Caucus: July 2nd 2018

MINUTES OF A COUNCIL CAUCUS
Mayfield Village Civic Hall - Mayfield Village Civic Center
Monday, July 2, 2018 – 7:00 p.m.

The Council of Mayfield Village met in Caucus Session on Monday, July 2, 2018, 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. Schutt, Mr. Saponaro, and Mr. Williams

Also Present: Mayor Bodnar, Mr. Wynne, Mr. Coyne, Assistant Fire Chief Girbino, Chief Edelman, Mr. Cappello, Mr. McAvinew, Mr. Metzung, Ms. Wolgamuth, and Mrs. Betsa

Absent: Mr. Marrelli

MAYOR:

Mayor Bodnar stated, on behalf of the Mayfield Village community, I wanted to extend our sympathies to the family of Officer Mathew Mazany and the entire Mentor community.  We stand with Mentor in solidarity.  As Mentor does, we have been giving our First Responders all of the training and equipment that we possibly can.  Our sympathies go out to all of Mentor and the officer’s family.

Secondly, on a little bit lighter note, I would like to congratulate Shane McAvinew and the Rec Department, Doug Metzung and the Service Department, Rich Edelman and the Police Department and Gino Carcioppolo and Mike Girbino and the Fire Department for working together to carry out a very successful event Saturday for our Fourth of July Celebration and wonderful fireworks.  Thank you very much.

FINANCE DEPARTMENT:

  • 2019 Tax Budget

Mr. Wynne stated, on the July Council agenda will be approval of the 2019 Tax Budget.  This is a requirement for County purposes.  It’s a very rough draft of a budget so that the County can see how we want to have our property tax dollars budgeted for next year and to make sure we have enough money allocated to make our debt payments when they come due.  It’s an annual requirement.  It’s required to be approved by July 16th and filed with the County by July 20th.

  • Street Lighting Assessments

Mr. Wynne stated, I am going to have this on the agenda this month and next month just as a reminder that these expire this year.  We have decided that we are not going to put these forth again for renewal.  If you decide that in fact we do want to put them forth, we would need to do so by September so that we can get the information to the County for tax assessment purposes.

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

There were none.

ENGINEER:

  • Concrete Pavement and Catch Basin Repair Program

Mr. Cappello stated, last year we applied for some grant money for reimbursement of the material cost to do some repairs on County roads. County roads in the Village are Lander Road and Wilson Mills Road. We did receive money to do that and also some crack sealant.  What’s on the agenda tonight is concrete pavement repair.  We are going to be doing a small amount of repair on Lander and a slab or two on Wilson Mills. Also, we are going to be doing catch basin repair on SOM Center south of Seneca.  You will notice on the west side of the road there’s those concrete, they call them coffin slab inlets, a lot of the edges have been damaged over the years so we are going out to bid to repair those.

  • 2018 Street Striping Program

Mr. Cappello stated, we will be receiving those bids next Friday and will have them for the Council meeting.

Council President Saponaro asked, does anyone have any questions?

There were none.

LAW DEPARTMENT:

Legislation:

  • Ordinance 2018-22: Home Occupations

Mr. Coyne stated, this is a draft ordinance amending home occupations within the Village.  Part of the reason for this, the prior language was permissive in nature, just giving examples of home occupations which are permitted.  It didn’t provide really much in the way of limitations.  We changed that language.  I would also like Council to just pay attention to some of the listed uses. We did a limited recommend, eliminating bail bondsmen within the home occupation listing, but there are a lot of other uses that are somewhat archaic but they are still consistent I suppose, but you may want to take a look and see if something should be deleted or any should be added.

Council President Saponaro asked, is there a way to rewrite the home occupations?  It doesn’t have to list what you can’t have, but it can say as long as they do not do the following, more along those lines?   Are there other communities that do it differently?

Mr. Coyne stated, it’s not uncommon to have permitted home occupations, but then if you look farther down in the drafted ordinance, it gives the Planning Commission some discretion to look at other similar uses that might be permitted so you could do that. It’s within the zoning code.

Mayor Bodnar stated, it’s certainly possible that we could add to this list or change this list.  Even after the few changes that we made, some this is very antiquated, typing services, it’s kind of funny when you read it, but obviously we do want to bring things up to date.  There may be some uses that you can think of that should be on here.  Some of these things also may be begging for some definition, like workers.

Council President Saponaro stated, or consultation.

Mayor Bodnar stated, consultations services, things like that.  So this precedes some thought and certainly we could add to this list and then as Tony said, we can go to Planning Commission if they want to do something different.

Council President Saponaro asked, anyone have any other comments or questions?

There were none.

  • Ordinance 2018-23: Drainage and Infrastructure

Mr. Coyne stated, Diane may explain this a little bit more than me because that predated my time here as Law Director.

Ms. Wolgamuth stated, I provided Council with a memorandum about the work that we did last year to update the Drainage & Infrastructure ordinance.  Apparently this never got to Council. We did the work.  We went to the Drainage & Infrastructure Committee.  They were pretty pleased with the changes we were proposing to the application form and there’s an evaluation form that the Committee issues and I think just in the transition between the law departments, we thought it had come to Council and been approved when in fact it never had.  That came to light as an application has come in to the Committee and the Committee wants to meet to evaluate that application and they realized that the ordinance had never been changed.  The changes to the ordinance were done by Mr. Diemert’s office last fall and so we really didn’t make any changes to it, but the Law Department has recommended that the changes to the ordinance be adopted prior to the current application being processed.

Council President Saponaro asked, yes, Mr. Coyne?

Mr. Coyne replied, yes, that’s correct.

Council President Saponaro asked, any other discussion items?

Mr. Coyne replied, yes, just a couple other items. I left with Council’s packet just a summary article written by my colleague, Jim Budzick, who is a labor employment specialist at the firm.  It’s regarding the Janus decision which just came down from the United States Supreme Court which will basically change the fair share agency fees from being mandatory to be deducted from payroll to be voluntary. It’s a First Amendment case essentially.  There’s other legislation within the State of Ohio which it could also have an effect on and how that gets done.  It won’t be an issue for those not within a union, not within a collective bargaining group, and how they would participate and issues related to their employment.  I just thought you would find that article interesting.  It is a significant change to Ohio’s collective bargaining rules which will be impacted significantly.  If there are any questions on that, I can answer them.

Council President Saponaro asked, anybody?

There were none.

Mr. Coyne stated, the other thing I talked to Mary Beth about has to do with the small celltower. The legislation has been passed which will be changing the small celltower regulations this year.  We already have restrictions in place so the celltower issue for the Village is something we are going to want to look at to get some legislation that would go through the Building Department rather than zoning that could be adopted pretty quickly.  Some communities are adopting policies.  Some are adopting regular ordinances in terms of height and number.  The Village could have up to 15 requests made for celltowers.  The recommended height limitation is 40 feet for these small celltower units.  We have taken a look at that.  There are some changes regarding how they are permitted, whether they go on municipal facilities.  Quite frankly the State legislature’s pre-empted a lot of the Village’s ability to keep them out.  So you can regulate some design issues if they are on municipal property.  You can regulate certain height, locations, and distances making sure the celltower would not be in a location where it could fall down on to adjacent property.  We will be drafting probably an entire chapter to be included in the Village ordinances.

Council President Saponaro asked, does anyone have any questions on this?  How do we deal with celltowers right now?

Mr. Coyne replied, the State still precludes a lot of regulatory issues with it, but right now we have a solid celltower regulation.  These are going to be smaller towers and you are going to be dealing with them in right of ways now where you used to be able to keep them out of certain right of ways.  It’s opening up the use of the smaller towers.  I am not that familiar with the technology, but as I understand some of it, it improves coverage without putting up the enormous towers, but in the 271 corridor, you are going to see some pretty large towers coming up in the right of way.

Council President Saponaro stated, keep us posted.  Anything else?

There were no further comments.

PARKS & RECREATION:

  • Senior Snow Removal Program – 2018-2019

Mr. McAvinew stated, it may be 90 degrees outside, but we are looking forward to the Winter.  We have gone out to bid and will get proposals next Friday.  We will report following that.

Council President Saponaro asked, any questions?

There were none.

POLICE DEPARTMENT:

  • Approval to declare the following two police cars as surplus and to list them on govdeals.com for sale:
    • 2015 Dodge Charger; VIN: 2C3CDXAG3FH753694; mileage: 105,557
    • 2007 Ford Crown Victoria; VIN: 2FAFP71W27X147469; mileage: 55,057

Chief Edelman stated, I am asking Council for approval to declare two of my old police cars as surplus so that I can list them on govdeals.com.  These have already been replaced by newer cars earlier this year.

  • Resolution 2018-30: Agreement for SRO

Chief Edelman reported, this the Memorandum of Understanding that the Law Department drew up for the School Resource Officer.  We discussed this at length last month and I can entertain additional questions if anyone has any at this point.

Council President Saponaro asked, does anyone have any questions regarding the School Resource Officers?

There were none.

Council President Saponaro added, thanks Diane.  I know you pitched in to help get this done.  We appreciate it.

SERVICE DEPARTMENT:

  • Purchase of two pick-up trucks (Walt Sweeney Ford $52,884.00 - State purchasing)

Mr. Metzung stated, I am looking to purchase two new pick-up trucks from Walt Sweeney Ford on the State bid process to replace two 2008 pick-up trucks.

  • Purchase of 2 new plows (Best Truck – $9,988.00 - State purchasing)

Mr. Metzung stated, I would like to purchase two new plows for the new trucks from Best Trucks at $9,988.  It’s really not on State purchasing, but they are the lowest bid of the three we went out and looked at.

  • Trail boardwalks - power wash and apply sealant (HICAP Renovations - $10,770)

Mr. Metzung stated, this is for our trail boardwalks and railings along the Greenway Trail.  It’s approximately 22,000 square foot of wood out there that we are going to stain and seal.  This is not a budgeted item so we will have to make some provisions to do this at some point.

Council President Saponaro asked, what was the catalyst?  How did this come about?  Why did you decide you needed to do it?  Did people get splinters?

Mr. Metzung replied, it was a request of Administration.

Council President Saponaro asked, is there any particular reason why we have to do this?

Mr. Metzung replied, to protect the wood.

Council President Saponaro asked, so when they were installed, they were installed untreated, unstained?

Mr. Metzung replied, correct.

Mr. Cappello replied, they were treated.  They were all pressure treated lumber.  It’s just that it’s been a while.  You have seen decks as they age.  The light is their enemy.  This will help it from becoming dingy.

Council President Saponaro asked, so this will be something we will have to put in the budget for every 4-6 year cycle?

Mr. Metzung replied, every 4 years.

Council President Saponaro stated, so it’s going to be really a future maintenance item.

Mr. Metzung replied, correct.

  • Going out to bid for a new sidewalk plow tractor

Mr. Metzung stated, we are going to be replacing a 20-year-old machine that we currently have.  Bids have been coming in at around between $100,000-125,000.  Highland Heights just went out for bid for this so we have a pretty good idea of what the cost is going to be for that.

Council President Saponaro asked, and that’s budgeted?

Mr. Metzung replied, yes, $125,000.

Mr. Metzung stated, the last item is, you are all familiar with the work going on at Beecher’s Brook restoration and in that area there’s a bioretention cell that was put in when SOM Court Development went in.  It is our responsibility to maintain that.  We went out today and had the contractor on-site scratch off some of the materials so we can see what we are working with.  It’s approximately 12-13 years old.  The top 4 inches of this material is starting to become a little more pervious than you would like it.  You want it to be real sandy and it’s starting to get a clay kind of from the sediment.  I went out and asked the contractor on site to give me a price to remove that top 4-6 inches and redo it and that will put us back in to shape for the next 15-20 years.

Council President Saponaro asked, what does this look like?  If I went to go see it, what am I looking at?

Mr. Metzung replied, it looks like it’s a bunch of overgrown grass.

Mr. Cappello stated, the cell was designed to treat water quality.  The outlet’s about 12 inches higher than the existing ground around it.  It’s designed within 24-48 hours after it stops raining to percolate into the ground.  What’s happened over time is, again plants grow and we have sediment.  As part of the maintenance every so often they recommend you remove so much off, the stuff that’s clogged.  Now we are going to be putting back special soil mix. You will top it with about 3 inches of mulch and put some plantings back.  We probably wouldn’t plant it as dense as it originally was.  That was one of the first ones we have ever done in the Village, so it’s kind of an experiment.  It actually was performed pretty good. We had the EPA out there, Chagrin River Watershed Partners out there.  They were both pretty pleased.

Council President Saponaro asked, so we have another one over at Wiley Park?

Mr. Metzung replied, correct.

Mr. Cappello stated, there’s multiple ones.

Council President Saponaro stated, I remember that one specifically with the plantings and so forth.  When you scrape off, are you basically going to be doing the entire land so it’s kind of like a fresh –

Mr. Cappello replied, right.  You will get a cleaner area.

Council President Saponaro asked, how often will this-

Mr. Cappello replied, it was finished in 2006.  Here we are 12 years later.  It doesn’t really need to be done.  We are kind of on the border, but since they are there, and to get to this particular cell it would be very difficult in the future.  This makes total sense to do it now while they are there.

Council President Saponaro asked, do we have a map or listing of the cells we have?

Mr. Cappello replied, yes.

Council President Saponaro asked, can you get that for Council and provide it for us so we understand what it is?

Mr. Cappello replied, yes.

Council President Saponaro stated, terrific.  Awesome.  Anyone have any questions regarding this?

Mr. Marquardt asked, how much will it cost to do all this?

Mr. Cappello replied, for this particular one?

Mr. Marquardt replied, yes.

Mr. Metzung stated, we don’t know.

Mr. Marquardt asked, can you guess?

Mr. Metzung replied, no.  I don’t think it’s a giant job.  I couldn’t tell you what the material costs are.

Mr. Cappello asked, do you want some ballpark number?  Between $10,000 and $20,000.

Council President Saponaro asked, but Doug, you are going to get that information from the people that are there right now?

Mr. Metzung replied, the contractor there on site is River Reach.  He specializes in this type of work.  They are going to get me a price for the next meeting because they will be getting ready to pull out after that.

Council President Saponaro asked, any other questions on this?

There were none.

ANY OTHER MATTER BEFORE COUNCIL:

Council President Saponaro asked, any other matters?

Dr. Parker asked, can I ask one question?

Council President Saponaro replied, you sure can.

Dr. Parker stated, it has to do with Wilson Mills and the construction.

Council President Saponaro stated, he can give you an update.

Dr. Parker stated, that would be great to get an update, but I noticed they have two police officers there which is great, but I am wondering, I have seen other locations or places where there are flagmen.  Do we need two police officers?  Could we do one police officer and one flagperson?  I don’t know what it’s costing us.  I am sure it is budgeted.

Mr. Cappello stated, with regard to the sanitary sewer, the mainline was installed.  Today they finished the last connection.  I think there were 6, two long and four short connections there. In the plan we specify that they had to have two law enforcement officers, one on either end.  I think it’s worked well.  The first day was a little bit crazy because they had to cross Wilson Mills.  But as they have been working, it seems to be working well.  The two police officers, I would just rather have.  People tend to be a little bit more responsive when they see the police cars and lights.  It was in the contract.

Chief Edelman stated there are a number of reasons, but like Tom said, people are more responsive when they see a police uniform.  If you are trying to save a couple pennies by having one flagman and one police officer, I think you are going to shoot yourself in the foot by doing that.  It’s a matter of safety to have police officers directing traffic because we know what we are doing.  Flagmen don’t necessarily know what they are doing.  They are there to work on the project.  They are not there to direct traffic.  We are. We know what we are doing.  We have tried in the past when they tried to shortcut their way around it by not having officers there.  It just doesn’t work.  It just creates more problems by them trying to do it without.  It just doesn’t work.  That’s why we specific it in the specs that they should have two.

Dr. Parker stated, okay.  I was just curious and wanted to know.

Mr. Cappello stated, no, no, that’s fine.  Again, it was in the bid, so it’s not costing us extra.  It’s part of the project.  Also, to give you a quick update. I believe they finished the last connection today.  Tomorrow they are going to begin excavating the top of the trench.  They did the mainline and crossovers and they are going to be putting down the two or three inch layer of asphalt to get a smoother ride to get us through the rest of the summer until we do the major repair which will be done when we do Robley and Thornapple.  That took a little longer than we thought but again the ground conditions here have been kind of crazy.  It’s unexpected but they have actually done a good job working through it.  They are going to be starting stormsewers probably after this week on Robley.  I think they started already on Thornapple.  It’s moving along.

Council President Saponaro asked, the work on Thornapple being done right now?  Can you give us an update on that?

Mr. Cappello replied, the mainline sewer is installed.  The connections have also been installed.  They are starting installation of the storm sewers.  There’s a stormsewer going to be replaced on both sides of Thornapple, each side of the street. There’s an existing stormsewer on both sides that were built when the subdivision was built, mainly collect septic system and some other stormwater also.  We are replacing those and upsizing them to meet current standards.  At Robley, there’s already a stormsewer on the east side of the road.  We are going to be installing one on the west side. There was some flooding in the past so they decided to take this opportunity, the sewers weren’t sized to meet the current criteria so they just put a parallel system down.  We are putting new waterlines in both of those streets.

Council President Saponaro stated, thank you.  What I did notice as a resident on Oakwood is we have cut through traffic.  We get a lot of high speed coming around, coming down Oakwood, unhappy about something, I am not really sure, but tonight there was a lot of unhappy people because they were whipping around the corner.  I don’t know what we can do about that; put down a-

Chief Edelman stated, I will have it monitored.

Council President Saponaro stated, I am more worried about the safety of the kids. Anything else?  Any other matter before Council?

There was none.

There being no further matters, the meeting concluded at 7:26 p.m.