Caucus: April 1st 2019

Mayfield Village Civic Hall - Mayfield Village Civic Center
Monday, April 1, 2019 – 7:00 p.m.

The Council of Mayfield Village met in Caucus Session on Monday, April 1, 2019 at Mayfield Village Civic Hall in the Mayfield Village Civic Center.  Council President Saponaro called the meeting to order at 7:00 p.m.

ROLL CALL:          

Present: Mr. Marquardt, Mr. Meyers, Mrs. Mills, Dr. Parker, Mr. Saponaro, Mr. Schutt, and Mr. Williams

Also Present: Mayor Bodnar, Mr. Wynne, Mr. Budzik, Chief Carcioppolo, Mr. Marrelli, Chief Matias, Mr. Cappello, Mr. Marquart, Mr. McAvinew, Mr. Metzung, Ms. Wolgamuth, and Mrs. Betsa

Absent: None



  • 2019-05:  “An emergency Ordinance amending Codified Ordinance Section 153.11 pertaining to Family and Medical Leave.” Introduced by Mayor Bodnar. (First Reading – February 25, 2019; Second Reading – March 18, 2019) (Administration/Finance Departments)

Council President Saponaro stated, this will be on the Council agenda for third reading.  Does anyone have any questions on this?

There were none.

  • 2019-06:  “An Ordinance amending Codified Ordinance Section 337.27 drivers and passengers required to wear seatbelts.” Introduced by Mayor Bodnar. (First Reading – February 25, 2019; Second Reading – March 18, 2019)  (Law Department)

Council President Saponaro stated, this includes passengers in the back seat that do not have seatbelts on.  They also can be stopped by the police.  That was my understanding.  I clarified that with you.  I wanted to make sure this is known for the record.  So anyone in the vehicle.  It’s not just the driver.  It could be any passenger.

Chief Matias confirmed, correct.  And it’s a primary offense.

Council President Saponaro stated, and it’s a primary offense.  So you don’t have to be stopped for something else.

Chief Matias confirmed, correct.

Council President Saponaro asked, are there any questions on this so far?  This is going to go to third reading at the next Council meeting.

  • 2019-07:  “An Ordinance repealing and replacing Codified Ordinance Section 331.43 relating to cell phone use while driving.” Introduced by Mayor Bodnar. (First Reading – February 25, 2019; Second Reading – March 18, 2019) (Law Department)
  • 2019-08:  “An Ordinance repealing Codified Ordinance Section 331.44 electronic wireless communication device while driving prohibited.” Introduced by Mayor Bodnar. (First Reading – February 25, 2019; Second Reading – March 18, 2019)  (Law Department)

Council President Saponaro stated, the above Ordinances will be on the next Council agenda for third reading.  The first one repeals and replaces Section 331.43 regarding cellphone use.  The second one repeals Section 331.44 relative to electronic wireless communication device while driving prohibited.  Are there any comments on these?  Can we clarify some questions?

Mr. Budzik stated, thank you Council President.  The prior ordinance had two different provisions which are being repealed.  We were then changing it and merging it into one.  It was for the younger permit users.  We took that out and we merged it in with the one.  There may have been some questions, I believe, potentially.  There are still exceptions for emergencies.  It is my understanding there may have been a question, can you use Bluetooth which would be valid at that point.

Council President Saponaro stated, so we can use Bluetooth.  You can do hands-free.  What you cannot do is look down at your phone to dial the phone number.  You can’t use your phone to do any of that stuff. You have to do everything through your car’s system.

Mr. Budzik stated, correct, you cannot touch –

Council President Saponaro stated, or pull off to the side of the road.  So, if you are stopped, the car’s running, you are on the side of the road, and you are using your phone, is that a violation?

Chief Matias stated, no, Council President, the language in this explains if you are in the traffic way.

Council President Saponaro stated, okay.

Chief Matias stated, so if you are stopped at a red light or if you are stopped in traffic, that still is a violation.

Council President Saponaro stated, okay.

Chief Matias continued, so if you pull off the roadway to where you are not travelling on the roadway, that’s not a violation.

Council President Saponaro stated, okay.  So don’t stop in the middle of the road to use your cellphone.

Chief Matias stated, and also what we are talking about is the prior ordinance only mentioned texting while driving.  So if you read it, you could even technically be looking at Google maps, you could be actually dialing the phone, you could be doing a lot of activities that are just as bad as texting, but that was allowed.  So this incorporates anything in your hands.  That’s the difference between the two.

Council President Saponaro stated, very good.  Do we have any other questions?

Mr. Meyers stated, there’s one more thing to that.  You are allowed to call the police for any emergency, no matter what.  You are still allowed?

Council President Saponaro stated, yes.  And there are those exceptions to the rules as there are in most every rule.  But there are exceptions that are enumerated in the ordinance.  Thank you, Mr. Meyers, for pointing that out.  Anyone else have any questions regarding this ordinance specifically?

There were none.

  • 2019-09:  “An Ordinance repealing and replacing Codified Ordinance Chapter 1185 relating to signs regulations.” Introduced by Mayor Bodnar. (First Reading – February 25, 2019) (Law Department)

Council President Saponaro stated, this will go on third reading for the April Council meeting.  Does anyone have any questions regarding this?  This is a lengthy ordinance but we have gone through it.  We have redlined it so we know what the changes are.  Anything to add on that?

There were no comments.


  • Resolution No. 2019-24, entitled, “A resolution implementing Sections 3735.65 through 3735.70 of the Ohio Revised Code, establishing and describing the boundaries of the Mayfield Village Community Reinvestment Area in the Village of Mayfield, designating a housing offer to administer the program, and creating a Community Reinvestment Housing Council and a Tax Incentive Review Council.” Introduced by Mayor Bodnar. (Administration).

Council President Saponaro stated, this is something that will be up for discussion now and discussion and vote at our next regular Council meeting.  One of the thoughts I had in the drafting was to, instead of naming any party in the Agreement, to name the position instead. You can get promoted to a different position and then you are not the housing person.  That’s what I was thinking, just to keep it generic.  Keep individual’s names out of there because at some point you may move on to a directorship or do something like that and then you are still named in the ordinance itself.  And you being Mr. Marquart, our Economic Development Manager.  Does anyone have any thoughts or questions regarding this Resolution?  Anything else people were concerned about or wanted to raise here.

There were no comments.

Council President Saponaro stated, all right.  So it looks like we’re in good shape here.  Okay.  So this will be on the agenda for voting at the next Council meeting.


  • Update on Codification Services – 2018 legislation (Walter Drane)

Mrs. Betsa stated, the 2018 legislation was received by Walter Drane and they forwarded a proof of the replacement pages to me. Diane Wolgamuth, Debbie Garbo and I are in the process of reviewing the updates and then we will be meeting to discuss any concerns.  Following that, I will contact Walter Drane and let them know if there are any required revisions to be made and then order the replacement pages.  There should be legislation by the Council meeting to accept the updates.

Mrs. Betsa continued, May’s Caucus which is scheduled for May 6th will be in Reserve Hall.  The Board of Elections will be setting up in this room to prepare for the election of May 7th.    On the May 7th ballot is Issue 8, the proposed zoning amendment changing the zoning classification of 6 permanent parcels on Highland Road.


  • Website Design Refresh/Improvements (WRIS Web Services – not to exceed $6,500)

Ms. Wolgamuth stated, Mr. Thomas provided Council with a memo regarding website updates and the cost for those.  He is here tonight to answer any questions if anyone has any or if anyone wants to make any comments or suggestions about improvements they would like to see on the website.

Council President Saponaro stated, okay.  Does anyone have any questions?

Mr. Meyers asked, will these updates be more user-friendly?

Mr. Thomas replied, yes.  We will be taking off the calendar and announcements, the navigation on the top and the drop down for both mobile and desktop.

Mr. Meyers stated, because there have been comments about people trying to find stuff and you have to punch your way through it.  That’s why I am asking.

Mr. Thomas stated, it’s a fairly large site.  We are almost right around 2,000 pages.  It does get filled.

Council President Saponaro asked, do we always upload our content in pdf format or do we actually put Word or other type?

Mr. Thomas replied, typically what I’ll do is I will pdf the file but then I will embed the Word in there so you can’t search.

Council President Saponaro asked, have you thought about getting something that does OCR where it’s searchable through the pdf.

Mr. Thomas replied, it won’t search pdf’s.  Those are just attachments. They’re not in the site.  So you won’t be able to search.

Council President Saponaro replied, okay.  Because you are going to the server.

Mr. Thomas stated, once you click on a pdf, you would be able to search within that.

Council President Saponaro replied, oh, I see what you are saying.   You are talking about the general search at the top?

Mr. Thomas replied, yes.

Council President Saponaro stated, okay, but once you are in it-

Mr. Thomas stated, you can search whatever content onto the site.

Council President Saponaro asked, are we going to do automatic archiving?  How does that work?  We are talking about going backwards and looking at stuff that’s there.  There’s a lot of content on there.

Mr. Thomas replied, Mary Beth has gotten the Laser fiche service.  We will be adding that link soon and that will have us back to from the beginning of our records.

Council President Saponaro stated, okay.  I am probably jumping to a different topic, but it’s related, are we making sure that every ordinance and document that is on there is not the draft form, but the actual?

Mr. Thomas replied, yes.  Final signed copies with exhibits and any other attachments.

Council President Saponaro stated, perfect. That’s great.  Do we have a historical section of the website?  Like with previous Mayors and members of Council?

Mr. Thomas replied, no.

Council President Saponaro stated, but there is something about that from a historic standpoint.  It’s something to look at.  I don’t think everyone says we need to have this, but I think that from a historical perspective, it’s nice to go back to when an ordinance was created and say, what people were in place at the time this was put in place.  It’s not a bad thing to do.

Mr. Thomas replied, yes.

Council President Saponaro asked, what other comments does anyone else have on the website?

There were none.

Council President Saponaro asked, from an administrative standpoint, what are you looking to gain from this?  I know you are probably one of the biggest users or you get more comments from people than anything else?

Ms. Wolgamuth replied, from my perspective I just thought that the front page, it’s hard to find things and you do have to go to the search window because there’s just too much information to put everything on the home page.  But I think we use up a lot of space with the calendar so I think we could fit a lot more on the home page if we change our calendar format.  That was kind of the main thing that I was looking for.

Council President Saponaro replied, good.  Anyone else?  Any other comments?

There were none.

Council President Saponaro stated, thank you Jeff.  We appreciate you coming.

Ms. Wolgamuth stated, before I get to the memorial benches, I just wanted to mention to everyone that we did put together a Request for Proposals for janitorial services for this building, the Community Room and the police station.  You will get the legal notice in your packets this week.  That’s going out to bid with a scheduled bid opening of April 19th.  We will report on the opening to Council in May.

Council President Saponaro asked, is that different from Camco?

Ms. Wolgamuth replied, yes.  We had discussion about the fact that it has been probably 5 years since we actually requested proposals and we have all been using Camco.  We just want to go through the exercise and see what kind of pricing is out there.

Council President Saponaro stated, okay.  So this is related to them but we are just making sure that we get the best bids and so forth?

Ms. Wolgamuth replied, correct.

Council President Saponaro stated, excellent.

  • Memorial Bench Sponsorship Program

Ms. Wolgamuth stated, I had provided Council with a memo.  We had come up with $400 for a 10 year sponsorship on a bench.  We did talk about it in Citizen’s Advisory.  They suggested a $500 price tag for 10 years to have your memorial on the bench but I know that Council wanted to make some comments.  We are here to listen.

Council President Saponaro stated, I know that there was at least one Council person.  I don’t know if anyone else wanted to make a comment.  The floor is open.

Dr. Parker asked, what’s the purpose behind 10 years?  When someone puts something memorial out, it’s usually perpetual in general.  It seems like it’s kind of, it’s not like we need the money per se.  I think if someone’s going to subsidize or pay for a bench, a plaque or something with someone’s name on it, I don’t think it should be in 10 years it’s gone and someone else pay for the same bench.  I think it should be something in perpetuity or let’s say the bench is gone in 20 years because it just wears out.  I would hope there is a 20 year lifespan on these benches.  That might be something different, but I just feel like it’s kind of doing it in a way that’s not really classy or not done well.  I wouldn’t want to pay $500 or $400 for something that in 10 years is no longer there and then have someone come back to me and say, well, if you want it again, you can pay again.  I think we should just decide what the fee is for a memorial bench in perpetuity.  There are other places that where we will come up with more benches and I think that would be an appropriate way to do it so when someone does it they know it’s there.  If a family member comes back in 30 years and it’s still there, they see it there.  That’s how I feel about that.

Council President Saponaro stated, so the question that had come up and someone asked me is they remarked about the markers that we have on the Greenway.  Is that a different program?

Ms. Wolgamuth replied, those markers were only for the businesses along Beta Drive that gave us the property.  Those were a thank you to them.

Council President Saponaro asked, so there was no, hey, if want to do a donation?

Ms. Wolgamuth replied, no.

Council President Saponaro stated, okay, I am glad we are putting this in writing.  That’s important because that’s what people were thinking.  It was like, oh, all these people got to.  Honestly, I never thought of that.  I am glad you are saying it.  So, to be clear, along the Greenway Trail, any markers that are marking a business are doing so as a thank you because those folks gave us property in order to fulfill our desire to have a Greenway Trail.  Period.  There was no donation.  There wasn’t anything like that.  It was our thank you.

Ms. Wolgamuth replied, yes.

Council President Saponaro stated, okay.  So, Dr. Parker talked about the 10 years and so forth.  What other thoughts do we have?  Patsy, do you have any thoughts on this one?

Mrs. Mills replied, when we started with the Historical House and then we got the lawn in and started to do landscaping, we decided to do memorial gardens and people could buy plants and after about 5 years the plants sort of went by the wayside.  It’s hard to keep up with stuff like that, the maintenance of it.   Of course, I am talking about horticulture.  Now that’s a different story.  But you would be surprised how people watch what they buy.  Especially when they donate to something like you asking.  We haven’t been able to really replace some of the things that have died and some of the things have outgrown themselves and they need to be cut down.  It’s a problem.

Mr. Meyers asked, how many people have inquired about this?

Ms. Wolgamuth replied, 2.

Mr. Meyers asked, so it wouldn’t be like a landslide of 50 benches and 50 people?

Ms. Wolgamuth replied, I don’t think so.  I really don’t know.  If we advertise it, if we put it on the website or the Voice of the Village, we may have more.  It was just 2 that asked.

Mr. Meyers stated, and I believe it’s the people who are dedicated to the Village that really want to do it.  I don’t believe it’s going to be every single person.

Mrs. Mills asked, what about our tree program?  How did that work for the Grove?  How many trees did we actually sell?

Ms. Wolgamuth replied, we ended up selling I think 12.  Their names are at the Grove, so if we do the dedication plaque that we have been talking about at the Grove; we had talked about doing a tree with the leaves.  They would be the first 12 leaves, those people who purchased trees for their dedication of the Grove.

Council President Saponaro asked, so in that case, that’s going to stay forever as long as that sign’s up?

Ms. Wolgamuth replied, those will be forever.

Council President Saponaro stated, so there’s something that we do at the law school.  It’s called a life membership.  You pay every year but if you say, I want to be a life member because I don’t want to pay for 30-40 years, you pay a certain amount and you can spread it out over a period of time.  Then you are a life member. You get these benefits.  But basically you get your name on a plaque and you are called a life member.  It’s a nice thing to do.  We would do something like that as well.   People would pay more because with benches, to have your name on them it does make a difference.  You could spread out payments for people if you wanted to.  I don’t think it’s required, but I think there’s something nice about that.  It could be more money because you don’t want 40 people wanting benches or 100 people wanting benches, so I would think that maybe there’s a different way of doing that where for however long the bench is there, it’s there until it crumbles.  But all sponsorship turns over.  It truly does.  There’s hardly ever any place where the sponsorship was once this and now it’s called something else because after a certain period of time it just does.

Mayor Bodnar asked, Diane, I can’t remember, was the life span of those benches 200 years?

Ms. Wolgamuth replied, they said 400 years.

Mayor Bodnar stated, 200 to 400, so that’s a long time.

Ms. Wolgamuth stated, those benches will last a long long time.

Mayor Bodnar stated, so one of our concerns is who is going to keep track of this stuff after 10 years?  It wasn’t intended to be a fundraiser.  It was just intended to help our residents who wanted to use it as a memorial for our loved ones.  Actually one of them was at the CAC meeting and she seemed good with the 10 years for $500.  The thought was, nobody wants to keep track of all of these records all the way down the line and also how many times is someone going to come back and visit that bench?  That’s why went with the 10 years.  Actually, it was a little different that Citizen’s Advisory who said 10 years, $500 was their package.

Dr. Parker stated, I am not sure what there is to keep track of.  My feeling is, everyone who’s been to the Metroparks, they have benches there with plaques on them.  When I walk around, I see some plaques that are pretty old.  But you know what, I read that person’s name and somehow that person’s name can be remembered and I guess the person who intended that as a lifetime or whatever remembrance for that bench, it’s happening.  So, I just feel like when someone has a memorial, they kind of want to know, I mean, I’ve gone back to things with family members and you can go back and see something that was 30 years ago.  There’s your family member or someone else and they say, oh, there’s so and so.  I feel like after 10 years you take it away?  I guess they could pay for it again, but it just seems silly.

Ms. Wolgamuth stated, Dr. Parker, we did look at the Metroparks’ program. Their program is 20 years.  I think we thought after 20 years, most people wouldn’t know who that person was anymore.  Say we sell 25 of them and I keep track of them.  When I leave the Village, I will hand that over to my successor because our theory was then after the period of time, we would contact the family and say, do you want to take this plaque home as a keepsake or do you want to renew it for another 10 years?  That’s the keeping track part.  Finding family members as 20 or 30 years go by, sometimes it can be difficult to track people down.

Dr. Parker stated, I think we are making it more complicated than it has to be but it doesn’t matter. You know how I feel about it.   Whatever people want.

Council President Saponaro asked, does anyone else have any comments on this?

There were none.

Council President Saponaro stated, thank you very much.


  • Legislation amending Codified Ordinance Chapter 1335 and adopting the International Property Maintenance Code, 2018 Edition (Ordinance No. 2019-10)

Mr. Marrelli stated, the latest edition of the International Property Code came out last month.  We need the amendments to keep our prosecutorial issues in check with Chapter 13.  This maintenance code has its own prosecution paragraphs that we pulled out. We used the ones that are local to the Village.  After three reads we can put this into effect.

Council President Saponaro stated, very good.  Any questions on this?

There were none.


  • 2018 Review of Economic Development Incentive Agreements
    • MCIC Meeting – April 15, 2019

Mr. Marquart stated, in your packets is a summary of the outstanding economic development incentive packages for the year. If you would like, I can run through those individually.  There is one very minor change from what you already saw in your packets.  That is for Mars Electric.  We indicated an estimated incentive for the calendar year that just ended.  That was based on the fact that RITA had not reported the 12 months.  They now have it.  So the grant will drop from $44,801 to $44,772.  Everything else remains as written.  I can answer any questions.

Council President Saponaro stated, okay, so that’s on the second page.  The 3/1/18-2/28/19?  Is that the one we are looking at?

Mr. Marquart replied, that’s correct.

Council President Saponaro stated, okay.  So the revenue was $419,337 and this is $44,772.  It’s no longer estimated?

Mr. Marquart replied, that’s correct.

Council President Saponaro stated, all right.  So we are going to need to have an MCIC meeting.  Has one been scheduled already?

Mrs. Betsa replied, April 15th prior to the Council meeting.

Council President Saponaro stated, so on April 15th we will have that meeting right before Council.  It’s the Mayfield Community Improvement Corporation.  We will review these, their performances and make sure they fall in line.   Thank you.  What else do you have for us, anything?

Mr. Marquart replied, that’s all I have at this moment.

Council President Saponaro asked, all right, any questions on this?

There were none.


  • Village’s employee policies:
    • Adopting a vehicle policy (Resolution 2019-26)
    • Amending the cellular telephone policy (Resolution 2019-27)
    • Adopting an IT resources policy (Resolution No. 2019-28)

Mr. Wynne reported, we will be introducing legislation for either the adoption or amendment of several employee policies.  All of these policies have been in place but have never really been officially adopted and approved by Council.  The first one is the adoption of a vehicle policy.  We have been following a policy.  This just memorializes it to identify who is eligible for a vehicle, how we calculate the personal usage of that vehicle for IRS tax purposes, etc.

With regard to amending the cellphone policy, we have an existing policy that was put in place back in 2009.  It’s changed as technology has changed and people’s responsibilities have changed so this policy is just going to identify which positions within the Village are eligible for a cellphone and how that will be calculated.

The final item is the adoption of an IT resources policy.  We currently have a social media policy and a tablet and e-mail policy.  Those will be eliminated and it is all going to be combined into the one IT resources policy.

Council President Saponaro asked, does anyone have any questions on these employment policies?

Mr. Meyers asked, with regard to the cellphone use, any employees in the Village, do they have to follow the same new law; they are not allowed to talk on the cellphone while driving?

Mr. Wynne replied, this policy does not talk about that.  This is who is eligible for a cellphone paid for by the Village as part of their job. 

Council President Saponaro stated, there was an update provided at the Local Government Officials’ Conference regarding what the definition of a disability would be because I guess there’s a lot of different types of discrimination and they were pretty forthright about making sure our policies were updated to include various types of discrimination, pregnancy and otherwise.  I will get that and I will provide it to you and then you can look at it and make sure that comports with what we already have.  Are there any other questions on the Village’s employee policies?

There were none.

  • 2018 Audit Fee (James G. Zupka, CPA, Inc. - $12,420 – year 4 of 4 year contract)

Mr. Wynne reported, Council approved a four year agreement through the State Auditor’s office for having James Zupka, CPA firm do our audit.  2018 was the last year of the four year contract.  The fee for that is $12,420.  The audit is complete.  I received a draft copy of the statements today which you will also receive a copy once I get the final blessing to it.  It is undetermined at this point whether the State Auditor’s office will allow us to continue with Zupka or if they will want us to go out to bid again or we will actually be pulled back into their rotation and it will be done by the State.

Council President Saponaro asked, any questions on this?

There were none.

  • Copier for Civic Center (Lake Business Products - $12,734)

Mr. Wynne stated, our high volume copy machine we purchased in January of 2012, so it’s over 7 years old, it’s really not being serviced anymore.  Parts are hard to get for it.  We put in the budget for this year replacement of that copier.  We looked at another Canon through Lake Business Products.  It’s $12,734.  That is State contract pricing.

Council President Saponaro stated, okay.  Any questions on this?

There were none.

  • 2.3-Mill Renewal Levy

Mr. Wynne stated, I provided Council in their packets a copy of a Fact Sheet which was pretty much the Fact Sheet we passed out in 2014.  I just updated it a little bit.  This levy was put in place in 1975. It’s a 5-year levy.  Every 5 years if we want to continue the levy we have to put it on the ballot and it has to be approved by the voters.  Just a little background, as far as millage goes, there’s an inside and outside millage.  Inside millage is dictated by the Ohio Constitution and they calculate it and that determines how much we get and the schools get, the library, Metroparks and so forth.  Outside millage is anything above what the Constitution approves.  That’s what has to go to the voters for approval.  Then when you do have a levy, you can do either a renewal or a replacement levy.  With a renewal levy, the dollar amounts stay the same every time you put it out so there’s no increase to the businesses or the residents as a result of that levy as their property values go up.  It’s pretty much a fixed dollar levy.  Then there’s a replacement levy.  If you need a replacement levy, then you would put it on the ballot.  The levy would be calculated based upon the current market value of the property, so we would not realize an increase at that point in time.

Council President Saponaro asked, so zero net effect is the renewal.

Mr. Wynne replied, yes zero net effect. There’s no increase to the taxpayers if we were to keep doing it.  This is up for expiration at the end of this year.  It would need to go on the ballot in November if you want to continue that.  It generates $131,000 per year in the General Fund just for operating expenses.  Of that $131,000, $44,000 comes from residents and $87,000 comes from the businesses.

Council President Saponaro stated, okay.  Any questions on this?

There were none.


Chief Carcioppolo stated, I sent a letter explaining the below purchases.

  • Ambulance Purchase (Horton Emergency Vehicles - $261,869.00)

Council President Saponaro asked, who has questions regarding this purchase?

Mr. Meyers asked, is this the only ambulance that offers airbags?

Chief Carcioppolo replied, from the vendors we solicited for a bid, none of the ones that we talked to, but no other manufacturer at this points puts an airbag system in the rear patient compartment other than Horton.  So their testing and research and development seems to be paramount.

Mr. Meyers asked, does it protect the occupant or the firemen?

Chief Carcioppolo replied, both.  It would depend on how the vehicle was involved in an accident.  If the patient became dislodged from the cot, it could help them but typically it’s designed for the seating locations that the crew would be sitting in.

Mr. Meyers stated, because it’s not a lot of money extra for the air bag, that’s why I was asking.

Chief Carcioppolo replied, right.  But none of the other manufacturers have put any time and money into it.  So based on their responses to that question as to why they don’t have it, I kind of made a case for going with Horton.  Do you have a question, Dr. Parker?

Dr. Parker asked, with regard to service on the airbags and such, how often do they have to be serviced?  What are the expenses associated with them?

Mr. Meyers replied, they never get serviced unless they deploy.  It’s pretty much whatever the truck’s lifespan is.  But there’s no service unless there’s a recall.

Council President Saponaro asked, and if they were to get deployed then they would get replaced?

Mr. Meyers replied, yes.

Council President Saponaro asked, at our cost?

Mr. Meyers replied, along with all the sensors, the module, there’s quite a bit to replacing them.

Chief Carcioppolo replied, it would be a pretty expensive project to fix everything if they went off, I think.

Council President Saponaro stated, okay.  Who else has questions?

There were none.

  • Firefighter Detox Sauna (Decon System - $11,995.00)

Chief Carcioppolo stated, as I wrote in the letter, the presumptive cancer law went into effect in 2017.  It’s all based on analytical data and research, scientific research, over the exposures that we experience when we go to a call.

So, I printed our exposure logs because when we go to a fire when we complete our incident reports, there is a module in our reports that we document exposures to not injuries but just an exposure.  It shows up as a report for an exposure only.  That data is all tabulated and it goes to the State and then it goes to the National Incident database.  So everyone that’s on an incident is document every time they are exposed to these things.  So when someone does come down with a field approved cancer, it comes back to us and we have to verify when they were exposed by date and incident.  If it is an approved cancer that is occupationally related, it’s automatically deemed Workers’ Compensation and the employee is covered in that regard.  This is the last step I would say that we have in being at the pinnacle of preventing workplace exposures.

I can tell you from experience in the past and I’m not going to lie.  It was a little bit of a symbol of your status when you would have dirty gear and you would go home and shower and for the next three days you would smell fire every time you showered in your house.  To be honest, it kind of smells good.  But, now we know that it’s really bad for you.  So we are trying to do everything in our power to eliminate those exposures in the workplace and to stop continually exposing ourselves.  That’s why we received a BWC grant last year to replace our gear washers.  We now have barrier hoods so all of our turnout gear is slowly starting to change to evolve to try to combat the chemical exposure.  But currently the only article of clothing that we have that has chemical protective properties in it is our hoods which we received off of the grant last year.  The actual turnout gear that you wear needs the ability to breathe and it doesn’t have the ability to keep the chemicals from contacting your skin.  So basically this system is only one of them one there because it’s the only one that I’ve seen at the trade shows that comes with the exercise bikes so the goal is that when you get back from a fire you would strip off all your dirty clothes.  They go in the gear washer.  You take a quick shower to get any kind of gross contamination off of you and then you put your clothes on and then you go into this unit for 15 minutes and it’s at 131 degrees with radiant heat energy so it’s not a steam shower where you have rocks and water, it’s infrared heating technology and you ride an exercise bike for 15 minutes and as you are doing that, you sweat out the toxins so what used to take 3 or 4 days to shower out of you, you sweat out in the first 15 minutes when you get back once you exit that sauna apparatus and then you go into the shower again and change into clean clothing.

Council President Saponaro asked, how big of a unit is this?

Chief Carcioppolo replied, this one is 6 feet deep, 8 feet wide and about 6-7 feet tall, 68 inches tall I believe.

Mr. Meyers asked, what’s the frequency of exposure?

Chief Carcioppolo replied, in 2017, from 11 incidents that our guys responded to, there were 42 exposures.  In 2018 we had 12 incidents we responded to with 47 exposures.

Mr. Meyers stated, so that’s frequent.

Chief Carcioppolo stated, it’s because of our response district and mutual aid and helping.  There’s really no way to avoid.  I can tell you that it is something that in the past we do have one firefighter from the past that is receiving cancer benefits now.

Council President Saponaro asked, because it’s a recognized cancer from the field?

Chief Carcioppolo replied, right.  It was over years past but because the law went into effect, and he developed it after the law, he is receiving it.  This is just a step to take to try to help avoid that.

Council President Saponaro asked, where will this be in the firehouse?

Chief Carcioppolo replied, it’s going to be off an apparatus bay in our decontamination room.  We have an emergency decontamination room in case you were to get a faceful of battery acid or something and you have to have an emergency shower.  That’s also where our turnout gear washer and dryer is.  So it kind of lends itself to being in that area.  They get back.  They don’t bring any contaminants into the actual living space of the building.  It all stays out in the warm area.  It’s kind of dirty out there.  The cold area will be the sleeping quarters and the living quarters.  We try to keep everything as clean as we can.

Council President Saponaro asked, 4 go out on a call.  How many are on a shift at a time?  4?

Chief Carcioppolo replied, 4 or 5.

Council President Saponaro stated, so there may be that one person.

Chief Carcioppolo replied, there may be 5 people exposed.

Council President Saponaro stated, right.  And then they have to wait their turn.

Chief Carcioppolo replied, right.

Council President Saponaro stated, okay.  And there’s nothing to indicate that the longer you are exposed –

Chief Carcioppolo replied, it’s better to get it as soon as you can, but we are typically, if we have 5, one person typically is going to be in charge and not necessarily involved in an interior operation.

Council President Saponaro stated, sure.  Okay.  Who has questions on this?

Mrs. Mills asked, is there any way to check to make sure the contamination is off after they shower?  They don’t have a wand?  They have wands for everything else.

Chief Carcioppolo replied, no.  I guess if you were exposed to radioactive material, we have a wand to check if you are radioactive.  But when there’s thousands of different chemical compounds that are synthesizing in a fire between all of the different materials in the fire.  They are all just different forms of hazardous materials.  There would be no way to really check an individual.

Dr. Parker stated, I understand there’s a time component meaning how long the firefighters have been exposed to this contaminant and of course until they get detoxed.  I understand they are in a room where they are sweaty basically.  They are kind of sweating this out, correct?

Chief Carcioppolo replied, yes.

Dr. Parker asked, so there is documented evidence that if they sweat they are going to remove these contaminants as opposed to let’s say these chemicals bind to their cells or whatever.  Where is the scientific evidence that sweating is going to remove these chemicals that may be bound to their cells?

Chief Carcioppolo replied, I did a Thatcher Report with a sweat study included in it that shows the different heavy metals that are sweated out.

Dr. Parker asked, you don’t know what they have really been contaminated with, correct?

Chief Carcioppolo replied, that’s correct.  There’s no way to determine that in a typical structure fire because if you consider what you have in your house, everyone has a full gamut of different materials that are natural and synthetic.  When you are starting to mix all of the different synthetic materials with the man made materials, natural materials together and you burn in a fire, that chemical process of combining them and oxidizing them, the sky is the limit as far as what you are exposed to.  But I can tell you with confidence that there’s cumulative effects of being exposed to all those things and some of the things you can’t sweat out so everytime you are exposed to it, it’s a cumulative effect and when you hit a certain threshold, it could cause you to have a heart attack.

Dr. Parker stated, I have no problem with it.  It’s a fairly inexpensive thing for us.  But my other question is, they are in the sauna, is it difficult to breathe?

Chief Carcioppolo replied, this sauna is not a typical sauna that’s steam based.  It’s based off of infrared.

Dr. Parker asked, how hard is it to breathe in there?

Chief Carcioppolo replied, it’s a totally different experience.  There is a window you can open. Based on how you breathe, if you want fresher air to come in, you can open a window more fully because the actual infrared doesn’t heat the air, it heats the objects in the room.

Dr. Parker stated, I guess where I was going with this was the health of the individual in terms of their physical health, their ability to handle riding a bike in an excessively heated area if they are not in good shape and after fighting a fire and doing all this work.

Chief Carcioppolo stated, that’s a valid point.  It’s good you brought it up because it comes with standard operating procedure for its use to make sure people are not going to overexert themselves.

Council President Saponaro asked, this is something we will make available to everyone, this report?  It’s called Sweat it Out.  I have to say it’s extremely interesting.  Hopefully everyone will read it because it really is informative and tells you exactly what needs to be done.  It’s a great article.  Thank you for all the questions.  Is there anyone else?

Mrs. Mills asked, can they track where these cancers appear?  Is it a lung thing or what?

Chief Carcioppolo replied, actually the most common place for it to enter is the face and the neck area. Second to that is the groin area.  Basically the easiest route is the places you sweat the most.  We have the thinnest amount of clothing over our head and neck because all there is is a thin piece of material so that place has the most exposure and that’s why the hoods that we received last year, that was the first move in the gear towards a chemical barrier type article of clothing.

Mrs. Mills asked, you would think that the cancer would occur in your lung?

Chief Carcioppolo replied, everyone’s always breathing with a self-contained breathing apparatus so we are keeping the air clean that everyone’s breathing.  In fact, even after the fire is out when people are overhauling at a fire when they are cleaning it out to make sure there’s nothing smoldering, they still keep their mask on and breathe the air because there’s still byproducts of combustion off gassing from the things that were heated.  So typically it starts in the groin or the neck and head area and then it metastasizes to other places.

Council President Saponaro stated, thank you for all of your information.  Anyone else?

There were no further comments.

Council President Saponaro asked, are you looking to have this approved at our next Council meeting?  What’s your timing on this?

Chief Carcioppolo replied, yes.  If you are inclined to do that.

Council President Saponaro asked, what’s the lead time on it?

Chief Carcioppolo replied, they have to build it.  I think it takes 6-8 weeks.  We already have a power hook up in the room and all we have to do is just extend it over to the location.

Council President Saponaro stated, okay.  Very good.  We will move that to the agenda for voting at the next meeting.

Chief Carcioppolo replied, thank you.

Council President Saponaro stated, thank you very much.  That was very informative.

Chief Carcioppolo asked, any questions on the ambulance?  Are you guys going to be looking at voting on that as well?

Council President Saponaro stated, we will move them both to Council.

Chief Carcioppolo stated, because that’s going to take 6-8 months to build.

Council President Saponaro stated, sure.  Both items.


Mr. Budzik stated the Clerks of Council Association and the Law Director’s Association likes to send out reminders and blogs and blurbs about different cases.  I wanted to make a comment on the White v. King case which deals with public meetings.  I will leave a copy of the case with the Clerk to be available for everyone’s review.

The Ohio Supreme Court speaks through its syllabus. In this case, the syllabus of the Court states as follows:  Revised Code 121.22 prohibits any pre-arranged discussion of public business by a majority of the members of a public body regardless of whether the discussion occurs face to face, telephonically, by videoconference, or electronically by e-mail, text, tweet or other form of communication.  The issue in that case was there were a series of e-mails between and among a majority of members of a school board relating to a response to a newspaper editorial which culminated in the publication of the response that the board ratified at a public meeting qualified as a “meeting” for purposes of 121.22 of the Revised Code, the public meetings statute.  Significantly, the Supreme Court said, yes, that the four members of the school board were e-mailing amongst themselves which pertained to a response to an editorial.  The board later ratified that response at a public meeting.  The dissenting board member questioned whether that process of the other board members e-mailing each other, did that constitute a public meeting?  The Supreme Court said yes it did.    It’s important to remind Council that in the event you e-mail, text, tweet, anything else with the other board members and if you do it by a majority, very well that could constitute a pre-arranged meeting without notice and everything else and it could be deemed illegal.  It’s important to watch what you text, tweet and e-mail.

Council President Saponaro stated, thank you.  I know speaking from myself and others, we have very little communication at all by e-mail.  Because of this and really generally, this is why we have Caucus.  We have our discussions here.  There may be information we are trying to obtain and we may ask a question for a department head or something like that, but it’s generally the purpose of having a Caucus.

Mr. Budzik stated, I agree.  The Court did want to make very clear that it’s not face to face communication so that’s an important note.

Council President Saponaro stated, very good.

Dr. Parker asked, how would that impact straw votes?

Council President Saponaro stated, we don’t do straw votes anymore.

Dr. Parker asked, so if we need a piece of equipment or something, we are going to call a special meeting?

Council President Saponaro stated, yes.  This changed right after White v. King came out.  There were no more straw votes based on White v. King.

Mr. Marquardt asked, how many people would have to be in the discussion?  2, 3, 4, how many?

Mr. Budzik stated, at least under the facts of this case, a majority.

Mr. Marquardt asked, so you can have 3 people talking, no problem?  I’m just asking.

Mr. Budzik replied, good question.  Most of these cases are always fact-dependent.  Obviously under the public meeting laws, you act as a majority.  Here they had 4 out of 5.  If it’s a majority of the number of Council, whatever that majority would be could clearly be an illegal meeting. If you are right on the cusp, it may not because you don’t have enough.

Mr. Marquardt stated, I think we have a rule about that in our Charter.  You can’t have more than 2 or 3 talking.  I’m not sure what it is now.

Council President Saponaro stated, I always thought it was 2.  I think we are all pretty good about it.  After a meeting and if there are 2 and a 3rd one comes up, I walk away.

Mr. Budzik stated, with the e-mails, a half hour later, 10 minutes later, it’s always fact-dependent.

Council President Saponaro stated, and e-mails and other communications can be an ongoing discussion.  I think that’s the important thing to note.

Mr. Budzik stated, this is all aside from what’s contained in the e-mail?  What’s public?  What’s private?  That could turn it into a public issue as well, using your private e-mails.

Council President Saponaro stated, thank you.  Any other questions on this?

Mr. Williams asked, could you clarify the privacy part, the private e-mail component?

Mr. Budzik replied, certainly.  Under the public records law, in essence the office documents the function of the office or a duty or operation or function of that office.  So when you are talking about public business via e-mails or in this case via e-mail, whether or not it’s coming from, if you are given a specific e-mail account at the office or a private e-mail, you are talking about public business.  Clearly courts have seemed to have denominated that as being potentially a public record because if you are talking about spending certain things, like saunas within the Fire Department, that would clearly be a public issue.  Whether or not you use your personal e-mail to send to another member of Council or a member of the public, that could very well be denominated as a public record because you are documenting some type of public business as to a thought process or a function of, in this case, Council deliberations, thought processes for a potential vote.  The bottom line is you have to be careful with e-mails.

Mr. Williams stated, thank you.

Council President Saponaro stated, go ahead, Mrs. Betsa.

Mrs. Betsa stated, Jim, I just received notification that a settlement has been reached in White v. King.  Included in the terms is the payment of $90,000 in attorney fees and an additional $1,000 because one of the members deleted the text.

Mr. Budzik stated, once you delete a public record, it’s $1,000 charge.  They changed that law from the Kish v. Akron case years ago where the City of Akron got clipped for $1.2 million. The court put a limit on the number of violations.  The prevailing attorneys can collect attorney’s fees on these cases, so it can be very expensive for public entities in defending public records and public meetings cases.

Council President Saponaro stated, and that’s why as part of our policy, for example if you do have a tablet, if Council has one, that’s for Council business.  All of our e-mails should be so we don’t have any of those issues.  If not, that needs to be changed.  These are supposed to be per our policies so we can avoid any of these types of issues.  Anything else?

There were no further comments.


Council President Saponaro stated, Mr. McAvinew, you have a birthday coming up.  Happy early Birthday.

Mr. McAvinew stated, before we start on the agenda items, I wanted Council to know that we received notice from the grant Danielle Echt submitted to Land and Water Conservation that we will receive funds in the amount of $227,000 for the Parkview Playground Project.  That brings the total up for the Parkview Playground Renovation Project of grant funding from the State of Ohio to $377,000.

Council President Saponaro stated, congratulations.

Mr. McAvinew stated, if you get a chance to congratulate her, she did a great job in putting everything together.  Drop her an e-mail and say, congratulations.  She put a lot of work into it.  I am very proud of her for all the work she has put in to it.

  • Repair of Parkview Slide Tower (Cianci Construction - $24,372.00)

Mr. McAvinew reported, this is not the bolts.  The structure also needs to be sanded down and repainted.  It is just one of the maintenance items that occurs every so many years.  At this point, I have received two quotes.  I have been looking for months for additional quotes.  At this time if I get a better quote, I will make adjustments as needed.  It needs to be done in May so I am kind of running on a timeline situation here.  Does anyone have any questions?

Council President Saponaro asked, you want this to be voted on?

Mr. McAvinew replied, at the April 15th meeting.

Council President Saponaro stated, right.  So if in the unlikely event unfortunately you don’t get a third bid at that time then you are looking for Cianci to be awarded the bid.

Mr. McAvinew stated, Mr. Marrelli has given me three different companies.  I did correspond with them. Platten declined after initially saying it wanted to.

Mr. Meyers asked, when they refinished the slide a couple years ago, wasn’t that done?

Mr. McAvinew replied, no.  The actual slide itself was refinished.  This is the slide tower.  The metal structure on it.  The slide portion was an exterior side that will need to be kept up every couple years.

Council President Saponaro asked, any other questions?

There were none.

  • Chemicals for Parkview Pool – 2019 (Sal Chemical - $14,500)

Mr. McAvinew stated, the consortium went out and got prices again.  Once again it is Sal Chemical for 2019.  It came in at the lower price of $13,849.75.  I requested up to $14,500. Their price very well might be coming down.  I have been negotiating with them to bring their costs per gallon down for chlorine.  Hopefully I will get that a little bit lower. I also feel that this year will probably be the last year we will be participating in the consortium.  I don’t believe our best pricing is coming from here.  I think we can negotiate better with the companies internally.

Council President Saponaro asked, so are you going to ask for a not to exceed $14,500 or are you going to give us an actual number?

Mr. McAvinew stated, not to exceed $14,500. The base number is $13,849.76.  Last year it was sunny and it cost a little bit more so I factored a little bit more in in case it goes up so we don’t have to come back to Council for a couple hundred dollars.

Council President Saponaro stated, very good.  Any questions?

There were none.

  • Portable toilet units for special events and programs (Reliable Onsite Services - $18,500)

Mr. McAvinew stated, a majority of these were always in the Recreation budget, but they were broken out into Cruise Night and all the different events.  We looked at them all and it made more sense to just wrap it into one purchase order because it’s only one company.  The only increase has to do with the restroom trailer that we have opted to go with at the Grove versus the expense of building restrooms which would be $500,000 plus.  Restroom trailers are around $12,000 a season.

Council President Saponaro asked, so they would bring them at the beginning of the summer, in May and then they would collect them back in October?

Mr. McAvinew stated, we go through the end of October.  We actually have events right now at the softball fields.  We have an excel spreadsheet of when they go out and when they come back.  That’s how I developed the pricing with the company.

Council President Saponaro asked, when they clean them, obviously they have to maintain all of that and then securing them when there’s someone not there so we don’t have anyone going into them.

Mr. McAvinew replied, there are options.  They have small padlocks on them during the week. We would close them up during the week.  A lot of times they don’t get heavy use.  They come in and clean them on Mondays or Tuesdays early in the week because all of our events are towards the end.  They are used by people who are utilizing the trail.

Council President Saponaro asked, any questions?

Mr. Meyers asked, are they going to be port-a-potties or trailers?

Mr. McAvinew replied, a combination.  The Grove is going to be a 10-unit trailer that is actually fully flushable and runs into the waterline.  We will also use port-a-pots at Cruise Night, sports complex, baseball fields, Parkview Pool.  A lot of times we use them during periods of before winterization or after winterization of the restrooms.  At Parkview, we still need something into early November because residents are still using it.  Maintenance-wise, we need to shut that restroom down for winterization.  That’s also when we use those restrooms.

Mr. Meyers asked, at the end?

Mr. McAvinew replied, yes.  At different spots.

Mr. Meyers asked, like the baseball field restrooms and soccer field restrooms?

Mr. McAvinew replied, the baseball field restrooms are not open right now because of the weather situation and the temperature so we will put port-a-pots down there until mid-April and then that way we will be able to overlap that gap.

Mr. Meyers stated, thank you.

Council President Saponaro asked, any other questions?

There were none.


  • Items to be declared surplus:
    • 2004 5 ton Sterling  Acterra 33G  VIN#  2FVACHAK04AM19599
    • 2004 5 ton Sterling  Acterra 33 G VIN# 2FZACHAK74AN03872
    • 2008 Ford F-250 Pick-up               VIN# 1FTNF21508EB34189
    • 2008 Ford F-450 One ton dump   VIN# 1FDXF46YX8EB43517
    • 2000 Ford Ranger XLT                 VIN# 1FTZR15XOYPA91444
    • 1997 M-T Trackless sidewalk snowplow  Serial #1476
    • John Deere Gator    Serial #W006X4006119
    • 20 x 40 tent with side curtains. Purchased used ($4,140 in 2014) for use at the Grove as a green room and has since been replaced by a permanent structure. (plan to donate to Mayfield Heights)

Mr. Metzung stated, the first couple items are 5 ton dump trucks.  Our new trucks are at the Service Department and were put into service over the weekend.  We will be getting rid of the old two.

We have one change on the pick-up trucks from my initial report.  The 2008 Ford Pick-up F250 ending in 34190 will be going to the Police Department. They are putting on a 2000 Ford Ranger XLT that they will be getting rid of in its place.  The two pick-up trucks we are getting rid of, those trucks have already arrived, so those are in.  The 1-ton dump truck that we are getting rid of is going to be replaced with the two trucks were are looking to put on order at the end of my report.  We have our old trackless sidewalk plow that we are getting rid of and an old Gator that is older than I am, I think.

The other item is a 20x40 tent with side curtains that they purchased for use at the Grove years ago. I would like to donate that to Mayfield Heights.  I would like to get it out of the garage because it’s kind of big and bulky and always in the way.

  • Road Salt for 2019-2020 season

Mr. Metzung stated, every year at this time we have to guess as to what we are going to need.  I consulted with a magic 8-ball and came up with 1800 tons for this year.   If we have a couple more snowstorms we are going to have to amend that before the next meeting, but that’s what we are looking at today.

  • Two Ford F-550 dump trucks with upgraded dump body/hoist and LED lighting package.  (Valley Ford Truck Inc. - State of Ohio co-operative purchasing program $ 106,116.00).

Mr. Metzung stated, these are complete 1-ton dump trucks.  Typically I would just order cab and chassis and then send the truck out to a body company.   This time I am going to do it all at once because the body companies we deal with are so backed up that we are going to just get it done all at once.  That’s all through State purchasing.

Council President Saponaro asked, who has questions on any of these items?

Mr. Meyers asked, with the dump trucks, I see they are specked in white.

Mr. Metzung replied, yes, white.

Mr. Meyers stated, we just got two brand new ones last week. They’re blue.

Mr. Metzung replied, correct.  This came up for discussion as I was looking to purchase these trucks.  This is a long-winding story but when we went to order the trucks, the trucks from State bid didn’t come out on to the State contract until the beginning of March.  I contacted the vendor.  We kind of went through some things.  By the time I got to March 15th and I went to verify the order, she said, oh, by the way, this has to be in by April 4th.  We have to have this order.  I went, that ain’t going to work.  So she said, I may have some trucks on site. So we kind of had a discussion and she said she may be able to come up with some white ones.  During the discussion of the white ones, we decided, we kind of like white because our blue trucks are a variety of blue because when you order blue you get whatever blue happens to be out there.  White is white. I have been thinking for years about going to white because of the variety of blues.  White just seems cleaner.

Mr. Meyers stated, they look worse when they rust.  The blues you can’t even tell they are rusted.

Mr. Metzung stated, I will try not to let them rust.  But that’s how we got to the white.  After all that, I learned that the only reason they were holding up these trucks because of their gas tanks.  If you ordered the smaller gas tank which is actually an $800 upgrade, you don’t need to be concerned with a time date.  So we are going with a 26-gallon gas tank which is standard for our truck.

Council President Saponaro asked, versus what, a 43/45?

Mr. Metzung replied, a 40-gallon.

Council President Saponaro asked, what other questions?

There were none.


Council President Saponaro asked, are there any other matters before Council?

There were no further matters.

There being no further matters, the meeting concluded at 8:10 p.m.