Caucus: June 3rd 2019

MINUTES OF A COUNCIL CAUCUS
Mayfield Village Civic Hall - Mayfield Village Civic Center
Monday, June 3, 2019 – 7:00 p.m.

The Council of Mayfield Village met in Caucus Session on Monday, June 3, 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, Dr. Parker, Mr. Saponaro, and Mr. Williams

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

Absent: Mr. Schutt, Mr. Marquart and Mr. Cappello

PENDING LEGISLATION:

ORDINANCES:

  • Ordinance No. 2019-10, entitled, “An emergency Ordinance amending Chapter 1335 of the Village’s Codified Ordinances adopting the International Property Maintenance Code, 2018 Edition.”  Introduced by Mayor Bodnar. (First Read – April 15, 2019; Second Read – May 20, 2019) (Building Department)

Council President Saponaro stated, this will go to Third Read on June 17th.  Does anyone have any questions on this?  It’s a housekeeping measure.

There were none.

  • Ordinance No. 2019-14, entitled, “An Ordinance authorizing and directing the Mayor and President of Council to enter into an Economic Development Incentive Grant Agreement between the Mayfield Community Improvement Corporation, Mayfield Village, Ohio, and OMNI Systems, Inc.” Introduced by Mayor Bodnar. (First Read – May 20, 2019) (Administration)

Council President Saponaro asked, does anyone have any questions on this?

There were none.

MAYOR:

Mayor Bodnar stated, I just wanted to thank everyone who participated in and helped out with the Memorial Day services on the Sunday of Memorial Day weekend. We had a great attendance.  Special thanks to Mary Singer who really puts her heart and soul into organizing and presenting this every year.  It turned out well.  We had a good crowd.  The weather looked like it was threatening, but people still came out. We appreciate that.  Thank you.

COUNCIL PRESIDENT:

Council President Saponaro stated, first of all, we have birthdays for Mayor Bodnar and for Steve Schutt this month.  We wish you a Happy Birthday in advance.  I am sure we will follow up at the next meeting as well.

Secondly, I received an opinion from the Ohio Ethics Commission.  It was published in their newsletter.  It is Advisory Opinion 2018-02.  It talks about the fact that Council members are prohibited from voting, deliberating or participating in discussions or otherwise using his or her official authority or influence with regard to public infrastructure and improvements which would provide a definite particular financial benefit to his or her property interest.  

The exception is is Council is not prohibited from participating in matters which they receive a benefit provided a uniform benefit is realized by the entire political subdivision or a large portion of it or in this case a Ward.  So, for example, if one of us went before Drainage and Infrastructure and it was approved by that Committee and it needed to be approved here, that Councilperson would have to recuse themselves from voting because it does affect them or give them a benefit to their individual property or few properties in that area.

Mary Beth will make a copy of this and have it in packets.  Also, now the Ohio Ethics Commission has all of their formal and informal Advisory Opinions on their website.  In the past, you have had to call and ask for them.  They have updated that.  I wanted to bring this to everyone’s attention.  We will provide copies to Administration as well as all Council.  Does anyone have any questions on this?

There were none.

Council President Saponaro continued, with regard to the Sandalwood light, because this neighborhood is being impacted by the Wilson Mills project, it is extremely slow, especially when you are turning left.  I have received a few comments on it.  Residents have said, we would not mind coming up Sandalwood, but you sit and wait at the light for a pretty long period of time.   Understanding that the fire station is right there and you don’t want to impact our safety services, but if there’s something you can do, Chief Matias, to look at that, that would be great.

Chief Matias replied, sure.

Council President Saponaro continued, Doug, in terms of potholes and soft-ramping on Wilson Mills and pylons on the raised castings, these are questions that came up because some of the raised castings have a pylon on it and it is easy to see in the dark, but some of them don’t.  I don’t know if homeowners are moving them or what’s happening with those but if we could pay attention to that or have the contractor fix it.  There’s also the potholes, especially on the corner of Wilson Mills and SOM and the soft-ramping. I know it’s a pain but if we can make sure that they continue to do that, it would help a lot.  Between that and the light, maybe we can get more people directed toward the other exits.

Mr. Metzung stated, as far as the potholes, they did patch it the other day, but they were grinding that out today.  That should be taken care of.  I knew there was one manhole issue.  We did put it on there in the middle of the week.

Council President Saponaro stated, just bringing it to your attention.  It was brought to mine.  I also drive down there, so I have seen a few things.

Mrs. Mills asked, about 8 months ago, I requested of Chief Edelman at the time to go and check the Sandalwood area where you are talking about the light.  They found nothing wrong with it.  What the people have to do is to pull up on the wide white line, right?

Chief Matias replied, yes.

Mrs. Mills stated, this gets the sensor to work.

Council President Saponaro stated, I’ve done it.  I tried it myself.   Even when you pull up, it takes a while.  We live in a society where we expect everything to change quickly.  If we have to wait a minute or two longer than at a normal light; if you could just check on that and maybe we can really define that white line.  I don’t know.

Chief Matias stated, that’s two different issues.  I will look and see if there’s a problem with the light being activated like it’s supposed to.  But I think what you’re talking about is trying to speed up the cycle.  I know the timing of the light is based off the traffic survey.  I will talk to my traffic guy and we will see what we can do maybe during the construction that keeps traffic going.

Council President Saponaro stated, what’s happening is you’re getting people cutting through the Aladdin’s/CVS parking lot.  We are concerned there’s going to be more issues there and not really address what we need to.  Anyone else?

There was no further discussion.

CLERK OF COUNCIL:

Upcoming events:

  • Ethics Training (Cuyahoga County and State)
    Wednesday, June 19th – Cuyahoga Community College – 8:00-11:30

Mrs. Betsa stated, if anyone wishes to register for this training session, let me know and I will add you to it.

Records Commission Upcoming Events:

  • Meeting – July 9, 2019 – Wiley Park

Mrs. Betsa stated, weather permitting, the next Records Commission meeting is scheduled for Tuesday, July 9th at 12:00 at Wiley Park.  In the event of inclement weather, the meeting will be held at the Civic Center.

  • House Bill 9 Training – Monday, August 19, 2019 – 10:00-1:00

Mrs. Betsa stated, this training session will be held in Reserve Hall.  Let me know if you wish to attend.

ADMINISTRATION:

  • Annual renewal of Microsoft Exchange licenses not to exceed $7,250 (All Covered)

Mr. Wynne stated, as you recall, last year Council approved the migration over to Office 365 which is pretty much on-line cloud based.  The project is about $35,000.  That price included licensing from August 15, 2018 to August 14, 2019.  It’s up for renewal now.  It’s $49.06 per license which is a little bit more expensive than what was in the initial installation but it is the government pricing that Microsoft has in place for governmental entities.  The actual cost will be $7,015.58.  The renewal will go from August 15, 2019 through August 14, 2020.

Council President Saponaro asked, are there any questions?

There were none.

  • Renewal of School Resource Officer Memorandum of Understanding with Mayfield City Schools (Resolution No. 2019-43)

Mayor Bodnar reported, we have an officer at Center School and one at the High School.  You received information in your packets this weekend with highlighted changes.  Just to recap, the significant change is really just the change in the amounts based on Mr. Wynne’s calculation of the cost of the two officers for the upcoming school year.  There’s also a provision that says at the end some of our costs are projected so at the end of the day, if we are a little over or a little under, we can square up with the schools and either we will give them back the difference or they will pay us if the costs exceed what we have anticipated.

Council President Saponaro asked, has everyone had a chance to look at this?  Does anyone have any questions?  Obviously it’s been pretty successful.

Mayor Bodnar stated, very successful.

Council President Saponaro continued, and the schools are very excited to continue that program with us.

  • Dedication Plaque and Donor Recognition at The Grove Amphitheatre

Ms. Wolgamuth stated, I provided Council with a memo and a rendering of a proposed dedication plaque with a list to recognize donors at The Grove.  I recommended that we go with aluminum.  Mr. Saponaro has in front of him the three leaf samples that we have.  There’s a bronze, a brass and an aluminum.

Council President Saponaro stated, here’s the aluminum.  This is the bronze.

Ms. Wolgamuth stated, and the brass we don’t like.

Council President Saponaro stated, the brass just doesn’t show up at all.

Ms. Wolgamuth stated, I remembered this afternoon that I had a sample of the actual block that’s at The Grove.  When we looked at it we realized the aluminum doesn’t really have much contrast with the stone and we think that the bronze color is probably the best.  What I am going to do is go back and get final pricing for the bronze which I don’t have.  I think the tree will be somewhere in the neighborhood of $15,000 and I think the leaves will be about $190.  What I am also going to find out is whether they can anodize the aluminum with a bronze color, maybe even a copper color and then maybe we can get the aluminum price but we can get the contrast color that we are looking for.  My understanding is that Council’s pretty supportive; you like the idea.

Council President Saponaro stated, yes.  Those who I’ve spoken with before.   I have not spoken with Dr. Parker or Mr. Williams.  I am sure if they want to weigh in, they certainly can, but I would imagine everyone’s in support of it.  It’s going to be $500.  We want people to be able to see it and have it stay for a long period of time.  We will wait to hear back from you on pricing and we will go from there.

Ms. Wolgamuth stated, I will get the pricing in your packets probably by Friday.

Council President Saponaro stated, thank you. Mr. Meyers had a question for Mrs. Wolgamuth.

Mr. Meyers stated, I took it upon myself to call Mr. Tohme today to find out why he never repaired his fence.  He indicated to me that they are waiting for some kind of release from the Village for them to repair his fence.  I don’t understand why.  They did the damage.   What’s the reason or what’s behind it?

Mr. Coyne replied, there are two reasons. One is the fence was permitted through the Village granting a variance and the type of fence that has been installed in that location.  There’s no guarantee that there can’t be a potential incident in the future.    The variance was granted at the request of the owner.  There also may be an issue with how it was installed and reinforced by the installer.  There’s was a meeting with Doug as well with the owner.  We wanted to be fair but we want to make sure the claim doesn’t reoccur.

Mr. Meyers asked, so if they knock it down again, the Village won’t take care of it?

Mr. Coyne replied, the type of fence that has been installed, there’s a risk that that could happen again.

Mr. Meyers stated, he went through all the steps to get the fence and do it the right way.

Mr. Coyne stated, he did.  He got a variance.

Mr. Meyers continued, he went to the Board of Appeals.  I was at all the meetings.  When he told me that today, I was shocked.  It was like, why did you waste your time putting it up if they knocked it down?

Mr. Coyne replied, the concern is the type of fence in that location in proximity to the right of way, there could be an issue in the future.

Mr. Meyers stated, but the fence is 20 feet from the road.  The snow had to go 20 feet to hit the fence.  My thing is I don’t understand, Mr. Metzung, how many mailboxes do you replace?

Mr. Metzung replied, a lot.

Mr. Meyers asked, do you go to every resident and get a signed release that the next time you knock it down, they don’t pay for it?

Mr. Metzung replied, no we don’t.

Mr. Meyers stated, okay, that’s my question.  I don’t understand it.  Just because it’s a little more magnitude of money.

Mr. Coyne stated, I don’t know what a mailbox costs to replace, but it’s a lot less than a fence of this size and nature.  It’s like paying any kind of a claim, you probably should think about maybe that design changing but that’s their call.  If he wants that same kind of fence in there, he got the variance, but it doesn’t that the Village should guarantee that this won’t happen again.

Council President Saponaro stated, I don’t think he’s asking for it to be guaranteed from what I’m hearing.  Not that it won’t happen again, but if it does happen again and it’s the Village’s fault, will the Village stand behind it and take care of it?  I think that’s more the question.

Mr. Coyne stated, apparently it’s how it’s designed.  I believe the installer is going to look at it again, isn’t that correct?  The fence company that put it in. That may have been part of the problem, quite frankly.

Council President Saponaro stated, so if it’s installed properly it might not be a problem?

Mayor Bodnar stated, it could happen again.  That’s where the issue is.

Mr. Coyne stated it could happen again. So if that’s a risk, why would the Village want to be on the risk of having to pay for it again if it’s partly that?  That’s a contributing factor.

Mr. Meyer stated, but if they didn’t hit it, it wouldn’t fall down.  I see your point, but-

Council President Saponaro stated, I think we are all on the same page here.  If there was improper installation and the footers were not properly put in there, then the chance of the fence falling down is far greater than it would have been if it was put in properly.  So we are going to have the installer look at that.  Let’s just say that it was put in properly, if it happens again, then the Village would be responsible for repairing or replacing it.  Is that correct?

Mr. Coyne replied, yes.

Mayor Bodnar stated, but if the footers aren’t put in the right way when it’s replaced, then it’s not our responsibility.

Mr. Marrelli stated, it wasn’t the footers.

Mr. Meyers stated, it’s the structure.

Mr. Marrelli stated, it’s the structure that can’t take that kind of lateral force.  Whatever the force was from the snow took it apart, not the foundation.

Council President Saponaro stated, okay, so we just need to be clear.  The Mayor’s understanding is it was the footers, but you are saying that the footers are not the issue?

Mr. Coyne replied, nothing happened to the footers.  It’s the post.

Mr. Meyers stated, it’s the fence itself is what gave way.

Mr. Metzung stated, the posts for the fence are hollow.  Typically we have seen they have had 4x4 or 6x6 wood sleeves. This was not the case here.  I don’t know that you can do it with this type of fence, but what they do have are aluminum so in this location, that’s how it should have been specked.

Mr. Marrelli stated, by the fence company.

Mr. Metzung stated, yes, by the fence company.  I don’t want to go too far out because of what Mr. Tohme has talked to his fence person.  It’s between him and his fence person.  What we have offered is if we are going to put the fence back, we are going to put it back with the supports inside the posts.  We are suggesting that the fence company and Mr. Tohme put back the supports and the rest of the posts because it’s just not a substantial defense.

Council President Saponaro stated, right. It’s not going to hold up based on the span of it and based on the lack of support.

Mayor Bodnar stated, sorry for the confusion.  It was the posts.

Council President Saponaro stated, it certainly helps.  Especially when we get the phone calls and people talk to us about it to have all of the information so we can be intelligent when we have the conversation back with them.

Mr. Coyne stated, Council President to Councilman Meyers, it was an unusual snow event.  It was a very heavy snow like a slushy material.  It was new equipment that was being used, so 20 feet is not that far away for how the snow is removed.  That would be the main reason. So it would be unlikely to happen again probably if it was installed the way Mr. Metzung just described.  In addition, for the Village to pay for it now makes sense, but I think a release that if it were a type of fence that it could go through it, that would be one thing, but if it’s hitting a hard surface, that could be a problem.

Mr. Meyers asked, would this be a one-time release, or would this be like forever if something happens again?

Mr. Coyne stated, I’d rather not provide a legal opinion on that on the floor of Council.  We would like to do something that protects the Village’s interests and that’s fair to the citizen.  That’s what I think is a good way to do it.

Council President Saponaro stated, to recap what I have heard and you guys can say nay to it, is that if it’s installed properly, either was or is now installed properly, and this unlikely event would occur again, then the Village would stand behind it as long as it’s installed properly.  If it’s not installed properly, and it breaks, then they bear the responsibility because they didn’t comply with the standards that need to be complied with in order for it to support.

Mayor Bodnar stated, I agree with what you said.  Thank you Council President.

Mr. Meyers stated, thank you.

Council President Saponaro stated, thank you.

ENGINEER:

Reporting on behalf of Mr. Cappello, Mr. Metzung provided an update on Wilson Mills.  They have completed the berm widening on Wilson Mills which was fairly intrusive to the residents.  That’s one fairly intrusive job that’s been completed.  They are working on some of the partial where the chuckholes and that kind of stuff, getting those repaired.  They are looking to have the chip seal inner layer put down on Wednesday and on Thursday and Friday we hope to get the first interlayer of asphalt applied to the roadway which will really dramatically help the ride and the dust and everything else that’s going on to those poor people over there.  Hopefully by the end of the week there will be a dramatic change over there.

Council President Saponaro stated, all right.  Excellent.  We like dramatic changes.  As long as they are moving in the right direction.  It’s a big dramatic change.

FINANCE DEPARTMENT:

  • 2018 HRA Funding Results

Mr. Wynne reported, for 2018, as Council is aware, as part of our employee benefit package for medical insurance, we provide funding with employees for their deductibles on an HRA card.  The total amount provided last year was $246,333.  Of that amount, based upon utilization, we received 41% of that return back to us, so we received back $101,492.  That’s a little bit better than 2017.  We received 39% back.  This is working out well for us.

  • 2020 Alternative Tax Budget

Mr. Wynne reported, this is the budget we pass in July to submit to the County just so they can see where our property tax dollars are coming from and make sure there’s enough money put aside to fund debt payments when they come due.  This will need to be passed by Council at the July 15th meeting.  It is due to the County by July 19th.

  • 7-1-19 Property and Liability Insurance Renewal (Wichert Insurance - $112,755)

Mr. Wynne reported, our property and liability insurance expires on June 30th.  Our broker went out to the market and got quotes.  The renewal came in at $112,755 which is a 2.4% increase over last year.  I don’t know if you recall, but in the fall of last year we received pricing from a self-funded plan called NORMA which is Northern Ohio Regional Municipal Association and the pricing from that self-insured pool actually came in about $10,000 for us higher than what we are paying through Wichert Insurance with them going to market through the carriers.  The recommendation would be to stay with Wichert for this upcoming renewal year.

Council President Saponaro asked, does anyone have any questions regarding this?

There were none.

Council President Saponaro stated, thanks Mr. Wynne.

FIRE DEPARTMENT:

  • Purchase of new radio equipment (Motorola - $212,791.59 less $20,500 trade credit –total:  $192,291.59 (State contract); and B&C Communications - $5,735 – total cost:   $198,026.59)

Chief Carcioppolo stated this is for new radio equipment.  I provided a letter in packets with an explanation for that.  Basically the radios we have were purchased around the beginning of 2003 to 2004.  There were several grants throughout those years.  The largest one was in 2008.  At any rate, about a third of the radios are no longer supported so they can’t be upgraded like a computer is because they all are basically little handheld computers and they are used to decipher the digital signal that comes through the radio.  At any rate, all of them have to be reprogrammed at the same time because they are identifiable so that you know which radio is keyed up.  This has been in the capital budget for the last four or five years.  At this time, I think it is appropriate to try to trade in what we can while there’s still some value left to it and sell whatever is left over.  We do have an abundance of older radio equipment that’s been sitting around and not on the current system we are on.  That’s why the letter talks about coming back to you with an itemized list to sell that on Govdeals when this is all over

Council President Saponaro asked, that’s in addition to the 41 radios you are getting in for a trade-in?

Chief Carcioppolo replied, right.  So we would go and trade in one for one and then whatever’s left over, we are downsizing the fleet that we use currently so we wouldn’t need as many as we currently have.  Whatever’s left over, we would be looking to sell on Govdeals.

Council President Saponaro asked, does anyone have any questions regarding this?

Mr. Meyers asked, when you guys went to the MARCs radios in the last four years, five years ago?

Chief Carcioppolo replied, we have been on them for a longer time.

Mr. Meyers asked, when did you change over to the MARCs?

Chief Carcioppolo replied, it’s hard for me to tell you that because we were using it before everyone else in the area.  There wasn’t a definitive moment.  We carried two radios in the vehicles probably from 2004 on and there are days we would use the 800 system so that wasn’t like a clear line that I can remember where we actually switched.

Mr. Meyers asked, do you get dispatched to the police department?

Chief Carcioppolo replied, yes.

Mr. Meyers asked, and when they put all the new MARCs radios and consoles in and everything, how long ago was that?

Chief Carcioppolo replied, we were being dispatched and talking on 800 before that.

Mr. Meyers asked so you weren’t involved with the update when they did it?

Chief Carcioppolo replied, I’m not sure I understand.

Mr. Meyers stated, when they put all the radios in down there for dispatch purposes, that didn’t benefit you guys at that time?

Chief Carcioppolo replied, no.  We didn’t buy new radios because we were already operating on the MARCs system at that time.

Mr. Meyers stated, and you got radios on a grant program?

Chief Carcioppolo replied, right.  I know the last one was in 2008.

Mr. Meyers stated, okay.

Council President Saponaro asked, any other questions?

There were none.

PARKS & REC:

Mr. McAvinew stated, just a reminder, we have Cruise Night this weekend on June 8th from 5:30-9:30.  We are still in need of some volunteers.  If you are available, we are about 8 volunteers short.  We will make it work, but I need some volunteers.  Also, if it would rain, which we won’t say the word, it goes to Sunday from 3:30-7:30.  It will be an earlier starting time. One of the interesting things also this year is our Family Fun Zone.  Also, the Curiosity Cube will be there.  It’s a mobile stem unit.  It’s free. It starts off in San Diego and then it ends in Houston.  It went to Toronto and here in Mayfield Village and then it goes on its merry way.  It’s a hands-on stem unit with different scientific items.  It’s no charge to the Village.  They contacted us.  It’s kind of bright.  It’s a cargo shed essentially.  It’s very very bright colors. You will see something that appears to be very bright pink.  It will stand out.  But it actually something pretty cool.

Council President Saponaro stated, awesome.  Great job.

Mr. McAvinew stated, hopefully I will see you all on Saturday.

Council President Saponaro stated, very good.  Any questions?

There were none.

SERVICE DEPARTMENT:

Mr. Metzung stated, we have completed our mulch deliveries.  Approximately 300 homes were done.  We still have plenty left although we won’t deliver any more.  You will have to come and get it.

Council President Saponaro asked, is there a limit to what they are able to take?

Mr. Metzung replied, at this point no.  We would like it to go away.

Council President Saponaro stated, very good.  Any questions on that?

There were none.

ANY OTHER MATTER BEFORE COUNCIL:

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

There were no further matters.

There being no further matters, the meeting concluded at 7:33 p.m.