Caucus: February 11th 2019

MINUTES OF A COUNCIL CAUCUS
Mayfield Village Civic Hall - Mayfield Village Civic Center
Monday, February 11, 2019 – 7:00 p.m.

The Council of Mayfield Village met in Caucus Session on Monday, February 11, 2019 at Mayfield Village Civic Hall in the Mayfield Village Civic Center.  Council President Saponaro called the meeting to order at 7:00 p.m.

ROLL CALL:          

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

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

Absent: Dr. Parker

PENDING LEGISLATION:

ORDINANCES:

  • 2018-22: An Ordinance Amending Codified Ordinance Section 1157.09 Relating to home occupations (First Read-12/17/18; Second Read-1/28/19)
  • 2018-32: An Ordinance Amending Codified Ordinance Section 1153.02 Relating to Classification of Uses (First Read-12/17/18; Second Read-1/28/19)
  • 2019-01: An Emergency Ordinance creating certain positions and compensation related thereto for the Village’s Summer Camp Program (First Read-1/28/19)
  • 2019-02: An Emergency Ordinance establishing Recreational wages. (First Read-1/28/19)
  • 2019-04:  An Ordinance appropriating funds for current expenses and expenditures for Mayfield Village, Ohio for the period from January 1, 2019 and ending December 31, 2019 and declaring an emergency. (First Read-1/28/19)

Council President Saponaro stated, we had a discussion on some of these.  Some are going to be moved to Third Reading for the February 25th Council meeting.  Does anyone have any questions or comments on any of these pending Ordinances?

There were none.

RESOLUTIONS:

  • 2019-09: A resolution requesting the Cuyahoga County Fiscal Officer to adjust the    amended official certificate of estimated resources for 2019. (1/28/19)

Council President Saponaro stated, this relates to our budget. Does anyone have any questions regarding this?

There were none.

MAYOR:

Mayor Bodnar stated, we have a very special occasion tonight which is going to be at our next meeting, but I would like to recognize Mr. Hughes and Mr. Hess from the Mayfield School Board.  I would like to thank also each and everyone in the community who came out on Saturday night for the Green Tie Gala to support our schools.  It was a wonderful evening.  It raised a lot of money for a great school system.  Thank you.

CLERK OF COUNCIL:

Upcoming Events:

  • Local Government Officials Conference – March 7-8, 2019
  • Northeast Ohio City Council Association Annual Dinner Meeting
    • Workforce Development:  Education, Equity and Transportation March 21, 2019

Mrs. Betsa stated, if anyone would like to attend either of the above upcoming events, let me know and I will make a reservation for you.

BUILDING:

  • Planning and Zoning Commission meeting (February 21, 2019)
    • Conditional Use Permit Renewals (to December 2020)

Mr. Marrelli stated, on Thursday the 21st, the Planning and Zoning Commission will be meeting to renew the 25 conditional use permits from 2018 to 2020.

Council President Saponaro asked, any questions regarding this?

There were none.

ENGINEER:

Mr. Cappello stated, I have two items on the upcoming construction season.  Wilson Mills Road is going to be resurfaced from SOM Center Road east to the corporation line with Gates Mills.  It’s going to consist of the milling of the road and then the existing gravel treated shoulders will be replaced with full depth asphalt shoulders so you won’t see gravel along the edge of the road.  It will be more aesthetically pleasing as well as safer and more functional.  The existing 4 foot asphalt walk will be replaced with a new concrete 5 foot wide walk.  That way the snow plow will now be able to maintain that section of that sidewalk.  Where failing drive culverts are encountered we are going to replace those along with the corresponding portion of the drive apron.  That horizontal curve between Village Trails and Echo Drive currently doesn’t meet highway standards so we are going to flatten that curve.  The process will be relocating the guardrail further to the south.  It will be more aesthetically pleasing.  Now Service can maintain it.  During this construction project, the plan right now is Wilson Mills Road will be closed to through traffic.  Local traffic will be maintained so anyone living on the side streets will still be able to use it, but you won’t have the traffic of people heading east.

Council President Saponaro asked, when is the anticipated start date?

Mr. Cappello replied, we are going to bid the project in March and award it in April.  So probably the end of April, beginning of May.

Council President Saponaro asked, approximately how long of a timeframe?

Mr. Cappello replied, I am in the process of figuring out what the limit will be for the closure but you are probably looking at a minimum of 30 to up to 75 days.  I have to work it out and will get you a more specific response by the next meeting.

Council President Saponaro stated, so happy Summer.

Mr. Cappello stated, yes.  And then the second project is going to be a standard road maintenance project through the Village where we are going to be doing some patching on Highland Road and resurface White Road and also do a little work at the Grove expanding the service drive parking lot and bringing some utilities in for the portable restrooms.

Council President Saponaro stated, okay.  I received a couple phone calls regarding aprons that have failed.  I know we can’t address them right now.  They have made calls to the Village.

Mr. Cappello asked, which streets?

Council President Saponaro stated, I don’t know.  She felt bad telling me so she did not want to give me her address.

Mr. Cappello stated, that’s fine.  We are in the process of looking at some issues.  There’s some on Bonnieview.

Council President Saponaro stated, that’s what it was.  Bonnieview.

Mr. Cappello stated, there’s some heedingggg going on.  Some are minor.  Some are major.  We are in the process of working with Fabrizzi who did that work.  We are still under the bond.

Council President Saponaro asked, okay, so that’s not something that would be taking place now anyways.  We have to wait until it’s warm, spring or summer.

Mr. Cappello replied, right.

Council President Saponaro stated, okay.  Very good.

FINANCE DEPARTMENT:

  • 2018 True-Up Report liability (Bureau of Workers’ Compensation - $13,054)

Mr. Wynne reported, this is to request approval for an expenditure to the Bureau of Workers’ Compensation for $13,054 for the 2018 True-Up calculation.  What this represents is in January when we pay our premiums to the Bureau it is based upon estimated payroll dollars for that year and then once the year ends we are required to go through actual calculations based on actual payroll and make up the difference.  So for 2018, $13,054 is the difference we need to pay by February 15th.

  • 2019 Solar Electric Service at Police Station per Power Purchase Agreement of 9/8/10 (expires 4/30/20)  (JEMM Properties Management, Ltd. - $11,000)

Mr. Wynne reported, this is for approval of an expenditure for 2019 to Jemm Properties Management for the lease payments on the solar panels at the Police station.  Just to remind Council, we have an 8-year lease agreement on those panels that expires on April 30, 2020.  At that point in time we will have the option to either purchase the panels at fair market value or to continue leasing them.  We will take a look at that when the expiration date rolls around.

  • Employee Dental Plan
  • Employee Life Insurance

Mr. Wynne reported, the employee dental plan with Delta Dental and the employee life insurance with MetLife are up for renewal on April 1st.  We have gotten renewals from both of them with 0% increases.  We have had no increases on either of those since April 1, 2015.  We will be putting forth legislation to approval the renewal of those plans.

  • Mail Machine/Envelope Printer Lease Agreement

Mr. Wynne reported, we have this under a 5-year lease term that expires on March 19th.  We met with the vendor Neopost.  There are two options. We looked at the option to buy out the existing machine and continue to maintain it versus leasing a new machine.  To lease a new machine for another 60 months, it would only be an additional $11.47 a month.  Looking at the option to purchase, if we did that over a 5-year period of time, the cost to purchase would be about $4,000 extra, so it would be more expensive than the cost to lease a new piece of equipment.  We will be requesting Council to approve a new Lease Agreement with Neopost which is on State contract pricing for a new mailing machine and envelope printer.

  • Repealing and replacing the current FMLA Policy

Mr. Wynne reported, this legislation is to repeal the current FMLA Policy that is in place.  In working with our labor attorney and cleaning up some of the personnel policies, this is one of the ones that we had to do some updating to.  The changes that are minor.  One is the measurement period.  We used to measure FMLA leave for employees on a calendar year basis when it really should be measured on a 52-week basis starting with the first day of the leave.  So we are amending the policy for that.  Also, currently employees are required to use sick time first and then after that, vacation or comp time.  We are going to allow the employees the option to choose how they want to use their time when they do go on leave.

  • NOPEC Energized Community Grant(s) for 2019

Mr. Wynne reported, we have been awarded $14,106.  Once we receive these funds, they are going to be used to reimburse us for the LED project we did at the Fire Station at the end of last year.

Council President Saponaro asked, does anyone have any questions regarding any of these items?

There were none.

FIRE DEPARTMENT:

  • Annual Hydrant Fee – 2019 (Cleveland Water Department-$9,294.58)

Chief Carcioppolo reported, this is the annual hydrant fee for Cleveland Water.  This is different from what they quoted us originally.  I went out and personally counted every hydrant and made them change the amount.  This amount is reflective of that minus about 40 hydrants which is what they tried to bill us for.  This is an updated invoice from the Cleveland Water Department.

Council President Saponaro stated, I am sure it was just a typo.

Chief Carcioppolo replied no it wasn’t.  I talked to our engineering department.

  • HHTRT 2019 Annual Contribution (City of Shaker Heights - $5,400)

Chief Carcioppolo reported, this is our 2019 contribution to Hillcrest Heights Technical Rescue Team for our regional technical rescue team.  The contract was approved two years ago.  This is the 2019 contribution.

Chief Carcioppolo stated, I also sent you a memo updating you on the roof and air conditioning project.  Those are going out to bid this week.  I will be coming back to you in March to request approval for that, especially the air conditioning.  We want that to be done before it gets hot out.

Council President Saponaro asked, are there any questions regarding any of these items?

There were none.

LAW DIRECTOR:

Legislation:

Mr. Coyne reported, there are several items that will be up for consideration by Council that have been newly drafted.

  • Ordinance 2019-06:  Amending Codified Ordinance Section 337.27 – drivers and passengers required to wear seatbelts

Mr. Coyne stated, this relates to drivers and passengers in vehicles wearing seatbelts, or what is otherwise known as occupant restraining devices.  If this were passed in the current form it would make it not a secondary offense, but you could be ticketed for not wearing a seatbelt.

  • Ordinance 2019-07:  Repealing and replacing Codified Ordinance Section 331.43 relating to cellphone use while driving

Mr. Coyne stated, this is revisions to Section 331.43 which is using a cellphone while driving a vehicle.  There are provisions on a parked vehicle versus a moving vehicle.  That also could be a primary citation if someone is doing that.

  • Ordinance 2019-08:  Repealing Codified Ordinance Section 331.44 electronic wireless communication device while driving prohibited

Mr. Coyne stated, this one is somewhat related to the one above it.  It would repeal the provision on electronic wireless communication devices while driving being prohibited.  Now it really is the cellphone and other types of tablets that are being used.  Everything from telecommunications to e-mails to your phone.  Those are all items that we are going to look to have modified.  They are in your packet.  If you have any questions, I would be glad to answer them.

Council President Saponaro asked, with the proposed seatbelt legislation, does the State of Ohio require it to be a secondary offense?

Mr. Coyne replied, it’s secondary.  We have become more consistent with other communities by having it as a primary offense.

Council President Saponaro stated, okay so we are looking to have that as a primary offense and an opportunity to stop for that reason.  With regard to the cellphone use, we are not talking about hands-free or emergency, we are talking about texting, even if you open your phone up and are looking down?

Mr. Coyne replied, right.  The tricky part with that is there are occasions where someone has it hands-free but they are holding their phone as well.  That would be a violation.  Again, that’s a judgment call for the officer.

  • Ordinance 2019-09:  Repealing and replacing Codified Ordinance Chapter 1185 relating to sign regulations

Mr. Coyne reported, this is the sign ordinance.  We have made several revisions to the sign ordinance.  As you may or may not know, the Supreme Court two and a half years ago made some fairly distinctive changes to the sign ordinances that communities are allowed to have.  They are much stricter at making sure that the sign ordinances are content neutral.  There are some provisions about political signage.  Some of the provisions about what’s in a sign now more or less should be off limits from the Code. It should be based solely on dimension, size, and setbacks.  Some aesthetic conditions could be given some consideration but the Supreme Court in Ohio has also followed that in finding that aesthetic and traffic safety reasons to limit the installation of political signs is regulating content.  We tried to make it based purely on the zoning code, sideyard setback, square footage of signs, size of signs, different regulations for signs and residential versus commercial districts in the Village as well as the types of signs, internally illuminated, externally illuminated, just painted signs, wall mounted signs.  Feel free to take a look at that at your leisure and if you have any questions, I would be glad to answer them.

Council President Saponaro stated, great.  And I would imagine other communities are adopting similar legislation?

Mr. Coyne replied, a lot of the communities have adopted sign ordinances that are more consistent with the neutral content component.  We have looked at other sign ordinances in other communities as well.  We also added a provision concerning non-conforming signs so they are grandfathered in and that there can be a way to make sure the signs are maintained without depriving the owner of their right to have a non-conforming sign for a period of time.  I would be happy to answer any questions that you have.

Council President Saponaro stated, okay.  Does anyone have any questions regarding any of these ordinances?

There were none.

PARKS & RECREATION:

  • Fireworks – 2019-2021 (American Fireworks-$20,000 for 2019) (Resolution 2019-15)

Mr. McAvinew reported, 2018 was the last year for the American Fireworks Agreement for the annual fireworks show.  We went out to five companies and received proposals from three companies.  Upon evaluation of the proposals, all individuals were qualified.  It came down to the value of the show.  American Fireworks by far exceed the value of the other companies.

  • Parkview slide bolt repair (Cianci Construction - $8,250)

Mr. McAvinew reported, as you can see on the drawings I submitted, the anchor rods are deteriorated.  They need to be addressed.  What the structural engineer came up with was to remove the corroded anchor rods, clean up the existing drilled pier foundations and then to drill new holes as a support.  It’s 20 years old.  Chlorine, water and eroded air have deteriorated it dramatically.  I asked for three proposals.  I only received two.  One declined to offer.  The low bidder was Cianci Construction for $8,250.

  • Entertainment brochure – 2019 (PM Graphics - $6,088.42)

Mr. McAvinew reported, this brochure would feature all of the great events we have in the Village.  This year we needed to add a page due to sponsorships received from different community businesses and organizations which will actually cover the cost of the printing of the brochure.  I believe we have dedicated nearly $7,000.  This will cost around $6,000 to print.  There will be additional mailing costs to mail it out, but having $7,000 to cover a good portion of it does help a lot.   Does anyone have any questions?

There were none.

  • State of Ohio NatureWorks Grant Program

Mr. McAvinew reported, as you know, we received a grant in the Fall for $150,000 towards the playground at Parkview.  This is to enter into that Agreement with them.  We would have two years to complete the project.  We also have a grant currently out with the Land and Water Conservation Fund.  Normally we find out in March, but with the transition at the State this year, it may be a little bit longer.  Right now we currently have the project budgeted for 2020.

Council President Saponaro stated, all right.  Very good.  Any questions on that?

There were none.

Mr. McAvinew added, I do have a couple more things.  In March, there will be a couple items that will be coming up.  The pergola at Parkview Pool will be addressed.  It will be a project coming up.  It’s 20 years old and deteriorated.  Also in March, the Grove landscaping, chemicals for Parkview Pool and signage for the Grove and the Parkview Recreation area will be on the agenda for March.

Council President Saponaro stated, all right.  Thank you.  You did a very nice job of providing us with information.  Anything you can provide us will be terrific.  We appreciate that.

Mr. McAvinew stated, thank you.

POLICE DEPARTMENT:

  • Suburban Police Anti-Crime Network (“SPAN”) dues - 2019 ($25,000)

Chief Matias stated, the only item we have is the Suburban Police Anti-Crime Network annual dues for 2019 for $25,000.

Council President Saponaro stated, pretty much housekeeping.

Chief Matias replied, right.

Council President Saponaro asked any questions?

There were none.

SERVICE DEPARTMENT:

  • Ratification of Cuyahoga County Solid Waste Management Plan

Mr. Metzung stated, I will try not to take 45 minutes for this report.

Council President Saponaro stated, we appreciate that.

Mr. Metzung stated, this is for the Cuyahoga County Solid Waste Management Plan. They are required to have a Management Plan for their waste and recycling.  The changes for this current plan are minimal other than in 2023, they will have a .50 increase for our per ton tipping fee.  We are currently at $1.50 a ton tipping fee.  It will be raised to $2.00.  The average throughout the State is $4.50.  Cuyahoga County is low.  The County needs 60% of the communities within Cuyahoga County, 59 communities to ratify it along with the City of Cleveland.  Otherwise, the Ohio EPA will come in and do their own management plan and won’t ask for permission.

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

There were none.

ANY OTHER MATTER BEFORE COUNCIL

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

Mr. Wynne stated, just real quickly, you mentioned earlier the legislation for the budget.  Council was provided with copies of the budget in their packets this past weekend by hard copy and electronically if requested.  If you have any questions as you go through it, please feel free to contact me.  I am not sure as Council how you want to handle the budget process up until the time that we approve it in March.  It’s in your hands now.

Council President Saponaro stated, okay.  Very good. Any questions regarding that?

There were none.

Council President Saponaro asked, anything else?

There were no further matters.

There being no further matters, the meeting concluded at 7:21 p.m.