MEETING NOTES MARCH 7, 2023
Willoughby City Council Meeting Summary
• March 7, 2023 •
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/
Committee Meetings:
ENVIRONMENTAL PLANNING COMMITTEE MEETING:
Committee: Ken Kary, Dan Anderson, Dan Garry
The purpose of the Environmental Planning Committee Meeting is to review:
EAS #15-11-22
Construction of an Ice Cream Shop with a drive-through located at 38720 Lakeshore Blvd. (JoJo's Ice Cream Shop).
Chairman Kary said Planning Commission approved EAS #15-11-22. He said the WPCC noted that the sanitary flow needs to be routed through a sampling manhole that is easily accessible for City personnel. Regarding stormwater, the development must include stormwater retention per code since the system was not designed to accommodate fully developed land; there is a lack of drainage design there now. Mr. Lannon suggested preserving natural drainage courses, possible detention basins, or water-absorbing paving to accommodate a 100-year storm. The Police Department nor the fire department had any issues. There were no noise, water, or air pollution issues. Mr. Kary said there is a one-year CUP; activities regarding the CUP will be reviewed after one year. There were no hazardous waste concerns and no impact on the schools. Regarding the timeline, the project should be completed by November 2024.
FINANCE AND AUDIT COMMITTEE MEETING:
Committee: John Tomaselli, Dan Garry, Ken Kary
The purpose of the Finance & Audit Committee Meeting is to discuss the 2023 Budget.
AGENDA
REGULAR COUNCIL MEETING
March 7, 2023
APPROVAL OF MINUTES-
Regular Council Meeting of February 21, 2022
STANDING AND REGULAR COMMITTEE REPORTS
Committee of Full, Mr. Carr - Mr. Carr said the first of the ward meetings would begin with the Ward 4 meeting at 7 p.m. at the Senior Center this Thursday.
Economic Development Committee, Mr. Anderson - No report.
Environmental Planning Committee, Mr. Kary - No report.
Finance and Audit Committee, Mr. Tomaselli - Reported there was a committee meeting this evening to discuss the 2023 operating budget.
Parks & Recreation Committee, Ms. Sievers - No report.
Personnel Committee, Mr. Anderson - No report.
Safety Committee, Mr. Tomaselli - No report.
Service Committee, Dan Anderson - No report.
WPCC Committee, Mr. Garry - Reported the annual WPCC meeting is tomorrow at 6 p.m. at Eastlake City Hall.
Planning Commission, Mr. Kary - No report.
CORRESPONDENCE
No correspondence
PUBLIC PORTION
Mary Beth Cole, 425 Hendricks Street, Cleveland, Ohio (representing It Takes Heart Campaign) -Ms. Cole said she is before Council tonight representing a statewide initiative by Governor DeWine. The initiative is to recruit foster and adoptive parents. She said there are 16,000 children just in Cuyahoga County alone, and not enough homes for these children. She said they are looking for citizens who are willing to give what it takes to raise children. She asked to spread the word about the initiative for fostering or adopting children.
Jeff Ruple, 8836 Shetland Court, Kirtland, Ohio - Mr. Ruple thanked Mr. Lucas, Mr. Keller and Mr.Kary for their comments tonight. He feels it (passage of Resolution No. 2022-138 and Ordinance No.2022-139) will be a step forward for Mr. John Ruple and his project (EAS #12- 6-22(a) and rezoning on Pelton Road).
Greg Patt, 38005 Brown Avenue, Willoughby, Ohio - With recent train derailments, especially the one in East Palestine, Ohio, Mr. Patt asked what the protocol was if something similar happened in Willoughby. Chief Ungar said his department would organize the hazardous material response the same way they manage a fire. If the department faced that situation, appropriate resources would be called in but more from a hazardous materials standpoint. He said his department has the most hazardous material technicians on the county team and Assistant Chief Dorsey is the team leader for the Lake County HazMat team. He said the department is very well-staffed and versed in hazardous materials response and feels if something happened, there would be a very well-organized approach to the situation.
UNFINISHED BUSINESS
RESOLUTION NO. 2022-138 - Tabled
Roll Call 6 yes
1 no (Tomaselli) Motion carried 6 to 1
A resolution approving EAS #12-6-22(a) for the rezoning of 17.416 acres of real property located on Pelton Road and further identified as Permanent Parcel No. 27B0390000300 from Limited Industrial (L-I) to General Industrial (G-I). Chief Building and Zoning Inspector said the county went back out to the site at his request; nothing has changed, which is perhaps a good thing because the City didn't want them moving more soils, and hopefully, the Army Corps of Engineers will be out soon. He said he spoke to the applicant about what his responsibilities were now and in the future. The applicant's goal is to do an impound lot, and they will need to do a development plan, an Environmental Assessment Statement (EAS), a site plan with EPA compliance, etc. A lot of things need to be accomplished before that can happen. Mr. Keller said for financing for the applicant to move forward, it does need to be rezoned. Mr. Kary said he felt comfortable moving this legislation along because the applicant has to submit a development plan and another EAS to get where he wants to be. He feels giving him a little push will be helpful. Mr. Keller said it is his understanding that the site plan is being prepared and may be turned in next week. It will go to Mr.Lannon for his review. Mr. Kary suggested that Council remove this resolution from the table and approve it. Law Director Lucas mentioned that the rezoning isn't necessarily linked to the EAS, and Council decided they would consider them together. The EAS is being linked with the EPA to review the wetlands,
and the City doesn't know when that will be. In the meantime, the developer won't get anywhere with the stalemate and won't get anywhere with the development because the development plan needs approval. The City can put the development plan on hold until the delineation report is available. Mr. Lucas said the applicant couldn't get financing, and the City is retarding that process. He agreed there is no detriment in following the recommendation of the Planning Commission regarding the rezoning. As long as the Chairman of the Environmental Planning Committee doesn't have an issue with the EAS, he believes the city should move forward. In the worst case, the City can get a restraining order. Mr. Anderson asked what would happen if the applicant started dumping on Saturday. Mr. Keller said that wouldn't affect the passage of this resolution. Mr. Tomaselli said the applicant wasn't playing by the rules with the current zoning, and if it's rezoned, he fears that the applicant will start to use the property as he believes it's been zoned to do, and a whole set of problems arise. Mr. Keller said the City has legal recourse if that happens. This resolution will be removed from the table and voted on tonight.
ORDINANCE NO. 2022-139 - Tabled
Roll Call 6 yes
1 no (Tomaselli) Motion carried 6 to 1
An ordinance amending the zone map of the City of Willoughby, Ohio, to reclassify
17.416 acres of certain real property located at O Pelton Road (PermanentParcel No. 27B0390000300) from Limited Industrial (L-I) to General Industrial (G-I).
This ordinance will be removed from the table and voted on tonight.
RESOLUTION NO. 2023-21 - Tabled AMENDED 3-7-2023
A resolution authorizing a temporary moratorium on the approval of any application for premises to be occupied by and used, in total or in part, for the sale and consumption on site of Kava, Kratom, Delta 8-THC, and/or Delta 9-THC; and further temporarily prohibiting any such similar use permit, license, variance or development plan approval for said facilities within the City of Willoughby for one year after the effective date of this resolution, and declaring an emergency.
Resolution No. 2023-21 and its temporary moratorium language as originally placed before Council, including its restrictions on Kava and related Exhibit B, is therefore passed and will go into effect in thirty (30) days.
The amended version did not pass.
The original version did pass.
Mr. Carr said a few members of the Council expressed concern about including the Kava in the legislation. He said the Mayor had called him last night and said after some consideration; he asked if removing Kava would be acceptable. Mr. Lucas said the amendment removes the Kava component and also Exhibit B, which addressed the side effects of Kava usage; everything else remains the same. Mr. Lucas said the moratorium is for a year, but Council could act upon it during the course of a year or perhaps update the zoning code.
Motion made and seconded to amend Resolution No. 2023-21 to remove Kava and Exhibit B.
Discussion: Mr. Merhar said when this resolution was first introduced, Council asked who would have more expertise on this subject. Council received reasonable explanations from both Chief Ungar and Chief Schultz on why they felt all of the products should be prohibited for at least a period of time untilCouncil does more research and determines if Council wants more of these products in the City. He said that based on some ad hoc communications, Council is now overruling it. He said he is not comfortable doing that and said he wanted to go on record stating that Council has asked for advice and is now ignoring it. Mr. Kary said he made that comment at the last meeting and is also uncomfortable taking Kava out of the legislation.
Roll Call 3 yes
4 no (Merhar, Tomaselli, Garry, Kary) Motion defeated 3 to 4
Motion made and seconded that the rules of Council requiring three separate readings be suspended and that Resolution No. 2023-21 be declared an emergency measure.
Roll Call 5 yes
2 no (Sievers, Carr) Motion carried 5 to 2
Motion made and seconded to adopt Resolution No. 2023-21.
Roll Call 4 yes
3 no (Sievers, Tomaselli, Carr) Motion defeated 4 to 3
(as emergency measure)
Council voted four (4) to three (3) to pass Resolution 2023-21. Without the required five (5) votes, the Resolution cannot become effective immediately as an emergency. However, because the Resolution did receive a majority four (4) to three (3) votes, it therefore passed and will become effective in thirty (30) days.
NEW BUSINESS
RESOLUTION NO. 2023-32
Roll Call 7 yes
0 no Motion carried 7 to 0
A resolution approving EAS #15-11-22 for the construction of an ice cream shop with drive-through located at 38720 Lakeshore Blvd. (JoJo's Ice Cream Shop).
This resolution was discussed during the Environmental Planning Committee meeting this evening.
RESOLUTION NO. 2023-33
Roll Call 7 yes
0 no Motion carried 7 to 0
A resolution authorizing the Mayor to enter into a Memorandum of Understanding between the Cities of Willoughby, Eastlake, and Willowick and declaring an emergency.
This resolution deals with the three cities and the resurfacing of Vine Street.
ORDINANCE NO. 2023-34
Roll Call 7 yes
0 no Motion carried 7 to 0
An ordinance amending Chapter 913 of the Codified Ordinances of the City of Willoughby, Ohio, titled "Sanitary Sewerage System Charges"; specifically, Section 913.10, titled "Surcharge for Extra-Strength Wastes".
Mr. Carr said this is an annual adjustment. Matt Turosky explained how the City determines the surcharge for extra-strength wastes. However, it was inaudible. Mayor Fiala said Mr. Turosky is doing an exceptional job and has amped up the testing. Mr. Palmisano said revenue had increased as well.
RESOLUTION NO. 2023-35
Roll Call 7 yes
0 no Motion carried 7 to 0
A resolution amending the meeting schedule of the Council of the City of Willoughby, Ohio, for the month of May, 2023.
Mr. Carr said this would accommodate not meeting on election day so Council can be out at the election polls.
RESOLUTION NO. 2023-36
Roll Call 7 yes
0 no Motion carried 7 to 0
A resolution authorizing an expenditure in the amount of $59,544.24 for the purchase of one (1) Kobota 3.5-ton Mini Excavator for use by the Cemetery Department fromMentor Mfg. through the State of Ohio Cooperative Purchasing Program and declaring an emergency.
Mr. Carr said he confirmed that this purchase is part of this year's capital. Mr. Palmisano said this piece of equipment is on the lot, and the City has the opportunity to purchase it. It was on his replacement budget for this year, and if the City doesn't purchase this one, another one won't be available until the middle of next year. Mayor Fiala said the City will be putting together a list of pre-capital approvals.
RESOLUTION NO. 2023-37
Roll Call 7 yes
0 no Motion carried 7 to 0
A resolution authorizing an expenditure in the amount of $102,953 for the purchase of one (1) Single Axle Freightliner Truck Chassis for the use by the Street Department from Valley Freightliner, Inc. through the State of Ohio Cooperative Purchasing Program and declaring an emergency.
Mr. Carr said this was part of last year's capital. Mr. Palmisano said Resolution No.2023- 37 and 2023-38 are tied together, chassis and the dump body. He said $200,000 was allocated last year, but prices have increased. He originally wanted to go with an experimental dump body, but because of the price, he is going back to the original dump body. Mr. Anderson asked if this included a plow. Mr. Palmisano said he has a plow already for this truck.
RESOLUTION NO. 2023-38
Roll Call 7 yes
0 no Motion carried 7 to 0
A resolution authorizing an expenditure in the amount of $103,597.56 for the purchase of a Patriot SDS Dump Body for use by the Street Department from Concord Road Equipment Mfg. through the State of Ohio Cooperative Purchasing Program and declaring an emergency.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala said the City would be applying for a state capital grant; he said the City would probably be applying with Willowick and Eastlake for the Vine Street Corridor for implementation dollars. He said the City would be applying for between $2 million and $3 million for federal grant money for Osborne Park. Ms.Sievers asked when the City would hear about the grant for Osborne Park. Mayor Fiala said it would probably be mid-summer, but the City wouldn't see the money until 2024. Mr. Tomaselli asked if this grant money is a new funding source for Osborne Park. Mayor Fiala said that is correct; he said if the City receives the $3 million, it should be enough to complete Phase I work, including the revetment and grading
DIRECTOR’S REPORTS
Service Director Palmisano - Mr. Palmisano thanked Council for the passage of Ordinance No. 2023-34 and Resolution Nos. 2023-36, 37, and 38. He said the snowplow shifts will remain on until the middle or end of the month. Mr. Tomaselli asked if a contract had been completed for a new animal control company. He said he would be completing the contract soon. He said four contractors were interviewed, and the one chosen is out of Chardon. The City will be reducing the capture to two animals per resident (it was previously five), and the residents will be responsible for anything above that. The new contractor will be charging $65.00 per animal.
COUNCIL REPORTS
No major reports
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
REMEMBER...
Wednesday, March 29th @ the Lake County Executive Airport (Lost Nation Airport), I will be hosting a SAFETY LEVY INFORMATION MEETING.
Guided by a commitment to public safety, City Council unanimously voted in January to place Issue 2, a continuous 2.5 mills continuous property tax levy, on the ballot. Residents will be able to vote on the levy in the May 2, 2023 election.
Issue 2 will cost $88 per $100,000 of appraised home value annually.
Issue 2 will be partially offset when the existing .5 mil fire levy expires in May of 2024
Issue 2 cannot be used for wages or benefits.
Willoughby’s first responders face a number of challenges as they strive to keep our families, our neighborhoods, and our city safe and secure:
A police headquarters facility that is unable to meet the changing demands of modern law enforcement because of its age, design and operating deficiencies.
The current headquarters has limited space for needed improvements to a growing dispatch center, new technologies, mandated jail requirements and law enforcement workflow.
A ladder truck that has been in service long beyond its normal life expectancy of 20 years.
The ongoing need to replace police and fire vehicles, equipment, and capital assets as they age.
After consulting with nationally respected police facilities experts and carefully considering all options, including renovating the existing station and building new, city leaders drafted a comprehensive, cost-effective safety services plan that includes:
Acquiring and converting the former Meister Media Building (37733 Euclid Ave) into a modern facility that has space for police training, a jail that complies with state mandates, and an expanded dispatch center with improved technology and equipment. Over the last 10 years, calls have increased 25% for each agency.
Acquiring a new ladder truck that will enhance the fire department’s ability to protect homes and businesses.
Creating a sustainable revenue stream that will enable the city to meet the future capital needs of our first responders.
The meeting runs from 7:00 pm till 8:00 pm. After the meeting, I will take questions from the residents of Ward 2.
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/