Council: March 20th 2017

MINUTES OF THE REGULAR MEETING OF COUNCIL
Mayfield Village Civic Hall
Monday, March 20, 2017 - 8:00 p.m.

The Council of Mayfield Village met in Regular Session on Monday, March 20, 2017 at Mayfield Village Civic Hall.   Council President Saponaro called the meeting to order at 8:00 p.m.

ROLL CALL: 

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

Also Present: Mayor Bodnar, Mr. Guidetti, Mr. Cappello, Sergeant Miller, Mr. Marrelli, Mr. Metzung, Assistant Fire Chief Girbino, Mr. McAvinew, Ms. Wolgamuth and Mrs. Betsa

Absent: Mr. Marrie and Mr. Wynne

The Pledge of Allegiance to the Flag was given.

OPEN PORTION:

For Public Comment (5-minute limit imposed by Chair)

There were no comments.

CONSIDERATION OF MINUTES:

Regular Council Meeting – February 20, 2017

Mr. Jerome, seconded by Mr. Marquardt, made a motion to approve the minutes as written.

Council President Saponaro asked, any discussion or changes?

There were none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Minutes of February 20, 2017 Approved as Written.

COMMENTS FROM MAYOR BODNAR

Thank you Joe.  There are a couple of things tonight.  First of all, please mark your calendars.  Our Town Hall Meeting on Finances will be on the evening of Monday, May 22nd.  It is likely there probably be a couple other topics which will be discussed.  I will keep you posted.  But please mark your calendars to attend.

The second thing is, Walter Haverfield is representing municipalities in the State of Ohio in a lawsuit which is challenging the State of Ohio’s current laws on small celltower placement.  Basically, the Ohio law removes the rights of municipalities to govern placement of small celltowers.  We are going to be participating in that litigation to gain control over those things.

For a Village our size, the flat fee for participation is $1,500 to Walter Haverfield.  Mark Guidetti/Joe Diemert’s office reviewed the situation and recommended our participation in the suit. 

That’s all I have for tonight.  Thank you.

DEPARTMENT HEAD REPORTS:

John Marrelli (Building) - We did a water testing of the water lines around the City. We did 9 locations.  We found that there is no traceable lead anywhere in town.  We did a dye test in this building which is one of the oldest buildings in town.  We had .001% which is not negligible.

  • Architectural Review Board – We met on the 9th.  We approved siding and fencing at 480 SOM, the Fappiano property.
  • Ordinance Review – We met last week and we went over the AED requirements for the Fire Department.  The Minutes are coming for that.
  • Planning and Zoning – We met on the 16th to discuss a conditional use permit and site plan for the Fappiano property at 480 SOM.

Mary Betsa (Council Clerk)

  • Records Commission – Patsy and I attended a seminar recently on the additions to the public records law.  A meeting of the Records Commission will be scheduled for mid-April.

Ronald Wynne (Finance) –There was no report, however, Council President Saponaro wished Ron well in his recovery.

Shane McAvinew (Parks and Recreation)-

  • Parks and Recreation Board- We met last week.  Garry Regan was in attendance to talk about The Grove and the entertainment series.  We also talked about the bandshell.  We are excited about The Grove schedule.  Also, this Thursday evening, the Cleveland Institute of Music presents “Catharsis Woodwind Quintet” at 7:30.  Anyone interested in coming down, it will be held in this room.
  • Senior Services – The Community Partnership on Aging has a movie scheduled for Wednesday, April 5th. April Foot Clinics are scheduled for the 14th and 28th.  There is a movie scheduled at Governor’s Village on Wednesday, April 19th, Of Mice and Men. The Clementine Trip is sold out.  CVS has a seminar scheduled for April 7th in the Civic Center.    We will be offering a balance class on April 19th.

Douglas Metzung (Service) – With the good weather of February and early March, it gave us a chance to try our new tree fertilizer.  We got over 60 trees fertilized.  We also did about 40-50 tree trimmings that we were able to do because of the good weather which is a little unusual for us to do in February.

Committee Reports:

Citizens Advisory Committee – Mrs. Mills – We had a presentation by Chad Salahshour regarding the 911 Cellular.  A mailing was sent to all Village residents about this.  Chief Edelman was also present at the meeting.  I asked him to give an overview of the workings of SPAN.  The Committee was very interested in that.   Our next meeting is this coming Monday the 27th.   Foster Brown, Naturalist from the North Chagrin Nature Center, will be presenting on the history of the Cleveland Metroparks, its Centennial Year celebration and current/upcoming projects.  He is an interesting gentleman.  He plays the fiddle too.

Finance Committee - Mr. Saponaro – We met on March 6th for Caucus as well as this evening. We had 24 items on the agenda.  Four of them have been deferred.  The rest of them were approved and will be discussed during the Old Business and New Business this evening.

Safety and Service – Mrs. Mills – Mr. Jerome brought up about raising the legal age for the purchase of tobacco to 21 years old.  He suggested putting that into Citizen’s Advisory, but I kind of think it should go to Ordinance Review or to our Legal Department before we pursue this.  I checked with Heinen’s.  Heinen’s does not sell cigarette. The only place we have selling tobacco products here is the True North station.  So, should we send this to Diemert’s office before it goes to Citizen’s Advisory?

Mr. Jerome replied, they already reviewed it.  They said we are able to put it in an Ordinance if we like.

Council President Saponaro stated, it’s really at our discretion.

Dr. Parker asked, what do neighboring communities do?

Council President Saponaro stated, that’s a question for the Ordinance Review Committee.

Dr. Parker stated, maybe our Law Department can let us know what other neighboring communities do.

Mr. Guidetti stated, I can take a look.  I am not aware of any other communities who have that kind of regulation.

Mr. Jerome stated, the City of Cleveland has it, Central Ohio, Columbus, 5 or 6 suburbs.  That’s part of the reason I wanted to reach out to the other communities.  I think it would be better if more communities, not just us, give a little more push behind it.

Dr. Parker stated, it might be something you might want to do with them.

Mrs. Mills stated, we only have one place selling tobacco.

Mr. Jerome stated, if I can stop one person from purchasing tobacco.

Mr. Marrelli asked, why don’t you go to the one vendor and ask them if they will voluntarily raise their age limit in this town since they are the only one who sells them in this town?  That would keep you from having to write a law and go through all the rigmarole of Ordinance Review and Council and putting a law into effect when they might voluntarily say yes, they will raise their age limit.

Council President Saponaro stated, you had brought up awareness. That can be done regardless of ordinance; that can be in a Voice of the Village article. We can make awareness in many ways.  It’s something we can work together on.

Mr. Jerome stated, right.  I think it is something for a Citizen’s Advisory meeting.

Council President Saponaro stated, Patsy, they want to come to Citizen’s Advisory, not about the ordinance itself, but more about the awareness and education.

Mrs. Mills stated, I think we need to get more information before we put it on.

Council President Saponaro stated, that is what they are going to do.  They are going to actually do a presentation.

Continuing with Safety and Service report, Mrs. Mills stated, we referred to the Finance Committee automatic doors openers for the Community Room for the main entrance doors, a new contract with the Community Partnership on Aging, poured in place repair at the pool and playground, replacement coverings/cables for the player benches at the softball fields, MARCS mobile radios and AED’s for the police cars and station. We also talked about Civil Service for the Service Department.

Going back to the previous discussion, Dr. Parker stated, I find it hard to believe CVS does not sell tobacco products.

Council President Saponaro stated, they stopped nationwide.

Dr. Parker stated, I never noticed it. That’s amazing.

Ad Hoc Committees:
In Committee Status Reports

  • Civil Service Commission – Mrs. Betsa reported that the Commission will be meeting tomorrow evening at 5:30.

OLD BUSINESS:

  • Third Reading of Ordinance No. 2017-03, entitled, “An Emergency Ordinance appropriating funds for current expenses and expenditures for Mayfield Village, Ohio for the period from January 1, 2017 and ending December 31, 2017 and declaring an emergency.” Introduced by Mayor Bodnar and Council as a Whole. (First Reading -  1/23/17; Second Reading – February 20, 2017) (Finance Department)

Mrs. Mills, seconded by Dr. Parker, made a motion to enact Ordinance No. 2017-03.

Council President Saponaro asked, discussion?   This has been vetted since the beginning of the year.  We also had discussions in Committee.  Anything else anyone would like to bring to the floor?

There were no further comments.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Ordinance Enacted.

  • Resolution No. 2017-03, entitled, “A resolution requesting the Cuyahoga County Fiscal Officer to adjust the amended official certificate of estimated resources for 2017.”  Introduced by Mayor Bodnar and Council as a Whole. (Finance Department).

Mrs. Mills, seconded by Dr. Parker, made a motion to adopt Resolution No. 2017-03.

Council President Saponaro stated, this is a companion to the previous ordinance.  Is there any other discussion?

There was no further discussion.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Resolution Adopted.

  • Second Reading of Ordinance No. 2017-07, entitled, “An Emergency Ordinance establishing the Parkview Recreation Complex Wages for the 2017 Season.”  Introduced by Mayor Bodnar and Council as a Whole. (First Reading – 2/20/17) (Recreation Department)

Dr. Parker asked, is there any necessity with going out and having people apply to have this done any quicker?

Mr. McAvinew stated, no. The primary revisions were the minimum wage changes. There is still a lot of flexibility to work with the ranges.

Ordinance No. 2017-07 remained on Second Read.

  • Second Reading of Ordinance No. 2017-08, entitled, “An Emergency Ordinance creating certain positions and compensation related thereto for the Village’s 2017 Summer Camp program.”  Introduced by Mayor Bodnar and Council as a Whole.  (First Reading – 2/20/17) (Recreation Department)

Council President Saponaro stated, the Finance Committee approved Ordinance 2017-07 as well as this one, but they will be going to three readings.   Our ability to hire has no effect on it.

Ordinance No. 2017-08 remained on Second Read.

  • Second Reading of Ordinance No. 2017-09, entitled, “An Emergency Ordinance authorizing and directing the Mayor and President of Council to enter into a Purchase Agreement to purchase the real estate located at 586 S.O.M. Center Road.” (First Reading – 2/20/17) Introduced by Mayor Bodnar and Council as a Whole. (Finance Department)

Ordinance No. 2017-09 remained on Second Read.

  • Second Reading of Ordinance No. 2017-10, entitled, “An Emergency Ordinance authorizing and directing the Mayor and President of Council to enter into a Purchase Agreement to purchase the real estate located at 570 S.O.M. Center Road.”  (First Reading – 2/20/17)  Introduced by Mayor Bodnar and Council as a Whole. (Finance Department)

Ordinance No. 2017-10 remained on Second Read.

Council President Saponaro stated, Ordinance 2017-09 and 2017-10 were approved by the Finance Committee, but they will go to Third Read at the April meeting.

NEW BUSINESS:

  • Motion to authorize expenditure in an amount not to exceed $9,544 to Cleveland Vicon for automatic door operators for the two main doors of the Community Room. (Administration)

Mrs. Mills, seconded by Mr. Jerome, made a motion to authorize expenditure in an amount not to exceed $9,544 to Cleveland Vicon for automatic door operators for the two main doors of the Community Room. (Administration)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approve.

  • Motion to authorize expenditure in the amount of $37,590 to Community Partnership on Aging for senior services for 2017. (Administration)

Mrs. Mills, seconded by Dr. Parker, made a motion to authorize expenditure in the amount of $37,590 to Community Partnership on Aging for senior services for 2017. (Administration)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approve.

  • Motion to authorize expenditure in the amount of $12,000 to OneCommunity for Annual Subscription Fee.

Mrs. Mills, seconded by Dr. Parker, made a motion to authorize expenditure in the amount of $12,000 to OneCommunity for Annual Subscription Fee.

Council President Saponaro asked, discussion?  This is for the broadband and fiber?

Ms. Wolgamuth replied, yes and all of our internet.

Council President Saponaro stated, and all of the internet.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approve.

  • Motion to acknowledge receipt of financial reports for February 2017 and to approve of same as submitted. (Finance Department)

Mrs. Mills, seconded by Mr. Jerome, made a motion to acknowledge receipt of financial reports for February 2017 and to approve of same as submitted. (Finance Department)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Receipt of Financial Reports For February 2017 Acknowledged and Approved as Submitted.

  • Motion to go out to bid for the sale of the former Parks and Recreation Director’s vehicle and the Building Department vehicle. (Finance Department)

Mrs. Mills, seconded by Mr. Marquardt, made a motion to go out to bid for the sale of the former Parks and Recreation Director’s vehicle and the Building Department vehicle. (Finance Department)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Bidding Approved.

  • Motion to authorize expenditure in the amount of $5,560.63 to The Walter H. Drane Company for codification services for legislation passed in 2016. (Finance Department)

Mrs. Mills, seconded by Mr. Marquardt, made a motion to authorize expenditure in the amount of $5,560.63 to The Walter H. Drane Company for codification services for legislation passed in 2016. (Finance Department)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $15,000 to Shade Systems, Inc. for replacement coverings/cables for six player benches at Parkview Softball fields. (Parks and Recreation)

Mrs. Mills, seconded by Mr. Jerome, made a motion to authorize expenditure in the amount of $15,000 to Shade Systems, Inc. for replacement coverings/cables for six player benches at Parkview Softball fields. (Parks and Recreation)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $12,500 to AquaSeal Resurfacing for poured in place repair at pool and playground. (Parks and Recreation)

Mrs. Mills, seconded by Mr. Jerome, made a motion to authorize expenditure in the amount of $12,500 to AquaSeal Resurfacing for poured in place repair at pool and playground. (Parks and Recreation)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $8,000 to Rosenberg Advertising for marketing and promotion for 2017 Grove season. (Parks and Recreation)

Mrs. Mills, seconded by Mr. Williams, made a motion to authorize expenditure in the amount of $8,000 to Rosenberg Advertising for marketing and promotion for 2017 Grove season. (Parks and Recreation)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in an amount not to exceed $8,000 to Sal Chemical for sodium hypo chlorite and muriatic acid for Parkview Pool. (Parks and Recreation)

Mr. Jerome, seconded by Mr. Marquardt, made a motion to authorize expenditure in an amount not to exceed $8,000 to Sal Chemical for sodium hypo chlorite and muriatic acid for Parkview Pool. (Parks and Recreation)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $21,451.84 to Motorola Solutions for MARCS mobile radios. (Police Department)

Mrs. Mills, seconded by Mr. Williams, made a motion to authorize expenditure in the amount of $21,451.84 to Motorola Solutions for MARCS mobile radios. (Police Department)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $20,800 to Physio-Control for AED’s for police cars and the station. (Police Department)

Mrs. Mills, seconded by Dr. Parker, made a motion to authorize expenditure in the amount of $20,800 to Physio-Control for AED’s for police cars and the station. (Police Department)

Council President Saponaro asked, discussion?

Dr. Parker asked, how many units?

Sergeant Miller replied, 10 units.

Council President Saponaro stated, okay, so we will include it as “$20,800 to Physio-Control for 10 AED units for police cars and the station.”

Mr. Jerome stated, I think what the Chief said, this is something other municipalities already have.  It is life-saving equipment.

Dr. Parker asked, these units are also very compatible when they go from the scene to the hospital.  They are not like the kind of unit you would buy for a consumer obviously, but it is what we have to have so we can maintain compatibility with all of the other services.

Council President Saponaro asked, anything else?

There were no further comments.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • First Reading of Ordinance No. 2017-13, entitled, “An Emergency Ordinance repealing Ordinance Number 80-66 in its entirety which authorized the Mayor of Mayfield Village to receive medical coverage under the Village’s policy at Village cost.” Introduced by Mayor Bodnar and Council as a Whole.  (Administration)

Ordinance No. 2017-03 remained on First Read.

  • First Reading of Ordinance No. 2017-14, entitled, “An Emergency Ordinance pertaining to the wages, benefits and other terms and conditions of employment for employees of Mayfield Village, Ohio for the calendar years 2017-2019, repealing all ordinances inconsistent herewith.” Introduced by Mayor Bodnar and Council as a Whole.  (Administration)

Ordinance No. 2017-14 remained on First Read.

  • First Reading of Ordinance No. 2017-15, entitled, “An Ordinance amending Chapter 153 of the Codified Ordinances of Mayfield Village, Ohio pertaining to employment provisions, repealing such ordinances as are inconsistent herewith and declaring an emergency.” Introduced by Mayor Bodnar and Council as a Whole.  (Administration)

Ordinance No. 2017-15 remained on First Read.

  • First Reading of Ordinance No. 2017-16, entitled, “An Emergency Ordinance ratifying the collective bargaining agreement between the International Association of Firefighters, Local 2619, and Mayfield Village, Ohio.” Introduced by Mayor Bodnar and Council as a Whole.  (Administration)

Ordinance No. 2017-16 remained on First Read.

  • First Reading of Ordinance No. 2017-17, entitled, “An Emergency Ordinance ratifying the collective bargaining agreement between the Fraternal Order of Police, Lodge #57, and Mayfield Village, Ohio.” Introduced by Mayor Bodnar and Council as a Whole.

Ordinance No. 2017-17 remained on First Read.

  • First Reading of Ordinance No. 2017-18, entitled, “An Emergency Ordinance to approve current replacement pages to the Mayfield Village Codified Ordinances.”  Introduced by Mayor Bodnar and Council as a Whole.

Mrs. Mills, seconded by Mr. Jerome, made a motion to suspend the rules of Council requiring an Ordinance to be read on three separate occasions.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Rules Suspended.

Mrs. Mills, seconded by Dr. Parker, made a motion to enact Ordinance No. 2017-18.

Council President Saponaro asked, discussion?    The reason why this is not going to go to Second Reading is that these are our Codified Ordinances.  The Prosecutor follows the laws that are in place.  These replacement pages are in compliance with the laws of the State of Ohio and if we have our own ordinances, then fines that are assessed to the accused do not come to the Village.  We put them on our books for two reasons, one, prosecution, and two, so we can correct the fines.

Mr. Jerome asked, we don’t have to pass them individually?

Mr. Guidetti replied, we are passing them all together.  This is something done annually by Walter Drane as a housekeeping measure.

Council President Saponaro asked, any other discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Ordinance Enacted.

ANY OTHER MATTERS:

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

Mayor Bodnar stated, I just wanted to mention that while there were not a lot of days of snow this winter, but on the days we did have snow, it was really bad.  I wanted to compliment the Service Department on the condition of our roads and maintenance.  Thank you Doug and the Service Department.

Mr. Metzung stated, I appreciate that.

Mrs. Mills stated, for the audience, we are now 2016 Tree City USA Residents of Mayfield Village. How do you like that?

Council President Saponaro stated, congratulations, good job.

Mrs. Mills stated, we planted more than 3400 trees.  We will be having an Arbor Day Celebration on April 28th at the Gazebo at 9:00.  The children from Center School will be participating as well as our Service Department.  Council is invited.  It is a nice ceremony.  I would like you all to attend.  It’s put on with Center School and Mayfield Village Garden Club.

Council President Saponaro stated, we have discussed at the beginning of year the issue with medical marijuana which is now becoming a hot topic in a number of communities.  There is an Ordinance that will be put in place, but we do want public comment at our next Caucus.  Tell us what you think.  We know what you think, but we don’t want to make an assumption.  If you would like to comment, please come to the meeting or send e-mails, call us, just let us know what your thoughts are.  If you could pass that along to your neighbors and friends as well, I want to make sure we are doing what we believe is what all of our citizens want as well.

ADJOURNMENT:

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

The meeting adjourned at 8:32 p.m.  The next Council meeting is scheduled for Monday, April 17, 2017 at 8:00 p.m.