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New Orange councilman questions appointments
(by Sali McSherry - January 13, 2010)
New Orange councilman questions appointments
By SALI McSHERRY
As he did when he was a regular attendee of Orange Village Council meetings, newly elected Councilman Edward Bonk started his term last week by asking questions.
In this case, Mr. Bonk asked why the village did not "bench mark" pay rates for a prospective village engineer, law director and prosecutor.
After discussion, council unanimously approved hiring the long-time village engineer, Stephen Hovancsek and Associates, for the same hourly rates listed for specific services and percentages of cost on construction projects undertaken, Mayor Kathy U. Mulcahy said.
Council also approved hiring longtime village Law Director Stephen Byron and village Prosecutor Blair Melling. All council members, except Mr. Bonk, approved the contract for Mr. Byron's firm.
Mr. Bonk asked if Ms. Mulcahy had shopped around for engineers.
She said she has worked with members of the firm since the beginning of her tenure in 1996 and was impressed with the work they have done. She said their price is reasonable.
Council President Daniel Brown said it's about trust, quality of work and history, not price. An environmental consultant, Mr. Brown said employees of the Hovancsek firm understand the "nuances and issues" of Orange Village.
Councilman Mark Bram said it's the mayor's responsibility to check on pay rates for professional services rendered, because she makes the appointments and council is asked to approve them.
Mr. Brown said council members should not rely on one source. They have a responsibility to be diligent, do their research, if they have questions, and be prepared before a vote, he said. He said he did his own analysis and found the firm to be reasonably priced.
Councilman Mark Parks Jr. said he also did his own evaluation and that it's up to individual council members to be prepared.
Mr. Bonk asked why Orange's contract with the Schottenstein Zox & Dunn Co., the firm Mr. Byron works for, was a cost increase, when Chagrin Falls Village's contract with the firm didn't change from last year.
Ms. Mulcahy said Orange and Chagrin Falls are not comparable, because Chagrin Falls has a village administrator and Orange does not.
Mr. Bryon said the amount of time his firm has spent on issues in Orange is more than the time spent in Chagrin Falls. He was appointed law director for Chagrin Falls in 2006, and the monthly retainer is $5,500, with three regularly scheduled meetings per month. He is required to attend five monthly meetings in Orange, and last year the monthly retainer was $6,000. The most significant change is that the monthly retainer has increased to $6,600, he said.
Ms. Mulcahy said she relies on the law director for advice on a variety of issues. Mr. Byron's late father was appointed law director in Orange in 1987 and he started working with him in 1993. Mr. Byron served as prosecutor at that time and was appointed law director in 2000 although he started attending planning and zoning commission meetings in 1996 and council meetings in 1996-1997.
Mr. Bonk, who wanted further details about the law firm's time spent on Orange, said, without "bench marking," they were just throwing out a number.
Mr. Brown said a summary of hours the law director spent on Orange Village was available for Mr. Bonk's review. He said, in the nine years he has worked with him, Mr. Byron has done a "phenomenal" job.
Councilman Herbert Braverman, who has been on council for 24 years, said Mr. Bonk is a newcomer, and it's "somewhat presumptuous" for him to say, "I know how to analyze it, and you don't."
Mr. Bonk asked if the village conducted performance evaluations for the professionals the administration hires.
Ms. Mulcahy said they do not have formal written evaluations but do conduct informal reviews.
Mr. Braverman said, while numbers are important, one has to look at what the village is getting from the professionals it hires. It's about quality of service, and the firms and prosecutor have provided high-quality services, he said.
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