Council: January 23rd 2017

MINUTES OF THE REGULAR MEETING OF COUNCIL
Mayfield Village Civic Hall
Monday, January 23, 2017 - 8:00 p.m.

The Council of Mayfield Village met in Regular Session on Monday, January 23, 2017 at Mayfield Village Civic Hall.   Council President Saponaro called the meeting to order at 8:00 p.m.

ROLL CALL: 

Present: Mr. Jerome, Mr. Marquardt, Mr. Marrie, Mrs. Mills, Dr. Parker (8:10), Mr. Saponaro, and Mr. Williams

Also Present: Mayor Bodnar, Mr. Wynne, Mr. Guidetti, Chief Edelman, Mr. Marrelli, Mr. Metzung, Chief Carcioppolo, Mr. Thomas, Ms. Wolgamuth, and Mrs. Betsa

Absent: Mr. Cappello

The Pledge of Allegiance to the Flag was given.

Mayor Bodnar stated, we have the Open Portion of the agenda coming up, but before that, I would like to make a brief statement.  It has come to my attention that some inaccurate statements have been made on social media regarding my involvement in the proposed healthcare legislation for Council.  I feel that it is necessary for me to go on the record to correct these misstatements.  Others have graciously offered to make the statements on my behalf and I appreciate that, but it is necessary that you hear the truth and that you hear it from me.

First of all, apparently an Ordinance addressing healthcare benefits for the Mayor was passed in 1980 during Mayor Beebe’s administration.  I do not receive healthcare insurance from the Village.  I was not offered health insurance from the Village and I never requested healthcare insurance from the Village.  This can be verified with Ron Wynne, our Finance Director, and it is also reflected in the Minutes of Council from March 21, 2016.

Second, with respect to the proposed ordinance granting health insurance, you will note that I am not a sponsor of that ordinance, nor am I someone who would receive any benefit from that ordinance. I assure you that both of these things were by design and not by oversight.

Finally, I would ask you that if you see or hear things on social media or anywhere else and because of what you heard you are unsure of the facts about me or my position on any particular issue, I would encourage you to contact me and ask me your questions directly.  I will respond to you and I will respond truthfully.  My door is always open.  Thank you.

Council President Saponaro stated, before we have the Open Portion, the Mayor and I both decided that we should address some of the issues regarding this matter. I responded to some e-mails today and I am going to read you the response.  I am not going to change it so it addresses the crowd, but it is to all of you.

To this gentleman, I wrote, I appreciate your concerns and understand your position.  He was questioning like many of you here, what’s gone on, how is this happening and how does this work?  I am going to take a step back.  When anything comes before Council prior to coming to us, it goes through a vetting process.  That vetting process goes through Committees.  If it is sponsored through Administration, they have their own internal process before it comes to us.  It goes through Committees.  If it is through Council, we put it through Committees.

This healthcare ordinance, when it started, came about because it has been on the agenda and in discussion for Council for a number of years but nothing has been done with it.  It has just sat there.  It goes away.  It doesn’t come back and then it comes back and then we don’t deal with it.  It’s time to deal with it.  My thought was to put it out for discussion, put it through the process and whatever it is, the decision gets made one way or the other.

I wrote, I too want to do everything in accordance with our Charter and Ordinances and Council is not trying to do anything but have an open discussion on the issue.  As such, we consulted with the Law Department for an opinion on this matter and it was this opinion that was used to commence the discussion.  Had the Law Department instructed that a Charter Amendment was required, then so be it.  I have had and will continue to have discussions with the Law Director and Law Department regarding various issues and concerns raised, not only by you all, but internally here, the Administration and so forth and will follow the rule of law and the will of the people.

In my opinion, a proposed Charter Amendment is the best course of action to accomplish that goal regardless of how it turns out.  As a point of clarification, the proposed healthcare ordinance was introduced as a discussion item only on January 9th.  It will not be on Finance or Council agenda until it has been properly vetted through our Committee process. We have to put it through every Committee just like we would anything else.  As such, the item has been placed on the agenda for Ordinance Review.   After Council receives the Ordinance Review Minutes, it will then be vetted through Citizen’s Advisory.  It will then be the appropriate time for this to be discussed in Finance or any other Committee that is appropriate.

Finally, our fellow residents need an opportunity to be heard on the subject and we need to make sure that Council has considered their input in any decision that Council makes.  That’s regardless of this or anything else.  Your voice is welcome.  The only thing we ask is that it is respectful.  As long as things are done where we treat each other with kindness and respect, anything can be accomplished.

Throughout the process, Council will continue to receive the opinion and guidance of the Law Department as well.  There are a lot of things to discuss and consider before this should be put in front of Council in any official capacity, if at all.

I apologize for the lengthy response, but hopefully this sheds some light on the matter. I would ask that if anything is unclear or requires any interpretation of my words, please contact me directly.  That’s important, because what can happen is misinformation as we talk to each other can garner something that is not intended and it’s misinformation.  My e-mail is available. My cellphone is out there. Anyone can call me and contact me. I had a number of people do it in the past week.  I would welcome any recommend anyone doing that.

A member of the audience stated, I have a question.

Council President Saponaro stated, hold on, we are not at Open Portion yet.  We will be.

The audience member stated, kind of dismissive there?

Council President Saponaro stated, this gentleman needs to leave if you are going to be disruptive here.  You need to be quiet and stop talking out loud.  Stop talking out of turn. You are welcome to come up to the podium.  But you did it at the last meeting and you are not going to do it again at this meeting.  Please be respectful of the process.  Thank you.

OPEN PORTION:

Council President Saponaro stated, at this point I am going to have an Open Portion for public comment. Those of you who want to come up, state your name and your address for the record.  What I will ask is this, in the interest of time because if we are talking about the same thing and people want to come up and say I agree with everything that was said beforehand, I have no problem with that.  Just state your name and say, I agree with what was said.  But if you want to put your name on the record, we are fine with that.  But in the interest of time, if we are going to keep repeating the same thing over and over again, everyone’s going to be here a long time.  Whoever wants to start certainly can.  Give me your name, your address and state your comments to Council.

Mark Granakis
872 Hardwood Court

First of all, I want to thank everybody for showing up here today.  From the last Caucus meeting, I heard the comment was, well I guess the Villagers will let us know what they think.  I want to thank the Mayor for her statements and what she said here today.

I could be wrong, but I am pretty sure I speak for most of these people in the room here that we are absolutely against any form of full-time healthcare not paid for for a part-time Council. I am very disappointed as a resident that Council has decided not to completely withdraw this illegal full-time healthcare.  However, I will say it is not a surprise given the tone and direction that this Council has taken since last year when the new Council President was elected.  If you look back through the Council Minutes, you can see from the very beginning what his agenda was and what was proposed by healthcare almost immediately upon his election and in fact he argued with the new Mayor about whether she had healthcare.  The same Council President is the one that has imposed a 3-minute limit to residents wishing to express their opinion on Village issues. It is really for the good of the people that elected him.  Is this really?  I don’t think not.  Although I must say the past President and Council did the right thing by putting it to the residents when they wanted a raise.  That was a proper way to do something for compensation.  This President seeks to go around the residents to give himself full-time healthcare that is not in the best interest of the residents. I don’t think he is thinking of anyone other than himself and other people that are involved here.  There are at least 3 self-employed Council members that would benefit personally from this change. However, this is not the reason that they were elected.  They were elected to serve the community, not themselves.  After the last Caucus meeting, I asked one of the Council people why they would do this.  Sadly, his answer to me was, well it’s just small potatoes.

Lastly, is this really for the best interests of the residents or is it for the best interests of Council?  Please reconsider your actions and withdraw any illegal ordinance or anything relating to full-time healthcare for you Council members. This whole healthcare issue is part-time Council members. Most of the people in this Village pay for their own healthcare and they work full-time. You better start representing the residents here and stop looking out for just yourselves.  Thank you.

Susan Conte
833 Beech Hill Road

I agree with my brother-in-law wholeheartedly.  This is wrong.

Paula Conte
1090 Washington Boulevard Extension

I want to make it clear that there was never anything said that the Mayor initiated this.  I have lived in the Village for 40 years.  I am very disappointed.  Yes, I have heard several comments that people don’t come to these meetings, but look around.  They are here.  Because you know what?  We put our trust in you and for you guys to try to slide it through, it’s very upsetting.  Yes, we are very upset.  Thank you for your time.

Dino Marino
6807 Bramblewood

I have lived there for about 49 years.  Who initiated this?  Who is the initiator?  Please answer the question.

Council President Saponaro replied, this was initiated or part of a discussion that has been ongoing.

Mr. Marino stated, that was not the question.  The question is, who is the Councilperson that initiated this idea?

Council President Saponaro replied, I am the Councilperson that asked the Law Department so we could finally put this out there to the open.

Mr. Marino stated, so that’s the question.  The answer is, me.  Do you have a full-time job?

Council President Saponaro asked, why don’t you complete your thoughts?

Mr. Marino asked, do you have a full-time job?  It’s a question.  Yes or no.

Council President Saponaro stated, if you want to have a discussion with me about my personal stuff, I am happy to discuss it with you. Not on the floor of Council.  If there are other comments you would like to make, please do so.

Mr. Marino stated, c’mon.  Does anybody on the floor have part-time jobs?

The audience made responses.

Council President Saponaro stated, address what you want to say here.

Mr. Marino stated, you don’t want to answer the question.

Council President Saponaro stated, I am happy to do that after. It’s not a dialogue here. You are giving your comments.  We are listening to it and then we will respond accordingly.  Say your comments and then we can go from there.

Mr. Marino asked, how many people have part-time jobs to have full-time coverage?

Council President Saponaro replied, I don’t have the answer for that.

Mr. Marino asked, do you know any that has full-time coverage and works part-time?

Council President Saponaro replied, all I know is we want to make a determination one way or the other and put this finally to rest.

Mr. Marino asked, why won’t you answer the question, sir?  I am asking.  The question is very simple.  Do you know any individuals who works part-time that has full-time coverage?

Council President Saponaro stated, Mark, find out who works part-time and gets full-time.  Our Law Department will look into that for you.

Mr. Marino asked, do you know any?

Council President Saponaro stated, it does not matter if I personally know it. It is not about me personally.

Mr. Marino stated, yes, it does matter.

Council President Saponaro stated, no it’s not.  If there are any other comments you want to make –

Mr. Marino stated, basically what you are telling is that when you say we are equal under the law, you are more equal than we are because you can decide whether or not you want full-time benefits from us.

Council President Saponaro stated, no we can’t and that was the whole point.  The whole point was we can’t decide that.  The whole point was to have a discussion so this finally gets put to rest so that we put it out there in the open instead of having it linger there.  That’s what’s been going on with this.  Instead of doing the political thing and not addressing it, what I wanted to do was put it out there and address it, that’s all. No one was trying to keep this from anyone else. We were putting it out there.

Mr. Marino stated, I grew up in Italy and –

Council President Saponaro stated, no one made a decision, we need to let it go through the vetting process.  Whatever comes out ultimately, whatever it is, it is.

Mr. Marino stated, all of you agree, obviously.

Council President Saponaro stated, no, all of us did not agree.  All we are trying to do is put this to rest finally, if people either want it or they don’t, but it has been lingering for too long.

Mr. Marino stated, define that.  Who’s the people?  Us?

Council President Saponaro stated, sure, absolutely.

Mr. Marino asked, you are going to put this to a vote?

Council President Saponaro stated, to you?  Did you hear my remarks?  I said it should go to Charter amendment.  That’s what I think it should.

A member of the audience stated, that’s a change from the Caucus.

Council President Saponaro stated, it’s not a change from the Caucus.

The member replied, that is definitely a change from the Caucus.

Council President Saponaro stated, my personal opinion is it is Charter amendment. I followed the Law Department who said that we don’t have to go through Charter amendment.  That was another opinion.  We follow our Law Department. They are the purveyors of the law for us.  But we are allowed to make our own opinions on this.

By the way, I did not impose the 3-minute limit.  That’s been on for years. That has nothing to do with me.

Mr. Marino stated, thank you.

Ally Granakis
872 Hardwood Court

At Caucus, you guys did discuss that it was going to go through three readings and then it was going to pass through ordinance.  There was nothing discussed about this going through Charter amendment.  I actually specifically asked about that and it was said that that was not going to happen.  If it was going through Charter amendment, it would be put to us and we would have the chance to vote on it. Now it has completely changed because there’s a problem and we have an issue with it.

Council President Saponaro stated, no, it’s not completely changed for that.  We rely on our legal department.  They told us what we can do.  If there is an issue with it, then we address it.  That’s why it was a discussion.  Someone asked about an ordinance.  It takes three readings to pass an ordinance, any ordinance.

Ms. Granakis continued, correct, and this is an ordinance.

Council President Saponaro stated, that’s right.  It is an ordinance.  But it can be an ordinance that we are going through the process, let’s talk about it.  We determined that this should be a Charter amendment.  Our law department gives us more information or says, hey, this should go through Charter amendment, then it goes through Charter amendment.  We don’t have a problem.  We are trying to put it through the right way.  That’s all.

Ms. Granakis asked, when did you determine that it was going to be a Charter amendment?

Council President Saponaro replied, I am determining.  The person I wrote to, I personally gave them my opinion on that.  My personal opinion.

Ms. Granakis stated, because when I specifically asked my personal opinion and read from our Charter that this was going to be a violation because you are violating where we say that this is determined as compensation, you said that this is going to be passed as an ordinance.

Council President Saponaro stated, no, that’s not –

Ms. Granakis stated, yes.

Council President Saponaro stated, I don’t remember when you even got up and talked unless you were yelling out in the audience.

Ms. Granakis stated, yes, you would not allow us to talk because it was a Caucus meeting, so yes it was yelled out from the audience.

Council President Saponaro stated, and ma’am, at a Caucus, there is not an open portion.  This is where you have an open portion.  You guys were yelling out and you were interrupting the meeting and throwing accusations. I told each and every one of you, if you have questions for any of us, you have our phone numbers, you have our e-mail, you certainly can talk to any of us.  I did not receive any phone calls from any of you.  We could have answered any of your questions. We do it all the time.

Ms. Granakis stated, I do not want them answered through e-mail.  I would rather have them answered here where everybody can hear it.

Council President Saponaro stated, that’s perfectly fine.  But if you are going to go back to when you were yelling out questions, I am not hearing all of your questions number one and number two it’s not appropriate, but this is the right place.

Ms. Granakis asked, were they recorded by the Clerk?

Council President Saponaro asked, Mary Beth, did you record what everyone said out there?

Mrs. Betsa stated, some of it was inaudible.

Ms. Granakis stated, fine.

Council President Saponaro stated, so if you have questions, if you have comments that you want to make –

Ms. Granakis asked, so has this ever been reviewed by Charter Review Committee before?

Council President Saponaro stated, it went before them and they were told that it is not for Charter Review so they chose not to deal with it because they were told it was an ordinance.  It was to be handled through ordinance because of –

Ms. Granakis stated, because it’s illegal.

Council President Saponaro stated, I don’t know, are you a lawyer?  I don’t know how it’s illegal or not.

Ms. Granakis asked, have you had it reviewed by an employment attorney at all?

Mr. Guidetti replied, that is what we can do. I can say the issue is certainly not black or white.  The Village is rather unique in the fact that it is a Charter municipality.  A lot of the case law that addresses this question deals with non-Charter communities.  So, ultimately our Charter has strong language that defers to interpretations by the Council.  That is the opinion we provided.  We are certainly open to any and all other authority that anybody wants to provide us and we will continue looking at it.

Council President Saponaro stated, and that’s what we started the conversation on, but this was meant to be an open discussion. This was not meant to be a, this is what we’re doing, take it or leave it.  This was going through the normal process that we do with anything else and we know it’s inflammatory, I know it’s inflammatory. It would have been easy to say nothing about it, but it keeps sitting out there.  We have had this sitting out here on Council for years.

Ms. Granakis asked, so I just want to clarify on the record that you are putting this to a vote or you are not voting on it?

Council President Saponaro stated, if it even gets to that point, my recommendation would be that it is a Charter amendment.  I hear what everyone’s saying.  The Mayor and I had good discussions on it.  We are on the same page with it.  We respect our legal department, but if people want to have this for a vote, I have got no problem with that.  We didn’t believe that we could decide we want this ordinance to actually be through Charter. We didn’t think we could pick and choose. If it can be on Charter, if it gets to that point, then it will.  And it will come before us anyways in order for it to even get on the ballot to be voted as a Charter amendment.

Ms. Granakis stated, it shouldn’t even be on the ballot.  It’s illegal and I seriously beg you to reconsider and actually have an employment attorney take a look at it.

Council President Saponaro stated, I think you need to address the illegality of it.

Ms. Granakis stated, I really think you should call the State auditor about this.

Mr. Guidetti stated, it can certainly go to Charter Review and be enacted that way.  Like I said ultimately it is a decision for Council to make and if Council wants to go to Charter Review Committee, that’s an appropriate entity to review it.

Ms. Granakis stated, right.  And here’s the thing –

Council President Saponaro stated, but she’s telling you that, the advice that you are giving has been illegal.

Ms. Granakas stated, correct.  I really disagree.  I think it needs to be reviewed by somebody else.

Council President Saponaro stated, as a law department, you should answer that.

Mr. Guidetti stated, like I said, it’s a gray area.  There’s no black or white answer in this issue.

Ms. Granakis stated, there’s a lot of gray area in the tax code too, but the IRS is certainly going to throw a fine at you if you do something wrong if they decide that it is wrong.

Mr. Guidetti replied, that’s correct.  But this isn’t an IRS matter.  This is a Charter matter and our Charter does not have it.

Ms. Granakis asked, it’s not an IRS matter in terms of the definition of compensation or because you are saying it’s not an IRS matter?

Mr. Guidetti replied, because you don’t use IRS language to interpret a municipal Charter.

Ms. Granakis stated, okay.  Well, I still think that you need to have an employment attorney take a look at it because it’s still illegal.

Mr. Guidetti stated, which is exactly what we are.

Ms. Granakis stated, I disagree.

Greg Powelson
6674 Seneca

This is the first of any of these meetings I have ever attended.  I will tell you what.  My heart is racing.  I feel anxiety.  This is horrible.  This is just horrible.  I received this like probably a lot of other people did and I looked at and I am like, wow, I did not know about this.  What’s going on?  You have seen this, right?

Council President Saponaro replied, I have seen it, but whoever wrote it didn’t put their name on it so we couldn’t address them.

Mr. Powelson asked, have you seen this?

Council President Saponaro replied, it was forwarded to me, yes.

Mr. Powelson asked, did you read it?

Council President Saponaro replied, yes, of course I did.

Mr. Powelson asked, is there anything on here that’s not accurate?

Council President Saponaro asked, do you want me to go through it and give you what’s accurate or not?  Is that what you are asking for?

Mr. Powelson stated, I was concerned about the re-classification from part to full-time.

Council President Saponaro stated, I can’t speak to any of the legal part of it because that’s the legal department.  I can’t talk about that.  We go by what the law department says.  As I said in my statements, if the law department said at the very beginning in their opinion to Council, hey, this is a Charter amendment issue, then it’s a Charter amendment issue.  We have no problem with that.

Mr. Powelson stated, I am okay with that.  I was just curious.  Is there’s something on this, and maybe you don’t know and if you don’t know, that’s fine.  Is there something on there that’s not accurate?  I see some specific facts that talk about part-time being redesignated as full-time, insurance being provided, in lieu of that, some sort of cash compensation.  Is that stuff accurate?

Council President Saponaro replied, some of the stuff is part of the proposed ordinance because it’s based on the existing ordinance. That’s what it’s based on. So, I am not saying it’s not accurate.  What the law department did is they took the existing ordinance and made a change to it.  They didn’t create a separate ordinance for it.

Mr. Powelson asked, so those things are accurate that are on there?

Council President Saponaro replied, I don’t know.  He knows.  He can tell you more if it is accurate or not.

Mr. Powelson stated, I think this is what has these folks riled up here.  Re-classifications and the whole thing.

Council President Saponaro stated, I can’t speak to you on that.  That was all the point of having the discussion so that we can talk this through and determine if this is something that we even want.  But we have to have an open discussion about it because it has not been out there. Council has not put it out there to have an open discussion.  It’s hard to have an open discussion because this is the concern because people will look at it like we are trying to be self-serving.

Mr. Powelson stated, I support you guys, you are 100% above board.  I don’t question any of that. I think you guys have done an amazing job and I love living in Mayfield Village.  But honestly, that concerned me.  The other thing that concerned me was I think the thing that you said with the most frequency today is, you know what, this thing was sitting out here?

Council President Saponaro replied, it was.

Mr. Powelson stated, I agree.  And it would have been irresponsible to continue to let this thing –

Council President Saponaro stated, it had just been sitting out there and it kept coming up so we needed to take care of it one way or the other.

Mr. Powelson stated, beautiful.

Council President Saponaro continued, let’s bite the bullet and let’s do the hard job that you elected us to do and deal with it.

Mr. Powelson stated, absolutely.

Council President Saponaro stated, instead of it sitting out there.

Mr. Powelson stated, I am not a pollster.  I have not spoken to everybody in this room, but my gut instinct is the reason there’s a lot of people here is because they are vehemently against this.

Council President Saponaro stated, I understand.

Mr. Powelson stated, my final question for you is, does this Council have the ability as a way of taking care of this of saying, you know what, this has really upset a lot of people.  Maybe we should just agree to kill this thing and not spend our money on it.  Do you have the ability as a Council to say, you know what, this is a bad idea, let’s vote to wipe this thing out and let these people get back on with their lives?

Council President Saponaro replied, we certainly have the ability to do that.  But my question to you would be, should we do that without at least going through the process of going through the Committees?  Doesn’t the same thing apply to everything else that we do?

Mr. Powelson stated, I would argue, and you could say I’m crazy, but I would argue if you have probably more people in this room than you have had in a while, and I have not been here so I don’t know, but people say this is a lot of people.  But I would argue if your gut instinct says that 99% of the people that read this feel it is inappropriate, I think that meets the threshold of separating out the 50/50’s and 60/40’s and maybe even the 70/30’s and maybe the 80/20’s.  Do your job.  Give relief to the town.  The town is upset about this.  Give them relief and say, you know what?  We hear you.  We are listening.  You are right.  We don’t want to be reclassified as full-time employees when we are not.  We are not interested in picking up health insurance on the City’s dime.  Man, it just smells bad, dude.

John Michalko
6852 Wilson Mills

First thing I would like to find out is why Council considers themselves employees when the Federal Labor Standards Act says you are not employees, when the Civil Rights Act says you are not employees, the Age Discrimination Act says elected officials are not employees?

Mr. Guidetti replied, as you just outlined, different areas of the law have different definitions and the municipal area of the law in Ohio at least for chartered communities is different and carries different definitions.  That’s the reason why.

Mr. Michalko asked, if they are employees, then they get all of the benefits of every other employee?  Up to and including termination without a recall?

Mr. Guidetti replied, no, there’s specific provisions in our Code and Charter that regulate Council and how Council functions and the procedures that regulate Council.

Mr. Michalko asked, would that be public?

Mr. Guidetti replied, it’s all public, yes.  You can make a public records request for the provisions that regulate Council and get a copy of those.

Mr. Michalko stated, also, the response, the opinion that was given by your office.  To me it seems like you took some liberties in Article III 6(B), it says reimbursement for expenses and then farther down it says, the Charter prohibits increase in benefits and expenses.  Benefits is not listed in the Charter.  Benefits is a form of compensation according to the Federal Government.

Mr. Guidetti stated, again, it is a gray area. The Charter does distinguish between salary and compensation, it doesn’t use the terms interchangeably and that’s the reason for that.

Mr. Michalko stated, it also says it is the discretion of Council that they can do what they want according to your opinion.

Mr. Guidetti replied, correct, and the reason for that statement in the opinion is because the Charter says it is to be interpreted in favor of the municipality.

Mr. Michalko stated, but it also said before any of this could be authorized, any expenses has to be approved by the Mayor and the Director of Finance.

Mr. Guidetti replied, no doubt we have to follow the rest of the Charter provisions.

Mr. Michalko asked, why wasn’t it just written up the way the Charter is written instead of interpreting by adding in the word benefits?

Mr. Guidetti replied, this goes to any basic legal opinion.  So you have the pertinent portions of the Code in the opinion.  You can’t include everything. I think ideally would you want to include every single line of every single code provision that applies?  I guess that would be an ideal world okay, but then you would have opinions that are hundreds of pages long.

Mr. Michalko stated, well, just follow the Charter.   That does not have benefits listed in it.

Mr. Guidetti replied, again it goes back to, it doesn’t have a clear definition of salary versus compensation.  That’s the issue.  The Charter is just not clearly drafted in that regard.

Mr. Michalko stated, those are my two items, but there’s one more Joe for you, according to the Charter, it’s 5 minutes for Council for open portion instead of 3 minutes.

Council President Saponaro stated, it’s been 3 minutes for a long time.  Thank you.

Fred Carmen
776 Village Trails

I have just three things to say.  One is, I have had the privilege in the past of working with Council.  Council works very hard.  I know that the compensation that gets paid to Council does not cover anywhere close to the number of hours that Council typically works.  Having said that, I think everyone who works on Council recognizes that the reason they do this isn’t because they are getting paid a great amount of money, it’s because they are doing something to better their community.  At the outset, I recognize the contribution that all of Council makes on these kinds of things.

I am an attorney who practices employment law.  I think this is an interim increase in compensation and I think it is patently illegal.  Beyond that, I think that the reason that has been given here for why this has come forward is because it keeps coming up again and again and we want to get rid of it.  The easiest way to get rid of something as I am sure you all know is put it on First Reading tonight, make a motion to pass it, if nobody seconds it it dies right there on the Council floor.  I would suggest that you do that tonight because I think this is one of those hot button issues and I think we have all recognized, the vast majority of Villagers seem to be against, so I would urge you to put it on First Reading, have a First Reading, if there’s a second, everyone will know who seconded it and who is interested in going forward with it.  If there isn’t a second for it, it will die tonight and that will be the end of it.

Council President Saponaro asked, anyone else?

Tim Scasny
648 Meadowood Drive

I agree with a lot that has been said.  To be a Councilperson, it’s a matter of choice.  No one forces you.  You know what it is.  Mr. Carmen spoke eloquently about what I was thinking about.  I just wanted to point out, if you have an extra $150,000-200,000 burning in your pockets, let’s open the pool a little bit longer, a little later at night.  Let’s help the senior citizens.  There are places in Ohio that take extremely good care of their senior citizens as a priority even fixing small repairs and doing things for the elderly and if we have that kind of money, maybe we can start something like that.  We have a staff that could help with that.  I would encourage that that money would be better spent for more people than just a few.  Thank you.

Larry Pollack
6726 Wilson Mills Road

I have lived in the Village over 40 years.  I would like to ask the Council President, are you going to do what the Mayor [Carmen] asked you to do?  Do you need a motion?  Does it come from the floor?  Does it have to come from the Council?

Council President Saponaro stated, if we are going to go that route, we can’t do it now.  We would do it on the agenda when it’s supposed to be done because we have to amend the agenda.

Mr. Pollack stated, Thomas Jefferson said that when you appoint representatives to represent you, sometimes you have to worry when you give them the power because they overuse their power.  Now I think you are using jargon.  You know the will of the population.

Council President Saponaro stated, and I recognize the will of the population. If we plan on doing it tonight, I will do that.  We will put it right in the appropriate part of the agenda, that’s all.

Mr. Pollack asked, when are you going to put it in, the last part of the agenda?  All these people came and took time out.

Council President Saponaro stated, if you look at what’s on the agenda, there’s places for it to go.  We can do that.

Mr. Pollack asked, can you change it?

Council President Saponaro stated, we can amend the agenda if Council-

Mr. Pollack asked, would you amend the agenda so that people can go?

Council President Saponaro stated, I will make a motion to amend the agenda, yes.

Mr. Pollack asked, and that will be done right now so these people can be assured and they can go home to their families?

Council President Saponaro stated, yes, we will do it before so that people can do that and then we can get our Committee members sworn in. 

Mr. Pollack asked, I have your word on that?

Council President Saponaro stated, you can stay and find out my word, okay?  Anyone else?

Mahesh Jhala
6818 Wildwood Trail

I am a retired financial services professional and a financial consultant.  In order for any one entity whether they are structured as an LLC or a corporation to pay the ERISA approved benefit which would be a full-time benefit, it could be for somebody working more than 25 hours a week.  Anybody working less than that and in terms of fair market value making $8,000 or $10,000 working part-time, the value of the full-time benefit comes out to be $25,000, it won’t fly.  It won’t meet the test.  You cannot deduct the healthcare cost on your tax returns. The whole idea is illicit.  Let’s just not promote any more discussion and kill it.  It will not work.

Council President Saponaro stated, thank you.

Brian Wollet
737 Sandalwood

I agree with, especially the last 4 people.  We have some brilliant people out in the audience and also a very smart Council also. I just wanted to add one minor addition.  If we do have $200,000 or more laying around, a property tax rebate would probably be pretty nice.

Jean Vitek
6758 Thornapple Drive

I and my husband agree with the last four or five people.  I have lost track.  That’s all I want to say.

Chris Mitchell
975 SOM

I appreciate it that you have brought this to an issue as you said you were to bring it to the community of Mayfield Village hard working residents.  You mentioned earlier that before this gets voted on actually it is reviewed by a Committee?  Who is that committee?

Council President Saponaro replied, it depends on what we are voting on, but in this case it would go to Ordinance Review which the Law Department sits on there with a member of Council and citizens.

Mr. Mitchell asked, so Council who is going to benefit?

Council President Saponaro stated, one Council member is on it.  Council sits on all Council committees.

Mr. Mitchell asked, they get to vote on this, correct?

Council president Saponaro asked, who gets to vote on it?  Ordinance Review only gives a recommendation.  They say, hey, we think this is in line, we don’t think it’s in line, they tell us.  They come back to Council and give us their report.  It would go to Citizen’s Advisory.  We have a Councilperson that goes on that as well.  It’s not a voting committee but we vet it through residents. That’s what we try to do with everything is vet it through the proper - if it was a Safety and Service type issue, it would go to Safety and Service, Finance would go to the Finance Committee as well.  It goes through all the proper, it has to go through all the proper channels before it can come back to Council if Council was to consider it or not.  There is a vetting process it goes through.

Mr. Mitchell asked, so once it goes through that vetting process and it comes to Council, Council votes on this, correct?

Council President Saponaro replied, they can.  What Mr. Carmen has suggested is correct.  If we want to bring this up tonight and it sits there and no one wants to continue to move it forward, it will die on the floor.

Mr. Mitchell stated, I would like to ditto what former Mayor Carmen said.  There’s a lot of hard working people here who pay over $1,500 a month for healthcare.

Council President Saponaro stated, I pay well over that, so I know.

Mr. Mitchell stated, so you should understand.

Council President Saponaro stated, I do.

Mr. Mitchell stated, thank you for your time.

Mr. Jerome asked, Council President, may I make a statement?

Council President Saponaro stated, sure.

Mr. Jerome stated, over the past week, there has been a lot of outrage and it has been brought to my attention of the specifics of the proposal of insurance for Council members.  I was inappropriately tagged in a Facebook post.  This is not the proper forum for me to have discussion on the matter which vilified me as the instigator of this proposition and I received phone calls and e-mails by displeased residents which I am kind of glad.  I will take phone calls in the middle of the night if I have to.

In this room tonight, I am one of 7 Council members. I did not propose or draft the language or contents of the proposal nor did I know of the proposal’s existence until the Friday of the last Caucus meeting.  I was aware of the discussions over the past year regarding the introduction of an insurance plan available to Council members but did not know to what extent the cost or coverage would be until the evening of Friday, January 6th.

In addition, I want to stress, I am not a lawyer and the law director advises on these matters.  I am in complete agreeance that this is more extravagant plan than I assumed any Council member would get.  I also do not agree with the allowance of $300 to any member who chooses to opt out in the plan.

To infer that I am personally responsible for behavior so devious or dishonest, I am extremely disheartened.  I 100% agree that just as our Council and Mayor’s raise after 15 years was brought to the residents on the ballot, this matter should also be subject to a public vote.  I present to the residents with an open, honest and transparent policy.  I pride myself on continually trying to propose measures which would reduce the cost of tax to residents which is money back in your pocket. I am often one of the few or lone members who vote no on these expenditures and view them as too extravagant or that may be approached in a more frugal way to best benefit the residents. It is easy to go back through public record of Council meetings to affirm this and see that I work for the residents every day and every single meeting. I pride myself in being an advocate for the people and making our Village the best community possible. I thank you for your time.

Council President Saponaro stated, thank you.  Anyone else?

Paula Conte
1090 Washington

I was on that post. I saw the post to Steve.  He just had you because you live on his street.  He was not trying to villainize you. That’s all it was.  He was not trying to make you seem small or that you did this.  I don’t want you to feel that anybody was targeting you.

Mr. Jerome replied, I understand.  It turned into something more.  Facebook’s great for your family photos and pets and stuff.

Ms. Conte stated, that’s how people get the word out.  Honestly, I was the first one to share it.  I am sorry, but I did, because that’s the way I can get the word out.

Mr. Jerome stated, right.  The main thing which I stated was I was trying to avoid a discussion on Facebook that may be just limited to the people in the post. I was the one saying, come to the meeting, I want people to come to meetings and this is where the public forum is for.  That’s my feeling on the situation.

Ms. Conte stated, I just wanted to make sure you don’t feel attacked.  That was never the intent.

Mr. Jerome stated, thank you.  I appreciate it.  Thank you.

Council President Saponaro asked, anyone else before we close the open portion?

Bob Alberry
6691 Thornapple Drive

I have been around this place for 33 years.  At times in my life, I have had two health insurance policies. When it comes time for me to make a claim because I have had some care that has to be paid for and I have insurance and I want to pay for it, I can tell you flat out that about 40 or 50 years ago, I could file claims with two insurance companies and collect on both of them and come out ahead.  I know people who did that.  You can’t do that anymore because the insurance industry has caught up with that process and these people are interconnected.  At this point in time if you have a health event that is going to be paid for by some insurance that you have, it has to be by your principal policy. Only one of these two policies will pay that bill.  You can’t collect on both of them.  For example, I may be full-time employed by somebody else and be a Council person.  I may be self-employed and be a Council person.  I may be retired or otherwise not employed and be a Council person.  But I had insurance somewhere else before I became a Council person. Now I am a Council person and I am going to use a device within the structure of government rules to let Council, I myself, read in private, read this thing, three times and cause it to become a part of the Charter.

Council President Saponaro stated, it wouldn’t be in private.

Mr. Alberry asked, this Charter amendment that you are talking about?

Council President Saponaro stated, no.  The charter amendment is not read for council.  It goes to the vote of the people.  There’s a Charter amendment. Any Charter amendment goes to the people for the vote.  What you are talking about was you are talking about any ordinance.  Any ordinance does go through Council.  It goes through the process and has to be read, not in private. It’s read to the public.

Mr. Alberry stated, there’s a mechanism being used to permit Council to vote on this and cause it to become a rule.

Council President Saponaro replied, all it ever was was a discussion on it generally. No one was committing that this was the right or wrong way.  That’s why we wanted to go through the vetting process.

Mr. Alberry asked, okay, you haven’t done that yet?

Council President Saponaro replied, no.  January 9th, all we did was we had the first discussion on it.  There was nothing more that was done on it.

Mr. Alberry stated, at the March meeting you come back?

Council President Saponaro stated, whoever put that out there was saying the March meeting.  Basically, if we decide, when you are done we have to go to two other things and then we are going to put this out there.  If Council decides we are going to kill this, because that is what we are hearing everyone say we should do, there’s no other time to come back. It’s dead.  It’s done then.  The only time that it would ever be on the agenda is if it was going to be approved. You will see other things that are ordinances that have gone through the process, committees, and they want to be approved.

Mr. Alberry stated, okay, because I did not completely understand that, let me continue to make the point I am making.  As suggested, Council would become a full-time employee and they would have some healthcare taken care of and some amount of money whatever that turned out to be, so now, I as a Council person have a health event and it has to be paid for by insurance and I have two because I have my self-employment or my employers and then I have one from the Village.  So, one of them has to be primary.  If I was a Councilperson and wanted to take care of myself, I would dump the insurance that I am buying and let the taxpayers pay for my insurance because you can only file one of those, so I am going to file the free one.

CONSIDERATION OF MINUTES:

Regular Council Meeting: December, 19th 2016

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

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Minutes of December 19, 2016 Approved as Written

Organizational Council Meeting: January 9th, 2017

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

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Organizational Meeting Minutes of january 9th, 2017 Approved as Written.

Special Council Meeting: January 9th, 2017

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

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Special Meeting Minutes of January 9th, 2017 Approved as Written.

  • Motion to amend the agenda

Mr. Jerome, seconded by Mr. Marrie, made a motion to amend the agenda.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Agenda Amended.

  • First Reading of Ordinance No. 2017-01, entitled, “An Ordinance Amending Section 153.12 (B) and (C) providing for health insurance for Council members.”  Introduced by Council as a Whole.

Council President Saponaro stated, we either make a motion and it sits, we make a motion, we suspend it and then we vote on it and people can vote yes or no to it at this point.

Mr. Guidetti replied, you can make a motion to permanently table it.  It’s Council’s pleasure.  If you actually want to vote it down, you can certainly vote to suspend the rules and then have a straight up vote on it.

Council President Saponaro stated, we want to get it done permanently.  We have tabled it.  I want it done where it’s permanent.

Mr. Guidetti replied, once you make a motion to suspend and that is voted on, if the rules are suspended, which the rules are a waiver of the pre-reading rule because all legislation has to be read on three separate days, three separate Council meetings unless that’s waived.  If that is done tonight, then there’s a motion to pass.  If that’s not seconded, it fails.  If the motion to pass is seconded and there is a vote, then it either passes or fails on the vote.

Council President Saponaro asked, so if it doesn’t get seconded, it’s permanently done?  That’s what we want to do.  The last time when this was not brought up, it’s was tabled.  I want it voted on.

Mr. Guidetti stated, you need a motion to suspend.

Dr. Parker, seconded by Mr. Jerome, 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. Marquardt, made a motion to enact Ordinance No. 2017-01.

ROLL CALL:

AYES: None
NAYS: All

Motion Carried. Ordinance Failed.

COMMENTS FROM MAYOR BODNAR

Mayor Bodnar stated, tonight we are appointing and re-appointing members to Planning and Zoning, to the Board of Appeals, to the Citizen’s Advisory Committee and to the Activities Committee.

  • Motion to approve the Committee selection for 2017

Dr. Parker, seconded by Mr. Marrie, moved to approve the Committee selections for 2017.

ROLL CALL:

AYES: None
NAYS: All

Motion Carried. Committee selections for 2017 Approved.

Administration of Oaths of Office for 2017 Committee Members

Mayor Bodnar administered oaths of office to the following Committee members present:

ACTIVITIES COMMITTEE

  • Mary Singer
  • Chris Barni
  • Terrie Haycox
  • Patti Fioritto
  • Jean Britton
  • Debbie Thomas
  • Dona Kless

CITIZEN’S ADVISORY

  • Paula Lear
  • Merv Singer
  • Mary Singer
  • Loretta Williams
  • Bob Haycox
  • Lorry Nadeau
  • Steve Schutt
  • Joanna McNally
  • Sara Calo
  • Rosemarie Fabrizio
  • Allen Meyers

Council President Saponaro stated, before we take a short break, there is going to be refreshments up in the area closest to Reserve Hall. There’s coffee and cookies.  But I do want to welcome Riley Casey, resident Matt McKenzie and Patrick Mann who are juniors at St. Ignatius and they are here from their government class.  Welcome.

Council took a break at 9:15 p.m.

Council reconvened at 9:25 p.m.

COMMENTS FROM COUNCIL PRESIDENT JOSEPH SAPONARO

  • First Reading of Ordinance No. 2017-02, entitled, “An Emergency Ordinance confirming the appointment of Shane McAvinew as the Director of Parks and Recreation for Mayfield Village, Ohio.”  Introduced by Mayor Bodnar and Council as a Whole.

Mrs. Mills, 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 Dr. Parker, made a motion to enact Ordinance No. 2017-02.

Council President Saponaro asked, discussion?

Mr. McAvinew thanked everyone from the interview committee.  When I came up here, I felt like I just had a conversation with people I have known for years and years and years.  It was one of the easiest interviews I have ever had.  It seems perfectly a match to me, what my skills was, the conversations we had, I felt right at home.  I thank all four of them.  When I left here, I called my wife and was very excited.  My whole life I have been involved in recreation and I have loved recreation.  I was a lifeguard at 15 years old. I worked my way up as a lifeguard at a recreation center back in 1994 all the way up to the director of the department in 2009.  I have worked a lot in recreation. I have enjoyed it.  I appreciate the opportunity. I have gigantic feet to fill. I know that.  Everybody I called to talk to after my interview has said nothing but great things about what a wonderful Recreation Director Bill is and what a wonderful person he is.  I look forward to working with each and every one of you.  My office, my cellphone, my e-mail is always open for discussion, for improvement, for critique.  I am okay with that.  We can discuss things and make improvements and move in a positive direction.  I look forward to it.  Thank you everyone.

Council President Saponaro thanked Mr. McAvinew.  Can you introduce your wife?

Mr. McAvinew introduced his wonderful wife Christine McAvinew.  We have 2 lovely boys, one 17 and one 13.  They are my life.

Council President Saponaro stated, welcome.  And welcome to you and your family as well.

ROLL CALL:

AYES:  All
NAYS: None

Motion Carried. Ordinance Enacted.

Mayor Bodnar administered the oath of office to Shane McAvinew as Director of Parks and Recreation.

Mayor Bodnar stated, it is my great pleasure to welcome you.   Welcome to the Mayfield Village family.

  • Resolution No. 2017-01, entitled, “An Emergency Resolution providing for the employment of an Engineer for Mayfield, Village, Ohio.”  Introduced by Mayor Bodnar and Council as a Whole.

Mrs. Mills, seconded by Dr. Parker, made a motion to adopt Resolution No. 2017-01.

ROLL CALL:

AYES:  All
NAYS: None

Motion Carried. Resolution Adopted.

Council President Saponaro stated Mr. Cappello will be sworn in the next time he is in attendance.  He is recovering from a serious car accident. He is doing better.  We will take care of it at that point.

  • Resolution No. 2017-02, entitled, “An Emergency Resolution re-establishing terms, conditions and compensation for the services of the Prosecutor for Mayfield Village, Ohio.”  Introduced by Mayor Bodnar and Council as a Whole.

Dr. Parker, seconded by Mr. Jerome, made a motion suspend the Rules of Council.

ROLL CALL:

AYES:  All
NAYS: None

Motion Carried. Rules Suspended.

Dr. Parker, seconded by Mr. Marrie, made a motion to adopt Resolution No. 2017-02.

ROLL CALL:

AYES:  All
NAYS: None

Motion Carried. Resolution Adopted.

Mayor Bodnar administered the oath of office to Michael E. Cicero, as Prosecutor for the Village of Mayfield.

DEPARTMENT HEAD REPORTS:

John Marrelli (Building)

Board of Appeals –  The Board of Appeals met last week.  We had one applicant with two issues. One issue passed and one was a 2-1 vote.  We only had 3 members.  After a review, we found that what we thought passed did not pass.  2-1 does not make it pass.  We have to reconsider that one.

Council President Saponaro asked, the second one, not both of them?

Mr. Marrelli replied, the second one, right.

Mr. Jerome asked, if we have an issue with only three people being there, why do we even hold the meeting?

Mr. Marrelli replied, three people is a quorum.  The issue cannot pass unless all three are affirmative.

Planning and Zoning – The Commission renewed all of our Conditional Use Permits, made a few changes and we had a preliminary review of a request for a conditional use permit for a long-standing landscaping business on SOM Center Road.

Tom Cappello (Engineer) – On Mr. Cappello’s behalf, Mr. Metzung reported that Tommy continues working on the sewer project for Thornapple and Robley and on the water line at Joyce and Worton Park.

William Thomas (Parks and Recreation) –  Even with the warmer weather this past week, we are still 4 months away from opening up Parkview Pool.  The heater building is going very well.  The contractor is hoping to have it done by the end of March.  We will have to wait and see.  The Spring/Summer Parks and Recreation brochure is with our layout artist now.  I just wanted to mention that Marnie has been our layout artist for the last 18 years. She has done a wonderful job of laying out all of our Parks and Recreation brochures.

Commission on Aging – The Commission on Aging had a meeting on January 12th.  We discussed the Holiday Party, classes, activities, 2017 trips and the Anniversary Party.  There will be a Senior picnic on July 26th.  Our next meeting will be Thursday May 18th at 11:00 a.m.

Parks and Recreation Board – The Board will be meeting Wednesday, January 18th at 7:00 here in this room.  We will be introducing Shane and discussing looking at moving the Debbie Hudacko date to try to coincide with a major event at The Grove to try to generate more runners.

Senior Services – For the 2016/17 season, there are 135 applicants who opted out of the snow removal.  There are 224 total applicants who opted in to snow removal (200 single, 24 circular drives). Volunteers from AARP will offer income tax assistance to Volunteers to residents on Mondays February 20, March 13, and April 3 at noon, 1:00, 2:00, or 3:00 p.m. Residents should call the Senior Services Office to make an appointment.  The next Community Partnership on Aging Lunch n’ Movie will be Wednesday, February 8. The cost is $5 and reservations must be made by the week before by calling CPA.  The February foot clinics will be on the 3rd and 24th at the Civic Center. The cost is $20.  The February Lunch & Movie at Governor’s Village is on Wednesday, February 15. The movie is “Keeping the Faith.” The cost is $5 and reservations must be made by the week before by calling Senior Services.  There will be a Lunch n’ Learn on February 1st. The topic is “Keeping Your Brain Healthy” and it is being sponsored by Aria at Gates Mills Assisted Living.  One-Stroke Painting classes began in January as did new sessions of cooking/baking classes, watercolor, Spanish lessons, knitting/crocheting, and Bereavement.

Chief Edelman (Police):    With regards to 911 Cellular, recently Diane Wolgamuth and I met with Chad Saloshaur, the owner of the company and we are planning for an April 1st kick-off date to go on-line with the product.  We will have an informational letter in the upcoming VOV and are planning on a mailer to go out to the residents with some information on how to go about downloading the software on their smart phones and in general how the system works.  We are planning on educational bombardments to everybody in town to explain how it works and everything about the system and hopefully we will be getting it going between now and April 1st.

Committee Reports:

Citizen’s Advisory Committee – Mrs. Mills – The Commission is meeting on Monday, January 30th at 7:00 p.m. at the Civic Center.

Finance Committee - Mr. Saponaro – The Committee met this evening.  There were 22 items recommended for approval, two Ordinances and one Resolution where no action was taken at this point.

Safety and Service – Mr. Marrie – The Committee met on December 5th and discussed and approved multiple items and passed them on to Finance for approval.  All of them are on this evening’s agenda for final approval and vote.

While I have the floor, I would just like to publicly thank Bill Thomas for all he has done for Mayfield Village and the residents of the Village.  Thank you Bill.  Good luck.

Ad Hoc Committees:

In Committee Status Reports

Historical Society – Mrs. Mills reported the Mayfield Township Historical Society will start their Our Town tours this Wednesday.  They will run until May until all of the 3rd grade classes have come in to tour the House.

OLD BUSINESS:

  • Second Reading of Ordinance No. 2016-35, entitled, “An Emergency Ordinance authorizing an Independent Contractor Agreement with Garry Regan for consulting on programming and activities at The Grove, The Gazebo, and Reserve Hall.”  Introduced by Mayor Bodnar and Council as a Whole.  (First Reading – 12/19/16)  (Administration)

Ordinance No. 2016-35 was moved to Third Reading.

NEW BUSINESS:

  • Motion to authorize expenditure in an amount not to exceed $12,000 to All Covered for backup/disaster recovery and miscellaneous support for the server. (Administration)

Dr. Parker, seconded by Mrs. Mills, made a motion to authorize expenditure in an amount not to exceed $12,000 to All Covered for backup/disaster recovery and miscellaneous support for the server. (Administration)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $6,916 to Creative Microsystems, Inc. for 2017 support for Finance and Payroll Systems. (Finance Department)

Mrs. Mills, seconded by Mr. Marrie, made a motion to authorize expenditure in the amount of $6,916 to Creative Microsystems, Inc. for 2017 support for Finance and Payroll Systems. (Finance Department)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to acknowledge receipt of financial reports for December 2016 and to approve of same as submitted. (Finance Department)

Mrs. Mills, seconded by Mr. Jerome, made a motion to acknowledge receipt of financial reports for December 2016 and to approve of same as submitted. (Finance Department)

Council President Saponaro asked, discussion?

Mr. Wynne stated, I would like to just highlight a few things on my report.  We closed out the year.  The total sum of all of our Fund balances net of purchase commitments that we have made that is still open at the end of the year is $22,529,000.  Our General Fund or our rainy day fund net of commitments is $13,883,000.  We had $3.3 million put aside for the final sanitary sewer conversion project that we are going to be tackling hopefully this year.  We have $2.2 million put aside for the stormwater management project that we are going to be doing on Beta Drive.  We are also starting to put money away so we can call our bonds but not until 2022.  We will need $1.7 million at that time to call those and pay them off early so we are starting to put money aside for that.  We have $978,000 put aside for that already.  We have $9.5 million in investments which has generated about $88,000 in interest income during the year.  Finally, our outstanding debt at the end of the year was $5,649,000.

Council President Saponaro asked, any discussion?  That’s phenomenal again.  Ron you have done an amazing job.  The work of the Administration, Council and everyone together has proven very well in terms of what is going on with the finances for the Village.  Kudos to you and your department.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Receipt of December 2016 Financial Acknowledged and Approved.

  • Motion to fund the Medical Expense Reimbursement Plan at the level of $1,000 single/$2,000 family and the Health Reimbursement Arrangement at the level of $2,000 single/$4,000 family for 2017. (Finance Department)

Mrs. Mills, seconded by Mr. Marquardt, made a motion to fund the Medical Expense Reimbursement Plan at the level of $1,000 single/$2,000 family and the Health Reimbursement Arrangement at the level of $2,000 single/$4,000 family for 2017. (Finance Department)

Council President Saponaro asked, discussion?

Mr. Wynne stated, this funding based upon current enrollment in the health plan - $30,000 for the MERP Plan and $166,000 for the HRA.  That is fully funding the HRA.  The hope is that we will only spend 60-70% of that $166,000.  We won’t know that until we know how the claims experience shakes out throughout the year.

Council President Saponaro asked, does everyone understand what this is fully?  Can we go into a better discussion on the MERP?   Tell us for the record how this works.

Mr. Wynne explained, our medical plan has a deductible of $2,000 for an individual and $4,000 for a family.  For the employees who selected the MERP option, the Village will put half the amount of that deductible into a debit card for them. A single person would get $1,000.  Anybody with more than one, like employee plus spouse or employee plus child or family would get $2,000 on a debit card that can be used towards the cost of their deductible as they incur it during the year.  It can also be used during the year if they so choose for other things like dental and optical expenses.  That money stays with them.  At the end of the year if they have not used it, it carries over into the following year.

The Health Reimbursement Arrangement is something new that we put in place this year.  It operates the same way except the employees are covered for the full $2,000/4,000 if needed.

Council President Saponaro stated, these are two different options of plans.  They pick the Medical Expense Reimbursement Plan or MERP or they can pick the Health Reimbursement Arrangement.

Mr. Wynne continued, the Health Reimbursement Arrangement will cover the full deductible of $2,000 or $4,000 if the employee needs it.  If they don’t need it, the money not used comes back to the Village at the end of the year. It is anticipated that that amount will be about 40% of that $166,000 number based upon what past experience shows us in the Plan.  The goal is that at the end of this year, this will be the last year for the MERP and we will be fully on the HRA which will result in savings for the Village going forward.

Mr. Jerome asked, what has the MERP generally cost us each year on average?

Mr. Wynne replied, about $210,000.

Mr. Jerome asked, even if the HRA paid everything, $160,000 would be the top we would pay.

Council President Saponaro stated, $166,000.

Mr. Wynne replied, correct.  If we did all MERP this year the way we have done in the past, you can take the $30,000 and double it because we are only covering 50% of the deductible with the MERP so it would be $166,000 plus the $60,000, so the MERP would have been $226,000 so we have already saved $30,000 the way we are offering it and hope to save an additional amount on the HRA as the experience shows throughout the year.

Council President Saponaro asked, does that make sense to everybody?  The high end of the HRA is the $166,000 but that does not mean that is what is going to be utilized.  Generally in the past it has been 60-70%.

Mr. Wynne replied, yes.  $166,000 is worse case.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $9,020.98 to Cleveland Water Department for Annual Hydrant Fee for 2017. (Fire Department)

Mrs. Mills, seconded by Mr. Marrie, made a motion to authorize expenditure in an amount not to exceed $7,600 to Ohio Fire Chiefs Association for Fire Lieutenant Promotional Examination and Assessment. (Fire Department)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize an expenditure in the amount not to exceed $13,000 to Progressive Fitness Center for 2017 memberships for residents (pass-through). (Parks and Recreation)

Mrs. Mills, seconded by Mr. Marrie, made a motion to authorize an expenditure in the amount not to exceed $13,000 to Progressive Fitness Center for 2017 memberships for residents (pass-through). (Parks and Recreation)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $12,000 to Anchor Industries for funbrellas for Parkview Pool. (Parks and Recreation)

Mrs. Mills, seconded by Mr. Jerome, made a motion to authorize expenditure in the amount of $12,000 to Anchor Industries for funbrellas for Parkview Pool. (Parks and Recreation)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $9,460 to Ohio Geese Control for geese control at soccer fields and Grove for 2017. (Parks and Recreation)

Mrs. Mills, seconded by Mr. Jerome, made a motion to authorize expenditure in the amount of $9,460 to Ohio Geese Control for geese control at soccer fields and Grove for 2017. (Parks and Recreation)

Council President Saponaro asked, discussion?  I asked the question why we don’t have anything in the contract for July.  It is because they are molting. The dogs would be eating the geese.  That’s why it does not cover the month of July.  Anything else?

There was no further comments.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $10,250 to American Fireworks for 2017 Fireworks.  (Parks and Recreation)

Mrs. Mills, seconded by Mr. Marrie, made a motion to authorize expenditure in the amount of $10,250 to American Fireworks for 2017 Fireworks.  (Parks and Recreation)

Council President Saponaro asked, discussion?  This is the second year of a three year contract.  Bill has been very happy with them. Shane has used them in Barberton.  Anything else?

There was no further comment.

  • Motion to authorize expenditure in the amount of $280 to Greve Chrysler Jeep Dodge representing change order to original invoice in the amount of $45,276 approved by Council on 11/21/16. (Police Department)

Mrs. Mills, seconded by Mr. Jerome, made a motion to authorize expenditure in the amount of $280 to Greve Chrysler Jeep Dodge representing change order to original invoice in the amount of $45,276 approved by Council on 11/21/16. (Police Department)

Council President Saponaro asked, discussion?

Dr. Parker stated, just to note, this is for 2, correct?

Chief Edelman replied, correct.

Council President Saponaro added, this is for 2 cars. The other thing to note is that because there was a math error with the original order, we cannot approve this by All in Favor.  This has to be a Roll Call because it changes the original $45,000 figure.  Any other discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $7,010 to ECN Intermediate Holding Co. for CodeRed extension for 1/13/17-1/12/18 ($4,510) and CodeRed Weather Warning extension for 1/13/17-1/12/18 ($2,500). (Police Department)

Mrs. Mills, seconded by Mr. Marrie, made a motion to authorize expenditure in the amount of $7,010 to ECN Intermediate Holding Co. for CodeRed extension for 1/13/17-1/12/18 ($4,510) and CodeRed Weather Warning extension for 1/13/17-1/12/18 ($2,500). (Police Department)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $7,884 to Camco Cleaning Co. for cleaning of police station – 2017. (Police Department)

Mrs. Mills, seconded by Mr. Jerome, made a motion to authorize expenditure in the amount of $7,884 to Camco Cleaning Co. for cleaning of police station – 2017. (Police Department)

Council President Saponaro asked, discussion?  This is the annual cleaning that we would pay for this company.  They have been with us for a number of years now.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $7,200 to Treasurer, State of Ohio for LEADS Access Fee with a DMVPN (Dynamic Multipoint Virtual Private Network) connection. (Police Department)

Mrs. Mills, seconded by Mr. Jerome, made a motion to authorize expenditure in the amount of $7,200 to Treasurer, State of Ohio for LEADS Access Fee with a DMVPN (Dynamic Multipoint Virtual Private Network) connection. (Police Department)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $12,020.04 to TAC Management Co. for CAD System Maintenance in 2017. (Police Department)

Mrs. Mills, seconded by Mr. Marrie, made a motion to authorize expenditure in the amount of $12,020.04 to TAC Management Co. for CAD System Maintenance in 2017. (Police Department)

Council President Saponaro asked, discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $14,880 to Agile Network Builders, LLC for connectivity in the new dispatch center for 2017. (Police Department)

Mrs. Mills, seconded by Mr. Marquardt, made a motion to authorize expenditure in the amount of $14,880 to Agile Network Builders, LLC for connectivity in the new dispatch center for 2017. (Police Department)

Council President Saponaro asked, discussion?  This is for the main and back-up connectivity?

Chief Edelman replied, right.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $122,746.68 to Kimble Recycling & Disposal for rubbish and recycling from January-June, 2017. (Service Department)

Mrs. Mills, seconded by Mr. Jerome, made a motion to authorize expenditure in the amount of $122,746.68 to Kimble Recycling & Disposal for rubbish and recycling from January-June, 2017. (Service Department)

Council President Saponaro asked, discussion?

Dr. Parker asked, Doug, how does that break out per household?

Mr. Metzung replied, I don’t have that number off the top of my head but there is a number for rubbish and there is a number for recycling.  We do it per home.

Council President Saponaro stated, and this is for the last half of the contract and then in the meantime, Doug will be reporting on bids.  He is open to any suggestions, thoughts or comments.

Mr. Wynne stated, every month we pay about $16,500.  About $12,500 is rubbish and $4,000 is for recycling.

Mr. Metzung asked, do you happen to remember the break out per home?

Mr. Wynne replied, no.

Council President Saponaro asked Mr. Metzung to get that information and provide it to Council.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize expenditure in the amount of $39,419.40 to Camco Cleaning for janitorial services at the Civic Center and Community Room for 2017. (Service Department)

Mrs. Mills, seconded by Mr. Jerome, made a motion to authorize expenditure in the amount of $39,419.40 to Camco Cleaning for janitorial services at the Civic Center and Community Room for 2017. (Service Department)

Council President Saponaro asked, discussion?  This is annual.  This is for both the buildings for the entire year.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried. Expenditure Approved.

  • Motion to authorize entering into a Memorandum of Understanding with the Cuyahoga County Board of Health for authority and consent to provide Phase II Stormwater Services in 2017-2018. (Service Department)

Mr. Jerome, seconded by Mr. Marrie, made a motion to authorize entering into a Memorandum of Understanding with the Cuyahoga County Board of Health for authority and consent to provide Phase II Stormwater Services in 2017-2018. (Service Department)

Council President Saponaro asked, discussion?  This has been in conjunction with another Ordinance but this is monies that we were spending, $5,000, in the past, which is now going to be refunded or it is already paid through the Northeast Ohio Regional Sewer District so we are saving money.  Any other discussion?

There was none.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried.Memo of Understanding Approved.

  • First Reading of Ordinance No. 2017-03, entitled, “An Emergency Ordinance appropriating funds for current expenses and expenditures for Mayfield Village, Ohio for the period from January 1, 2017 and ending December 31, 2017 and declaring an emergency.” Introduced by Mayor Bodnar and Council as a Whole.  (Finance Department)

Ordinance No. 2017-03 was moved to Second Read.

  • First Reading of Ordinance No. 2017-04, entitled, “An Emergency Ordinance creating Chapter 1505 of the Codified Ordinances mandating automated external defibrillators in certain institutional facilities and amending the title of part fifteen of the codified Ordinances to be known as the “Fire Prevention and Life Safety Code.” Introduced by Mayor Bodnar and Council as a Whole.  (Fire Department)

Ordinance No. 2017-04 was referred to Ordinance Review Committee for comment and discussion.

  • Resolution No. 2017-03, entitled, “A resolution requesting the Cuyahoga County Fiscal Officer to adjust the amended official certificate of estimated resources for 2017.”  Introduced by Mayor Bodnar and Council as a Whole. (Finance Department).

Resolution No. 2017-03 remained with Ordinance No. 2017-03.

  • Executive Session

Council President Saponaro stated, at this time, Council will be going in to Executive Session.  There is nothing that we will be discussing that we would be voting on when we come out of Executive Session.

  • Motion to enter into Executive Session for a personnel matter relating to collective bargaining and benefits.

Mrs. Mills, seconded by Mr. Marquardt, made a motion to enter into Executive Session for a personnel matter relating to collective bargaining and benefits.

ROLL CALL:

AYES: All
NAYS: None

Motion Carried.

Council went into Executive Session at 9:52 p.m.

Council returned from Executive Session at 10:35 p.m.

ANY OTHER MATTERS:

ADJOURNMENT

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

The meeting adjourned at 10:35 p.m.  The next Council meeting is scheduled for Monday, February 20, 2017 at 8:00 p.m.