Meeting Notes February 5, 2019
Willoughby City Council Meeting Summary Notes
February 5th, 2019
Tonight’s Council Meeting was preceded by a meeting of the Economic Development Committee. I will address that later. Legislation dealt with Osborne Park erosion concerns, as well as other major Storm-water management projects. It was a pleasure to participate in the swearing-in of two police officer promotions.
PRIOR TO THE REGULAR COUNCIL MEETING
SPECIAL MEETING/EXECUTIVE SESSION*
• None
ECONOMIC DEVELOPMENT COMMITTEE MEETING
The purpose of the Economic Development Meeting is to discuss economic development updates and incentives.
• This committee meeting was called to order by Chair Katie McNeill.
o Serving on the committee are council members, Chris Woodin and Ken Kary.
o The presentation to Council consisted of a synopsis of what economic development activity is taking place in the city.
o The Economic Development Director, Tom Thielman, shared “what is going on throughout the city.
There has been a good deal of concern with some of the empty storefronts downtown, but Director Thielman assured all that those vacancies happen for a variety of reasons and are a constant. He also pointed out that there are dozens of serious tenants talking, and taking action to fill those vacancies. These potential tenants consist of Food Service, Attorneys, Bakeries, Clothing, Artists, and Technology. For Mr. Thielman we are not is a position to be overly concerned that tenants are moving out. It may be the result of lack of business, health, competition, or more realistically a major rent hike. Council left this meeting with a better understanding of what is going on in the city on several fronts. It was a very informative meeting for Council.
LEGISLATIVE CAUCUS
• The general purpose of the Legislative Caucus meeting is to review and discuss the legislation on the Regular Council. More on the legislation covered later in this summary.
REGULAR COUNCIL MEETING FEBRUARY 5, 2019
• ROLL CALL
• PRAYER AND PLEDGE
• POLICE DEPARTMENT SWEARING-IN CEREMONY
Police Chief Beckwith had the pleasure of presiding over the ceremony of promoting two of Willoughby’s Police Officers
Officer Toby Davis an 18.5 yr. veteran promoted to Sergeant
Officer John Begovic a 25 yr. veteran promoted to Lieutenant
• ORGANIZATIONAL BUSINESS
Council voted to confirm the Mayor’s appointment of Greg Schmidt to the Civil Service Commission. Mr. Schmidt has served in this position for many many years.
• APPROVAL OF MINUTES - Regular Council Meeting of January 8, 2019
Approved
STANDARD AND REGULAR COMMITTEE REPORTS BY COUNCIL MEMBERS
• No Major Reports
CORRESPONDENCE
• No Correspondence
PUBLIC PORTION
• Council and the Administration were addressed by one resident this evening.
This resident shared on behalf of himself and his neighbors' concerns with the Ridgewood Green Development that is being heard by both the City of Mentor, and the City of Willoughby’s Planning Commissions. The completed project calls for a total of 119 lots, 112 in Mentor and seven in Willoughby. Phase 1 involves developing 56 lots. Their concerns are that they feel strongly that this development with a road traveling from SR 20 to Ridge Road will create a potentially hazardous area for traffic. They are advocating that the road “does not go through from Mentor Ave. to Ridge Road. Rather it stops in the Mentor portion and the Willoughby homes would exist on their own independent Cul de Sac. Currently, at this time the phase which involves Willoughby and seven homes has been approved by the Willoughby Planning Commission. Mentors portion is still tabled currently until their Planning Commission meets soon. Their concerns are with Safety Services and their access as well as a concern that if the project halts at the end of phase 1 there would be no connection to Ridge Road from Mentor Avenue. More on this development later.
UNFINISHED BUSINESS
• None
NEW BUSINESS
RESOLUTION NO. 2019-2
A resolution authorizing the City Engineer to prepare plans and specifications and to advertise for bids for the Osborne Park Erosion Repair Project.
That the City Engineer is hereby authorized to prepare plans and specifications and to advertise for bids for the Osborne Park Erosion Repair Project; such expenditure to be made from the Capital Fund. This “mandatory” repair to the shoreline is critical and must be done before the city enters into any long term plan for the Lakefront at Osborne. This initial repair will involve the installation of “armour stone” to stop the erosion. For the record, the use of this product will enable its use a second time when the long-range plan is put into effect. The expected cost of this project looks to be around $450,000. This project is critical to the preservation of the Osborne Lakefront.
RESOLUTION NO. 2019-3
A resolution authorizing the City Engineer to prepare plans and specifications and to advertise for bids for the Ward Creek Improvements Project.
That the City Engineer is hereby authorized to prepare plans and specifications and to advertise for bids for the Ward Creek Improvements Project; such expenditure to be made from the Storm Water Capital Fund.
The Ward Creek project cost is estimated to be $317,400 with $40,000 coming from the City of Mentor. The project includes a new culvert under North Bay Colony Drive along with downstream channel improvements and abandonment of the North Bay Colony retention basin adjacent to the creek.
RESOLUTION NO. 2019-4
A resolution authorizing the City Engineer to prepare plans and specifications and to advertise for bids for the Storm Outfall Repair Project.
That the City Engineer is hereby authorized to prepare plans and specifications and to advertise for bids for the Storm Outfall Repair Project; such expenditure to be made from the Storm Water Capital Fund.
The Storm Outfall Repair project cost is estimated to be $465,600 with $200,000 coming from OPWC ($150,000 grant and $50,000 0% interest loan). The project includes outfall repairs/work in several locations on Karen Isle, Carriage Lane, Ericson Lane, and Topps Industrial Pkwy.
RESOLUTION NO. 2019-5
A resolution authorizing the Mayor to enter into an agreement to accept a NOPEC 2019 Energized Community Grant in the amount of $89,270.
That the Mayor is hereby authorized to enter into an Agreement to accept a NOPEC 2019 Energized Community Grant in the amount of $89,270.
That the Mayor is further authorized to execute any and all additional documents
and forms necessary to properly secure and implement the NOPEC Grant.
Established by NOPEC Inc. and NextEra Energy, the primary goal of providing funds is to help communities implement energy savings or energy infrastructure measures.
Grants can be used for government facilities, residents, or businesses.
Here are examples of projects that can be funded with your community's NEC Grant dollars:
• LED signs
• Traffic signal upgrades
• Insulation
• Energy-efficient windows
• Solar-powered LED stop signs
• Energy-efficient air conditioner
• Electrical upgrades
• Generators
• LED lighting upgrades
• With the first year of funding, we were able to upgrade the HVAC units at the Service Garage and Traffic Garage as well as improve the air conditioning units for the IT room at City Hall. The can lighting at the police station was changed over to LED and new poles were installed at the police station parking lot and LED fixtures were put in place. In addition, Traffic control updates were purchased for use throughout Downtown and on Vine Street.
• The one project we did not complete due to time constraints was the upgrade of the electric supply and placement of LED lighting at Ball Diamond # 2 at Todd Field. The money left from last year was put in escrow and this will be the first project for this year and will be completed before the opening of the season. The escrowed amount totals 26,685.00.
• While the projects for this year have not been finalized we have begun researching many energy saving projects that we believe will be eligible for funding under the grant guidelines.
• NOTE:
o The acceptance of the grant has nothing to do with the Block the Knock Program that is described below that was on the agenda. This Block the Knock Program was brought forward by resident requests and inquiries from Council Members earlier this year.
ORDINANCE NO 2019-6
An ordinance amending Chapter 745 of the Codified Ordinances of the City of Willoughby, Ohio titled, "Solicitors and Canvassers".
WHEREAS, Chapter 745 of the Codified Ordinances of the City of Willoughby, Ohio provides for the regulation of solicitors and canvassers; and
WHEREAS, Section 745.02 allows for the resident prohibition of canvassing or soliciting by notice; and
WHEREAS, the Council of the City of Willoughby wishes to expand the resident prohibition by notice to include a “Do No Knock Registry”; and
WHEREAS, it is, therefore, necessary to amend Chapter 745 of the Codified Ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WILLOUGHBY, THE COUNTY OF LAKE, AND THE STATE OF OHIO:
SECTION 1. That Chapter 745 of the Codified Ordinances of the City of Willoughby, Ohio, titled, “Solicitors and Canvassers” is hereby amended; specifically, to establish Section 745.07, titled, “Do Not Knock Registry"; to read and provide as follows:
745.07 DO NOT KNOCK REGISTRY.
Notwithstanding any other provision of this Chapter, it shall be unlawful for any solicitor or canvasser to enter any premise and knock at the door or ring the doorbell of any residence, house, apartment or other dwellings in the City that appears on the "Do Not Knock Registry" or upon which there is posted at the entrance a notice which reads "No Solicitors", a "Do Not Knock" sticker or words of similar import, which clearly prohibit solicitors or canvassers on the premises, unless such solicitor or canvasser has previously been invited upon the premises by the owner, lessee or an adult occupant thereof.
(a) If requested by the City, and for as long as the Northeast Ohio Public Energy Council (“NOPEC”) shall agree to do so, NOPEC shall establish and maintain for the City a “Do Not Knock Registry” (“Registry”) and is authorized to contact individuals on the Registry to distribute “Do No Knock” stickers to them at no cost to the City or the individuals, and contact individuals to update the list each year.
(b) The decision of whether to place a residence, house, apartment or other dwellings on the "Do Not Knock Registry" shall be solely that of the lawful possessor and occupant thereof.
(c) Any person in lawful possession and occupancy of any residence, house, apartment or other dwellings in the City may request NOPEC to place and maintain his or her residence, house, apartment or other dwelling on the “Do Not Knock Registry” by submitting a request on form(s) supplied by the City, or by submitting a request online at www.blocktheknock.com or at a Block the Knock community event, which shall contain the following information:
(1) The name and signature of the person(s) completing the form(s), unless the submission is done electronically;
(2) The complete address of the residence, house, apartment or other dwellings to be placed on the Do Not Knock Registry;
(3) A valid email address of the person(s) completing the forms(s);
(4) The date the form was completed;
(5) A statement that “No Solicitors or Canvassers” shall call at this address or words of similar import.
(6) Such other information that verifies the identity of the person(s) completing the forms(s) as a lawful possessor and occupant as may be required by the City.
(d) A residence, house, apartment or other dwellings, after being lawfully placed on the “Do Not Knock Registry", shall remain on said Registry until the earliest of any of the following:
(1) The City or NOPEC receives notice of removal pursuant to subsection (e) hereof; or
(2) The City or NOPEC receives formal notice that the person who submitted the form pursuant to subsection (c) hereof is not or is no longer a lawful possessor and occupant of the premises.
(e) Any person in lawful possession and occupancy of any residence, house, apartment or other dwellings may request the City or NOPEC to remove his or her residence, house, apartment or other dwelling from the "Do Not Knock Registry" by submitting a “Notice of Removal” form(s) supplied by the Director of Public Safety, or by submitting a request online to www.blocktheknock.com which shall contain the following information:
(1) The name and signature of the person(s) completing the form;
(2) The complete address of the residence, house, apartment or other dwellings to be removed from the Registry;
(3) The date the form was completed;
(4) A statement that the residence, house, apartment or other dwelling be removed from the “Do Not Knock Registry”; and
(5) Such other information that verifies the identity of the person(s) requesting removal from the Registry as may be required by the City.
A copy of the “Do Not Knock Registry” shall be made available for public inspection at all times during normal business hours at the office of the Director of Public Safety of the City and shall be given to every solicitor or canvasser that is required to obtain a permit from the City or is required to register with the City pursuant to this Chapter.
(g) The decision whether to place a residence, house, apartment or other dwellings on the solicitors and canvassers “Do Not Knock Registry” shall be solely that of the lawful possessor and occupant thereof and no official, employee or other agent of the City shall interfere with that decision.
(h) NOPEC will send a notice to each registered address on the Registry, in the form of a sticker, that the occupant must display on or near the main entrance door or window so that it is conspicuously visible to those approaching the premises.
(i) By enacting this Section, solicitors and canvassers are on notice that a solicitor and canvasser “Do Not Knock Registry” exists. Each is responsible for obtaining a copy of the Registry from the City prior to soliciting or canvassing in the City, which Registry shall also be made available on the City’s website.
Canvassers and solicitors are prohibited from knocking on the door of any residence, house, apartment or other dwellings that is listed on the Registry r upon which a Do Not Knock sticker is conspicuously displayed on the premises pursuant to Section 745.07 (h) above.
(j) Provisions of the “Do Not Knock Registry” do not apply to persons invited onto the property by the occupant of the premises for the purposes of soliciting or canvassing.
This ordinance was addressed with a good deal of discussion during the Legislative Caucus. Concerns centered around
• Data Safety (if residents do sign up)
• The need for a “third party” to do what the city already does for its residents.
Councilman Tomaselli who has a strong background in Technology assured all that the data that NOPEC would acquire when residents register for this service was not an issue.
What was a concern was:
The city already has an ordinance that deals with canvassers and solicitors
The city also already has window stickers that residents can acquire (at city hall) to display in their windows to deter solicitors.
The city sticker acts “exactly” as the “block the knock” sticker works
If there is a violator the solicitor is considered “trespassing” and can be cited for a misdemeanor.
If a resident is harassed by a solicitor they may call the police to report the incident.
After the discussion during the Legislative Caucus, during the Council Meeting under new business, a motion was made and seconded to adopt this Ordinance.
The Ordinance lost by a 2 For and 5 Against Vote.
The cities Ordinance on canvassers and solicitors will remain as is.
NOPEC “Block the Knock” program will not be used in Willoughby at this time.
REPORTS FROM THE DIRECTORS, MAYOR, AND COUNCIL MEMBERS
There were no significant reports presented by the Mayor, Directors or Council Members.
Some comments did focus on the Council and Administration preparing for the task of “tackling” the Budget which will start in March 2019.
COMMENTS BY COUNCILMAN KARY
These comments may or may not be related to what took place at the Council Meeting
Regarding ORDINANCE NO 2019-6
An ordinance amending Chapter 745 of the Codified Ordinances of the City of Willoughby, Ohio titled, "Solicitors and Canvassers". I posed several comments and questions:
• First and foremost we “already” have an Ordinance dealing with solicitors and canvassers.
Chapter 745 of the Codified Ordinances of the City of Willoughby, Ohio titled, "Solicitors and Canvassers".
• We also have stickers provided by the city to place in your window to warn solicitors to not knock.
• Why do we need to involve a “third party” to help us monitor a program that is already active and functioning?
• What does NOPEC get out of doing this for “nothing”
o I can see that they are able to get Willoughby residents to put a sign in their window that will stop solicitors from competing with them.
• What does Willoughby get from this program?
o I cannot see anything, since we already have the ordinance and provide stickers at no cost to our residents that want to participate.
My vote on this ordinance was a NO. We have a program that works exactly like the one that was presented by NOPEC. To expose our residents to a third party to do what is already possible now just did not seem logical.
Lost Nation Road Street Lighting Issues
I have spent a good deal of time over the past few weeks addressing Street Light issues for Lost Nation Road (especially near the Airport).
From my efforts, I have discovered that 3 street light poles are missing near the airport, and to date, they have never been replaced. Some taken out from accidents, some removed when construction took place. After a good deal of homework, it was discovered that the light poles were the property of the Airport. After a bit more work with the Service Department, it was discovered that the Airport has funds to replace these light poles when First Energy does the work.
Along with this, we have experienced several streetlights that are "burned out" and not replaced in a timely fashion. This too was a goal that I addressed.
For the record here is the copy from an email from Service Director (Lee Bock) to me regarding the topics.
First Energy has offered to perform the work and will bill the customer ( airport ) for the work. We informed the airport and we have put the two in touch with one another. The developer of Fairway Glens has been informed that he will need to replace the light that was removed for their entranceway. They have also been asked to coordinate their efforts with the airport and First Energy if possible to both expedite the repairs and replacements. The contact information has been given to both. The burned out streetlights have been turned into First Energy by our night shift crews and we will continue to monitor and update as weather allows. We will update the information as it becomes available to us.
With this new information shared it looks as if we will be getting a “bit more light” in an area of Lost Nation Road that has been darker than usual for quite some time. I will monitor the progress to assure the projects are completed.
NOTE
The views I express in these Council Meeting Summaries are my own and do not reflect any official view or position of the City of Willoughby. The “official” Council Minutes are posted on the City of Willoughby Website http://willoughbyohio.com/government/city-council/.