Council - August 17th 2015

MINUTES OF THE REGULAR MEETING OF COUNCIL
Mayfield Village Civic Hall
Monday, August 17, 2015 - 8:00 p.m.

The Council of Mayfield Village met in Regular Session on Monday, August 17, 2015 at Mayfield Village Civic Hall. Council President Marrie called the meeting to order at 8:00 p.m.

ROLL CALL:

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

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

Absent:  None

The Pledge of Allegiance to the Flag was given.

  • ELECTION OF COUNCIL PRESIDENT PRO TEM

Council President Marrie opened the floor for nominations for Council President Pro Tem.

Mrs. Mills, seconded by Mr. Marquardt, nominated Mr. Saponaro as Council President Pro Tem.

Council President Marrie asked, any discussion? There was none. Are there any other nominations? There were none.

Mrs. Mills, seconded by Mr. Jerome, made a motion to close the nominations.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Nominations Closed. Joseph Saponaro elected Council President Pro Tem

Mayor Rinker administered the oath of office to Joseph Saponaro as Council President Pro Tem.

OPEN PORTION:

  • PUBLIC HEARING – PROPOSED CHARTER AMENDMENTS

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

Rick Christian
510 SOM Center Road

You guys need to do a better job getting this out to the public.

Council President Marrie asked, what is it?

Mr. Christian replied, the Notice of Public Hearing for tonight. I got it tonight. Some people haven’t gotten it yet.

Council President Marrie apologized.

Mr. Christian stated, you need to do a better job of getting the word out.

Council President Marrie stated, we have members of the Charter Review Commission here this evening, Chairman Paul Fikaris, Al Hehr, Tom Piteo, Merv Singer and Ron DiNardo. Paul, would you like to say a few words before we throw it open to the floor?

Comments from Chairman Paul Fikaris – Charter Review Commission

Good evening everybody. My name is Paul Fikaris. I live on Oakwood. I am the Chairman of the 2015 Charter Review Commission. Just a quick review. As per the Charter, every 5 years, the Mayor and each Council person choose a representative for the Charter Review Commission. Our job was to review the Charter and make any recommendations. We were not required to make recommendations but we had about 10 meetings where we took apart the Charter bit by bit and reviewed it. We discussed it and made recommendations amongst ourselves.

I would be remiss if I did not say we had a lot of help from Joe Diemert, our Law Director. I introduce again Al Hehr, Tom Piteo, Merv Singer and Ron DiNardo who is with us this evening. Vetus Syracuse, Stivo DiFranco and Jim Sheridan could not be here.

We spent a lot of time and deliberations talking about different things that we thought we could make improvements on. We made some suggestions. That’s why we are here tonight. There were 6 suggestions. I will go through each of them:

  • Shall Mayfield Village Charter Article III, Section 4, be amended to substitute the term “Civic Center” for “Village Hall” in this section and throughout the Charter where applicable?

This is a very simple language change. Village Hall does not exist anymore.   Whether we were thorough or went overboard, we look at everything in the Charter.

  • Shall Mayfield Village Charter Article III, Section 6, be amended to provide an increase in elected official compensation for the first time in 15 years?

This deals with compensation of our elected officials, Council and Mayor.   How this is set up in the Charter is that Council itself makes a recommendation to raise their own salaries. We noticed that that has not happened since 2000. These folks serve technically on a part-time basis, but I would not say that much is part-time. What we proposed was a one-time increase in their salaries based on the consumer price index since the last time it happened in 2000. The numbers that were given were modest. Technically if you would plug in the year 2000, economic dollars would equal to roughly less than or roughly equal to today. We proposed a one-time salary increase for Mayor and Council. We felt the Charter would be the best way to do this. Council would be reluctant to raise their own salaries. We thought we would put it forward to put it on the ballot for folks to vote on.

  • Shall Mayfield Village Charter Article III, Sections 10 and 12 and Article V, Section 12(A) be amended to allow the Board of Zoning Appeals to grant use variances in non-residential districts only, with Council approval after a public hearing?

If we allow the Board of Zoning Appeals to be permitted to issue land use variances within non-residential districts, it would provide an added option for the Village to help promote economic development in our commercial and industrial areas. We envision these to be applied for infrequently by applicants who may be willing to invest sizable sums on a project in the Village but may be reluctant to do so when the only options are special and conditional use permits that require frequent renewal. We proposed added layers of protection, the primary one being the Board of Zoning Appeals followed by Council approval and public hearing for each applicant.

  • Shall Mayfield Village Charter Article V, Section 6(B)(3) be amended so as to clarify positions excluded from Civil Service?

This is a housecleaning measure. It was requested in part by some of the Department Heads. This is merely a clarification of the Charter as to which positions are classified and non-classified. It’s pretty straightforward.

  • Shall Mayfield Village Charter Article V, Section 6(E), be amended so as to allow competition for appointment to the position of Chief within Police or Fire Departments to include individuals outside the department in the event there are two or less qualified and interested individuals from the supervisory lower ranks, and to eliminate classified Civil Service status for part-time employees?

We proposed a language change in the Charter allowing Mayfield Village the option to seek outside applicants for the position of safety force chiefs should there not be qualified and willing applicants from the supervisory ranks. The present language allows for the possibility of an inexperienced and non-supervisory level member of the safety forces to become chief under certain circumstances. We spoke with the Chiefs as well as the police union reps. We added this as a protective measure to ensure that the citizens of Mayfield Village have most qualified leadership for our safety forces.

  • Shall Mayfield Village Charter Article XII, Section 9, be amended to require amended copies of the Charter be made available upon request of the residents?

This concerns the delivery of the final version of the Charter revised following approval by the voters. Under the present Charter, Mayfield Village was required by law to mail a copy of the revised Charter to each household in the Village. This proposal removes the mandatory mailing and provides an option of having it available on-line or mailed upon request. This saves natural and economic resources.

In a nutshell, that was our reasoning behind these proposed amendment changes. I would be happy to take any questions.

Council President Marrie asked, any questions?

Mr. Saponaro stated, thank you for doing such a thorough job. If anyone read the Minutes which are public record, if you have not, go back and read them. There is great deliberation, great dialogue and conversation. There was a lot of really well thought out and put together information resulting in these proposals.   Thank you. We know it’s not an easy task.

Mr. Fikaris stated, I would like to thank the Charter Review Commission. They were outstanding individuals.

The audience applauded.

Bob Barclay
662 Echo Drive

Who pushed this change in zoning? That zoning issue was based upon the Eastlake case that went to the United States Supreme Court and was upheld and is serving of the Village since the Charter was officially a document. I just question this. Who pushed you to enact those changes? Let’s get all the facts. Be transparent.

Mr. Saponaro stated, you can read all of the transcripts of every meeting. Your accusation of not being transparent, just to be clear, you have the ability to read every part of the meetings that has gone on so that you can look at it yourself and make your decision that way. He did explain why it came about. He certainly can answer it. All of the Minutes from the meetings are public. There is transparency there.

Mr. Barclay replied, thank you. But I would like to get more transparency for anyone sitting here who perhaps doesn’t have the time to do that. Let’s hear. Who pushed you? What’s the example? Give me an example of use in commercial or industrial that you want to be changed.

Chairman Fikaris responded, I am a member of the Planning and Zoning Commission. I have been involved for the past 5 years with what happens in Mayfield for Planning and Zoning. What you have presently, an applicant comes and wants to do something different, let’s say on Beta Drive. There are vacancies there. Nowadays they do it by special use permit. They would come before the Planning and Zoning Commission and Board of Zoning Appeals to state their hardship and possibly why they would need a variance through our Zoning Code. We listen to it. We discuss it. We deliberate it. We vote on it. If it is a case where it is a positive thing, we would allow the variance, from something small like a parking space to a setback or things like that. We would then receive approval from Council and a Special Use Permit or Conditional Use Permit would be issued. What happens there is those have to be renewed every two years. Sometimes that’s a good thing. Sometimes that might be a little problematic. Not to us. It gives us a layer of protection.

We vote on a long list of about 40 special use permits here in the Village. Some of them date back to the ‘60’s. They have to renew them every two years. What we proposed was allowing the Board of Zoning Appeals to grant a use variance for a piece of zoned property. It would have to be zoned commercial. The use variance would be instead of the applicant having to come back every couple years the land would be granted a use variance so that they would not have to come back and apply. The reasoning was to make it more attractive. If someone were coming to the Village to invest a couple million dollars on existing property and convert it to something other than its intended usage, industrial which most of it is zoned as such, if someone were coming to do that and were going to invest millions of dollars we felt at times that they would be a little reluctant to say I am going to sink all this money in there for me to come back every two years and do this. What that would permit is it goes with the land. The conditions would be set. It would have to go through Council and a public hearing in order for them to approve. It was an idea to maybe free it up a little bit. It doesn’t change any zoning law. For example, Deacon’s, for the past five years the only zoning law voted on as an electorate was whether property behind Deacon’s which was zoned residential to a commercial use so they could expand their lot. This would not apply. If this were put on the ballot and passed, this would not apply because that was zoned residential.

There’s no motivation. We are trying to free things. What we are seeing now on Beta Drive and Ted can attest to this, we are having a Cheerleading School that is going to be in there. Non-traditional uses for these places because the industrial kind of thing is not really viable anymore. We are trying to roll with the times and keep Beta Drive filled and going and keep the Village thriving. That was our only motivation.

This would apply in very few cases. It would only apply in industrial commercial areas and only if someone wanted to apply for it that was considering it. We felt we made it more attractive so they don’t have to come back every two years. They then don’t consider it. That was our reasoning. Does anyone have any other questions?

Al Hehr
6708 Glenview

I would say that we were not pushed in any particular direction. As a matter of fact, the initial proposals that came out went from very broad to very large variations to the Charter down to these very narrow and very specific variations. We felt residential should stay residential unless the people want that change. We believed that was extremely important that that go back to a vote.

The initial proposal was could variations occur? We felt that was too truncated. That was too much authority to take out of all of your hands because so much of this can be done in that direct Democracy approach where each one of you decide whether those variations occur and how they occur.

I have been in Mayfield Village since 1968. It’s done pretty good getting to where it is now. Our Charter is pretty solid. The small changes we made are really those that will allow the definitions so to speak of what is commercial and what is industrial versus light industrial. That would allow those people that can quickly make those changes to make them. Like you, I am often suspect of government. What this did is this allowed us to remain suspect of government because we have kept the focus narrow and kept our Council people responsible and that responsibility has been laid at their feet and has done reasonably well over the last several years and we want to keep it that way. We also want to be able to vary according to the time.

That was the overall objective behind our Commission, to keep responsibility for what happens in our Village with us to allow mild variations to occur. We did not have pressure. We did not initiate large formatted changes. We want to keep every 5 years at least coming back to the people and saying “do you like where we are at?”

Mr. Diemert stated, the Charter Review Commission made sure that no legislation could be passed in one meeting or without a 30 day waiting period which gives the voters the right of referendum so that a limited number of voters could sign a petition if you didn’t like it and you went to the public meeting and Council did it anyway. You could still circulate petitions and put it on the ballot. It wouldn’t become law until the voters voted. They left that protection in there as well.

Mr. Hehr asked, Mr. Diemert, how many people are required on that, do you recall?

Mr. Diemert replied, I think it’s 10% of the electors at the last Governor’s race so it’s probably 150.

Mr. Hehr stated, so it’s a really small number.

Mr. Diemert replied, yes.

Mayor Rinker added, in the time I have been Mayor, I have worked with a number of Charter Review Commissions. My experience, every single one, and they are all different in composition, this question about the referendum voting has arisen. From afar the perception is that you are making some change in the zoning classification. Eastlake is a good example where it was changing residential to some non-residential use. That’s typically what gets people going.

We have had a number of referendum issues where we have actually gone through and changed a zoning classification through the vote of the people. The most recent one was the Deacon’s property to allow that expansion. What’s not so obvious and this is why I think it’s come up periodically with every Charter Review Commission is that in Beta there are a lot of landlords and a lot of tenants. It’s not changing a single property. It’s usually various uses that get introduced into a particular building. That building may have a dozen different uses and what happens is in order to manage that administratively as Paul was saying, Planning and Zoning is often called upon to consider whether it’s a conditional use or a special use permit.

In many ways, historically, probably for the last 20 years, what has been going on is the Planning and Zoning Commission has been looking at the different kinds of uses and trying to figure out are they really pigeonholed or not. Most codes, Mayfield’s one of them, have this ability to be a little more flexible. A variance is a more structured and a more formal process. My understanding with this is that the thinking was well, we don’t take away a referendum vote. I have always been asked this question by every Commission and I have said I can live with it either way. My feeling is that if it goes to referendum, that means that the administration needs to be able to speak to it either for it or against it. Typically when the administration is for a vote, it’s going to auger well for the proposition when a municipality or government is opposed, they usually go down in flames. If you looked across the board, you would see that amongst communities. These conditional use permits are kind of a gray area. The management issue has become something that just comes up all of the time. My understanding was this was an effort to be a little more creative, be more specific, put it in front of the Board of Zoning Appeals.

There are very specific rules about whether a variance is granted and it has to be unique to that particular proposition. Ultimately Council has to review it like it does any other. There are public sessions. People have a chance to participate. Notices go out, whether it’s on the web or you get it in the mail. The idea with the Board of Zoning Appeals is people in close proximity by law get that notification.

For Council everything is public. There’s plenty of opportunity to weigh in. As Mr. Diemert indicated, even if Council were to vote, there’s a 30-day hold period that allows people in the community if they feel it is important enough to go to initiative, they can put it on the ballot. Those due process requirements are still pretty well safeguarded. This wasn’t to be a fast one. It’s trying to be practical and still very formal.

Bob Barclay

Thank you. Just in summary, what you are really doing is taking away the right of the electorate to make a decision.

Mayor Rinker replied, that’s absolutely incorrect. That’s not true.

Mr. Barclay continued, they had the job in the past of making that decision. Deacon’s was one that was in the craw of a lot of people’s throat, yet the electorate passed it. I don’t know why you want to take away the right that each of us have. It kind of like, you will be back in 5 more years with another slice of the bologna that you want to take away. I hope not. But you better do a lot more convincing to me and some other people.

Mayor Rinker stated, that’s the whole idea of the Charter Review Commission. There’s a period that this Commission goes through this process. As Mr. Saponaro pointed out, all of these Minutes are posted. The public is given an opportunity if they so choose. You are allowed to attend the meetings. The meetings are noticed. Every public meeting in this community is run like this one that people can attend. It’s not taking it away. What I have tried to explain is historically there have been a lot of decisions and I would bet very few people have a clue of the kinds of decisions Planning and Zoning is making. The officials have wrestled with how better to manage the process. It’s an effort to improve things. It’s not taking away.

Council President Marrie asked, are there any other questions or comments relative to this item? There were none.

Council President Marrie asked, are there any other questions or comments regarding any other matters? There were none.

CONSIDERATION OF MINUTES:

Regular Council Meeting – July 20, 2015

Dr. Parker, seconded by Mr. Saponaro, made a motion to approve the minutes as written.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. July 20th, 2015 Minutes Approved.

Special Council Meeting – August 3, 2015

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

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. August 3rd, 2015 Minutes Approved.

COMMENTS FROM MAYOR RINKER

There were no comments.

COMMENTS FROM COUNCIL PRESIDENT MARRIE

Council President Marrie wanted to sincerely thank the Charter Review Commission for their time. I know how much time it takes because I served on one many years ago. I appreciate all of the time and effort that the Commission put into it. As Joe said, if you looked at the Minutes, you would find out it was a lot of time and a lot of effort. The second thing is, Rick, I would like to apologize to you and to all others who did not receive the notice in time. I am not sure what happened but you have my sincere apology on that. I think we all try to get it out in time. Things happen. I don’t know what happened. You have my apology. Everything we had in there will be discussed this evening.

DEPARTMENT HEAD REPORTS:                          

SERVICE – Doug Metzung

There was no report.

BUILDING – John Marrelli

Mr. Marrelli reported that the high school and elementary school projects are wrapping up this week just in time for school to start.

ENGINEERING – Tom Cappello

There was no report.

LEGAL DEPARTMENT – Mr. Diemert

To follow up on Charter Review, Mr. Diemert stated, we will be sending out from administration a complete listing of the proposed Charter amendments and a detailed explanation for everyone to understand as opposed to the formal language of the Ordinances as they are drafted tonight. That will be coming out probably in October.

FIRE – Chief Eugene Carcioppolo

Chief Carcioppolo reported, we will be taking delivery of our new engine on Wednesday morning. It will take about a month for us to get all of the equipment on it and train everyone. We will try to plan on holding an open house in October for Fire Safety Week. I just wanted to let everyone know we are finally receiving our new engine.

FINANCE – Ron Wynne

Mr. Wynne reported, the Village has 5 TIF Agreements that have to be renewed with the County every year. They generate about $1 million for us, the proceeds of which are used to pay down debt. Ron DiNardo and I went down to the County building and met with the Tax Incentive Review Committee (“TIRC”) who went over our TIF Agreements. All 5 Agreements were approved to be in compliance and continuation for another year.

POLICE – Chief Richard Edelman

There was no report. There is one agenda item that will be discussed.

PARKS & RECREATION – Bill Thomas

Mr. Thomas reported, school officially opened today. As a result, Parkview Pool closed for the summer yesterday. We had monsoon weather in June. Mr. Perout, our Pool Manager, suggested that because some of the people were not able to use the pool in June, why don’t we extend our season at least two more days? Believe it or not, the last two days were probably the hottest days we had of the whole summer. We finished strong in July and August. We had a total attendance for 2015 of 16,222. Last year we had 14,789. The last day, which was yesterday, we had 508 participants. That was the second highest total. The highest total was on June 24th which we had 552 participating. It was a good season at least for July and August.   I want to remind everyone that we are offering with the three other communities in the school district, Cleveland Clinic, Cleveland Metroparks and the Library, what is called Healthy Mayfield which will take place on September 2nd at Wildcat Stadium. Hopefully you will be receiving information about that. We put a mailing together about this. I believe that went to all our residents. We are trying to promote our wonderful Wildcat Sport and Fitness Facility at the High School. Last but not least, we have moved from Summer to Fall. Did everyone receive their brochures in the mail?

Mr. Jerome asked, are Highland Heights and Mayfield Heights pools also closed?

Mr. Thomas replied, thank you for the reminder. Mayfield Heights and Mayfield Village pools, yes, but Highland Heights is open for the next three weekends, not including Labor Day, from 1:00-5:00 for our members that have pool passes. If you don’t have a membership to Parkview Pool, you will be charged $5.00.

ARCHITECT – Ron DiNardo

There was no report.

PLANNING DEPARTMENT - Ted Esborn

Mr. Esborn reported, I should have raised this during the proposed Charter amendments hearing, but I would be remiss not to mention it during my report. During 2014, the Planning and Zoning Commission spent a number of meetings looking closely at the Zoning Code. During those meetings, the idea of a use variance came up naturally as part of the discussion and particularly as part of the discussion about what to do in situations involving large investment situations that would involve a conditional use permit. It’s a huge concern from an economic development standpoint. We do get situations where people are looking to invest a lot of money in a commercial property. Conditional use permits are up for renewal every two years which is a big issue for those people looking to invest. I wanted to make this point to reinforce that it is something that has come up through our discussions.

ADMINISTRATION – Diane Wolgamuth

There was no report.

STANDING COMMITTEE REPORTS:

Activities Committee – Mrs. Mills reported, the next meeting is September 10th. We are hoping tonight that Council will pass the motion to enter into a contract with American Fireworks for our fireworks in July of 2016 and 2017 with an option for 2018.

Architectural Review Board – Mr. Marrelli reported, the Board met last Thursday. There were two residential projects approved.

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

Cemetery – Mrs. Mills stated, there is no report.

Citizen's Advisory Committee – Ms. Wolgamuth stated, the Committee met on July 30th at Parkview Pool and then went to The Grove for a performance that evening. We discussed Simple Recycling that I hope everyone is familiar with it. It is soft recycling. It is clothing and textiles. That collection will be curbside collection starting on September 14th. Mr. Marrie also provided a Council update that included discussion of the upcoming Mayoral race and the vacancy in Ward 4. We adjourned the meeting and attended Simple Gifts at The Grove. The next meeting is September 14th.

Drainage and Infrastructure Committee – Mr. Jerome reported, we met last month. We finalized one issue. The resident is here this evening. I am sure he is happy to be done with that issue. Our next meeting is Tuesday, September 8th at 6:30 p.m.

Safety and Service – Council President Marrie reported, we met on August 3rd. All of the items were sent to Finance. They are on the agenda this evening.

Finance Committee – Mr. Saponaro reported, Finance Committee meets twice a month. We met on August 3rd as well as this evening. There were 7 agenda items. One was deferred for more information.

Historical Society – Mrs. Mills invited everyone to the Ice Cream Social at the Bennett Van Curren Historical Museum at Wiley Park on September 9th. Come and tour the house, have ice cream and homemade cookies.

Hillcrest Council of Councils – Mr. Jerome stated, there was no meeting since the last update. There is no report.

Ordinance Review Committee – Mr. Marquardt reported, Ordinance Review met on August 11th. There were two items on the agenda. One is on this evening’s Council agenda. That has to do with a change in Chapter 1305 of the Architectural Review Board which would allow the Building Commissioner to stand in if there is not a quorum and a vote is needed. The second item is still under discussion. We will address that at the next meeting.

Planning and Zoning – Mr. Marquardt reported, Planning and Zoning met on August 3rd. There was one item on the agenda which is a Special Use Permit for Verizon Wireless Monopole Cell tower at the Mayfield High School. That is also on the agenda this evening. Planning and Zoning recommended approval.

Recreation Board – Mr. Thomas stated, our next meeting is Wednesday, September 16th at 7:00 p.m.

Commission on Aging – Mrs. Mills reported, the next meeting is Thursday, September 13th at 11:00 a.m. in the Senior Services offices. The agenda will include a recap of summer trips. We will be going to The Wilds on August 19th.   We will be discussing the 2016 trips, Lunch N Learn programs and Fall classes and the Holiday Party.

SPECIAL COMMITTEE REPORTS:

Information & Technology – There was no report.

Records Commission – Mrs. Mills reported, we will be meeting in September.

Community and Economic Development - Mr. Saponaro reported, at our last meeting we discussed the Incentive Agreements with QED as well as Freedonia. The QED Agreement has been executed. We are waiting on revisions to the Freedonia Agreement.   Our next meeting is September 21st.

The Grove Committee – Mr. Jerome reported, the Committee has not met obviously because of the events which have been going on this summer. We will meet in September to go over this past season and see where we did well and where we can improve for next year.   The season is almost over. We have two events left to close out the season strong. We have the Ninja Cowboys Contemporary Country Band on Friday from 7:00-9:00 and City Music Ensemble on Saturday from 7:00-9:00. That is the last event of the season. I hope everyone can make it this weekend. I also hope everyone had a chance to make it to The Grove this year. It was a lot of fun. We had pretty good weather. If you have not had a chance to make it, come to one of the last two events. You will be happy you did. If not, hopefully you will be able to attend an event next year. We are planning another great season.

Community Room Committee – Mr. Saponaro reported, the Committee will meet on September 1st. We went out to bid. Those bids are going to be rejected because they were more than 10% of the original estimate. We have revised the specs and are going back out to bid. The bid opening is August 28th. We will report back at that point.

Mr. Thomas mentioned, we have a concert at the Gazebo this Thursday at 7:00, Dan Zola Band will be playing. That is the last concert at the Gazebo for the summer.

OLD BUSINESS:

  • Third Reading of Ordinance No. 2015-13, entitled, “An Ordinance proposing an amendment to Article III, Section 6, relative to the compensation of the Mayor and members of Council.” Introduced by Mayor Rinker and Council as a Whole. (First Reading – June 15, 2015; Second Reading – July 20, 2015).

Mrs. Mills, seconded by Mr. Jerome, made a motion to enact Ordinance No. 2015-13.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Ordinance Enacted.

  • Third Reading of Ordinance No. 2015-14, entitled, “An Ordinance proposing an amendment to Article III, Section 4, of the Charter of Mayfield Village to substitute the term “Civic Center” for “Village Hall” in this section and throughout the Charter where applicable.” Introduced by Mayor Rinker and Council as a Whole. (First Reading – June 15, 2015; Second Reading – July 20, 2015).

Mrs. Mills, seconded by Mr. Saponaro, made a motion to enact Ordinance No. 2015-14.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Ordinance Enacted.

  • Third Reading of Ordinance No. 2015-15, entitled, “An Ordinance proposing an amendment to Article V, Section 6(E) of the Charter of Mayfield Village to allow competition for appointment to the position of Chief within the police and fire departments to include individuals outside the department should there be two or less qualified interested individuals from the supervisory lower ranks, and to eliminate classified civil service status for part-time employees.” Introduced by Mayor Rinker and Council as a Whole. (First Reading – June 15, 2015; Second Reading – July 20, 2015)

Mrs. Mills, seconded by Mr. Jerome, made a motion to enact Ordinance No. 2015-15.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Ordinance Enacted.

  • Third Reading of Ordinance No. 2015-16, entitled, “An Ordinance proposing an amendment to Article V, Section 6(B)(3) clarify positions excluded from the Civil Service.” Introduced by Mayor Rinker and Council as a Whole. (First Reading – June 15, 2015; Second Reading – July 20, 2015).

Mrs. Mills, seconded by Mr. Jerome, made a motion to enact Ordinance No. 2015-16.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Ordinance Enacted.

  • Third Reading of Ordinance No. 2015-17, entitled, “An Ordinance proposing an amendment to Article XII, Section 9 of the Charter of Mayfield Village to provide availability of amended copies of the Charter to the residents.” Introduced by Mayor Rinker and Council as a Whole. (First Reading – June 15, 2015; Second Reading – July 20, 2015).

Mrs. Mills, seconded by Mr. Jerome, made a motion to enact Ordinance No. 2015-17.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Ordinance Enacted.

  • Third Reading of Ordinance No. 2015-18, entitled, “An Ordinance proposing an amendment to Article V, Section 12(A), and any related subsections so as to allow the Board of Zoning Appeals to grant “use” variances in non-residential districts only, and requiring Council approval after public hearing.” Introduced by Mayor Rinker and Council as a Whole. (First Reading – June 15, 2015; Second Reading – July 20, 2015).

Mrs. Mills, seconded by Mr. Jerome, made a motion to enact Ordinance No. 2015-18.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Ordinance Enacted.

NEW BUSINESS:

  • Motion to approve recommendation from Planning and Zoning Commission for Special Use Permit to allow for placement of new Monopole Cellular Tower by Verizon Wireless at Mayfield High School Wildcat Stadium.

Mrs. Mills, seconded by Mr. Jerome, made a motion to approve recommendation from Planning and Zoning Commission for Special Use Permit to allow for placement of new Monopole Cellular Tower by Verizon Wireless at Mayfield High School Wildcat Stadium.

Dr. Parker asked, how does that impact what they have on our pole in the Village here?

Mr. Marquardt replied, there is no impact. It’s just an additional antennae if you will for reception in other areas. It does not affect their current towers.

Mr. Diemert added, it’s on an existing light pole that’s at the stadium already.

Mr. Jerome stated, they felt it would be safer for the students and faculty and the school because of better reception.

Mr. Marquardt stated, better reception in that area that is not covered by the school and residential area.

Mayor Rinker asked, do the Chiefs favor it?

Chief Edelman replied, the problem historically with the high school is that there has been no cellular reception. The addition of this pole at the high school increases our ability to get reception when we are inside the building.

Council President Marrie asked, any other discussion? There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Recommendation Approved.

  • Motion to reject all bids submitted on August 7, 2015 for the Mayfield Village Community Room.

Mrs. Mills, seconded by Mr. Saponaro, made a motion to reject all bids submitted on August 7, 2015 for the Mayfield Village Community Room.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Bids Rejected.

  • Motion to authorize expenditure in an amount not to exceed $7,500 for Volunteer Appreciation Event.

Mr. Saponaro, seconded by Mrs. Mills, made a motion to authorize expenditure in an amount not to exceed $7,500 for Volunteer Appreciation Event.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion for authorization to go out to bid for Police Department dispatch upgrade.

Mrs. Mills, seconded by Mr. Jerome, made a motion to go out to bid for Police Department dispatch upgrade.

Council President Marrie asked, any discussion?

Mr. Saponaro stated, this is an item which needs to be removed. Finance Committee deferred it pending receipt by the Chief of additional information. There’s a question which is going to go to legal regarding the requirement to go out to bid. It’s State pricing through Motorola.

Chief Edelman added, the guidance I needed from the Law Department was do we in fact need to go out to bid for this seeing as it is specialized equipment and it is on State pricing?

Mr. Diemert asked, it’s under the State bid authorization?

Chief Edelman replied, yes it is.

Mr. Diemert replied, no need then to go out to bid.

Chief Edelman stated, the next discussion will be during Safety and Service, Finance Caucus and Caucus next month. I will get the final results from B&C Communications which will probably include some manufacturer’s discounts. They are unable to put them in until they are able to give us final numbers. I will present it next month and ask for approval at that time.

  • Motion to withdraw motion for authorization to go out to bid for Police Department dispatch upgrade.

Mrs. Mills, seconded by Mr. Marquardt, made a motion to withdraw motion for authorization to go out to bid for Police Department dispatch upgrade.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Motion withdrawn.

  • Motion to authorize expenditure in the amount of $8,991 to Advantage Equipment for National Fire Protection Agency (NFPA) compliant turnout gear dryer.

Mr. Saponaro, seconded by Mrs. Mills, made a motion to authorize expenditure in the amount of $8,991 to Advantage Equipment for National Fire Protection Agency (NFPA) compliant turnout gear dryer.

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

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to accept bid and to authorize expenditure in the amount of $20,250 to American Fireworks for fireworks on July 2, 2016 (rain date July 3, 2016); and July 1, 2017 (rain date July 2, 2017).

Mr. Saponaro, seconded by Dr. Parker, made a motion to accept bid and to authorize expenditure in the amount of $20,250 to American Fireworks for fireworks on July 2, 2016 (rain date July 3, 2016); and July 1, 2017 (rain date July 2, 2017).

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Bid Accepted. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $11,545 to City of Mayfield Heights for Teen Adventure Camp Co-Op (pass through).

Mr. Saponaro, seconded by Mrs. Mills, made a motion to authorize expenditure in the amount of $11,545 to City of Mayfield Heights for Teen Adventure Camp Co-Op (pass through).

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

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to acknowledge receipt of financial reports for July, 2015 and to approve of same as submitted.

Mrs. Mills, seconded by Mr. Jerome, made a motion to acknowledge receipt of financial report for July 2015 and to approve of same as submitted.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Financial Reports for July 2015 Acknowledged and Approved.

  • First Reading of Ordinance No. 2015-22, entitled, “An Emergency Ordinance amending Sections 1305.01, 1305.05, and 1305.08 of the Village’s codified ordinances to address certain situations where the Architectural Review Board is lacking a quorum.” Introduced by Mayor Rinker and Council as a Whole.

Ordinance No. 2015-22 was left on First Read.

  • Motion to amend the agenda to accept the bid from The Cornice Company in the amount of $24,976 for replacement windows in the Fire Department.

Dr. Parker, seconded by Mrs. Mills, made a motion to amend the agenda to accept the bid from The Cornice Company in the amount of $24,976 for replacement windows in the Fire Department.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Bid Accepted. Expenditure Approved.

  • Motion to amend the agenda to go into Executive Session relative to Personnel – Open Council Position.

Mrs. Mills, seconded by Mr. Saponaro, made a motion to amend the agenda to go into Executive Session relative to Personnel – Open Council Position.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Agenda Amended.

Council went into Executive Session at 8:50 p.m.

Council reconvened at 8:54 p.m.

  • Motion to amend the agenda to vote for replacement for Ward 4 Councilman.

Mrs. Mills, seconded by Mr. Jerome, made a motion to amend the agenda to vote for replacement for Ward 4 Councilman.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Agenda Amended.

  • Motion to nominate George Williams as Councilman for Ward 4

Mrs. Mills seconded by Mr. Saponaro made a motion to nominate George Williams as Councilman for Ward 4.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried.

  • Motion to appoint George Williams as Councilman for Ward 4

Mrs. Mills seconded by Mr. Saponaro made a motion to appoint George Williams as Councilman for Ward 4.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. George Williams Appointed Councilman Ward 4.

Mayor Rinker administered the oath of office to Mr. Williams

Council President Marrie thanked everyone for coming tonight. The way good government runs is by people voicing their opinion and attending meetings. I wish we could have this kind of a crowd at every meeting. Please don’t be shy. Please return. Again, thank you for all that you have done.

Mr. Jerome encouraged people to get involved. The four applicants we had today, if you are not involved right now, there are plenty of committees out there. Rec Board is always looking for people. Activities Committee is always looking for volunteers and members of the public to get involved. We are a close knit community. We want to keep it that way. That’s why I think everyone who is a Village resident here likes that and that’s how we want it. Bringing up the point of transparency and where everyone comes from, remember that we are all residents here. We are all in this together. Are there motives out there? I don’t feel there are here. We have residents on Charter Review who are involved. It’s good to have that mix of people who are Planning and Zoning or Architectural Review Board. There are a ton of meetings. They deliberate for hours. I appreciate what the Charter Review Commission did. If you are able to sit on it next time, maybe we will see you in five years or on one of our Committees. Thank you.

ANY OTHER MATTERS:

Council President Marrie asked, are there any other matters to bring before Council this evening? There were none.

ADJOURNMENT

Mrs. Mills, seconded by Mr. Williams, made a motion to adjourn.

The meeting adjourned at 8:57 p.m. The next Council meeting is scheduled for Monday, September 21, 2015 at 8:00 p.m.