MEETING NOTES FROM JUNE 14, 2022
Willoughby City Council Meeting Summary
• June 14, 2022 •
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/
ABSENT: Ken Kary
COMMITTEE MEETINGS
Environmental Planning Committee
EAS #8-4-22
The proposed project is for the construction of an addition to the existing building located at 6095 Commerce Circle (Texas Roadhouse).
Mr. French from Texas Roadhouse said currently take-out orders go out through the front door; due to the pandemic, take-out sales have increased significantly. For the store in Willoughby, the proposed take-out structure will be placed on the left side of the building measuring 15' x 46' which will be 40% customer and point-of-sale space and 60% food prep and dry storage space. Mr. Anderson said the Planning Commission approved the EAS with the following notations. There were no issues with stormwater, no impact on traffic or concerns cited by the Police Department, minimal effect on the Fire Department, no noise, air or water pollution concerns and no impact on the school system, and no hazardous waste. The timeline for the project is approximately nine weeks.
There were no other comments or concerns from the committee members or the directors. Mr. Anderson said the committee is recommending the approval of EAS #8-4-22.
EAS #9-4-22
The proposed project is for the removal of a drive-up ATM and the construction of a freestanding ATM located at 35101 Euclid Avenue (First National Bank of PA).
Ms. Settino said the project is for a stand-alone Interactive Teller Machine (ITM) in an existing parking lot where new parking spaces with be taken up with the ITM; customers can talk to a teller at the ITM. Mr. Anderson said the Planning Commission approved this EAS with the following notations. There are no stormwater issues since it's an existing parking lot, no impact on traffic, no issues with Police or Fire, there are no outdoor speakers at this location, no impact on the school system, and no hazardous waste. Ms. Settino said the project will take approximately 5 days. Ms. Settino said First National Bank of PA is putting ITMs all over the country. Customers can actually deposit money and do anything you can do inside a bank. The tellers will be located in Pennsylvania.
There were no other comments or concerns from the committee members or the directors. Mr. Anderson said the committee is recommending the approval of EAS #9-4-22.
Finance & Audit Committee
CAPITAL
Mr. Tomaselli said this is a continuation of the capital discussion from May that didn't include the Fire Department, more specifically the request for a new ladder truck.
FIRE DEPARTMENT
Regarding the ladder truck, Chief Ungar said one of the requirements for a city the size of Willoughby is the actual height and reach of the ladder truck is based on ISO standards. The recommendation is that any city that has five buildings or more that are three stories in height or taller has an aerial ladder truck. The second part of that is being able to reach the roof of the tallest building. He said the City has far more than five buildings that are three stories in height, and with Sandcrest on Lakeshore Blvd. being seven stories in height, that increases the need for a ladder truck that reaches 100 ft. in height. He said they have to work with setbacks so it's not always about the height; there's a need to go a horizontal distance as well. Chief Ungar referenced a recent fire at DiMilta Iron on Ben Hur where the ladder truck operated at roughly 100 ft. and it was less than a two-story building; reaching the area horizontally where the main body of fire was what was important.
Regarding the differences between the current ladder truck and the proposed ladder truck, Chief Ungar said the proposed ladder truck is shorter and has one less axle than the current ladder truck but provides a significant amount of compartment space. There is a little bit of sacrifice with the number of portable ladders that slide out of a compartment. The portable ladders are used when the aerial ladder can't be used and it only shortens the truck 11 ft. of the ground ladder so it still has plenty of capability. He said one of the biggest advantages of the new style truck is a 500-gallon water tank giving the department a much more versatile truck. The current ladder truck only holds 150 gallons of water which only fills up the fire hose. Choosing this new style truck with 500 gallons of water gives the department the ability to use the truck as a pumper or a ladder truck. The weight of the vehicle is roughly 15,000 lbs. lighter because it is a smaller vehicle and much more maneuverable; the length of the truck is much shorter by almost 10 ft. He said this truck was selected because the set-up space needed for this truck is much smaller. For example, the current ladder truck couldn't have been set up at the fire that took place on Congressional Lane a few years back because it's too wide; when the outriggers go out to let the aerial go up it would have been in resident's front yards running the risk of tipping over because it's on soft ground. The proposed ladder truck has a different type of stabilization system; if you can open the doors on the cab, you can set the outriggers out. It's a much smaller footprint but reaches 100 ft. horizontally. The current ladder truck was made by three different companies; two of three are out of business. Parts are scarce and the truck is becoming difficult to repair. The replacement cost similar to the ladder truck the department has now is between $1.5 to $1.6 million versus the quote obtained for the proposed truck of just under $1.3 million. Chief Ungar is proposing to put the new ladder truck at the Lost Nation Road fire station. There is more opportunity for the truck to remain in service more often because the call volume is a little slower there. With the high call volume at the Euclid Avenue station, as soon as one ambulance leaves, there wouldn't be enough staff for the ladder truck. He said the response time to the downtown area will be good and the truck will function better in the downtown area (Ward 3 and 5) because of the shorter profile and setup capabilities.
Mr. Tomaselli asked what would happen to the old ladder truck. Chief Ungar said he had the truck appraised and it was recommended that the City use it as a reserve. The appraised value is very low; there is no wholesale or trade-in value and the retail value is between $25,000 and $50,000. He said Eastlake sold a similar ladder truck on a government website for $11,000. He said a significant amount of money was put into the truck a few years ago but it didn't increase the value of the truck and was done to repair the potentially fatal crack in the frame to stretch the truck life out to 25 years. Chief Ungar said it took three years to fix the current ladder truck and bring it up to current standards. The ladder on a new truck doesn't have a platform, but it can be controlled remotely limiting exposure to fire personnel. By the time a new truck will be built, the old ladder truck will have been in service for about 30 years.
Chief Ungar said the proposed ladder truck would cost $1.2 million; a week ago there was a 6% price increase. The sales representative said he is fairly confident there won't be another increase for several months. Chief Ungar said he requested prices from three different manufacturers on a new truck; one manufacturer that didn't submit a price has never built a truck. The other two manufacturers have built dozens. He said all manufacturers have had significant increases in pricing this year. He said the manufacturer he would like to use does have a few demo units available which are actually cheaper than building a new truck. The demo truck is in a phase where there could be changes made to it for no additional cost at just under $1.2 million.
Chief Ungar said a grant was applied for in 2021, but the money ran out before the City was awarded anything. The City reapplied for the grant, however, if the City signs a contract with the manufacturer for a new truck prior to FEMA awarding the grant, the money can't be used for the truck. The grant money will start to be awarded in mid-June. The grant could be for approximately $900,000 which is a significant amount. Ms. Bosley said the City basically has about $1 million or so for capital each year. If the City were to commit $600,000 of a $1 million dollar budget to the ladder truck, it would wipe out a lot of other capital requests. She said the company Chief Ungar has decided to use has lease-financing with multiple scenarios of financing that include financing the whole amount or financing with a percentage down and financing the remainder. She said the more money your finance, the better the interest rate is. She said if the City went with the private placement, the interest rates would be similar to what the leasing is but potentially a little lower. Banking 10-year maximum on a Fire truck would be 3.5% to 3.7% interest. The interest rate showing on the lease (with the manufacturer) is 2.7% to 2.9% but there is another factor involved that makes it more like 3% interest or higher because interest is accruing before the first payment. The one option through the manufacturer was for nine years on$1,250,000, the payment would be $162,000 a year. At seven years for the same purchase amount, the payment would be$203,629 per year. Mr. Carr said he would like to have a conversation with other communities to see if there is some interest in the regionalization of assets, particularly Eastlake. Mr. Tomaselli asked if other communities are starting to abandon these size trucks. Chief Ungar said his main priority is with the City. He said he looked at mutual aid runs over the last three years and the ladder truck only went on 22% of the calls; 78% of the time it is being used in the City. He said the current ladder truck is being underutilized because there isn't the staffing to operate it. The City benefits from mutual aid by far. Chief Ungar said the department's current ISO rating is a low 2 and if the City didn't have a ladder truck it could drop to a 3.
POLICE DEPARTMENT
Chief Schultz said he is requesting money for ballistic vests and tasers. He said he requested $15,000 for ballistic vests because there is some money in reserves from last year. He said the department receives 75% of the money back through a grant from the Ohio Bureau of Worker's Compensation. It was a 50% reimbursement but it is now 75%. Tasers were first purchased for the department in the early 2000s for the entire department. The tasers have been an important tool for the safety of the City's officers as well as the safety of everyone in an incident where the use of force is used. He said tasers do need to be replaced because eventually, they break down. He is asking for $10,000 for taser replacement that will be used on 5 to 7 new tasers and the repair of other tasers. He said officers are on a five-year vest replacement schedule.
Executive Session
The purpose of the Executive Session is in accordance with ORC 121.22(G)2 to consider the sale or purchase of property.
AGENDA
REGULAR COUNCIL MEETING
June 14, 2022
APPROVAL OF MINUTES-
Regular Council Meeting of May 17, 2022
STANDING AND REGULAR COMMITTEE REPORTS
No major reports
CORRESPONDENCE
Clerk Novak read a request from the Ohio Division of Liquor Control for a transfer from M & R of Lakeshore Blvd. Inc., dba Bondis Beverage, and Deli, 38803 Lakeshore Blvd., Willoughby, Ohio to First Grocer, Inc., dba Bondis Beverage & Deli, 38803 Lakeshore Blvd., Willoughby, Ohio. There were no objections.
PUBLIC PORTION
No one spoke
NEW BUSINESS
RESOLUTION NO. 2022-72 Motion carried 6 to 0
A resolution pursuant to Sections 5705.19 and 5705.191 of the Ohio Revised Codesubmitting to the electors of the City of Willoughby, County of Lake, State of Ohio, the question of a renewal of a One and Five-Tenths (1.5) Mills Tax Levy for Five (5) years for the purpose of General Operating Expenses, and declaring an emergency. RENEWAL OPERATING LEVY.
Mr. Carr said a memo went out from Finance Director Bosley stating this is the second step in the process of putting the renewal levies on the ballot.
RESOLUTION NO. 2022-73 Motion carried 6 to 0
A resolution pursuant to Sections 5705.19 and 5705.191 of the Ohio Revised Codesubmitting to the electors of the City of Willoughby, County of Lake, State of Ohio, the question of a renewal of a One-Half (.5) of One Mill Tax Levy for Five (5) years for the purpose of Recreational Expenses, and declaring an emergency. RENEWAL RECREATION LEVY
ORDINANCE NO. 2022-74 Motion carried 6 to 0
An ordinance establishing Chapter 535 of the Codified Ordinances of the City of Willoughby, Ohio, titled, "Criminal Activity Nuisances".
Chief Schultz said Operation Safe Stay began in 2020 with the help of some grant money from the county and the federal government for operation. Since that time there have been hundreds of incidents at the hotels. He said he currently has a squad working midnights combating the prostitution problem at the hotels and they have made a number of arrests. There are also issues of human trafficking, firearms, and drugs at the hotels. Chief Schultz said this legislation is the next step in the project that started in 2020 and will help make these areas in the City safe. Mr. Carr asked about the enforcement piece in the legislation. Law director Lucas said there are police or administrative steps to correct the problem and one of the administrative steps is to shut the establishments down after three incidents. Mr. Tomaselli asked if this nuisance legislation is unique. Mr. Lucas said he found similar legislation in Ohio as well as other states.
RESOLUTION NO. 2022-75 Motion carried 6 to 0
A resolution approving EAS #8-4-22 for the construction of an addition to the existing building located at 6095 Commerce Circle (Texas Roadhouse).
RESOLUTION NO. 2022-76 Motion carried 6 to 0
A resolution approving EAS #9-4-22 for the removal of the drive-up ATM and construction of a freestanding ATM located at 35101 Euclid Avenue (First National Bank of PA).
RESOLUTION NO. 2022-77 Motion carried 6 to 0
A resolution amending Resolution No. 2022-37 to provide for current expenses and other expenditures of the City of Willoughby, Ohio, during the period ending December 31, 2022, and declaring an emergency.
Mr. Carr said this legislation created two new capital accounts for the amphitheater and Osborne. Ms. Bosley said it also adjusts the budgets for the equipment that had already been discussed and approved. It also covers NOPEC and two other smaller funds.
RESOLUTION NO. 2022-78 Motion carried 6 to 0
A resolution authorizing an expenditure of $48,535.00 for the purchase of one (1) 2022 F250 with an 8-foot Western Pro Plow from Classic Auto Group, for use by the Street Department, and declaring an emergency.
Mr. Palmisano said this truck is on the lot and was approved through the capital. Mr. Carr said he didn't see a truck listed under the Service Department. Mr. Palmisano said this truck is actually for the Parks Department. Council agreed to amend the resolution this evening to reflect the truck is for the Parks Department and not for the Service Department.
A motion was made by Dan Anderson to amend Resolution No. 2022-78 to change the wording from Street Department to Parks Department, seconded by Mike Merhar.
Motion carried 6 to 0
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala said there will be a meeting to discuss the proposed amphitheater and Chagrin River Trail tomorrow night at Todd Field at 6:30 p.m. There will be a Boards and Commissions joint work session with Council next Tuesday to review some recent code challenges. Action items could take place following that meeting. Regarding the bridge art, Mayor Fiala said there is a possibility it could be installed this Saturday because the street will be closed and they need to use a boom truck to install it. The unveiling will take place at a later date.
DIRECTOR’S REPORTS
Service Director Palmisano - Mr. Palmisano thanked Council for the passage of Resolution No. 2022-78 for the purchase of a new pickup truck. He said the bid received last week for Biosolids was twice as much as the current contract; the current cost is $278,221 a year and the new cost would be $526,552 a year. He feels the work can be done in-house for approximately $265,260 a year with several options of either purchasing or leasing a trailer and truck cab. Mr. Palmisano said the City has three months to decide. Mr. Anderson asked if there was manpower at the WPCC to haul the biosolids to the landfill. Mr. Gorka said yes. Mr. Tomaselli asked about the landfill fees. Mr.Palmisano said the fee is $30 per ton and the plant averages 6,100 tons per year. He said the average would be 20 tons per trip using either a truck or trailer.
Mr. Garry asked if Dominion Gas had a project downtown. Mr. Palmisano said they have a project on Clark Street that will be going through the sidewalk.
City Engineer Lannon - Regarding last year's road program, City Engineer Lannon said the contractor is paving Wood Road and Parkway Blvd. tomorrow and will be starting work on Comanche and Elmwood.
Fire Chief Ungar-Chief Ungar said he appreciated the discussion tonight regarding his capital request.
Police Chief Schultz - Chief Schultz thanked Council for the capital discussion and the passage of Ordinance 2022-74; it will help out with the hotels and motels. A Patrol Officer recruitment video was shown; he plans on doing a dispatcher recruitment video later this year.
Parks & Recreation Director Banker - Ms. Banker said the Car Cruise-In is this Saturday from 4 p.m. to 10 p.m.; the roads will close at 2 p.m. The first movie night took place this evening in conjunction with the library and the Police Department.
Finance Director Bosley - Regarding First National Bank that was brought up earlier this evening, Ms. Bosley said the City has done business with them; there is a branch in Mentor.
COUNCIL REPORTS
Ms. Sievers - Ms. Sievers reported the recent Ward 1 meeting was a huge success; she thanked Councilman Anderson for facilitating the meeting. She will begin the Council Ward 1 walks at Osborne Park at 7 p.m. this Thursday.
Mr. Tomaselli - Mr. Tomaselli said he has been working closely with Mayor Fiala, Law Director Lucas, and Assistant Police Chief Tartaglia on reworking the current ordinance regarding commercial vehicles in residential neighborhoods. He said research has been done on how other cities handle the issue. He said the current ordinance is based on weight and at times height and length which aren't easily discernable when the trucks drive by. He is hoping to have a Safety Committee meeting later this summer.
Mr. Anderson - Mr. Anderson acknowledged the Willoughby Arts Collaborative for their work on the utility boxes.
***Motion made and seconded to go into Executive Session in accordance with ORC 121.22(G)2 to consider the sale or purchase of property at 7:50 p.m.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
I apologize for my lack of attendance at this council meeting. I am comfortable sharing that I recently was diagnosed with Prostate Cancer and faced several critical decisions. The most important was to agree to Radical Prostatectomy. The surgery was addressed recently, and I am now working my way back to my duties as a husband, father, and grandfather, as well as my responsibilities on City Council, Planning Commission, and Willoughby Arts Collaborative. I express my Thanks to all who have communicated with me over the past few weeks. Your thoughts and comments are greatly appreciated. Hoping to see all of you soon this summer!!!!
For those who have asked, I am planning on reinstatement of my Ward 2 “IN-PERSON” Meetings sometime LATE FALL, 2022. More on this later.
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