Caucus: May 1st 2017
MINUTES OF A COUNCIL CAUCUS
Mayfield Village Civic Hall - Mayfield Village Civic Center
Monday, May 1, 2017 - 8:00 p.m.
The Council of Mayfield Village met in Caucus Session on Monday, May 1, 2017 at Mayfield Village Civic Hall in the Mayfield Village Civic Center. Council President Saponaro called the meeting to order at 8:00 p.m.
Present: Mr. Jerome, Mr. Marquardt, Mr. Marrie, Mrs. Mills, Mr. Saponaro, and Mr. Williams
Also Present: Mayor Bodnar, Mr. Wynne, Mr. Diemert, Sergeant Miller, Chief Carcioppolo, Mr. Metzung, Mr. Marrelli, Mr. Cappello, Mr. McAvinew, Ms. Wolgamut,h and Mrs. Betsa
Absent: Dr. Parker
Mayor Bodnar stated, last Tuesday, the Mayors went down to Squire Patton & Boggs. All the State representatives were there. I had the opportunity to talk to them one and one about our interests and I asked about the budget. The budget is the hot issue right now. We are keeping in touch with that.
Saturday, I attended the Hillcrest Council of Council breakfast along with Patsy Mills, Tom Marrie and Bill Marquardt. We had very in-depth presentations by the Cleveland Water Department as well as our Regional Sewer District. I got a lot of contact information. They are most willing to come out and meet with different groups and organizations if anyone is interested. They have an open house coming up. I don’t have the date. Patsy, do you have it by chance?
Mrs. Mills replied, they have not established it yet. There will be two. There will be one before the election in October and then after the election, maybe the 1st of December.
Mayor Bodnar asked, I thought they had something coming up at the Nottingham Water Treatment?
Mr. Marrie replied, that was an Open House, I believe.
Mayor Bodnar stated, I can look it up. If anyone is interested, send me an e-mail and I will get you that information.
- Further discussion of proposed extension to moratorium on medical marijuana
Council President Saponaro stated, we don’t normally have public comment at Caucus but if anyone wants to speak on this, this is something we want to make sure we are listening to our residents on. If anyone wishes to speak at this point, you can certainly come up.
Mr. Jerome stated, I did have a question. Is this going to go on Ordinance Review? I asked that the other day. I think it should if it is something we are going to be discussing.
Council President Saponaro stated, we did this initially in January. This is just to further the extension of it. Joe, what would be the reasoning for the Ordinance Review of this?
Mr. Diemert replied, I don’t see any, but it’s always Council’s prerogative to send it to Ordinance Review.
Mr. Jerome stated, I guess I am not sure. You said originally it did?
Council President Saponaro replied, no, it never went to Ordinance Review because it was pretty clear from an ordinance perspective. How would it effect the other ordinances of the Village? Is this something you have a thought on?
Mr. Jerome stated, I am pretty big on things going to Ordinance Review. I think that’s the process.
Council President Saponaro asked, anyone else’s thought on this?
Mr. Jerome stated, if anyone disagrees, then so be it. I just thought it would be the good way to go.
Mr. Marquardt stated, it should be discussed in Ordinance Review.
Council President Saponaro stated, we can certainly put this on for Ordinance Review. Mary Beth, would you put that on the next agenda? That would be for next Tuesday.
Mrs. Betsa stated, the May meeting of Ordinance Review has cancelled.
Mr. Marrelli asked, Council President, as a member of the Ordinance Review Committee, who will be championing the discussion of this topic?
Council President Saponaro replied, it should go there with someone who is going to champion it.
Mr. Marrelli stated, someone has to sponsor it. We can’t just throw stuff to Ordinance Review and say look at it.
Council President Saponaro stated, that’s a very good point.
Mr. Marrelli stated, I am noticing more and more things are just getting tossed into Ordinance Review with no background, direction, any kind of information.
Council President Saponaro stated, that’s a very good point. Mr. Diemert, how would that generally work in this situation?
Mr. Diemert stated, if it is not sent to Ordinance Review at the outset, we do have an Ordinance on it now, I think, establishing it. I don’t have it in front of me, but the concept in the beginning was to make sure that any ordinance is not in conflict with the rest of the codified ordinances or it fits well or is something that is recommended by that Committee who looks at it in relation to the other Codes in the Village and gives Council their advice and direction. It’s just another tool like any committee, but it doesn’t have any weight over Council at all. It’s just a tool.
Council President Saponaro asked, but from Mr. Marrelli’s standpoint, in terms of sponsoring –
Mr. Marrelli added, or presenting.
Council President Saponaro stated, or presenting, is that something your department would do? They are at the meetings, you or Mark are there?
Mr. Diemert replied, we are usually, yes. We never champion any Ordinance. We merely draft what we are asked to draft. I don’t know who asked for this to be drafted.
Mr. Marrelli stated, my experience with Ordinance Review has been that when we find that an ordinance is out of sequence with today’s processes and laws, someone says, oh my gosh we need to change this because we are out of date. It’s too old. It doesn’t work anymore. They bring that to the table and says, this ordinance needs to be changed because of a, b, c, d, e. Then we look at it and say, we agree, we don’t agree or we partially agree and we modify. Just to throw something out there and see what happens.
Council President Saponaro stated, I guess the direction would be that we want to propose to extend the moratorium we currently have and I think we are making sure we are going through the vetting process. It’s really, the direction for Ordinance Review is, what is your opinion?
Mr. Diemert stated, you can send it to Activities Committee too. It can be an activity.
Mr. Marrelli stated, normally Ordinance Review does not get asked to –
Mr. Diemert stated, make a policy decision.
Mr. Marrelli agreed. Exactly, and it is a policy decision.
Council President Saponaro stated, I understand. The way the ordinance is written is not the issue. It’s the opinion on it.
Mayor Bodnar stated, I thought we were doing this as a Committee-As-A-Whole because this is a major issue so we put it before all of Council and all of the public.
Council President Saponaro stated, that was my intention to do it. If people feel strongly about it going to separate Committees, we certainly can do that but that’s why we are taking our time doing it here. Mr. Marquardt, you have been on that for a long time, if this came to you, what would your thoughts be on this?
Mr. Marquardt replied, I would have to review the ordinance and then say is this reasonable or should we make some changes to it?
Council President Saponaro stated, so you are looking at it from a reasonable standpoint, the ordinance itself, not necessarily the subject of the ordinance but the ordinance.
Mr. Jerome stated, recently we just did the one for the defibrillators. It went to Ordinance Review. How did that get to that process?
Mr. Marrelli stated, that was sponsored by the Fire Chief who said we believe there is a need for this and gave us the reasons why.
Mr. Jerome stated, so what you are saying is the Fire Chief came to the meeting.
Mr. Marrelli stated, someone has to come to that Committee and make a presentation on what the Committee should or should not do and how to or not to act. You can’t just throw stuff on the table. There has to be direction or we sit there and go, what are we supposed to do with this?
Mr. Diemert clarified, this is a permanent moratorium. It’s worded wrong on the agenda. It’s discussion of a proposed permanent prohibition.
Council President Saponaro asked, or permanent moratorium, right?
Mr. Diemert stated, we could extend for another 6 months the temporary moratorium that we passed back in January. The legislation that’s on the agenda now is to permanently prohibit retail marijuana in the Village of Mayfield.
Council President Saponaro stated, Detective Miller, if you could talk to Chief Edelman? He made a presentation at the last meeting that was very empowering and impassioned. I would just ask that you would pass along to him that at the next Ordinance Review meeting we would like for him to be attendance. We will let you know when that is so he can address the committee regarding that. I think that would be beneficial.
Detective Miller replied, sure. I will pass that along.
Council President Saponaro stated, thank you very much. If we can’t do it in May, we will do it the second Tuesday in June. Anything else on this? Thank you for all your input. I appreciate it.
- Request by Councilman Jerome to attend the Empowering Local Leadership Conference in Washington, D.C.
Council President Saponaro stated, we had a discussion on this in Finance. The points I had brought up were it does not meet with our training requirements under our Charter and that there are local, Columbus and Ohio, meetings that would provide good training as well as meet the objectives of making sure our voices are being heard from Mayfield Village to the powers that be that can make changes and help us in our governance. For those who were not in attendance, I don’t know if there are any questions anyone has on this.
Mr. Williams stated, I appreciate you bringing this up Council President. What’s the decision criteria here? What are we working toward?
Council President Saponaro stated, in all honesty, this is a department head decision, but I said to Mr. Jerome that I felt it warranted a discussion on it just so we understand, what are we trying to do from a Council perspective in terms of conferences and things of that nature? What is the goal? I don’t think we have ever established something that was concrete. As a Council, I don’t think we have a concrete expenditure for traveling in terms of what will be reimbursable. This was brought up and I think it is an opportunity to now look at our own governance to make sure if we need to tweak any type of expenditures, anything along those lines. The end goal is to get input from everyone.
The cost, as I understand it to be, one year was $1,100, last year was I believe $800, another year was $1,200. This year would be around $800-1,100 depending on what is reimbursable, what is paid directly to vendors and so forth. Just really trying to get input and figure out what our goals and objectives are. Our Charter is clear that we as Council are allowed to attend the local conferences and conferences that provide us with seminars and training. We are required to get seminars and training and this is not that type of conference. Though it does have other benefits, it does not have the main benefit that Council would have. My review of this Empowering Local Leadership Conference is really that it was, in my estimation, geared more towards Mayors and City Managers. In Finance I did ask the Mayor about her attendance at it. Do you want to mention anything?
Mayor Bodnar stated, again I would reiterate that this is your decision. I don’t want to influence you. Personally, I know Dave Joyce. I know his assistant Nick. They come to our groundbreakings and everything. I keep in close personal touch. I did not feel like the Village would be getting a bang for its buck to send me to Washington because I can accomplish the same things here. Also, I think it is very important for us to be in touch with our State legislators in Columbus. They have a great and a direct impact on the things we do here and the money that comes back to us and legislation that affects us. That’s real important, as well as with the County, Jack Schron, our County representative, we keep in touch with him. I just felt personally I could do at a local level or in Columbus keeping in touch with our legislators, Matt Dolan, Marlene Anielski, so I have decided personally it was not worth it for me to go to Washington for this event.
Council President Saponaro stated, thank you. Does anyone else have any input on this that wants to weigh in?
Mr. Williams asked, Mr. President, I am still trying to find the answer to how will the decision be made for this particular request?
Council President Saponaro replied, the decision will be made based on the criteria of how does it benefit Mayfield Village as a whole?
Mr. Williams asked, so that’s your decision?
Council President Saponaro replied, it’s a department head decision, but I am asking for everyone’s input. If you feel it is something that is beneficial, then please say that. That’s what I am looking for. I want to know what other Council members believe in terms of this expenditure. It’s not so much about the amount of money but it’s about if we are going to start looking at conferences like this, they have to benefit the Village and they have to fit within our role at the Village which is legislative. Those are the two things we want to look at. If you have an opinion on it, that’s what I am looking for. I am looking for your opinion.
Mr. Williams stated, until we have a deeper discussion about this, it sounds like it does not fit according to our legislation policies and Charter and that the Mayor gave her perspective that it was not a benefit to her. I would recommend not to attend this conference.
Council President Saponaro asked, anyone else?
Mr. Marrie stated, Joe, just to reiterate what I said in Finance that I was against this. I think we can get more direct help by talking person to person to someone like Dave Joyce. Steve mentioned that he knew him personally and I think for myself I would be against this. He could get a hold of Dave Joyce if he is that close to him. I think we need to work harder on the State where we get a lot more money from them on grants and so forth. Those people, rather than the Senators. I don’t think it’s necessary.
Council President Saponaro stated, very good. Thank you.
Mrs. Mills stated, I feel the same way. I think we have a lot of conferences and seminars right here that you can take advantage of locally without such a big expense.
Council President Saponaro stated, okay. Very good. Anyone else?
There was no further discussion.
Council President Saponaro stated, one more thing I wanted to add as part of my report is, we received the Cuyahoga County Board of Health Annual Report for 2016. Do we have this posted anywhere? If we don’t, I highly encourage everyone to look at it. They did an amazing job. In the upcoming Voice of the Village, my article is about the drug epidemic. One of the things they talk about is the Naloxen and law enforcement and what they have done in the County. Obviously, The Plain Dealer everyday seems to have something different on what we are trying to do as a State for drug treatment, what we are trying to do for opioids in terms of healthcare coverage and so forth. This is an excellent resource. I don’t know how we can get it to people. Maybe we can put a link on our website to the report.
Mayor Bodnar agreed.
Council President Saponaro stated, we will do that. It’s an excellent report.
CLERK OF COUNCIL:
- Community Shred Day
Saturday, May 13, 2017 – 9:00-12:00 – Civic Center
- House Bill 9 Training
Ohio Auditor of State - Friday, May 26th – 10:00-1:15
Mayfield Village Reserve Hall
- Arts and Culture Public Officials Breakfast
Friday, June 16, 2017 – 8:00-10:00 a.m.
Cleveland Institute of Art
- Annual Meeting of the Northeast Ohio Areawide Coordinating Agency
Friday, September 8, 2017 11:00-2:00 p.m.
Global Center for Health Innovation, Downtown Cleveland
- Training Session – Robert’s Rules, Minutes, Agendas, Legislation
September 21, 2017 – 12:00-4:00 p.m.
Sponsored by Mayfield Village
Mayfield Village Reserve Hall
Mrs. Betsa provided information relative to the upcoming events. RSVP to Mrs. Betsa if you have not already done so and are interested in attending.
House Bill 9 Training and Robert’s Rules Training being held at Reserve Hall are free and open to the public. Anyone wishing to attend, please let Mrs. Betsa know.
- Professional Services with the Cuyahoga County Planning Commission to assist with development of a new Master Plan
- Community-Wide survey to be utilized during the Master Plan process
Mayor Bodnar stated, Diane and I met Thursday with two members of the County Planning Council to talk about the grant we received. We discussed our new long and short term vision plan. As we mentioned at the earlier meetings, our old Plan, the 2020 Vision Plan, was enacted in 2004. The things in that Plan have either been done or have become obsolete. We don’t plan on doing them anymore. This is our opportunity to look to the future. There was quite a bit of information in your packets over the weekend.
Mr. Coyne and Mr. Sonnhalter walked us through the phases of the Plan. It is anticipated it would take a little over a year from now, about June of 2018. They also recommended that we send out a customized survey to all members of our community. They gave us a sample they have done. It was extremely well done. They would send it to all members of our community, about 1300 households. They would then tabulate the results and put it together in a form that could easily guide us into the future. That would be an out of pocket cost. They estimate the cost not to exceed $18,000. A lot of that is in the hard costs of sending out the survey and getting it back.
At this point, we would recommend at the next meeting we approve the Memorandum of Understanding accepting the grant for the assistance in planning. According to the numbers they gave us, the value would be probably between $40,000 and $60,000. We would not have to pay for that. We also recommend going with the survey at a cost not to exceed $18,000. I saw Mayor Gordon from Beachwood at the Hillcrest Council of Council meeting on Saturday morning and he could not say enough good things about the professional assistance Beachwood got in doing their new Master Plan. He was also very enthusiastic about the survey they did and the guidance it gave them. We recommending going with them.
Ms. Wolgamuth stated, the Village did receive a grant for $50,000 for the bandshell from Cuyahoga County. We do not have the Agreement yet, but we will need legislation to approve the Agreement and to accept the grant. If I receive that before the next meeting, I would like to have it approved at the next meeting.
Council President Saponaro stated, one comment on the survey is that I think we need to make our residents know what it looks like so when they receive it it does not look like spam or junk mail to be tossed away. It sound great but we need to give them forewarning like look for this envelope because we need you to fill it out.
Mayor Bodnar stated, maybe Jeff can note that on our website, that this is going to come. Don’t throw it out.
Council President Saponaro stated, I can’t imagine they don’t have a sample of what it is going to look like.
Mayor Bodnar stated, it’s in a big envelope.
Council President Saponaro stated, thank you so much.
- Bid results – 2017 Water Main Replacement Project
DiGioia-Suburban Excavating, LLC ($1,540,829.50)
Mr. Cappello reported, we opened the bids for the Water Main Replacement Project. This is the watermain replacement on Joyce, Hemingway, Robin Circle, Worton Park, south of Hemingway, Norman, North Woodlane, South Woodlane and Woodlane. The low bidder was DiGioia-Suburban Excavating at $1,540,829.50. There were six bidders. The first three bidders were within $51,000 of each other. I was happy with the bids.
Council President Saponaro stated, very good. Any other comments on this?
Mr. Wynne stated, our budget for this project is $1,700,000, so we are in good shape with it.
Council President Saponaro stated, excellent. Thank you.
- Former Recreation Director’s vehicle - 2006 Ford Taurus
(1FAFP53276A253602 126,384 Miles)
Mr. Wynne stated, no one wants this. Based upon the condition it is in, it is valued at less than $1,000. We will be declaring it surplus and make arrangements to dispose of it either through donation or training or some other manner. It has no sales value.
- Legislation authorizing sale of 2003 Crown Victoria to Willowick Auto Wholesale
(2FAFP71W13X181719 - 69,671 Miles)
Mr. Wynne stated, we previously received a bid for approximately $1,400 which Council approved pending my further review of the market value of the vehicle compared to the bid. The bid was low. The market value was more in line of around $2,000. Through Al Meyers, we were put in touch with Willowick Auto Wholesale who is interested in the vehicle and offered to purchase it for $2,000. We will be passing legislation rejecting the old bid we received that Council has already approved and accepting the new bid from Willowick Auto Wholesale.
- DS-75i Folder Inserter (Neopost)
Mr. Wynne stated, this is the same company we have our postage machine through. The current folder inserter we have is used quite a lot by Administration and Parks and Recreation as well as Senior Services for many mailings we do throughout the year. We purchased it in 2002 for around $12,000. It’s pretty much worn out now. No one will maintain it. There are no parts available for it any longer. We went out and looked at this one. It is on State contract. It would cost $11,576. It’s more cost effective for us to purchase it than lease it over a 5 year period. The recommendation would be to purchase it.
Mr. Jerome asked, what can we do with the old one? Nothing?
Mr. Wynne replied, there’s no trade value. Maybe we can throw it on govdeals.com or e-Bay or something.
Mr. Jerome stated, donate it to someone who can use it.
Mr. Wynne stated, we will do something like that. The vendor had no interest in taking it.
Council President Saponaro stated, two items I inadvertently forgot in my report is, number 1, we have Mr. Patrick Mann from St. Ignatius government class here. Welcome, Mr. Mann. The other is, in February of this year, the Ohio Joint Study Committee on drug use prevention education which was sponsored through Ohio Attorney General Mike DeWine’s office, Senate President Larry Obhof and House Speaker Cliff Rosenberger came out. It’s an excellent study report. It gives some chilling information. It also gives 15 points that can be utilized by communities and educators to help educate everyone on our drug use prevention and the epidemic that is going on. It’s an excellent resource. Again, I mentioned before, I did write my Voice of the Village article regarding this. I outlined the 15 points in there, snippets of it, but this report is excellent. I wanted to make sure we mention that as well.
Also, there was legislation adopted by the State General Federation of Women’s Club which Mrs. Mills is a part of to address the opioid epidemic which again, we have organizations, not just governmental but other organizations that are making formal adoptions of resolutions because this is something that is not going away unless we deal with it. Thank you for bringing that to my attention.
PARKS & RECREATION:
- Equipment Rental and Sound Technicians for The Grove and other Special Events - 2017 (Showtime Sound Company – not to exceed $9950.00).
Mr. McAvinew stated, we requested proposals for equipment rental and sound technician for The Grove and special events for 2017. The request was submitted to four different companies. Three companies submitted proposals. A.W. Sound at $8,400; Showtime Sound at $9,950; Birck Brothers Sound at $20,931. After looking at A.W.’s proposal, I felt it did not have the experience at this point in time to provide the sound needed for the show. I recommend that we go with Showtime at $9,950. They are past providers.
Council President Saponaro asked, any questions on this?
There were none.
- Rubbish and Recycle Service Legislation (5-year contract with Kimble)
Mr. Metzung stated, this is on Special Meeting agenda for this evening.
- Purchase of Ex-mark Lazer 60” riding mower and attachments (Marshall Power Equipment - $12,674.00). (State purchasing)
- Declaring a 2004 60” riding mower as surplus and using it as a trade-in for $1,000. (currently the 2004 mower is in need of $2,381.85 worth of repairs.)
Mr. Metzung stated, the old one has hydraulic issues. It will cost us $2,300 to replace. I am looking to purchase a new one through State Purchasing. It is in the budget this year. I am asking that the old mower be declared surplus and used as a trade-in for $1,000 towards the new machine.
- Authorization to seek bids for the purchase of a new/certified remanufactured sidewalk plow replacing 1997 sidewalk plow. (Budgeted amount - $75,000).
Mr. Metzung stated, this replaces a 1997 sidewalk plow.
ANY OTHER MATTER BEFORE COUNCIL
Council President Saponaro asked, any further matters to come before Council that need to be addressed?
Mr. Marquardt stated, I would like to go back to the first item on the agenda. At the last Council meeting, we had some people who spoke up about this. One of them wanted it for medical use. Has that been put into the Ordinance now?
Council President Saponaro stated, it is a moratorium on medical marijuana, not just on marijuana, it’s on medical marijuana, that’s the only thing out there right now.
Mr. Marquardt stated, he was asking for something that would allow that for people to use it for medical purposes.
Council President Saponaro stated, that’s all this is. It does not stop people in the Village that need to use it, it just stops the dispensaries, the growing, the cultivation within Mayfield Village.
Mr. Marquardt stated, he would have to go someplace else for it.
Council President Saponaro stated, they can go to Eastlake, Richmond Heights, other places.
Mr. Marquardt stated, he wants something more convenient.
Mayor Bodnar stated, we don’t even necessarily have a say over that. When I was in Columbus last Tuesday, the gentleman in charge of this whole process for the State talked to us. There are a number of licenses in the State. It’s up to the State to spread them out so they are not all in one corner of the State so they are located so people can get them. Richmond Heights wants it. Euclid wants it. South Euclid wants it. Eastlake and some other communities in Lake County are anxious to be able to do this. It will be a moneymaker for them. I too want to see it so that medical marijuana is available to people who need it without them having to go too far. Really, that is going to be in the hands of the State. They are going to have to make sure they are distributed according to the population that needs it.
Mr. Marquardt asked, what is the purpose of this moratorium then?
Mayor Bodnar replied, each individual community can decide that it does not want to have a place that grows marijuana or a place that dispenses it. The State has made provision for that. Now if everybody decided to do that, that would definitely be a problem. It is not shaking out that way. Several local communities near us do want to have that capability so we think that’s enough of an opportunity. At least I am okay with that.
Mr. Marquardt asked, so the State is ruling on this, but we don’t want it?
Mayor Bodnar replied, the State has permitted municipalities to determine that they do not want it. The other municipalities that do want it will be filing applications with the State of Ohio.
Mrs. Mills stated, according to the Cleveland Plain Dealer, there are 24 permits that will be given out. That’s in the whole State of Ohio. You can see what’s going to happen.
Mr. Marquardt asked, then what do we need a moratorium for?
Mayor Bodnar stated, it is different for growing and for dispensing. I think it’s more for dispensing than 24.
Mr. Marquardt stated, I guess I don’t understand the whole logic of this thing.
Mayor Bodnar stated, it says basically we are allowed to opt out.
Council President Saponaro stated, and based on what the Police Chief talked to us about and what we had the discussion on at the Council meeting regarding medical marijuana dispensaries, cultivation, growing, things of that nature, that’s how this came about. It continues.
Mr. Diemert stated, maybe just to summarize it again for Bill’s sake, when the State passed this law authorizing the cultivation and retail dispensing of medical marijuana only in the State of Ohio, they put a clause in there that said every municipality or political subdivision had the option to prohibit it and not allow it. If you don’t prohibit it, then it will be permitted in any retain establishment in the Village of Mayfield. If you don’t regulate it, it would still fit under our retail sales and it would be permitted without regulation. The option was to either regulate the sale of medical marijuana and license it and tax it and the other was to prohibit it. This legislation proposes to prohibit it as authorized by the Ohio Revised Code.
One other thing, Mr. President, it used to be a holiday that people recognized, May 1st is Law Day. I would like to wish everyone a Happy Law Day and kind of think for a moment the importance of what law is to our civilized society which nobody seems to care about all the time. I just wanted to recognize that.
Mayor Bodnar stated, thank you.
Council President Saponaro stated, thank you. Is there any other matter before Council?
Chief Carcioppolo stated, I just wanted to tell everyone I had my son’s First Communion at the Community Room yesterday. It was really a nice place. Everyone was so happy to be there. I just wanted to commend all of you and thank you all and to Diane and Debbie Thomas for working on the scheduling. It’s busy every day. It was really nice. Thank you.
There being no further matters, the meeting concluded at 8:44 p.m.