Council - February 17th 2015

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MINUTES OF THE REGULAR MEETING OF COUNCIL
Mayfield Village Civic Hall
Tuesday, February 17, 2015 - 8:00 p.m.

The Council of Mayfield Village met in Regular Session on Tuesday, February 17, 2015 at Mayfield Village Civic Hall.  Council President Buckholtz called the meeting to order at 8:00 p.m.

ROLL CALL: 

Present: Mr. Buckholtz, Mr. Jerome, Mr. Marquardt, Mr. Marrie, Mrs. Mills and Mr. Saponaro

Also Present: Mayor Rinker, Mr. Wynne, Ms. Calta, Chief Edelman, Chief Carcioppolo, Mr. Marrelli, Mr. Metzung, Mr. Thomas, Mr. Cappello, Mr. DiNardo, Ms. Wolgamuth, Mr. Esborn and Mrs. Betsa

Absent: Dr. Parker

The Pledge of Allegiance to the Flag was given.

OPEN PORTION:

3-minute limit imposed by Chair. Those who wish to speak must first state their name and address.

Brian Carr
1392 SOM Center Road
Mayfield Heights, OH

I am here representing Lynne Hamill and Tim Scasny. This is the item under Old Business, BZA Case No. 2014-04.  I am sure that Council and the Mayor have looked at the Minutes of that meeting.  It was rather lengthy.  I understand that the BZA denied the appeal that was filed.  In a nutshell, I don’t want to belabor the point because a lot of this was discussed in the evidence we believe support our position submitted to the BZA. To summarize, we had an issue with the September 8, 2014 letter but I am referring to it as a decision of the Building Commissioner regarding my client’s property.  Specifically, my clients reside at 648 Meadowood Drive. In the rear of the property, there is a structure. This was the matter that was in prior litigation. At the conclusion of that litigation, my clients then went forward to try to complete the construction on the inside of the structure.  That goes back a little while.  Fast forwarding to September 2014, my clients were attempting to obtain the final permits, specifically plumbing, gas and electrical, in order to complete the interior of the building.  We have the September 8, 2014 letter from the Building Commissioner.  Apparently what had occurred was all the permit applications my clients filled out were submitted to the Building Commissioner and in response is the aforementioned letter dated September 8, 2014 which I will say conditionally approves some of the permit applications but the issue that we have and the issue we brought to the Board of Zoning Appeals is referred to as a note.  It’s page 2 of the Building Commissioner’s letter and it states, it’s very short, it states under no circumstances shall the issuance of this permit or any other permits previously issued or hereinafter issued be deemed to allow the owner of the premises to use the detached garage as a second habitable dwelling unit. The garage structure may not be used as a habitable dwelling unit.  The issue that we have and the issue that we placed before the BZA was, there are a number of issues, but specifically and most importantly, one, that the structure is not a garage structure, it’s an additional structure, but most importantly is that there is no authority in your Code anywhere where it says that a second structure cannot be used as a habitable dwelling unit.  It’s simply not in your Code.  We raised that and other issues to the BZA and as you can see, they denied the appeal and affirmed the letter/decision of the Building Commissioner. We just urge the Council to overturn that decision and therefore overturn the September 8, 2014 decision if you will of the Building Commissioner.  If there are any questions, I will entertain them.  If not, I thank you for your consideration tonight.

Council President Buckholtz stated, thank you for your comments.  Does anyone else have any comments at this time?  There were none.

CONSIDERATION OF MINUTES:

Regular Council Meeting – January 26, 2015

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

ROLL CALL:

AYES: All 
NAYS: None

Motion Carried. January 26, 2015 Minutes Approved.

COMMENTS FROM MAYOR RINKER

Mayor Rinker stated, kind of a bittersweet night in a lot of ways, but before I get started I first want to tell everybody the expressions of condolences you provided for my mother’s passing away really were very much appreciated.  I promise to get back with everyone who has written. We got a lot of notes and appreciate it. The family definitely appreciates it.  But I mention my mother because tonight we are recognizing two very accomplished women whose services have been greatly greatly needed, enjoyed, and whose retirement or departure is going to be greatly missed.  I can tell you that if my mother were here, she would be bending her ears trying to find out more about what you were doing.  My mother was a backyard naturalist. She used to work for lawyers and she even fostered a son who is trying to carry out the good name.  It’s a very special night.

Before I read the Proclamation we prepared, we did receive a letter from Rick Tyler, a former compatriot who apologizes for not being here.  Mayor Rinker read a few comments from the letter, “I literally can write volumes about all the projects that we worked on together that run the gambit of solving flooding problems caused by North Chagrin beavers, working in the wee hours of the morning calling in and tracking coyote groups, chasing down a rabies crazed coyote at North Chagrin, controlling evasive plants, spotlight surveys of deer, your amazing data records of thousands of Canada geese. Then when you let me assist you with some mapping of Mayfield Village wetland, I had no idea how much physical field time you would be putting into the project.  I can never think of the Mayfield Village wetlands without associating your signatures of land stewardship, interpretation and data gathering and overseeing its progress from golf course to natural area.  Despite some of our notions of retirement, we all know that on any given day from here on, any of us will probably find you out in the field doing the ‘Deb’ thing. Congratulations from Rick Tyler.”

Proclamation of Appreciation to Deb Marcinski

Mayor Rinker presented a Proclamation of Appreciation to Deb Marcinski. 

Mayor Rinker also presented an Outstanding Citizen Award to Deb Marcinski in recognition of her dedication to our community. We are forever in your debt.

Resolution No. 2015-04, entitled, “A Resolution of Appreciation to Diane Calta.”
Introduced by Mayor Rinker and Council as a Whole.

Mayor Rinker presented the Resolution to Diane Calta. 

Mayor Rinker also presented an Outstanding Citizen Award to Diane Calta in recognition of her service to the community.

Mr. Marrie, seconded by Mrs. Mills, made a motion to adopt Resolution No. 2015-04.

ROLL CALL:

AYES: All   
NAYS: None                                        

Motion Carried. Resolution Adopted.

Ms. Calta stated, you will all be very very missed.

Council took a break for refreshments at 8:15 p.m.  Council reconvened at 8:25 p.m.

COMMENTS FROM COUNCIL PRESIDENT BUCKHOLTZ

There were no comments.

DEPARTMENT HEAD REPORTS:                          

SERVICE – Douglas Metzung

Mr. Metzung had nothing to report other than to say Congratulations to both young ladies on their retirement and in moving on.  We are going to miss them both.

BUILDING – John Marrelli

Mr. Marrelli agreed with everything Mr. Metzung said.

ENGINEERING – Tom Cappello

There was no report.

LEGAL DEPARTMENT – Diane Calta

Ms. Calta had no report other than to say thank you.  Everyone will be dearly missed. I won’t be far away. Hopefully we will all keep in touch.

FIRE – Chief Eugene Carcioppolo

Chief Carcioppolo had nothing to report, but to say the same as everyone else.

FINANCE – Ron Wynne

Mr. Wynne reported, our outside auditing firm is in doing the audit for 2014.  They should be wrapped up by the end of this week.

POLICE – Chief Richard Edelman

Chief Edelman stated, as far as Diane, I am going to miss you. Also, we discussed dispatch a little bit in the Finance Committee meeting.  The Fire Chief and I will be putting together a recommendation for the next Caucus and will hopefully have a lot more detail to discuss with you at that point.  One of the issues we talked about was employee retention.  I know that was a big concern.  Of my 5 full-time dispatchers, two of them have received conditional offers in Willoughby Hills and will be leaving us in the next few weeks. One of them will be retiring when we close our dispatch center. The fourth one has been courted by Chagrin Valley for over a year now so she will more than likely go there. The fifth full-time dispatcher has not shared her plans with me. That’s our status right now as far as our dispatchers are concerned.  I will have more information for you.

PARKS & RECREATION – Bill Thomas

Mr. Thomas reported, this Saturday, February 21st from 6:00-9:00 at Wildcat Sport and Fitness is the second annual Family Fun Night.  It is geared toward families and offers carnival games, inflatable obstacle course, face painting, entertainment and food. We have gift certificates from local merchants for a raffle and prizes.  Everyone is welcome.

The Senior Services Report – next Lunch N Movie is March 11th. The movie is 100 Foot Journey. Reservations are due by March 4th. There is a foot clinic on March 27th from 1:00-3:00.  The cost is $20.  Please call Donna to make reservations. Volunteers from AARP will be doing taxes for Mayfield Village seniors on April 6th. Residents should contact Donna to make an appointment. 

I also wanted to tell Diane how much I am going to miss you.  Good luck in your new venture.

ARCHITECT – Ron DiNardo

There was no report.

PLANNING DEPARTMENT - Ted Esborn

There was no report.

ADMINISTRATION – Diane Wolgamuth

Ms. Wolgamuth stated, I have no report. Diane, I will miss you horribly.  I liked being Diane and Diane.

STANDING COMMITTEE REPORTS:

Activities Committee – Mrs. Mills reported, I have the sign-up sheet for pancake breakfast.  Our next meeting will be on April 7th. We have not met since January. I reported on that meeting already.

Architectural Review Board – Mr. Marrelli reported, Architectural Review Board will be meeting next Thursday.

Board of Appeals – Mr. Marrelli stated, Board of Appeals met tonight and approved the sign variance for signage on SOM Center for future commercial development.

Cemetery – Mrs. Mills had nothing to report.

Citizen's Advisory Board – Mr. Marrie reported, we are going to meet on Monday the 23rd. Both Chiefs will be there to discuss the proposed dispatch consolidation.

Drainage and Infrastructure Committee – Mr. Jerome reported, we met tonight. We discussed a couple issues with applicants from last year and a couple from this year.  I had to leave early. Tom, was there anything to add?

Mr. Marrie replied, no. We considered the new ones.  The one was a $2,000 job and we went ahead and did that one.

Mr. Jerome stated, at the next meeting we will be discussing the update on the Village flooding throughout and discuss the issues with the engineer to see how those curtail into everything else we are doing.

Safety and Service –.Mr. Marrie reported, Safety and Service met two weeks ago.  One of the discussions was on the proposed dispatch consolidation.

Finance Committee – Mr. Saponaro reported, we met this evening at 6:30.  There were 7 items on the agenda. Six were approved.  One was removed.  We also had a discussion regarding the regional dispatch centers. Thank you Chief for updating us on that. They will be providing us with their recommendation. We spent the bulk of the meeting discussing the proposed budget. There is more information we will be obtaining.  If any Council person not at the meeting wants to have any information, let me or Ron know.  It was a very good meeting. Much appreciated.

Historical Society – Mrs. Mills stated, there is no report.

Hillcrest Council of Councils – Mr. Jerome stated, there was no meeting.  There is no report.

Ordinance Review Committee – Mr. Marquardt stated, there was no meeting.  There is no report.

Planning and Zoning – Mr. Marquardt reported, Planning and Zoning met on February 2nd and recommended approval of renewing the 20 Conditional Use Permits that are on the agenda tonight as well as recommending approval of the new Conditional Use Permit on the agenda tonight.

Recreation Board - Mr. Marrie reported, Recreation Board is meeting tomorrow night.  While I have the floor, I want to say goodbye to Diane and wish her the very best. You certainly will be missed.

Commission on Aging – Mrs. Mills reported, the next meeting will be March 26th at 11:00 at the Community Room. The agenda will include the recap of the January trip, discussion of the 2015 trips, Lunch N Learn programs and the May Anniversary Party.

SPECIAL COMMITTEE REPORTS:

Information & Technology – Council President Buckholtz reported, Steve Jerome and I met tonight and nominated Steve Parker to head up that Committee.  We discussed very little at this meeting.  We will be meeting with Jeff Thomas to discuss the web.

Records Commission – Mrs. Mills reported, we will be meeting this Thursday.

Community and Economic Development - Mr. Saponaro stated, there was no meeting. There is no report.

The Grove Committee – Mr. Jerome stated, there was no meeting. There is no report.

OLD BUSINESS:

Motion to take from table motion to affirm the Board of Zoning Appeals decision of November 25, 2014 in Case No. 2014-04 and deny the appeal to Council.

Mr. Saponaro, seconded by Mr. Jerome, made a motion to take from table motion to affirm the Board of Zoning Appeals decision of November 25, 2014 in Case No. 2014-04 and deny the appeal to Council.

Roll Call:        

AYES: All   
NAYS:  None           

Motion Carried. Motion removed from Table.

Motion to affirm the Board of Zoning Appeals decision of November 25, 2014 in Case No. 2014-04 and deny the appeal to Council.

Mr. Saponaro, seconded by Mr. Jerome, made a motion to affirm the Board of Zoning Appeals decision of November 25, 2014 in Case No. 2014-04 and deny the appeal to Council.

Roll Call:        

AYES: All
NAYS: None

Motion Carried. Board of Zoning Appeals decision of November 25, 2014 Affirmed. Appeal denied to Council.

NEW BUSINESS:

Motion to authorize expenditure in the amount of $7,000 to Advantage Contracting for new windows and repairs to 6827 Thornapple.

Mrs. Mills, seconded by Mr. Marrie, made a motion to authorize expenditure in the amount of $7,000 to Advantage Contracting for new windows and repairs to 6827 Thornapple.

Council President Buckholtz asked, any discussion?  There was none.

Roll Call:      

AYES: All      
NAYS: None           

Motion Carried. Expenditure Approved.

Motion to authorize expenditure in an amount not to exceed $23,000 to Northcoast Two Way Radio, Inc. for new car changeovers and equipment.

Mr. Saponaro, seconded by Mrs. Mills, made a motion to authorize expenditure in an amount not to exceed $23,000 to Northcoast Two Way Radio, Inc. for new car changeovers and equipment.

Council President Buckholtz asked, any further questions?

Mr. Saponaro stated, once we approve this, the Chief will be able to order the equipment.  It will take about 6 weeks.

Roll Call:      

AYES: All                
NAYS: None          

Motion Carried. Expenditure Approved.

Motion to authorize expenditure in the amount of $99,867.74 to Bureau of Workers’ Compensation for yearly assessment for 2015.

Mr. Saponaro, seconded by Mrs. Mills, made a motion to authorize expenditure in the amount of $99,867.74 to Bureau of Workers’ Compensation for yearly assessment for 2015.

Council President Buckholtz asked, any questions?

Mr. Wynne replied, this is just our annual assessment. It’s about $22,000 less than last year’s.  It’s a calculation based on wages. The reason it went down is because we had some claims that have cycled out of our experience in the calculations.

Council President Buckholtz asked, any other questions? There were none.

Roll Call:      

AYES: All                
NAYS: None          

Motion Carried. Expenditure Approved.

Motion to approve recommendation from Planning & Zoning Commission for Conditional Use Permit to allow Salon Services at Gargiso Properties, Ltd., 6449 Wilson Mills Road.

Mr. Saponaro, seconded by Mrs. Mills, made a motion to approve recommendation from Planning & Zoning Commission for Conditional Use Permit to allow Salon Services at Gargiso Properties, Ltd., 6449 Wilson Mills Road. 

Council President Buckholtz asked, any questions?  There were none.

Roll Call:      

AYES: All                
NAYS: None          

Motion Carried. Recommendation Approved.

Motion to approve recommendation from Planning & Zoning Commission to renew list of twenty (20) Conditional Use Permits with new expiration date of December 2016.

1. Ken’s Auto Body (744 SOM Ctr. Rd)
2. Dr. Jeffrey Eadie & Megan Ursick, DDS (865 SOM Ctr. Rd.)
3. Man’s Hair Barbershop (6579 Wilson Mills Rd.)
4. Georgian Center (Medical) (730 SOM Ctr. Rd.)
5. Noreen Londregan Dance (750 Beta Dr.)
6. Lakeshore Dance & Gymnastics (701 Beta Dr.)
7. Mt. Vernon Square (Medical) (6690 – 6700 Beta Dr.)
8. Progressive Ins. Claims Center (651 Beta Dr.)
9. Hilton Garden Inn (700 Beta Dr.)
10. Governor’s Village Assisted Living (280 NCB)
11. Altercare REHAB (290 NCB)
12. Heinen’s (Use of Village Land) (860 SOM Ctr. Rd.)
13. Beta Drive Conference Center (700 Beta Dr.)
14. Health 360 (700 Beta Dr.)
15. Cuyahoga County Public Library (500 SOM Ctr. Rd.)
16. Sign-A-Rama (731 Beta Dr.)
17. Forest City Tree Protection (731 Beta Dr.)
18. Crooked River CrossFit (701 Beta Dr.)
19. Koinonia Homes (701 Beta Dr.)
20. Color Luxe (6571 Wilson Mills Rd.)

Mr. Saponaro, seconded by Mr. Marrie, made a motion to approve recommendation from Planning & Zoning Commission to renew list of twenty (20) Conditional Use Permits with new expiration date of December 2016 incorporated above by reference.

Roll Call:      

AYES: All                
NAYS: None          

Motion Carried. Recommendation Approved.

Mr. Jerome asked, the Library is on residential property, but it’s not considered a municipal use, so it has to get a Conditional Use Permit?

Ms. Calta replied, yes.  There’s a whole explanation we went through when they were located there.

Mr. Jerome asked, if we had a building there, we would need this obviously, but they are separate entities, so they need it?

Ms. Calta replied, I don’t think it’s dependent upon them being a separate entity. I think it’s dependent upon the use and what is listed in the Code.  I will get you the letter we did back then. We did some extensive research on the zoning and how it was necessary for that permit.  It’s split zoning.  Part of it is residential in the front and then it splits into the commercial.

Mr. Saponaro added, the layercake.

Motion to authorize an expenditure in the amount of $5,500 to TMS Engineers, Inc. to perform a traffic impact study for the proposed Community Room project and a pedestrian crosswalk study at SOM Center Road and Sandalwood Drive.

Mr. Saponaro stated, this item will be removed from the agenda pursuant to discussions at the Finance Committee meeting.

Mayor Rinker added, for the record, my understanding is we originally had two different issues to be evaluated. One of them has been removed.  Sandalwood Drive is subject to further discussion.

Mr. Saponaro stated, if we do this now, it really does not give us the greatest study of the pedestrian traffic during this time of the year. That part is better served later on. We will continue with what we did for the proposed Community Room but table the other until the weather is warmer.

Mr. Jerome asked, does the study rely on pedestrian’s walking? 

Mr. Saponaro replied, yes.  It relies on pedestrian traffic.  It’s not going to give us the correct read.

Mr. Jerome stated, Tom had said that years ago when they talked about the Fire Station, about how that laid out.

Mr. Marrie stated, we talked about it tonight in Finance. The Chief is going to look into it. 

Mr. Jerome stated, okay, we will figure that out later.

Mayor Rinker stated, but in the meantime, the Community Room, because we are looking at the combining curbcut for Center School, reciprocal parking, changing the geometry and overall needs, it seemed to make a lot of sense to upgrade the uses right now. Those counts should be pretty accurate.

Motion to acknowledge receipt of financial reports for January 2015 and to approve of same as submitted.

Mr. Saponaro, seconded by Mr. Marrie, made a motion to acknowledge receipt of financial reports for January 2015 and to approve of same as submitted.

Council President Buckholtz asked, any questions?  There were none.

Roll Call:      

AYES: All                
NAYS: None          

Motion Carried. Financial Reports for January 2015 Acknowledged and Approved.

First Reading of Ordinance No. 2015-03, entitled, “An ordinance appropriating funds and expenditures of Mayfield Village, Ohio for the period from January 1, 2015 and ending December 31, 2015 and declaring an emergency.” Introduced by Mayor Rinker and Council as a Whole.

Ordinance No. 2015-03 was left on First Read.

First Reading of Ordinance No. 2015-02, entitled, “An emergency ordinance authorizing an agreement with Delta Dental as and for an employee dental program.”  Introduced by Mayor Rinker and Council as a Whole.

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

Roll Call:      

AYES: All                
NAYS: None

Motion Carried. Rules Suspended.

Mrs. Mills, seconded by Mr. Saponaro, made a motion to enact Ordinance No. 2015-02.

Council President Buckholtz asked, discussion?

Mr. Wynne stated, our dental plan expires April 1st. We have not had any increases for the past several years.  This renewal has a 7.9 increase but we will be locked in for the next couple years. The increase amounts to about $3,500 a year.

Roll Call:      

AYES: All                
NAYS: None

Motion Carried. Ordinance Enacted.

ANY OTHER MATTERS:

Council President Buckholtz asked if there were any other comments.

Mrs. Betsa reported, Charter Review Commission has commenced their meetings. They will be meeting every other Wednesday, the same week as Council, until they are completed with their review.  Minutes will be available on the website.

ADJOURNMENT

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

The meeting adjourned at 9:00 p.m.  The next Council meeting is scheduled for Monday, March 16, 2015 at 8:00 p.m.