Meeting Notes September 7, 2021
Willoughby City Council Meeting Summary
• September 7, 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/
AGENDA
REGULAR COUNCIL MEETING
September 7, 2021
SPECIAL CEREMONY:
Swearing in and Awards to members of the Fire Department:
PROMOTIONS AND NEW APPOINTMENTS
Assistant Fire Chief - Mike Dorsey
Battalion Chief - Joe Heil
Lieutenant - Aaron Bolton
Lieutenant - Ryan Ruthenberg
Firefighter - Francis Cavotta
Firefighter - John Schueren
Firefighter(s) of the Year 2020 - Dan Carroll and Kyle Kline
Our Firefighter of the Year winners both worked to implement a physical fitness program for our firefighters, coupled with an over $40,000 grant that allowed the purchase of updated equipment and training for both fire stations.
CONGRATULATIONS TO THOSE WHO SERVE WILLOUGHBY AND ITS RESIDENTS
Mayor Fiala said he is hoping to have the members of the Public Art Committee confirmed by Council at the next meeting; 4 of the 5 members have been selected.
APPROVAL OF MINUTES-
Regular Council Meeting of August 10, 2021
STANDING AND REGULAR COMMITTEE REPORTS
Safety Committee, Mr. Tomaselli - Reported the Safety Committee is recommending Resolution 2021-58 be permanently tabled. More discussion regarding Blue Line Solutions will take place and will be brought before Council when appropriate.
Clean City Commission, Mr. Garry - Reported the Chagrin River cleanup is this Saturday at 9:00 a.m.; please meet at Daniels Park if you would like to participate.
Planning Commission, Mr. Kary - Reported the Planning Commission has had full agendas this summer with major developments; Council can reach out to the Planning Commission members with any questions or concerns.
CORRESPONDENCE
Clerk Novak read a request from the Ohio Division of Liquor Control for a Transfer from Speedway LLC dba Speedway 3998, 4189 SR 306, Willoughby, Ohio to Midwest Convenience, Inc., dba Rebel, 4189 SR 306, Willoughby, Ohio 44094. There were no objections. Clerk Novak read a request from the Ohio Division of Liquor Control for a new 05H (sale of beer or liquor by the glass on the premises) license for the Fine Arts Association, 38660 Mentor Avenue, Willoughby, Ohio 44094. There were no objections.
PUBLIC PORTION
No one spoke
UNFINISHED BUSINESS
RESOLUTION NO. 2021-48 Motion carried 7 to 0
A resolution declaring it necessary to improve the streets and public thoroughfares of the City of Willoughby, Ohio, within the termini designated herein, by supplying said streets and public thoroughfares with street lighting, and declaring an emergency.
Motion made and seconded to remove Resolution No. 2021-48 from the table.
RESOLUTION NO. .2021-58 – PERMANENTLY TABLED
A resolution authorizing the Mayor to enter into an Automated Speed Enforcement System Agreement with Blue Line Solutions, LLC is necessary to a Traffic Law Photo-Monitoring Program and establishing Civil Penalties for Automated Speed Violations.
Councilman Tomaselli said this will be permanently tabled, but does not preclude the City to look at it in the future. There are too many questions to continue to table the resolution; there could be new legislation possibly at a later date.
NEW BUSINESS
ORDINANCE NO. 2021-78 Motion carried 7 to 0
An ordinance accepting a permanent easement from Bruce C. and Bobbi R. Sundman for sidewalk purposes and declaring an emergency.
This is for a sidewalk easement to allow for infill of sidewalk along SR-84 from Kirtland Road to the existing walk one lot to the west.
City Engineer Lannon said the resident down the street (from the Sundman's) offered to pay for a sidewalk across the corner lot so an easement is needed. Councilman Tomaselli asked if there were any discussions with the Sundman's regarding the easement. Law Director Lucas said there was communication with the Sundman's. The permanent easement was sent to the Sundman's, and the City is waiting for it to be signed. He said he wanted Council approval on it so when it is received, work can proceed. If it doesn't come back, the easement won't go into effect. Mr. Tomaselli said the Sundman's are very particular about their lot. He said he is concerned because there is a swale as it goes up to Rt. 84 and if a sidewalk is built there, the swale will need to be filled. He questioned who would pay for that. Mr. Lannon said a survey was done and there is a swale and topography and the City is prepared to deal with that with sidewalk grading or drainage work. Mr. Lucas said the Sundman's should call if they have any questions.
RESOLUTION NO. 2021-79 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.
Finance Director Bosley said the Budget Commission can only certify levies that are continuing. This certifies the continuing levies and after the election, an update will be sent when the residents say yes to the renewal levies.
ORDINANCE NO. 2021-80 Motion carried 7 to 0
An ordinance certifying to the Auditor of Lake County certain unpaid bills owing to the City of Willoughby, Ohio, and declaring an emergency.
Our basic weed control on properties in Willoughby.
That the Clerk of Council is hereby authorized and directed to certify the following unpaid bills to the Auditor of Lake County for collection; said unpaid bills, for the removal of noxious weeds, are to be paid to the City over a one (1) year period beginning in 2021.
RESOLUTION NO. 2021-81 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into a Memorandum of Understanding with Liberty Development Company to memorialize the business terms agreed to by the Developer and the City of Willoughby for the planning of the Union Point Site, prior to the execution of a Purchase/Development Agreement, and declaring an emergency.
All in reference to the re-purpose of the old Willoughby Union High School and neighboring properties.
28 apartments in the main building, and neighboring Townhomes on adjacent properties.
This resolution is the next step towards the purchase agreement with Liberty Development.
RESOLUTION NO. 2021-82 Motion carried 7 to 0
A resolution authorizing the Mayor to submit a Loan Application and enter into a Loan Agreement with the Ohio Environmental Protection Agency, Division of the Environmental and Financial Assistance, and the Ohio Water Development Authority, through the Water Pollution Control Loan Fund (WPCLF) for Planning, Design and/or Construction of the Meadowlands Basin Outlet Improvements project; designating a dedicated repayment source for the loan; and declaring an emergency. All part of our storm-water program.
This allows for the application to WPCLF for a low-interest loan to assist with funding the Meadowlands retention basin outlet storm sewer. Other funds in hand include a $350K grant and a $250K zero % interest loan from OPWC.
City Engineer sent out a memo regarding this resolution. He said loans (interest rates) are currently less than a half percent which is really low. This is a $3 million dollar project.
RESOLUTION NO. 2021-83 Motion carried 7 to 0
A resolution authorizing the Mayor to apply for and enter into a contract with the Ohio Public Works Commission (OPWC), for funds necessary to the Nason Basin to Grove Avenue Storm Sewer Phase 1 Project and the 2022 Concrete Slab Replacement Project, and declaring an emergency.
This allows for an OPWC application for a funding application for the Nason Basin to Grove Ave. Storm sewer Phase 1 [from the basin to Vine Street] and the 2022 Concrete Slab repair program. Again storm-water remediation for Willoughby.
Mr. Lannon said the City is in line to receive funding starting next July 1st. The Nason Basin project will bore under the railroad, Rt. 2, and Vine Street and is close to $10 million. This resolution covers two applications; one for Nason Basin and one for the concrete slab replacement project.
RESOLUTION NO. 2021-84 Motion carried 7 to 0
A resolution declaring it necessary and determining to proceed with acquiring, constructing, installing, equipping, improving, maintaining, and repairing improvements necessary to abate erosion along properties within the City included within the Lake Communities Shoreline Special Improvement District, together with all necessary appurtenances thereto, and declaring an emergency.
Two companion pieces of legislation (2021-84, 2021-85) relevant to the Lake County Communities Shoreline Special Improvement District (SSID), a Resolution of Necessity, and an Ordinance to Levy Special Assessments.
The Resolution of Necessity references an “Attachment A” in which the McDonald Hopkins legal team is still preparing. The attachment will basically list each property owner participating in the shoreline SID financing (round 1). Each property owner is permitting their property to be assessed the full costs associated with their individual erosion control improvement project. Declaring the necessity.
Mr. Lucas said this resolution declares the necessity of the projects and Resolution No. 2021-85 levies the special assessments. There are five participating property owners.
ORDINANCE NO. 2021-85 Motion carried 7 to 0
An ordinance levying Special Assessments for acquiring, constructing, installing, equipping, improving, maintaining, and repairing improvements necessary to abate erosion along properties within the City included within the Lake Communities Shoreline Special Improvement District, together with all necessary appurtenances thereto, and declaring an emergency.
The Ordinance to Levy Special Assessments simply is implementing the special assessment for each property owner participating. Acquiring the funding.
As of today, the City of Willoughby has four (4) participants in the first round of financing. The assessments are for fifteen (15) years and the interest rate is just under 3%. Erie Bank is providing the financing supported by a letter of credit from the Lake County Port Authority.
ADDENDUM
RESOLUTION NO. 2021-86 Motion carried 7 to 0
A resolution authorizing the Mayor to review and accept the best pricing and time period proposed by a retail natural gas supplier for the subsequent inclusion within an agreement for the purchase of natural gas and related services for the City of Willoughby's public buildings, and within such time period parameters to be established between twelve (12) and forty-eight (48) months, effective December 1, 2021.
Mr. Lucas said WPCC Superintendent Jack Gorka wants to lock in prices for natural gas because gas prices are going up.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Regarding the fireworks that took place over the weekend, Mayor Fiala thanked Judean Banker, Shana Boyd, Mike Kocab, Chief Ungar, Chief Schultz, and Service Director Palmisano for their hard work in putting together the fireworks display. He said he is still working on merging Shade Tree Commission and Clean City Association; he is working through a legal issue. He asked Council to consider merging Sign Review Board and Design Review board because oftentimes they are conflicted and their agendas are light. There is currently one vacancy on Sign Review Board. Councilman Kary said he would be in favor of merging those two boards.
Councilman Carr asked about the public art to be placed at the corner of Erie Street and Mentor Avenue. Mayor Fiala said the steel is up and the masonry has started. The sign (the top) will be delivered at the end of September. Councilman Anderson said he received positive comments from residents who liked having the fireworks over Labor Day because they can be held earlier in the evening. He asked if this was something the City is considering doing in the future. Parks and Recreation Director Banker said it has been discussed and will be looking for more feedback. Mayor Fiala said it would be a nice "end of summer" celebration.
Councilman Woodin asked if there was any further discussion about the City selling property on Beachview. Mayor Fiala said Economic and Development Director Thielman asked several developers to weigh in on the appraisal which is about $1 million. The feedback is that the appraisal is good, but the sale price needs to be reduced due to erosion issues. Each parcel will be looked at individually to determine what amount should be deducted. The Mayor explained that the Hocevar's submitted an unsolicited bid to purchase the property on Beachview. The Mayor said if the City keeps the property, the erosion will need to be addressed. There will be further discussion with Council regarding the properties.
DIRECTOR’S REPORTS
Law Director Lucas - Mr. Lucas reported he will be meeting tomorrow with Kirtland Country Club's independent legal counsel as well as a representative from Tudor Estates regarding the protests.
Service Director Palmisano - Councilman Kary asked if anything can be done with the missing asphalt on Lost Nation Road. Mr. Palmisano said Lost Nation Road will get thorough patching prior to winter. The contractor for Rt. 84 is obligated to finish by October 15th. Regarding the water line replacement on Orchard, Mr. Woodin said one resident had to replace their water line and one resident had to replace their hot water tank. Both residents filed paperwork with the county for reimbursement, but both were denied. Mr. Palmisano said he spoke with Brian Cook who said those issues had nothing to do with the water line replacement but said he would talk to the inspector again.
Fire Chief Ungar - Chief Ungar thanked Council for allowing the swearing-in tonight. He said there will be a 9/11 20 year anniversary ceremony at Wes Point Park on Saturday at 9:45 a.m.
Parks & Recreation Director Banker - Reported the fireworks this past weekend was a huge success with Andrews Osborne, Fine Arts Association and Todd Field packed with people viewing the fireworks. The last concert of the season is this Thursday. The Osborne Park concerts are both complete and were a huge success; she is looking to increase the concerts at Osborne Park next summer. There will be a clam bake at the Lost Nation Golf course on October 16th.
Finance Director Bosley - Regarding American Relief Act monies, Ms. Bosley reported she calculated the City's lost revenue was between $1.9 and $2.3 million. The City can repay itself for the lost revenue and will potentially be able to have a choice in what the money can be used for. Councilman Anderson asked if the City is paying for sick time if an employee has to quarantine due to a COVID exposure. Ms. Bosley said that an employee needs to use their sick time because there is no longer any funding for that purpose.
COUNCIL REPORTS
Mr. Kary - Mr. Kary said as an outcome of a recent conversation he had with former Mayor Anderson, he said the Lake County Executive Airport will be adding new signage, landscaping, and benches down Lost Nation Road within the next year.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
I want to thank you all for the comments on future property development on Lost Nation Road (west side) near the Airport. I appreciate you taking the time to share not only what you would like to see if and when the properties are developed, as well as what you would NOT like to see.
The two Osborne Park Concerts this summer were truly a GREAT SUCCESS. Thanks to all for your attendance, and we look forward now to 2022, and hopefully more “MUSIC ON THE LAKE.” I will keep doing all I can as a member of Council to see that this program continues AND GROWS.
Finally, I would like to mention there will be a public information meeting on Tuesday, Sept. 28th from 5:30-7:00 pm at Osborne Park North Pavilion (The Lost Nation Golf Course clubhouse in case of inclement weather). The city will be providing a project overview and share ideas for the Osborne Park Shoreline Re-Imagined project with representatives from SmithGroup's design team.
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