Meeting Notes February 2, 2021
Willoughby City Council Meeting Summary
• February 2, 2021 •
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
https://willoughbyohio.com/city-council/
FINANCE AND AUDIT COMMITTEE MEETING
The purpose of the Finance and Audit Committee Meeting is to review the 2021 Budget
AGENDA
REGULAR COUNCIL MEETING
February 2, 2021
APPROVAL OF MINUTES-
Regular Council Meeting of January 19, 2021
STANDING AND REGULAR COMMITTEE REPORTS
No major reports
CORRESPONDENCE
Clerk Novak read a request from the Ohio Division of Liquor Control for a new C-1 permit class (carry out beer) for Marc Glassman, Inc. dba Marcs Willoughby, 34881 Euclid Avenue, Willoughby, Ohio. Mr. Anderson asked if they will be selling wine as well. Mayor Fiala said there was a license for wine but not for beer. There were no objections.
PUBLIC PORTION
Cindy Bernardo, 4524 River Street- Ms. Bernardo said she wanted to discuss the slope failure at the intersection of River and South Streets. She said in 1998, a retaining wall was constructed south of the intersection. At that time, and in the years since, she was told it was being monitored. Recently she noticed a few men from CT Consultants taking measurements. In a May, 2017 report, CT Consultants recommended a few repairs to the slope and also provided an estimate for a retaining wall for erosion prevention. She said since that time the erosion has accelerated. The slope and erosion is threatening a state route and a vital link to downtown as well as private property. Ms. Bernardo requested that the administration and Council make the erosion on River Street a priority. City Engineer Lannon said their structural engineer, who had done the measurements previously, did the current measurements after someone called regarding additional slope failure noting more of the road has been lost off the edge of the cliff. He said he doesn't have the results yet, but it's obvious that it has changed. Mr. Lannon said an updated cost estimate will also be prepared that can be used to approach the Ohio Department of Transportation (ODOT) to ask them to participate in a retaining wall project. ODOT denied it previously, but the City will keep trying. He said it was denied in the past because it's a state route within a City, and ODOT views the work as the City's responsibility. Mr. Anderson asked if the City can make that part of River Street, a "no truck" street. It was his understanding that because it's a state route; you are not allowed to prohibit trucks. Law Director Lucas said he was always under the impression that the City doesn't have any regulatory authority over state routes. He said it seems like neighboring communities have prohibitions on heavy trucks on state routes. He said he would like to contact ODOT and inquire about the matter and also talk to the City Engineer. Ms. Bernardo felt the heavy truck traffic is now a moot point. She said it's her understanding the outflow from the sewer is also a contributor to the erosion. Mr. Lannon said it isn't helping with an outflow that is down near the river.
Jessica Guerreri, River Street - Ms. Guerreri said she feels it's a little too late to limit the truck traffic at this point. She said it's alarming to watch in real time the rate in which the land is disappearing. She said she has a copy of the study from 2017 that CT Consultants had prepared. She said the area near South Street has been monitored since 2003. At that point, a 19' wide slope failure about 5' off the edge of the payment was being monitored. Since that time, that slope failure has widened to 24' and there has been an additional larger slope failure of 45' that has occurred right next to it. In 2017, CT Consultants anticipated the land in between those two slope failures would also fail. CT Consultant also identified a 122' longitudinal crack in the pavement between those two areas. She said the results of the study were pretty alarming and CT Consultants made some strong recommendations on short and long term solutions. She said currently the slope failure is at the pavement. She said the one long term solution was a 125' soldier pile retaining wall which is a large expense. She said if the City waits longer, it will be even more expense. She wants the issue brought back into the forefront for discussion and drastic action needs to happen. Mr. Anderson asked what will be done in the immediate future about the road cracking. Service Director Palmisano said there is no scheduled maintenance on the road right now. He said once the weather breaks, any cracks can be addressed with the crack sealing crew. Mr. Lannon said the failure is up to the guardrail post; fencing may be an option.
UNFINISHED BUSINESS:
RESOLUTION NO. 2021-10 – TABLED VOTE TO REMAIN TABLED
A resolution approving #13-11-20 for construction of a self-service fuel center located at 4145 S.R. 306 (Sheetz).
The application submitted by Ryan Balko, P.E., Sheetz Engineering Permit Project Manager, for construction of a self-service fuel center located at 4145 S.R. 306 (Sheetz), is approved, and the Council hereby determines that, based on environmental considerations, such project shall be allowed to commence or be constructed subject to compliance with all applicable ordinances and regulations of the City of Willoughby and statutes of the State of Ohio.
Comments by City Engineer, Tim Lannon:
The reason this was tabled was to give the city time to investigate all issues cited with Traffic.
NEW BUSINESS:
RESOLUTION NO. 2021-11 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into an agreement to accept a Northeast Ohio Public Energy Council (NOPEC) 2021 Energized Community Grant in the amount of $61,665, and declaring an emergency.
Service Director Palmisano said this money will be used for the wiring on the Mentor Avenue bridge. He said he would like to replace all the wiring, and by the end of the summer, change the lighting towards downtown to more of an ornamental type look similar to downtown. Mr. Carr said a resident asked about LED lighting. Mr. Palmisano said the bridge lighting will be LED, but the lighting being referred to is primarily used in commercial and industrial areas. Councilman Tomaselli said he thought the wiring was replaced last year. Mr. Palmisano said there was temporary lighting that was strung on the bridge itself. He said there were direct shorts in the conduit and they were unable to remove the wiring. Additional conduit had to be added just to light the bridge as a temporary measure. The conduit was plastic and was temporary.
RESOLUTION NO. 2021-12 Motion carried 7 to 0
A resolution in ratification of a previously completed tap-in to the Willoughby Eastlake Sewer System for Permanent Parcel No. 31A017A000040, owned by Mary Rose Estates Apartments LP, in the City of Willoughby Hills, and declaring an emergency.
Mary Rose Estates Apartments, LP ("Mary Rose Estates"), at all times relevant, is the owner of Permanent Parcel No. 31A017A000040 located at 35253 Maplegrove Road, Willoughby Hills, OH 44094, adjacent to the City of Willoughby, Ohio and the Willoughby Eastlake Sewer System; and during the year 2012, Mary Rose Estates requested permission to tap-in to the Willoughby-Eastlake Sewer System for use by Mary Rose Estates, for a congregate-care facility consisting of forty (40) one-bedroom units, located on a portion of 31A017A000040.
After review and consideration, the Administration of the City of Willoughby had no objections to such tap-in; and consideration of the payment of $120,000 by Mary Rose Estates to the City of Willoughby on or about March 29, 2012, and under Sanitary Sewer Tap-in Fee 6010-760- 47705, Mary Rose Estates, thereafter, fully completed its outside tap-in for the property located at 35253 Maplegrove Road, Willoughby Hills, Oh 44094 to the Willoughby Eastlake Sewer System.
It is in the best interest of the City and its residents that the fully completed tap-in by Mary Rose Estates to the Willoughby Eastlake Sewer System be memorialized and ratified by this Council;
Law Director Lucas said Jack Gorka discovered that the money was paid in February 2012 and this is a clean-up of that transaction.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Reported he will be meeting with the Building Department and the Law Department to continue the modifications to the codes. He said he would reach out to Councilwoman McNeill with some ideas after doing some research on the Shade Tree Commission, Clean City Commission and Clean City Association. He said he is making a priority the scheduling of a Ward 5 meeting with Councilman Anderson to discuss the Browning School as well as meeting with Law Director Lucas and City Engineer Lannon to discuss the erosion on Rt. 84. Regarding the code updates, Councilman Kary asked if the City could look at requiring sidewalks for new developments and redevelopments. The Mayor agreed with Mr. Kary and said he would like to give the Planning Commission the flexibility to allow for sidewalks and other walkability options. Mr. Kary asked when the new arts code may be in front of the Council. Mayor Fiala thought within the next month along with other code updates.
DIRECTOR’S REPORTS
Service Director Palmisano - No report. Mr. Anderson asked how much salt has been used and if the City is using beet juice. Mr. Palmisano said 1,800 tons have been ordered this year, 4,500 must be ordered to satisfy the requirement. He said the City has been using beet juice when the temperature is between 20 and 25 degrees. Mr. Anderson asked if the City has considered the pre-treated salt instead of incurring the cost of salt and beet juice. Mr. Palmisano said the pre-treated salt is a great product but is $20 a ton more; he said the City can't afford to use it in all areas. He said the beet juice is $1.50 per gallon and is the cheapest and most effective product right now.
Fire Chief Ungar - Regarding a question about COVID trends that came up earlier in the Finance meeting, he said he receives daily updates from the Lake County General Health District showing how many Willoughby residents test positive. Near the end of December, that number was 139 residents during the course of a week. For the current week (Wednesday to Tuesday) that number is 39. He said numbers have dropped significantly; the current county total for the week is 58. Mr. Carr asked if the current reporting is more accurate than previously when totals didn't necessarily include nursing homes. Chief Ungar said he felt it is far more accurate. He said the health department re-assigned a lot of people to different roles. He said he is in touch with the same 2 or 3 people who only do contact tracing. Mr. Kary asked if our Fire Department personnel have received the vaccine. He said 60% of the department has been vaccinated with some personnel declining to receive the vaccine.
Police Chief Schultz - Chief Schutz reported that tomorrow, four officers will receive awards from the Lake County Police Chiefs Association. In April 2019 Lt. John Begovic and
Patrolman Paul Sciarrino went into a burning apartment at Willow Park Apartments and saved a woman trapped in a back bedroom. Patrolmen Kevin Crowley and Matt Neath performed life-saving measures on a 14-month-old child in July 2020. He said he is very proud of all four officers and their dedication to protecting our community. He thanked Chief Ungar for notifying him of both incidents.
Regarding an incident that took place early Friday morning, Chief Schultz said he wanted to commend the efforts of Lt. Dan Pitts, Sgt. Toby Davis and their officers, Detective Lt. Matt Tartaglia and his detectives. He said two males from out of state were caught stealing $50,000 worth of Snap-on and Milwaukee tools from a storage unit off Euclid Avenue and Campbell Road. With the help of the Wickliffe and Willowick Police Departments, K-9 Rex, and his handler Patrolman Brandon Zinner, the suspects were caught after a short foot pursuit. He said it is believed that the two suspects are involved in a multi-state theft ring. He said the department was tipped off by a shop owner working on Campbell Road who saw the two men going back and forth to a van with a shopping cart.
Parks & Recreation Director Banker –
Ms. Banker said she received many calls and emails regarding the playground equipment being removed at Browning. The City is removing the playground structure, picnic tables, and benches. The playground structure will be moved to Gilson Park. A lot of people asked that the equipment be placed at Falconwood, but unfortunately, it's not big enough when it comes to implementing safety zones. She said fences would need to go up, taking away from the neighborhood. A free library that was built by a Boy Scout for an Eagle Scout project will be moved to Falconwood. The swings will be re-used as replacement parts in the City.
COUNCIL REPORTS
Mr. Anderson –
Mr. Anderson thanked Ms. Banker for addressing the playground equipment. Regarding the upcoming Ward 5 meeting, he would like as many people as possible to attend. There will be a discussion about Browning and the new development on Shankland. The meeting will be announced on Facebook.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
I have just a short note to share that Mayor Fiala has started a program called Mayor’s Night IN. It is a Zoom open meeting for the residents in the city to communicate directly to the Mayor. I attended the first, which I felt was quite successful. There were about 50 attendees at the first meeting, and I hope that there will be double when this program takes place again. This is YOUR chance to ask questions on any topic related to our city. I hope to see more take advantage of this forum.
NOTE: when Covid settles down, the format will change, and it will be the Mayor’s Night OUT.
He plans on finding a convenient meeting place in each WARD in our city to meet with the residents from that Ward.
It would be like the Ward 2 meetings that I hold, but with the Mayor as your HOST.
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
https://willoughbyohio.com/city-council/