Meeting Notes September 15, 2020

Willoughby City Council Meeting Summary

• September 15, 2020 •

Ken Kary • Councilman Ward 2 

NOTE

These notes “are not” the official minutes for Willoughby City Council.

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

AGENDA

REGULAR COUNCIL MEETING

September 15, 2020

APPROVAL OF MINUTES- 

Regular Council Meeting of September 1, 2020

STANDING AND REGULAR COMMITTEE REPORTS

Planning Commission, Mr. Kary - Reported that last week the Planning Commission discussed two potential Marous Brothers projects. The first was for 166 apartments across from Andrews Osborne Academy which is the third phase of the project that included apartments in the first two phases. The second project is for 38 apartments on Second Street and Clark. Since the projects are pretty significant, Marous Brothers have agreed to attend public meeting(s) where they can share their plans and field questions from residents and businesses. The City would like to provide a voice to the residents and provide transparency. He asked for direction on the best way to hold these meetings.

CORRESPONDENCE 

Clerk Novak read a request from the Ohio Division of Liquor Control for a change in corporate stock ownership for Wild Goose Group, Inc., dba the Wild Goose, 4144 Erie Street, 1st Floor-Bsmt, Willoughby, Ohio 44094. There were no objections.

Clerk Novak read a request from the Ohio Division of Liquor Control for a change in corporate stock ownership for Erie Street Group, Inc., dba the Morehouse, 1st Floor and Bsmt and Patio, 4060 Erie Street, Willoughby, Ohio 44094. There were no objections

PUBLIC PORTION

Nobody spoke

UNFINISHED BUSINESS:

ORDINANCE NO. 2020-59 – SECOND READING

An ordinance declaring 100% of improvements to certain parcels of real property to be a public purpose, describing the public infrastructure improvements to be made to benefit those parcels, requiring the owners of the improvements thereon to make service payments in lieu of taxes, establishing a SOM Center I Municipal Public Improvement Tax Increment Equivalent Fund for the deposit of such service payments and related matters.

Mayor Fiala said information needed for the passage of this resolution was received today assuring Council it will move forward at the next meeting.

NEW BUSINESS:

RESOLUTION NO. 2020-84    Motion carried  7 to 0

A resolution accepting the amounts and rates as determined by the Budget Commission, authorizing the necessary tax levies, certifying same to the Lake County Auditor, and declaring an emergency.

Legislation #2020-84 is the annual step after passage of the tax budget in June and the County meeting in August to set the Property tax rates for the next year.
Since we had no levy renewals/changes, the rates for (2020 collection 2021) are the same as in this current year.

Finance Director Bosley said there isn't a levy on the ballot this year that would increase the rates; this is confirming the same rates as 2020.

RESOLUTION NO. 2020-85    Motion carried  7 to 0

A resolution amending the meeting schedule of the Council for the City of Willoughby, Ohio, for the month of November, 2020.

During the month of November, 2020, the meeting schedule of the Council for the City of Willoughby, Ohio, is hereby amended to eliminate the Regular Council Meeting set for Tuesday, November 3, 2020. Commencing with the Regular Council meeting of November 17, 2020, Council shall revert to the schedule of meetings permanently established by the Rules of Council.

Council President Carr said since no one had any issues with one meeting in November, the first meeting will be skipped which is Election Day.

RESOLUTION NO. 2020-86    Motion carried  7 to 0

A resolution amending Resolution No. 2020-29 to provide for current expenses and other expenditures of the City of Willoughby, Ohio, during the period ending December 31, 2020, and declaring an emergency.

Mr. Carr said this resolution covers CARES money the City anticipates on receiving. Ms. Bosley said the Ohio Municipal League (OML) put out a bulletin showing the City could receive $820,000 more if the remaining $650 million is passed out. 

ORDINANCE NO. 2020-87    Motion carried  7 to 0

An ordinance authorizing the Mayor to enter into an agreement with the Lake County Board of Commissioners to amend the parties’ original agreement of January 26, 1979.

The Mayor is hereby authorized to enter into a First Amendment to the January 26, 1979 Agreement between the City of Willoughby and Lake County amending the billing and collection of sanitary sewer rates or charges of rents, and service charges relating to the billing and collection thereof by the Lake County Department of Utilities; said First Amendment substantially in the form attached hereto and incorporated herein.

2020-87 is an amendment to the agreement that dates back to 1979 with the County, the Department of Utilities and the City. They have updated their agreement with ourselves and other neighboring City's where they provide billing services for sewer.
There are no changes to the City sewer rates at this time.

Ms. Bosley said this is an update to the agreement in which there were references to specific charges. This amendment keeps open what the county can charge the City and what the City charges.

RESOLUTION NO. 2020-88    Motion carried  7 to 0

A resolution authorizing the Mayor to enter into a Municipal Tax Incentive Agreement with Marous Brothers Construction, Inc., pursuant to R.C. Chapter 718, and declaring an emergency.

The City of Willoughby has created a Municipal Tax Incentive Program under R.C. Chapter 718 for the purpose of establishing, expanding, renovating, or occupying facilities; hiring new employees; and preserving jobs for certain specified tax incentives; Marous Brothers Construction, Inc. has submitted an application to the City of Willoughby for municipal tax incentives; The Mayor is hereby authorized to enter into a Municipal Tax Incentive Agreement with Marous Brothers Construction, Inc., 36933 Vine St., Willoughby, OH 44094, consistent with the parameters and guidelines heretofore established by Agreement; such Agreement substantially in the form now on file with the Economic Development Director.

Mr. Thielman said Marous Brothers started in the City in 1981 and have grown from a small construction company to one of the biggest restoration companies in the mid­ west. For the past 22 years, they have been based on Joseph Lloyd Parkway with a subsidiary office in downtown on Clark and Second Street. Their office needs have continued to grow but they also need warehouse space. He said a unique opportunity arose for Marous to purchase property in a struggling area on Vine Street. Their new office building will be 34,000 SF. Discussions regarding incentives began prior to construction. They estimate they will increase their payroll $3 to $4 million in the next seven years. A base payroll needed to be determined to make the grant work for them noting they have never asked for a grant previously. The $9.5 million was determined after reviewing the payroll over 20 years and the averages for the last 3, 5 and 10 years. The grant would be a 7 year, 50% share of the entire new payroll above that. Mr. Carr said the 10 year average was $9.5 million and the 5 year average was $10.3 million with other factors to consider. He suggested a round figure of $10 million as the basis. Mr. Thielman said if there was a recession and their payroll is reduced, the company can come back and renegotiate. Mr. Woodin asked if 50% is one of the highest incentive grants that have been given. Mr. Thielman said the last three or four grants given were at 50%.  Mr. Massimo Carmosino from Marous Brothers said the guideline in order to obtain a 50% grant was set at $3 million dollars or over.

He said the average was $9.5 million with a projection of $12.5 giving them the $3 million. He said Marous Brothers have been in business over 40 years and are making a major commitment to the City in an area that needs redevelopment. The credit would help them off set some of their costs. Mr. Anderson said he has no issues with the $9.5 million. Ms. McNeill said the new building is going up quick and is beautiful; she said she is OK with the $9.5 million. Mr. Tomaselli said he agrees that Marous Brothers has been a good neighbor and likes the approach taken in determining the starting point.

ADDENDUM TO THE AGENDA

RESOLUTION NO. 2020-89    Motion carried  7 to 0

A resolution authorizing an expenditure of $36,865 for the purchase of  one (1) 2020 Ford Explorer Police Interceptor from Liberty Ford Inc. for use by the Willoughby Police Department, and declaring an emergency.

CARES (Pandemic Funds) money will be used for the purchase of police vehicles. Chief Schultz said he tried to use the state bid dealer, Lebanon Ford, but they didn't have any cruisers at the time. These vehicles were found at Liberty Ford and are ready to go. Overall the vehicles will be safer to transport people in; they will be easier to clean with plastic seats and plastic doors inside. Mr. Anderson asked if the vehicles need to be up and running by December 31st and if the City is permitted to get rid of any vehicles. Chief Schultz said the vehicles have to be up and running by the end of the year. Ms. Bosley said it wasn't a rule the new vehicles had to be an increase. She said the City wanted to clarify that the vehicles being added during the pandemic would be easier to clean and provide better separation. In other words, the vehicles being purchased are meeting the needs of the current pandemic.

RESOLUTION NO. 2020-90    Motion carried  7 to 0

A resolution authorizing an expenditure of $36,865 for the purchase of one (1) 2020 Ford Explorer Police Interceptor from Liberty Ford Inc. for use by the Willoughby Police Department, and declaring an emergency.

The Chief of Police received a quote of $36,865 from Liberty Ford Inc. for the purchase of one (1) 2020 Ford Explorer Police Interceptor; and

the 2020 Ford Explorer Police Interceptor is an allowed public safety expense under the CARES Act Funding.  Funds for Covid 19.

RESOLUTION NO. 2020-91    Motion carried  7 to 0

A resolution authorizing an expenditure of $36,865 for the purchase  of  one (1) 2020 Ford Explorer Police Interceptor from Liberty Ford Inc. for use by the Willoughby Police Department, and declaring an emergency.

That an expenditure of $36,865 for the purchase of one (1) 2020 Ford Explorer Police Interceptor for use by the Willoughby Police Department is hereby approved and the Chief of Police is authorized to proceed with such purchase from Liberty Ford Inc., 5500 Warrenville Center Rd., Maple Heights, OH 44137; said purchase amount to be expended from the Local Coronavirus Relief Fund.

RESOLUTION NO. 2020-92    Motion carried  7 to 0

A resolution authorizing an expenditure of $48,203.69 for the outfitting of safety equipment for three (3) 2020 Ford Explorer Police Interceptors from Hall Public Safety Upfitters for use by the Willoughby Police Department, and declaring an emergency.

That an expenditure in the amount of $48,203.69 for outfitting of safety equipment for three (3) 2020 Ford Explorer Police Interceptors for use by the Willoughby Police Department is hereby approved and the Chief of Police is authorized to proceed with such purchase from Hall Public Safety Upfitters, 12400 Beechlawn Ave., N.E., Alliance, Ohio 44601; said amount to be expended from the Local Coronavirus Relief Fund.

This is for the outfitting of the new police vehicles.

ORDINANCE NO. 2020-93    Motion carried  7 to 0

An ordinance granting an easement for ingress and egress to Robert and Cynthia Jesenovec on a portion of city-owned Parcel Nos. 27-B-056-F-00-043-0 and 27-B- 056-F-00-044-0 for construction and maintenance of erosion protection along the shoreline of Lake Erie, and declaring an emergency.

That an easement for ingress and egress on a portion of city-owned Parcel Nos. 27- 8-056-F-00-043-0 and 27-B-056-F-00-044-0 from the City of Willoughby to Robert and Cynthia Jesenovec for their construction and maintenance of erosion protection along the shoreline of Lake Erie is hereby granted; said Easement substantially in the form now on file with the Law Department.

Law Director Lucas said the property owners are putting in erosion control revetment and in order to implement that erosion control, they needed a small amount of ingress and egress over two City owned parcels. With the help of Councilman Woodin, the final legal issues were worked out this morning which is why this ordinance was part of the addendum.

NOTE:

For accuracy, this section has been copied from the council meeting minutes

MAYORS REPORT

Mayor Fiala reported that the City has engaged Environmental Design Group to do market studies for both the downtown area and the north end (Lakeshore Blvd. and Lost Nation area). The City asked for just the raw numbers specifically regarding the opportunity for residential and commercial growth in both areas. For the north end, it will provide a planning base for what the City thinks can be built. For downtown, the City would like to feel comfortable the residential market doesn't get oversaturated.  He said in October the code revisions will be brought to City council. One of those will be to establish the art code based on the ordinance that was forwarded to Council earlier this week. The second item is the creation of an arts development fund (ADF). He said a little work needs to be done with regards to that but believes the art fund would be part of the general fund. In order to keep the process clean, he is recommending the formation of a new commission (i.e., Cultural Affairs Commission or Public Arts Commission) thatwould function as other Commissions do with a member of Council appointed to the commission and confirmed byCouncil. This commission would have the task of approving any art projects that would use public monies going forward. This would be done in conjunction with the Willoughby Arts Collaborative and would go through the Design Review Board and Planning Commission if the project was in the downtown district. The projects would ultimately be approved by Council with legislation. He said other commissions are being reviewed as well making sure they have value and are meaningful.

DIRECTOR’S REPORTS

Interim Service Director Palmisano - No report. Mr. Anderson asked if CARES money could be utilized in the service department. Mr. Palmisano said he has requested three new pick-up trucks that would go through state bid. Mr. Woodin requested a "Deaf' sign be placed on Hillward. Mr. Palmisano would look into it.

City Engineer Lannon - Reported that A & J Cement would like to start as soon as possible on the concrete slab repairs on Lost Nation Road and Airport Parkway. A pre-construction meeting will take place this week with work completed this year. Mr. Carr said Sommers Group met with City Engineer Lannon and Jim Sayles regarding anoutlet that was on a list of storm water improvements near the Abbotts Mill development. Mr. Lannon said Sommers Group will provide an outlet that was on the list of storm water improvements which is very helpful to the City. Mr. Sommers had promised this when he received approval for the subdivision and has made good on that promise.

Fire Chief Ungar - No report. He said the original date of completion and delivery of the new ambulance was the week of September 28th but said there has been a delay in one of the components that needs to be installed.

Police Chief Schultz - Chief Schultz thanked Council for the passage of resolutions related to his department. He thanked Finance Director Bosley, Mayor Fiala, Law Director Lucas, Chief Ungar and Councilmen Tomaselli and Carr for their support. Regarding Operation Safe Stay, he said since August 14th there have been over 133 calls and incidents. He said 75% of those have been patrol officer initiated; the officers have been doing an outstanding job going after the problems. The calls range from traffic violations to warrant arrests to drug possessions and weapons possessions. Officers Matt Neath and Kevin Crowley will receive an award from the Lake County Police Chiefs Association next month stemming from the July 22nd incident on Kirtland Road in which they saved the life of a 15 month old.

He reported that two new officers hired earlier this year, Ryan Gregorin and Casey Kraft, are doing an outstanding job.

Building Inspector Keller - No report. Mr. Anderson asked if the house directly behind him was planning on rebuilding; he noticed they reseeded the lot. Mr. Keller said they plan on rebuilding soon but needed to reseed per the City ordinance.

Parks & Recreation Director Banker - Reported the City is currently working with the health department to get the senior center open the first week of October. Due to a shortage on COVID tests, the members won't be tested but all employees, volunteers and instructors will be tested every two weeks. Another meeting will take place on Thursday with the health department on where the tests will come from and the cost. Mr. Anderson asked what the parameters would be for a citywide meeting at the gazebo or at the field house. She said all buildings are at 50% capacity; she doesn't know what the capacity of the field house is but she will find out. There is a possibility of having the meeting at Wes Point Park or at Todd Field.

Finance Director Bosley - Mr. Bosley said the audit was complete as of last week and the City has qualified for the Auditor of State Award with distinction.

COUNCIL REPORTS

Mr. Woodin - Mr. Woodin congratulated Ms. Bosley for her award. He thanked Law Director Lucas for all his work on getting the resolution together for the Jesenovec's.

Mr. Kary - Mr. Kary congratulated Ms. Bosley and the department for the award.

Mr.  Tomaselli  -      Mr. Tomaselli echoed the congratulations for the award the Finance Department received from the state.

Mr. Anderson - Mr. Anderson congratulated Ms. Bosley and her team on their award. He said it seems that thee-gov system is now working.

Mr. Garry - Mr. Garry congratulated Ms. Bosley and her team on her award.

Ms. McNeill - No report.

Mr. Carr - No report.

Motion made and seconded to go into Executive Session to discuss imminent litigation per ORC 121.22G (3).

EXECUTIVE SESSION

The purpose of the Executive Session is in accordance with ORC 121.22(G) 3 – to discuss imminent litigation.

ADJOURNMENT

COMMENTS BY COUNCILMAN KARY

Here is an excerpt from an article in the News Herald (September 19, 2020)

 

 

Development projects on the horizon in Willoughby

Economic development opportunities came to fruition within the past six months, Fiala said, and Willoughby is becoming a more desirable place to live. Roughly $70 million worth of projects will be going on in the community. 

"One thing we're really conscious of right now, given how much is going to happen in Willoughby, is transparency," Fiala said. "We owe it to our citizens to make sure they know what's going on." 

The city is striving to organize public meetings to communicate information to citizens, Fiala said, but it's troublesome due to the pandemic. Roughly 23,000 people currently live in Willoughby, he said, with an average age of 44. 

"The last thing we want to do is have our residents call us and say, 'What were you guys thinking,' " Fiala said. "So, we want to be thinking with them right now."

Marous Brothers Construction, Inc. has proposed an infill apartment complex project downtown, Thielman said. Roughly 35 units are being proposed on the corner of Clark and Second streets. 

"That's significant in itself because it adds more density to downtown," he said, "and then they're also across from Andrews Osborne Academy, on Mentor Avenue, proposing about 160 more apartment units there."

For the record, I have taken a personal role, as Councilman and Planning Commission Member, to push for transparency for our residents when it comes to “MAJOR DEVELOPMENTS” in our city.  I/WE want to hear your voice.  You will be hearing more about Public Meetings in the near future, especially those that will relate to planned developments in our city.

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