Council Minutes - June 17th 2013

MINUTES OF THE REGULAR MEETING OF COUNCIL
Mayfield
Village Civic Hall
Monday, June 17, 2013 - 8:00 p.m.

The Council of Mayfield Village met in Regular Session on Monday, June 17, 2013 at 8:05 p.m. at Mayfield Village Civic Hall.  Council President Buckholtz called the meeting to order.

(Click here for a print friendly/pdf document)

ROLL CALL:

Present: Mr. Buckholtz, Mr. Marquardt, Mrs. Cinco, Mrs. Mills, Mr. Delguyd, and Dr. Parker

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

Absent: Mayor Rinker and Mr. Marrie

The Pledge of Allegiance to the Flag was given.

OPEN PORTION:

3-minute limit imposed by Chair. Those who wish to speak must first state their name and address. 

There were no comments.

CONSIDERATION OF MINUTES:

Regular Council Meeting – May 20, 2013

Mrs. Mills, seconded by Mrs. Cinco, made a motion to approve the minutes as written. 

ROLL CALL: 

AYES:  All        
NAYS:  None                                           

Motion Carried. Minutes Approved.

Special Council Meeting – June 3, 2013

Mrs. Mills, seconded by Mrs. Cinco, made a motion to approve the minutes as written.

ROLL CALL: 

AYES:  All        
NAYS:  None  

COMMENTS FROM MAYOR RINKER

There were no comments.

COMMENTS FROM COUNCIL PRESIDENT BUCKHOLTZ

There were no comments.

DEPARTMENT HEAD REPORTS:                            

SERVICE – Douglas Metzung

There was nothing to report.

BUILDING – John Marrelli

There was nothing to report.

ENGINEERING – Tom Cappello

Mr. Cappello updated everyone on the road program.  The section in the Kenwood neighborhood should hopefully be completed by the end of this week.  The only portion beyond that would be when you go back to rejuvenate it about 30 days later. 

LEGAL DEPARTMENT – Joe Diemert

There was nothing to report.

FIRE – Interim Chief Gino Carcioppolo

Mr. Carcioppolo reported, we just started the mold remediation today. 

FINANCE – Ron Wynne

There was nothing to report.

POLICE – Chief Edelman

There was nothing to report.

PARKS & RECREATION – Bill Thomas

Mr. Thomas reported, the Service Department and all of our contractors did a great job on Parkview Pool.  Unfortunately we have only been open I think about 2 days. We opened up on Thursday of last week. The weather has not been too conducive for swimming.  Today was a pretty good day.

ARCHITECT – Ron Dinardo

There was nothing to report.

PLANNING DEPARTMENT  - Ted  Esborn

Mr. Esborn reported, the East Commons Development Agreement is on Third Read this evening. Diane Calta, Dave Hartt and myself have been working with the East Commons developers to revise that agreement.  All three of us are recommending tonight that it be passed. Sam Canatta from the East Commons Development is here. When that comes up on the agenda if there are any questions, he is here to answer them. 

The second item I have, I unfortunately have to report that we will not be receiving State funds from DOPWIC this year for the Eastgate/Meadowood sewer projects. We were very optimistic with our initial scores and rankings but unfortunately our application hit some of the same pitfalls that applications of ours have in the past. We talked about this a little bit in Finance as far as future applications under this program and alternatives for funding Eastgate and Meadowood sewers. 

ADMINISTRATION – Diane Wolgamuth

Ms. Wolgamuth reported, everyone should have received what I hope is the final Community Room survey.  If there are no additional comments or changes, we will get that printed out to all of the residents I hope by the end of this week.

Council President Buckholtz stated, I think it’s really well done.  I had a couple of suggestions.  I just spoke with you briefly.  One is it is redundant but just to add on the sixth line where it says, “Do you think the room should be larger, smaller, current size”, you should add right there “or removed or eliminated” so that it comes down a little further so that people reading that line will go, I’m not really interested in that and they could put it right there.  Also, if you are adding that, in the three bullet points that follow, you might add, “I would like to see the Community Room replaced with another facility” and then you need those couple lines to say, what would you like to see there?  I think it’s well done, greatly done like all surveys.  Now we just have to get it out to everyone and follow up from the people that currently use the room and from people that don’t even know we have a community center.  Well done. Thank you.   Any other comments? There were none.

STANDING COMMITTEE REPORTS:

Activities Committee – Mrs. Mills reported, the Memorial Day Service went very well.  Also, the Mother’s Day Pancake Breakfast was another good thing.  We thought Cruise Night had more people than ever but probably fewer cars.  Joanne, how did you like it?

Mrs. Cinco replied, the guys working Cruise Night thought there were more cars because of the cooler weather. 

Mrs. Mills replied, a lot of it was the people that come, they don’t like to cruise their cars because they overheat.  They just park them and let everybody look at them. All in all, I thought it was a very good night. The band concerts are in place.  Reminder that the fireworks are June 29th when the sun goes down.

Architectural Review Board – Mr. Marrelli reported, the Architectural Review Board met last week and approved materials for a sign for the apartment complex.

Board of Appeals – Mr. Marrelli stated, there was no meeting. There is no report.

Cemetery – Mrs. Mills reported, we put the flags up in the Cemetery on every gravesite there. The women from the Garden Club have been working there as well as Roger Remec.

Citizen's Advisory Board –  There was no meeting. There is no report.

Safety and Service –  Mrs. Cinco reported, Safety and Service met on Monday, June 3rd.  At that time, we discussed the Community Room, the repairs update and also the survey.  We also discussed and approved all of the issues dealing with the Fire Station mold.  The sportsfield restrooms were discussed at the end.

Finance Committee –Mr. Delguyd reported, the Committee met just before Council.  All matters are on the agenda tonight so we will address them at that time.

Historical Society – Mrs. Mills reported, we have done some exterior painting on the house. The Garden Club is also working in the gardens. Today we were hosted by Gesu Church. They furnished us lunch in appreciation for the tour we gave to the 50 children last month.

Hillcrest Council of Councils –  Mr. Delguyd stated, there was no meeting. There is no report.

M.A.R.C. –  Dr. Parker reported, the last and final M.A.R.C. meeting was held on June 6th. The purpose of this meeting was the dissolution of M.A.R.C. The remaining funds in the treasury will be distributed to the various communities according to the by-laws of M.A.R.C.    M.A.R.C. is no longer at this point.

Mrs. Cinco asked, can you give us more information?

Dr. Parker replied, over the years more and more communities have become actively involved in programs that have competed with M.A.R.C.  This has been bantered around over the last number of years.  M.A.R.C. has come to the conclusion that they are not necessary anymore like they used to be many many years ago.  Communities have a lot of programs. There’s a lot of very qualified people in them and they just felt that at this point it would be better to let the existing infrastructure of those communities do their job.  They thought it was best for the communities and the programs.  There were times when the programs were very poorly attended because they were competing with a lot of different organizations.

Mrs. Cinco replied, thank you. Can I make a suggestion at this time?  I know that two people have been involved for many years.  I used to be there years ago.  If we can have some Resolutions of Appreciation prepared for Phil Weinberg and Kay Vincent.  I think it’s really necessary for those two for all of their many many years.

Council President Buckholtz replied, I think that’s a great idea.  Joanne, you were actually an officer for years. When I came on, I came in to that.  I remember even back then there was a lot of discussion every time a new program was looked at. We would go look at all of the communities to see if it was already happening.  I think what M.A.R.C. did was communities that did not have enough people to participate in programs, they could put it out and cover it.  I think communities now are also doing that as well.  You work with other communities.  A Resolution would be very nice.

Mr. Thomas stated, it was very interesting because Phil obviously got very emotional.

Mrs. Cinco stated, I can imagine.  Sure. 

Mr. Thomas stated Phil had been the Director.  He started it 41 years ago.  It would be nice if we can give Phil a proclamation or something. And Kay Vincent is a Mayfield Village resident.

Dr. Parker stated, she has been their secretary for a very long time.

Mrs. Cinco stated, I don’t have any problem doing that.

Council President Buckholtz stated, don’t leave anyone out.

Mr. Thomas stated, there’s been a lot of Board members over the years.  Kay was there when I got there which was 15 years ago.

Council President Buckholtz stated, it’s a great idea.  Let’s try and put something together.  Thank you.

Ordinance Review Committee – Mr. Marquardt stated, there was no meeting. There is no report. 

Planning and Zoning – Mr. Marquardt reported, Planning and Zoning met on June 3rd.  There was one item on the agenda which was the Riparian Setback Ordinance.  It was approved by Planning and Zoning. 

Recreation Board -  Mr. Thomas stated, there is nothing to report. We meet back up in the Fall. 

Commission on Aging – Mrs. Mills reported, our next meeting will be June 25th at 11:00 in the Community Center in the Commission on Aging office. Also, the Senior Informational Open House will be Friday, June 28th from 9:00-12:00 for everybody to know what’s going on with different departments and different organizations in the Village. 

SPECIAL COMMITTEE REPORTS:

Information & Technology – There was no meeting. There is no report.

Records Commission – Mrs. Mills reported, the Commission decided there will only be one Shred Day per year. The next Shred Day is scheduled for Saturday, May 17, 2014.  The Cleveland Regional Liaison for the State Auditor’s office, Michelle Stys, attended our last meeting.  They like holding the House Bill 9 Training at Reserve Hall. The next meeting of the Commission is scheduled for September 18th.

Community and Economic Development  - Mr. Delguyd stated, there was no meeting. There is no report.

OLD BUSINESS:

Third Reading of Ordinance No. 2013-01, entitled, “An emergency ordinance authorizing and directing the Mayor to enter into a Development Agreement with East Commons, Ltd.”  Introduced by Mayor Rinker and Council as a Whole.  (First Reading –January 22, 2013; Second Reading – February 19, 2013)

Mrs. Mills, seconded by Mrs. Cinco, made a motion to enact Ordinance No. 2013-01.

Council President Buckholtz asked if there was any discussion.  Is the language in here now?

Mr. Diemert replied, yes.

Council President Buckholtz asked, everything’s ready to go on your end?

Mr. Diemert replied, yes.

Council President Buckholtz asked, and these projected annual income figures are both real estate revenue and payroll taxes combined?

Mr. Esborn replied, yes.

ROLL CALL: 

AYES:  All     
NAYS:  None        
Motion Carried. Ordinance Enacted.

Mr. Sam Canatta thanked Council.

Third Reading of Ordinance No. 2013-08, entitled, “An Emergency Ordinance amending Codified Ordinance Section 1185.14(e) relating to temporary signs permitted in any District.”  Introduced by Mayor Rinker and Council as a Whole.  (First Reading –April 15, 2013; Second Reading – May 20, 2013)

Mrs. Cinco, seconded by Mrs. Mills, made a motion to enact Ordinance No. 2013-08.

Council President Buckholtz asked if there was any discussion.  This is the final language and it is all set to go?

Mr. Diemert replied, yes.

ROLL CALL: 

AYES:  All    
NAYS:  None      
Motion Carried. Ordinance Enacted.

NEW BUSINESS:

  • Motion to authorize expenditure in an amount not to exceed $7,500.00 for Volunteer Appreciation Event – August 2, 2013.

 

Dr. Parker, seconded by Mrs. Mills, made a motion to authorize expenditure in an amount not to exceed $7,500.00 for Volunteer Appreciation Event – August 2, 2013.

Council President Buckholtz asked if there was any discussion. There was none.

Roll Call:         

AYES:    All     
NAYS:  None                                          
Motion Carried. Expenditure Approved.

  • Motion to go out to bid for sale of vehicle and police motorcycle.

 

Mrs. Cinco, seconded by Mrs. Mills, made a motion to go out to bid for sale of vehicle and police motorcycle.

Council President Buckholtz asked if there was any discussion.

Mr. Delguyd replied, this also includes two 2003 Ford Tauruses, one Crown Victoria, a motorcycle and a 1999 pick-up with a plow.

Council President Buckholtz asked, so it’s three vehicles?

Mr. Delguyd replied, it’s actually five.

Council President Buckholtz stated, so we have a motion to go out to bid for the sale of five vehicles. Any discussion? 

There were no further comments.

Roll Call:         

AYES:    All  
NAYS:  None             
Motion Carried. Bidding Approved.

  • Motion to authorize change order in the amount of $104,674.48 to C.A. Agresta Company for 2013 Road Program.

 

Mrs. Mills, seconded by Mrs. Cinco, made a motion to authorize change order in the amount of $104,674.48 to C.A. Agresta Company for 2013 Road Program.

Mr. Metzung stated, as discussed at other meetings, the base repair/slab replacement, we did a lot more work than anticipated.  It was $135,000 of extra work that we did.  Taking a percentage of the contingency out, we brought it down to $104,000.   This will leave us approximately $40,000 in contingency money to set aside to complete the project in case something else should come up.

Council President Buckholtz stated, so you are saying part of the contingency money covered it? We still have more?

Mr. Metzung replied, yes, we did it by percentage of the project. That’s what we took out of the contingency.

Council President Buckholtz asked, we have the funds?

Mr. Delguyd replied, we still remain under budget in addition to that extra contingency.

Council President Buckholtz replied, okay.  Any other questions? There were none.

Roll Call:         

AYES:    All             
NAYS:  None            
Motion Carried. Change Order Approved.

  • Motion to authorize expenditure in the amount of $5,500.00 to Fire-Tech, Inc. for the replacement of the back flow preventer at the Service Department.

 

Mrs. Mills, seconded by Mrs. Cinco, made a motion to authorize expenditure in the amount of $5,500.00 to Fire-Tech, Inc. for the replacement of the back flow preventer at the Service Department. 

Council President Buckholtz asked, any discussion?  There was none.

Roll Call:         

AYES:    All       
NAYS:  None    
Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $6,400.00 to Tree Service Now for the removal of trees in various locations throughout the Village.

 

Mrs. Mills, seconded by Mrs. Cinco, made a motion to authorize expenditure in the amount of $6,400.00 to Tree Service Now for the removal of trees in various locations throughout the Village.

Council President Buckholtz asked, any discussion?  Does this have anything to do with the ash trees?

Mr. Metzung replied, I don’t recall if there were any ash trees.  We had some pines in the cemetery.  I don’t recall there actually being any ash trees.

Council President Buckholtz stated, I only bring that up because the ash trees would be reimbursable by the Federal government. If there is any in that, you should find out.

Mr. Metzung replied, I will investigate that.

Dr. Parker asked, is this also for pruning?

Mr. Metzung replied, no.  This is just for the removal of trees. In that, part of our budget was we put money aside to do the pruning of the trees in the neighborhood. We began in the Aintree neighborhood and are going to continue that this year.  We have done a lot more tree removal this year.  I talked to Ron and we are going to bring that up as he goes through his line items in the budget at the end of this month.  We may come back to Council at that time to add to that part of the budget because of that issue, the fact that we have removed so many trees already this year. 

Dr. Parker stated, on Wilson Mills it seems like there are a lot of overhanging branches.  It may be on your list or it may not.  If you could check it out.  It seems like some of them are pretty large.  If they were a problem, they could damage lines.

Mr. Metzung replied, we will investigate that. We just took out a string of two or three along there at the corner of Robley and Wilson Mills. 

Council President Buckholtz stated, Mayfield Village is not one of those communities, but I have been driving through a lot of places where the trees are so overgrown, you can’t see stop signs.  Cleveland Heights is one of the places where they have a series of stop signs and they are completely blocked and covered.  To my knowledge, we don’t fall under that category.

Mr. Metzung stated, between our arborist and the gentleman that takes care of our street signs, they check that every year.

Roll Call:         

AYES:    All             
NAYS:  None                
Motion Carried. Expenditure Approved.

  • Motion to accept bid from C.A. Agresta Co. for Highland Road Sidewalk Phase II Project and to authorize expenditure in the amount of $84,706.00.

 

Mrs. Mills, seconded by Mrs. Cinco, made a motion to accept bid from C.A. Agresta Co. for Highland Road Sidewalk Phase II Project and to authorize expenditure in the amount of $84,706.00.

Council President Buckholtz asked, any discussion?  This is to continue the sidewalk from the trail system up to SOM.

Mr. Delguyd stated, it also includes the crosswalk and the signal.

Mr. Cappello stated, the signal is already there. They are going to add the pedestrian sign.

Council President Buckholtz asked, the “walk/don’t walk”?

Mr. Cappello replied, yes.

Council President Buckholtz asked, does that change the timing?  Do they figure how long it takes to cross?

Mr. Metzung replied, yes, they will. Because of the timing it takes to walk.  If somebody presses the button, it will change the timing.

Council President Buckholtz stated, crossing SOM is a lot different than crossing Worton Park.

Mr. Metzung agreed. They are timed by the lanes, the distance.  In that regard, yes, it will change.

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

Roll Call:         

AYES:    All      
NAYS:  None
Motion Carried. Expenditure Approved.

  • Motion to accept bid from Pat Flowers for 2013 Street Striping Program and to authorize expenditure in the amount of $20,354.65.

 

Mrs. Mills, seconded by Mrs. Cinco, made a motion to accept bid from Pat Flowers for 2013 Street Striping Program and to authorize expenditure in the amount of $20,354.65.

Council President Buckholtz asked, any questions?  We do this every year. How does this compare to other years?

Mr. Delguyd replied, we budgeted $21,000 this year.  It was around $19,000 last year.

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

Roll Call:         

AYES:    All 
NAYS:  None                       
Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $5,660.00 to CompManagement, Inc. for Worker’s Compensation Group Rating Fee for 2014.

 

Mrs. Mills, seconded by Mrs. Cinco, made a motion to authorize expenditure in the amount of $5,660.00 to CompManagement, Inc. for Worker’s Compensation Group Rating Fee for 2014.

Council President Buckholtz asked, any discussion?

Mr. Wynne reported, this is our annual dues to be part of the group rating program offered through the Ohio Municipal League.

Roll Call:         

AYES:    All      
NAYS:  None                  
Motion Carried. Expenditure Approved.

  • Motion to acknowledge receipt of financial reports for May 2013 and to approve of same as submitted.

 

Dr. Parker, seconded by Mrs. Mills, made a motion to acknowledge receipt of financial reports for May 2013 and to approve of same as submitted.

Council President Buckholtz asked, any discussion?  There was none.

Roll Call:         
AYES:    All    
NAYS:  None                                                
Motion Carried. Receipt of Financial Reports for May 2013. Acknowledged and Approved

  • First Reading of Ordinance No. 2013-10, entitled, “An Emergency Ordinance enacting Codified Ordinance Chapter 1127 establishing provisions for Riparian Setbacks in the Village.”  Introduced by Mayor Rinker and Council as a Whole.

 

This Ordinance will stay on First Read.

  • Resolution No. 2013-10, entitled, “A Resolution Authorizing and Directing the Mayor and President of Council to enter into a Regional Stormwater Management Program Service Agreement with the Northeast Ohio Regional Sewer District.” Introduced by Mayor Rinker and Council as a Whole.

 

Dr. Parker asked, with our participation in the Euclid Creek Watershed, do they review these or do they need to?

Mr. Metzung replied, they have certainly reviewed them.  I am sure Chagrin River Watershed Partners was all over this when this came out.  I refer more to Chagrin River. They seem to have more of a technical handle than Euclid Creek does.

Council President Buckholtz stated to Dr. Parker, you didn’t see the presentation from the Northeast Ohio Regional Sewer District.  The powerpoint is on the web. As a matter of fact, it was e-mailed to us also.  You should take the time to look at it. It’s another one of those, we have little to say about it.

Mrs. Cinco agreed. We might as well just pass it. We can’t do anything about it.

Mr. Delguyd stated, this has been in Court with the commercial real estate.

Mrs. Mills, seconded by Mrs. Cinco, made a motion to adopt Resolution No. 2013-10.

ROLL CALL: 

AYES:   All       
NAYS:  None   
Motion Carried. Resolution Adopted.

ANY OTHER MATTERS

Council President Buckholtz asked if there were any other matters.    There were none.

ADJOURNMENT

Mrs. Mills, seconded by Mr. Marquardt, made a motion to adjourn the meeting.

The meeting adjourned at 8:35 p.m.  The next Council meeting is scheduled for Monday, July 15, 2013 at 8:00 p.m.