related to signage in general and content, neutral-type of developments that are taking place and time, manner and placement of signs and restrictions on those. These were visited again by the United States Supreme Court and just published in the past 30 days. In the past week or two, the same Supreme Court took a case that was pending that we used to draft your amendments in 2013 and we based a lot of the amendments made then which reflects in your current Ordinance based on that decision that upheld the Garfield Heights’ Municipal Ordinance on restriction of political signage. It appears that the Supreme Court thinks that the Court of Appeals should revisit that now and instead of accepting certiorari, they vacated that and have sent it back now to the 6th Circuit to revisit. It’s in constant motion. My file is 4½ inches thick. I showed Ordinance Review tonight on just the sign ordinances in Mayfield Village in the 25 years I have been here. It’s a constantly changing thing.

Mr. Saponaro stated, even though it’s influx right now, the Ordinance that sits there has not been deemed to be unconstitutional.

Mr. Diemert stated, no, but I am rendering an opinion tomorrow to give to the Building Commissioner with the Mayor’s approval that will relax those sections we think this new decision will impact such as the 20 foot setback requirement. I am recommending that it not be enforced. Taking the signs and putting them in the Service garage, I am recommending that not be enforced. There may be one other item in there, but pretty much relaxing it and allowing two signs on a corner lot or any property that fronts on two streets to allow them to have two signs. He will get in touch with all the candidates and make sure they are aware of the relaxation of the rules, again, if the Mayor approves it, and then we will go from there.

Mr. Saponaro stated, great because the right-of-way is an issue because it depends on whether it’s an artery versus a collector street.

Mr. Diemert replied, old ordinance, new ordinance, no one is allowed to put signs in the right-of-way. Those will probably be confiscated unless it’s like a foot away.

Mr. Jerome stated, it’s important with free speech that everyone’s voice is heard out there. I am glad we are looking into it. Thank you.


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

There being no further matters, the meeting concluded at 8:30 p.m.

Respectfully submitted,

Mary E. Betsa, CMC
Clerk of Council