Caucus: November 2nd 2020

MINUTES OF A COUNCIL CAUCUS
Monday, November 2, 2020 – 7:00 p.m.
Videoconferenced in Main Conference Room-Mayfield Village Civic Center

Present in Main Conference Room:  Council President Schutt and Mrs. Betsa.  All other members of Council, Mayor Bodnar, Ron Wynne, Law Director Coyne and Mr. Marquart are in attendance via ZOOM. The remainder of the Department Heads accessed the meeting via videoconference. 

This meeting can be accessed by going to: https://www.youtube.com/watch?v=SXfkKpzCXrQ&t=1581s

Council President Schutt stated, welcome to the November Council Caucus meeting.  This meeting has been duly noticed and is being held in accordance with Ohio Revised Code Section 121.22 specific to recent amendments made in light of the current COVID-19 declared emergency (House Bill 197).  Under the orders of Governor DeWine and the Director of Health of Ohio, and pursuant to Ordinance 2020-08, adopted March 16, 2020, Council is meeting remotely, via electronic means.  No one is in Council Chambers or able to access that space during the meeting.  The public was invited to view the meeting live, accessing the meeting through a link posted on the Mayfield Village website at www.mayfieldvillage.com.

Mayfield Village is conducting these proceedings in compliance with all applicable State Laws and regulations.

ROLL CALL:

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

Also Present: Mayor Bodnar, Mr. Coyne, Mr. Wynne, Mr. Marquart, and Mrs. Betsa

PENDING LEGISLATION:

  • Ordinance No. 2020-23, entitled, “An Ordinance enacting Mayfield Village Codified Ordinance Section 903.05 sidewalk repair reimbursement.” Introduced by Mayor Bodnar.  (Service Department)  (First Reading – October 19, 2020)

Council President Schutt asked, are there any questions?

There were none.

  • Ordinance No. 2020-24, entitled, “An Ordinance enacting Mayfield Village Codified Ordinance Section 1157.10 Patios; Permit; Fee.” Introduced by Mayor Bodnar.  (Building Department) (First Reading – October 19, 2020)

Council President Schutt asked, are there any questions?

There were none.

  • Ordinance No. 2020-26, entitled, “An Ordinance appropriating funds for current expenses and expenditures of Mayfield Village, Ohio for the period from January 1, 2020 and ending December 31, 2020 and declaring an emergency.” Introduced by Mayor Bodnar.  (Finance Department)  (First Reading – October 19, 2020 - in title only)

Council President Schutt asked, are there any questions?

There were none.

  • Ordinance No. 2020-27, entitled, “An Ordinance appropriating funds for current expenses and expenditures of Mayfield Village, Ohio for the period from January 1, 2021 and ending March 31, 2021 and declaring an emergency.” Introduced by Mayor Bodnar.  (Finance Department) (First Reading – October 19, 2020 - in title only)

Council President Schutt asked, are there any questions?

There were none.

  • Resolution No. 2020-50, entitled, “A resolution requesting the Cuyahoga County Fiscal Officer to adjust the amended official certificate of estimated resources for 2020.” Introduced by Mayor Bodnar (Finance) (First Reading – October 19, 2020 – in title only)

Council President Schutt asked, are there any questions?

There were none.

MAYOR:

  • Gates Mills EMS Agreement

Thank you, Council President.  I just have a couple of things.  Noting that we are in the eve of Election Day, I encourage anybody who has not voted yet in Mayfield Village to please go out and vote tomorrow.  It might be cold.  It might be inconvenient.  There might be a long wait.  But really I think voting is one of the greatest privileges we enjoy in our democracy.  I would also like to refer everyone to an open letter that was written by Governor Mike DeWine to all Ohioans yesterday.  In it, he offers a lot of wisdom and encouragement.  In it, he notes the great political division that is within our country and yes within our State but he says despite this deep divide there's still so much more that pulls us together than tears us apart.  He goes on to talk about our common enemy which is COVID-19 and the need to pull together to fight that enemy.  I will see if we can get a link to this letter on our website.  It is available on the internet.

I’d like to end by quoting the last part of his letter.  He says this, “It has been said ‘one can find common ground only by moving to higher ground’.  Now is the time to move to that higher ground.  We must come together as Ohioans have always done.  We must put the past behind to move forward.  Ohioans have always been a forward-looking people.  It was Ohioans who invented flight and allowed the world to take to the skies-and beyond.  And though we are inspired to dream big and have led the way to the heavens we've only done so through a relentless focus on detail achieved by working together with our feet firmly on the ground.  We are practical.  We are problem solvers. We are inventors, laborers and exceedingly hard workers with a special kind of grit, resolve and determination.  Show Ohioans a problem-and we will show you a solution.    That’s what Ohioans do. That is who we are.  We are people who unite in the toughest of times because our shared bonds will always be stronger than our differences.”  Thank you Governor DeWine for your words of hope and encouragement and I am sure all of us in Mayfield Village will take heed.

Thank you Council President. That’s everything I have tonight.

Council President Schutt stated, thank you, Mayor Bodnar.

COUNCIL PRESIDENT:

Just echoing the Mayor’s comments regarding Election Day.  It’s almost here for in-person voting, so as she mentioned, please come out and vote. Tomorrow the polls are open from 6:30 a.m. to 7:30 p.m. at the Mayfield Village Civic Center.  Please remember to social distance and wear your mask. 

We have a couple of birthdays in November. Today is John Marquart’s birthday.  Happy Birthday.

Mr. Marquart stated, thank you Council President.

Council President Schutt stated, you’re welcome.  We also have George Williams’ birthday which is on November 24th

The next Regularly scheduled meeting of Council is on Monday, November 16th at 7:00 p.m.  The meeting will be held virtually.  The agenda will be posted on the website for public view and comment.

CLERK OF COUNCIL:

Yes, Council President.  I am going to defer to Patsy Mills for the first part of my report for a report on Shred Day that was held this past Saturday.

Mrs. Mills stated, okay. Shred Day was this past Saturday.  It was a cold but sunny day.  We shred 400 Villager boxes and 104 Village employee boxes for a total of 504 boxes.  Total pounds shred were 13,000.  The representative said the truck was full to capacity.  Special thanks to Paul Byrne, Mike Pozzuto, Steve Vaslavsky and Frank Agh from the Service Department, Maura McKinley from the Police Department and Mary Beth for coordinating this activity.  What was different this year was due to COVID, people could not get out of their cars and when boxes were emptied, they could not be returned to the residents’ cars.  A lot of the boxes were heavy.  When they were emptied into the bin to be shred, the boxes had to be broken down.  When the Service Department truck was full of boxes, they had to drive to the dumpster and unload the boxes from the truck.  About 95% of documents shred were in boxes, which was a lot of work.

Our next Shred Day is scheduled for Saturday, June 5, 2020 from 9:00-12:00 at the Civic Center parking lot.   We have to really thank these people that made this activity possible because it was it was a very hard job to do and without the Service Department, I don’t think the girls could have done that.  We like to work hard, but not that hard.  So, thank you once again for all the employees here in Mayfield Village.

Council President Schutt stated, thank you Mrs. Mills.  Now back to Mrs. Betsa.

Mrs. Betsa reported, computer and Household Waste Collection will be going on from November 7th-14th.  This year’s collection also includes campaign signs.  Computers, printers, keyboards, household hazardous waste and political campaign signs can be brought to the Service Department for recycling on Saturday, November 7th from 9:00 a.m.-1:00 p.m. or Monday through Friday from 7:00-3:00. Residents should visit

www.mayfieldvillage.com/service-department or call 440-442-5506 for details about what items are accepted. 

Thank you Council President. End of report.

Council President Schutt stated, thank you Mrs. Betsa.

ADMIN:

  • Small Business Relief Fund Grant – Round 2 (John Marquart)

Mr. Marquart stated, thank you, Council President.  If you refer to your packets, you'll see a memo from me that will be requesting another $25,000 allocation at the next Council meeting from the Economic Development Fund to MCIC for the purpose of restocking shall we say, the Small Business Relief Fund.  We made 20 awards which exhausted the first $50,000 of funding.  As of today, I have received three more requests for additional funding from folks that for whatever reason could not make it in by the original due date.  So my proposal is to keep the program parameters the same but for not having a firm end date for accepting applications.  We know that there is still some need out in the community and I’m happy to note to the Council that in hand delivering many of these checks to the first round of applicants, we have a lot of really grateful and appreciative small business people out there.  So thank you all once again for your support and we'll be looking for a little bit more in a couple weeks.

Council President Schutt stated, thank you Mr. Marquart.  Are there any questions?

Mr. Marquart stated, thank you.

Mrs. Jurcisek asked, Mr. Marquart?

Mr. Marquart replied, yes.

Mrs. Jurcisek asked, are you going to be communicating this again to all the small businesses or the businesses that are out there in Mayfield Village?

Mr. Marquart replied, yes, if approved on the 16th by Council, we will absolutely communicate it to everyone again.

Mrs. Jurcisek stated, okay.

Council President Schutt asked, any other questions?

There were none.

FINANCE:

  • LifeForce Billing

Mr. Wynne stated, everyone was provided with a draft copy of the Resolution to amend our existing LifeForce Agreement. This Agreement goes back to 2009 and we have had a couple of amendments since then but nothing of any significance.  The Resolution is requesting two changes.  One is to Appendix A which is the client fee schedule.  That schedule has not changed since 2009 and the rates for changing them too in the appendix are per the suggestions of LifeForce and are more reflective of what their other communities are charging and what the insurance carriers are reimbursing the municipalities for. And then the change to Appendix B which is our elections and in this, the sections that were changed were highlighted. We're proposing adding a section.  It's called billing of residents but we're not billing the residents.  We are billing their Medicare, Medicaid and their insurance carriers and by doing so we would only accept the funds that we receive from the insurance company.  We would not request any additional funds from the residents.  So this will not cost the residents anything at all.  It’s just something that's allowable through the Department of Health and Human Service and has been for quite some time.  A lot of the surrounding communities already do that.  I think we're one of the few, if not the only community in Cuyahoga County that doesn’t bill residents’ insurance carriers for ambulance services.  So those are proposed changes in this legislation that would go into effect with LifeForce on January 1st if it’s approved. 

Council President Schutt asked, any questions?

There were none.

Council President Schutt stated, thank you Mr. Wynne.

FIRE:

  • Updates to Fire Chapter

Reporting on behalf of Chief Carcioppolo, Mr. Coyne stated, I have been asked to submit a brief explanation of the modifications to the Fire Chapter.  As you may know, Assistant Fire Chief Libens and Jim Budzik from the Law Department have been working under the direction of the Mayor to update actual practices and appropriate practices for a modern operation of the Fire Department.  You received a letter from Gino on October 28th attaching some of these amendments.  I will just review a couple of them briefly. 

So Chapter 141 of the Fire Department has been amended to include a provision that all current and new line firefighters and officers shall maintain their State Certificate Paramedic status.  The Chief and Assistant Chief/Fire Marshall shall maintain an EMT certification as well.  It also enumerates the provisions for eligibility for becoming a firefighter in the Village under Section 141.01 where you have to be at least 18 years of age and no older than 32 years of age, however you can be up to 41 years of age providing you have service in the fire system or a fire firefighter in some other community.

There have been some changes made to the adoption of the Ohio Fire Code so that the  Fire Code will adopt the Ohio Revised Code.  There’s a provision added in concerning the Municipal Fire Safety Inspector, Section 1501.01.  Upon the inspector's request, the municipal legal officer of the Village could prosecute any actions under Section 3737.  

In Section 1501.16, they have included some new permit requirements for things like mobile food units, etc.  So that's been updated for the provision of new permits. That's the recommendation.

Chapter 1522 of the Code provides for a new building marking system.  This is pretty important.  This will provide for signage which will identify construction and the types of construction of buildings in the Village and also to identify any associated hazards with said buildings.  Attached to Chapter 1522 are the sample symbols that can be posted in the front of buildings so that the firefighters can identify certain risks that may be present when they're fighting a fire or inspecting a building. 

The last item is part 7 which is the business regulation code and this is really updating the alarm systems that are in commercial buildings that go directly to the Police Department or the Fire Department and it regulates how such alarm systems are to be installed and operated.  So that has been amended as well as Chapter 13 of the Public Building Code. So, all of those amendment suggestions and recommendations are in your packet and you are welcome to ask any questions now or simply contact the Chief if you have any questions.  End of Fire Department report, but I will be glad to take any questions now.

There were none.

Council President Schutt stated, thank you Mr. Coyne.

LAW:

  • Charter Amendment Initiative Petitions proposing adding term limits for Council Members and the Office of Mayor

Mr. Coyne stated, as you may know, on October 6th, a letter was received from a Petitioner Committee chaired by Ron Dinardo.  It was received by the Council Clerk.  It is seeking to amend the Village Charter.  Specifically, there are two amendments that are being sought through the Petitions that he had circulated.  One was to amend Article III, Section 1 of the Charter to require that no Council member can serve more than two consecutive terms beginning from their first elected term.  This would take effect December 1, 2021 at the request of the Petitioner.  So there would be term limits for Council. 

The second was to amend Article IV, Section 1 so that no person shall hold the office of the Mayor for more than two consecutive terms beginning from their first elected term.  Again, that would take effect on December 1, 2021.  

The Council Clerk with the advice of the Law Department and the Board of Elections took the time under Article VII to review the submission in which she had 20 days to determine the sufficiency of the signatures in the form of the Petitions after consulting with the Law Department and the Board of Elections. Upon doing so, it appears the Petitions are in compliance.  The Petitions are then submitted to Council and Council has 40 days under Article VII to review the amendments that are requested and to have them placed in Ordinance form to be submitted to the electors. 

So this is where the Ohio Constitution kicks in.  Per the Ohio Constitution, Article XVII, Sections 8 and 9, require that the submission to the electors shall take place at the next regular municipal election if one shall occur not less than 60 nor more than 120 days.  If there's no such election, the submission of the question shall occur at a special election to be held within the same timeframe.  So what will be required here is that the ordinances requesting the amendment would be submitted to the voters for a special election.  The ordinance would be referred by Council at the November 16th meeting, your next regularly scheduled meeting.  The timeframe is mandated by the Ohio Constitution. While it’s somewhat inconsistent with our Charter provisions, it is required that it go to a special election within that timeframe. 

I can answer any questions in regard to this.  Such a special election has happened in the past.  Not for a Charter change but for zoning changes.  The last special election cost approximately $9,200.  That would be borne by the Village.  The provision of term limits is certainly constitutional.  It cannot be retroactively adopted however, but the petition does not appear to be requesting that it be retroactively adopted so it would not be affecting your prior service.  If there are any questions of Council, I can answer them at this time.

Mr. Murphy asked, Mr. Coyne, is that special election like a typical election day where you're just going in to vote for those two issues ?

Mr. Coyne replied, yes, it would be just those two issues. We would probably contact the Board of Elections to determine dates.  It might be if there's another special election like for the Board of Education we could have it with that but otherwise we will consult with the Board of Elections on the date.  It would be a Tuesday.  And again, it would be between 60 and 120 days when you refer the matter to the Board of Elections which at the earliest would be November 16th.  So you’d probably be looking at some time in January would be my guess.  I haven’t done all the math on the dates but that would be the provision.

Mrs. Jurcisek asked, what was the estimated cost that you said for the Village?

Mr. Coyne replied, $9,200.

Mr. Murphy asked, and that was based on the last special election which was what year?

Mr. Coyne replied, approximately a year and a half  ago. 

Mr. Marquardt asked, so it could be effective January 1, 2022, how does that effect everybody?

Mr. Coyne replied, four Councilpersons Meyers, Schutt, Mills and Williams, assuming you seek re-election, you would be up for re-election in November of next year.  Election day is November 2, 2021.  The Charter Amendment per the request from the Petitioners would go into effect December 1, 2021 so it would be in effect prior to you starting your next term in office.  What that would mean, for example, let’s take Councilman Meyers, his term would be up November 2, 2021.  You would take office January 1, 2022.  It would be effective for that next term, so you would be able to run for two more terms.  The same would be true for the other three Council members and the Mayor whose term of office ends in December 2023.  That election would be November 7, 2023.  They would commence their next term if they were re-elected on January 1, 2024 and they could seek a second term after that.  It cannot be adopted retroactively.

Mr. Murphy asked, so basically, since none of the Council is up this year, you could only get elected two more times if you win.

Mr. Coyne replied, two more times from the next election, yes.  It wouldn’t go into effect until per the Petition, December 1, 2021.

Mr. Williams stated, Mr. Coyne, I'm looking at Section 1, Term.  In bold it says “No person shall hold this office for more than two consecutive terms beginning from their first elected term.”  Is that after this? 

Mr. Coyne replied, so it would apply to their first elected term that commences after December 1, 2021.  Your prior years of service would not be included as the two consecutive terms.

Mr. Williams stated, okay, thank you.

Mrs. Jurcisek asked, Mr. Coyne?

Mr. Coyne replied, yes?

Mrs. Jurcisek stated, I started asking around a little bit into some of our neighboring communities and from what I found it does not seem that term limits for either of these positions are common but again what have you seen with this?

Mr. Coyne replied, well Councilwoman, the Village at one time had term limits and got rid of them so I assume at that time the Village believed that it wasn't in its best interest.  Term limits, it depends on one's perspective but when you have people that are doing a good job, term limits seem to be something that are counterproductive so I don't think term limits are as common for municipal governance in Northeast Ohio. 

Mrs. Jurcisek stated, thank you.

Mr. Murphy asked, Mr. Coyne, just to expound on that. Do you know what neighboring communities, do you have any idea what neighboring communities have in terms of term limits?

Mr. Coyne replied, you know I can't say that I looked at many of them.  I would say that most do not of your surrounding communities.  I'm not positive Councilman.  I very easily could look into that for you though.

 Mr. Murphy stated, that’s all right.  Thank you. 

Mr. Williams asked, question.  What are we saying, this requires Council’s approval or not?

Mr. Coyne replied, the Council really is submitting it to the Board of Elections so it would be through an ordinance that would be approved by Council reflecting the language requested by the Petitioner.  The Board of Elections would then review the language to put it in a format to be on the ballot.  In order for it to go into effect the electors of the Village would have to approve it. 

Mr. Williams asked, what if Council does not provide legislation?

Mr. Coyne stated, that's a good question.  Council really has to submit it in the form of an ordinance through the Board of Elections.  I don't think Council has discretion to do that or not. I think you really are bound to follow the Petitioner's request to submit to the Board of Elections.  Failure to do that would subject the Council and the Village to probably an action in mandamus requiring that to be done.

Mr. Marquardt asked, so what’s the purpose of this ordinance?

Mr. Coyne replied, in terms of the purpose, you'd have to ask the Petitioner that question but it would restrict individuals who want to do public service from no more than two consecutive terms.

Mr. Marquardt stated, I understand.  It’s just going to force a lot of our people in the system out.  You know?  That’s why we moved it the last time. We could not get people to run.

Mr. Coyne stated, right.

Mrs. Jurcisek asked, has anyone spoken to any of these individuals on the Committee to elaborate what Bill was saying?  As to the reason why they are moving forward with this?  I didn’t know if there was a discussion that was had with any of the individuals

Mr. Coyne replied, I have not.  I know they tried to put or a couple of them tried to put it on the ballot previously but it wasn't done correctly so this is their second time to do so

Mrs. Jurcisek stated, okay.

Mrs. Mills asked, Mr. Coyne?

Mr. Coyne replied, yes.

Mrs. Mills stated, in the year 2000 we got rid of the term limits and it seemed like that's what the people wanted.

Mr. Coyne stated, that’s right.

Mrs. Mills stated, I tried to find out and tried to remember how long we had the term limits and it wasn't for very long so I don't know where these people are coming from but like all constituents they do have a right if they want to appeal a change in our laws.  For what reason they're doing this, I have not a clue because the Councils that I’ve served on have always worked together, been together and our community when you look at our monetary records and everything we're in the better shape than we have ever been and how they can promote this I have not a clue.  So Jennifer your question is I guess you'd have to go to the people on the petitions and ask them and see if they really know why they want to do this and what their answer would be.  It would be amazing I'm sure.

Mayor Bodnar stated, I think if you if you look at who has served on Council and who has served as Mayors over the past years and so if you're looking to continuity of our government, stability,  successful leadership that stays stable over the course of the long term, I think that says it.  I'm looking at Bill Marquardt, I am looking at Patsy Mills on my screen in front of me.  It says that's the kind of leadership we want.  Also in a community our size, it's hard to find good people who are willing to serve and if you find them I believe you should hang on to them and let them lead and do the job they're doing.  That's what this Council is doing now.  I think that's what Council has done over the years.  I don't know exactly why they're doing it, but I think that in a community our size we want to promote good leadership and keep it going. 

Mrs. Mills stated, also, it seems like when we have elections the people that are on Council are really a cross-cut of the community. It's just not centered in one place like when we first moved here it seemed like Worton Park was controlling Mayfield Village and then that all started to change when new people came in because we needed representation.  So there we are.  So I know this Council is doing an excellent job as well as our Mayor and all the administrations that we had.

Mrs. Jurcisek asked, Mr. Coyne, looking far into the future for this scenario, if this was passed and we are now two terms out and none of the current Council members for instance could run again, what would happen in that scenario if no one else decided to run at that point in time?

Mr. Coyne replied, you know that happens occasionally and there's a procedure in the Charter for making appointments to Council.  I do know of one community where actually they did have no candidates for an office and the Council selected who the replacements would be, so that does happen occasionally.  And it also happens with Councils when they go to elect their Council President sometimes they cannot agree and then the Mayor has to make that appointment.  Yes, that could happen.  That would be inconvenient to the community for sure.

Mr. Williams stated, but following this process it would be staggered, whereby you mentioned four of us and then the next three would be a year later.

Mr. Coyne replied, right.  Two years actually.

Mr. Williams asked, so there would be a level of continuity?

Mr. Coyne replied, right.

Mr. Murphy stated, Mr. Coyne, I think this is what the last two people Jen and George are talking about that if it were to pass that wouldn't preclude you from running for an At-large seat if you had a Ward seat or vice versa correct?   After the two terms?

Mr. Coyne stated, it's two consecutive terms on Council so it would be you could not, I don't think you could serve as a member of Council for more than two consecutive terms.  It would appear that you could take a term off and then run for an At-large seat two years later.

Mayor Bodnar asked, so Mr. Coyne, say this went into effect, Council could exhaust their two consecutive terms then they could say be Mayor for two consecutive terms and then go back to Council and the same for between Mayor and Council?

Mr. Coyne stated, that's an excellent question, Mayor.  I think you could do that.  You just cannot hold the office for two consecutive terms and I think you may have seen this with the Ohio Legislature you're seeing that where you get a State representative who can be elected for eight years, four terms and then he runs for the State Senate and the State Senator who's in the same boat he runs for that State representative’s office which is in the lower house but that that is happening in different parts of the State of Ohio.  It just says two consecutive terms.  It would not preclude a Councilperson running for Mayor and serving a term as Mayor going back to Council for two more terms.

Mayor Bodnar stated, thank you.

Mr. Williams asked, if I heard you correctly, at the November meeting, legislation will be presented for consideration for approval.

Mr. Coyne replied, right. Under the Petition Procedure, Article VII you have 40 days to act so you would do so within a reasonable period of time at your next regularly scheduled meeting which would be November the 16th or you might end up having to schedule a special meeting and you might not want to do that but we will prepare ordinances for your consideration by that next meeting.

Mr. Marquardt asked, if we vote it down, what happens?

Mr. Coyne stated, I am of the opinion that you're not even endorsing it by submitting it to the Board of Elections at all.  That’s your legislative duty because of the procedure that's in place and it's a constitutional requirement so I think if you voted it down, let's say as an example, I think the Petitioners could bring an action in mandamus requiring you to forward it to the Board of Elections or a court doing that. 

Mr. Marquardt stated, okay.

Mr. Coyne stated, I don’t think you want to do that Councilman Marquardt. 

Mr. Marquardt stated, I’m just asking questions.  What I want to bring up is what’s going on here? 

Mr. Coyne stated, it’s a good question. 

Mr. Williams asked, if it was voted down it would be prudent to forward it on to the Board of Elections?

Mr. Coyne replied, it would be prudent to forward it to the Board of Elections based on Council's request.

Mayor Bodnar asked, Mr. Coyne, can Council vote to forward it but vote under protest?  The Ohio Constitution language says the proposed amendment shall be submitted by such legislative authorities.  So I know the question has risen as to why does Council need to vote on it at all?  It's a mandate but what I've heard is apparently the Board of Elections needs the ordinance to trigger its next actions.

Mr. Coyne replied, right and the reason first of all according to the Ohio Constitution, Article XVII, Section 8 and 9 read together effectively, it's an ordinance form, so an ordinance to be submitted to the Board of Elections I would think you would have to vote on it.   I don't know if you have any other choice.  So we can look at how it's worded.  You're not endorsing it by doing so.  You are only putting it in a position that the Board of Elections can then put it on a ballot for a special election or if there were not a special election, it would be a general municipal elections.  But as I’ve said in the past, to draw an analogy, a lot of communities including Mayfield Village have referendum zoning and the fact that someone goes through the procedures to get to that level doesn't mean you can't vote to put it on the ballot and campaign against it.  It’s  just the procedure that a lot of communities require for referendum zoning.  I think that's a decent analogy. I wouldn't think any position of the Council to put it on the ballot by submitting it to the Board of Elections is in any way an endorsement of the measure.  It's simply going through the procedure that's provided for in the Ohio Constitution and to a great degree the Charter although the timeframes are different between the Charter and the Ohio Constitution.

Mr. Murphy asked, Mr. Coyne, is that special election, is that all in person or is there absentee available for that special election?

Mr. Coyne replied, you know in COVID 19, I can't give you a clear answer on that but I'm presuming; well I know for any even a special election you could vote by absentee and you can vote in person.  The voting by mail we've been doing for this Presidential race.  That could still be in effect then.  I don't know if the election laws and the Board of Elections were going to accommodate that going into next year.   Some communities will have primary elections next year so that could be in effect still.

Mrs. Mills asked, would that be a simple majority?

Mr. Coyne replied, yes.  Of the electorate.

Mrs. Mills stated, yes, of the people voting.

Mr. Coyne replied, yes, simple majority of the electorate.  Are there any other questions?

Mr. Williams stated, not so much a question but would it be appropriate for Council to have a special meeting to discuss this?  I hope I use the right term.

Mr. Coyne replied, you could always call a special meeting so you could to discuss it.  If you get together as a quorum it has to be a public meeting. So, yes, you can do that. 

Mr. Williams asked, but the special meeting is-

Mr. Marquardt stated, you can't do that.

Mr. Williams stated, we had special meetings in the past on other topics.  I am just asking for the definition. 

Mr. Coyne replied, yes you do have the right to conduct special meetings but again it would have to be an open meeting. 

Mr. Marquardt stated, you can’t have an Executive Session at that meeting.

Mr. Coyne stated, you can only do that when there's litigation involved or personnel matters or acquisition of real estate.

Mr. Williams stated, that’s what I was getting at.  I’m sorry.  Thanks Bill.  Executive Session.  And thanks Tony for clarifying when an Executive Session can be called.

Mr. Coyne replied, you are very welcome, Councilman. If there any other questions you could always call me too separately from now but that's the procedure that we're going to try to follow.

Council President Schutt stated, okay thank you everybody for your commentary.  I appreciate the open dialogue with everybody.  I think everybody is doing a great job as well on Council and the Mayor and all of our Department Heads as well.  So we'll just carry on with it at the next Council meeting on the 16th.

PARKS & REC:

  • Blue Field Grass Track for Softball Fields (Lewis Landscaping - $6,402.16)

Reporting on behalf of Mr. McAvinew, Mr. Wynne stated, Mr. McAvinew asked me to speak on this item.  In August, Council approved an expenditure of $33,036 to Lewis Landscaping for renovations to two of the softball fields and part of that renovation only included replacement or installation of a grass track and drainage on one of the fields with the intention of doing the second field in the Spring.   Conditions being as they were when the contractor was out there doing the work it made sense to move forward and do it with the second field also which was outside the scope of the initial approval of $33,036 so that's why we're requesting for approval for $6,402.16 with the installation of the grass track and the drainage on the second field. 

Council President Schutt asked, any questions for Mr. Wynne?

ANY OTHER MATTERS:

Council President Schutt asked, are there any other matters to come before Council at this time?

Mr. Williams stated, yes, I wanted to provide an update on the discussion regarding deer population in Ward 4 just to let everyone know.  Thanks to the help of Diane Wolgamuth and the Mayor, a representative from the Department of Natural Resources will be making a site visit to Ward 4 next week, Tuesday, November 10th, to help us determine the appropriate next step to discuss the deer population in Ward 4.  We will provide an update from that session in an upcoming meeting.

Council President Schutt stated, thank you Mr. Williams.  Are there any other matters?

There were none.

There being no further matters, the meeting concluded at 7:49 p.m.