MEETING NOTES FEBRUARY 21, 2023
Willoughby City Council Meeting Summary
• February 21, 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:
SERVICE COMMITTEE MEETING:Committee: Dan Anderson, Dan Garry, John Tomaselli
Discussion of City Storm-water Projects
City Engineer Tim Lannon will provide background and a status report on the City Wide Stormwater Management Study.
A power-point presentation was presented by Tim Lannon, City Engineer.
AGENDA
REGULAR COUNCIL MEETING
February 21, 2023
ABSENT: COUNCILMAN DAN GARRY
APPROVAL OF MINUTES-
Regular Council Meeting of February 7, 2023
STANDING AND REGULAR COMMITTEE REPORTS
No major reports
CORRESPONDENCE
No correspondence
PUBLIC PORTION
Steve Karchefsky, 39107 Johnnycake Ridge Road, Willoughby-Mr. Karchefsky said there had been an increase in pedestrian traffic on Johnnycake Ridge Road due to newer developments, and there will be more with forthcoming developments. He said there are some hazardous curves west of Kirtland Road. He asked if it was possible to install sidewalks on Johnnycake Ridge from Ridgewood Greens to Kirtland Road or to the St. John Bluffs Development.
UNFINISHED BUSINESS:
RESOLUTION NO. 2022-138 - Tabled
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).
Mr. Carr said a memo was sent to the applicant by Law Director Lucas. He asked what the status was with regard to Resolution No. 2022-138 and Ordinance No. 2022-139. Mr. Lucas said he talked to Mr. Jeff Ruple and he is planning on attending the meeting tonight. Mr. Lucas said he informed Mr. Jeff Ruple that one of the areas of frustration for Council is that there has been no contact with the City and there is grading taking place on the site.
Mr. Keller said according to Lake County Soil & Water there are still some openviolations. Mr. Jeff Ruple said the report conducted by HZW Environmental wascompleted and sent to Mr. Lucas. He said they are in queue for the Army Corps of Engineers but cannot control when they will be coming to the site. He said the report from HZW Environmental states that nothing else can be done until the Army Corps of Engineers comes out. Mr. Kary asked Mr. Keller what is being done on the site that shouldn't be done. Mr. Keller said there is earth moving taking place on the site with nodevelopment plan and no permit to move earth. Mr. Carr suggested keeping the legislation tabled at least until the next meeting or until later in the spring. He said the City needs to hear from Mr. Keller at the next meeting that either the work has stopped or the proper permits have been pulled. Council agreed to keep Resolution No. 2022-138 and Ordinance No. 2022-139 tabled until spring. Mr. Keller said he read thedelineation report (from HZW Environmental) and there are two to three places in the delineation report that state things seems to be OK so long as no work continues on thesite. This was written in February and since February, work has continued on the site. Hesaid it's in the best interest of the City to wait until the full delineation is done by the ArmyCorps of Engineers in the spring. Mr. Keller noted that the City is most concerned about an area where trees were removed and clearing was done without any permits orgrading and without a wetland's delineation. This resolution will remain tabled.
Will remain tabled
ORDINANCE NO. 2022-139 - Tabled
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 (Permanent Parcel No. 27B0390000300) from Limited Industrial (L-I) to General Industrial (G-I).
Will remain tabled
RESOLUTION NO. 2023-15
Resolution Untabled
Roll Call 5 yes 1 no (Merhar) Motion carried 5 to 1
A resolution approving EAS #4-3-22 for remodeling of the existing building located at 38000 Euclid Avenue (Dollar Tree).
Mr. Kary asked Chief Ungar for an update from the last meeting. Chief Ungar said that Mr. Sims presented documentation about the mitigation of the underground storage tanks from decades ago. The Fire Department verified through the State Fire Marshall's Office and the Bureau of Underground Storage Regulations to ensure everything was done correctly. Chief Ungar said it was mitigated correctly. It was noted that everything, as it sits right now, has been mitigated properly. However, any disturbance of the ground or soil may cause undercovering something that could create a new issue. This resolution will be removed from the table and voted on tonight. Mr. Anderson asked about the landscaping and new lighting for the parking lot. Mr. Kary said there would be new landscaping; he's not sure that's technically breaking the ground. He would be concerned if there was a new toilet being installed there. The lights will stay as is; they will be readjusted and turned down, so they are not facing Euclid Avenue. There would be a concern if the parking lot were repaved.
RESOLUTION NO. 2023-21 - Tabled
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 onsite 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.
Mr. Carr said Chief Schultz sent out information this afternoon. Mr. Carr said he took time to do some research and thought that Kratom, Delta 8-THC and Delta 9-THC sounded like bad products but struggled with Kava being lumped in there as the same. He felt perhaps the City should do a permanent ban on the Kratom, Delta 8-THC and Delta 9- THC. Mayor Fiala said he was concerned about stores that sell these products within the historic district; he does not support Kava being sold downtown. He is happyto carve out downtown as a specific zone and permanently ban Kratom, Delta 8-THC and Delta 9- THC. Chief Schultz said he would be in support of doing that. Chief Schultz said he is looking for the benefit of having these products in the City. There aretoo many unknowns with these products; the City saw the effects of the unknowns withbath salts and spice a few years ago. He said it was a huge burden on the safetyservices and hospitals. He said there are different opinions of the products, with Kava being the least negative opinions, however, it does affect motor skills and decision-making skills when it comes to driving. There are laws against driving intoxicated that can be tested, but the Police Department cannot test for Kava levels. Mr. Kary saidexperts can be brought in but he is diverting to the experts of the safety forces as he'snot an expert. Mr. Tomaselli said there are regulations on products in the stores who arepart of a national franchise; the use of the word non-regulated sounds like moonshine isbeing sold. Mayor Fiala said there is no recognized authority that has addressed any of these products for use, but there is evidence these products are harmful. Mr. Tomaselli said he doesn't see the federal government doing a study to prove the benefits of these products; the people who use the products have a benefit to it. He said he understands there are bad consequences to the products, but the City has to take into consideration there are people who take these products for various reasons. He wants to be carefulabout the message Council delivers about products that Council doesn't know muchabout. Mayor Fiala said the moratorium will give the City time to do an investigation before more stores pop up. Mr. Kary asked about having experts speak to Council to get educated on the products. Mr. Tomaselli said he wants to make sure the City isdoing the right thing for the right reasons.
Will remain tabled
NEW BUSINESS:
RESOLUTION NO. 2023-22 Motion carried 6 to 0
A resolution authorizing the Mayor to agree to accept a Northeast Ohio Public Energy Council (NOPEC) 2023 Energized Community Grant for $64,746.00.
This is the fourth year we have been fortunate enough to receive this grant. It has been utilized in the past for energy-related projects such as HVAC replacement and LED light conversions. The use of this year's funding will be determined by the Service Director.
Mr. Carr asked if the dollar amount was the same as in previous years. Ms. Hoffman said it's usually about the same dollar amount; the City has to get pre-approval for the project, and it's usually for energy-efficient projects. Mr. Palmisano said he'd like to use the money this year to install an AV charging station; he's debating the location. The remaining funds will go to LED lighting.
RESOLUTION NO. 2023-23 Motion carried 6 to 0
A resolution authorizing the Director of Parks and Recreation to prepare specifications and to advertise for bids for the operation of the concession stand at the Osborne ParkPool for 2023, 2024, and 2025 seasons.
According to Judean Keller, the Euclid Avenue concession stand will be run with City staff.The previous vendor used at Osborne is no longer doing that type of work.
RESOLUTION NO. 2023-24 Motion carried 6 to 0
A resolution authorizing an expenditure of $130,935 for the purchase of three (3) 2023 Chevrolet Tahoe PPVS from Ganley Chevrolet of Aurora for use by the WilloughbyPolice Department.
A memo was sent out by Chief Schultz regarding this resolution stating these vehicles are hard to find. One of the vehicles is a replacement vehicle for a vehicle that was hit on Rt. 2. The other two vehicles are being purchased using 2023 capital money.
RESOLUTION NO. 2023-25 Motion carried 6 to 0
A resolution authorizing the Mayor to accept the proposal by CT Consultants, Inc. for engineering design, engineering construction, and USPA Grants Administration for the Lakeshore Boulevard East Equalization Basin Project.
CT Consultants was the only engineering company to submit their qualifications.
A memo was sent out by Service Director Palmisano regarding this resolution and the next two. A piece of property was purchased last year in Eastlake for this project.
RESOLUTION NO. 2023-26 Motion carried 6 to 0
A resolution authorizing CT Consultants, Inc. to prepare plans and specifications and to advertise for bids for the Lakeshore Boulevard East Equalization Basin Project.
Mr. Carr said this resolution authorizes CT Consultants to go to bid for the project.
RESOLUTION NO. 2023-27 Motion carried 6 to 0
A resolution authorizing an expenditure in an amount not to exceed $448,000 for engineering services for the Lakeshore Boulevard East Equalization Basin Project.
Mr. Carr said this covers the funding for the project. Mr. Palmisano said this amount ($448,000) was the amount that was quoted in 2021, so that amount may change in the future.
RESOLUTION NO. 2023-28 Motion carried 6 to 0
A resolution authorizing the Mayor to enter into an agreement with Direct Energy Business, LLC for the purchase of electricity for the City of Willoughby's Street Lighting for a period of thirty-six (36) months, effective with the May 2023 meter read date.
RESOLUTION NO. 2023-29 Motion carried 6 to 0
A resolution authorizing the Mayor to enter into an agreement with Direct Energy Business, LLC for the purchase of electricity for the Willoughby-Eastlake Water Pollution Control Center for a period of thirty-six (36) months effective with the June 2023 meter read date.
Mr. Carr said this rate was a little higher at 5.6 cents versus the 4.6 cents for the street lighting.
RESOLUTION NO. 2023-30 Motion carried 6 to 0
A resolution authorizing the Mayor to enter into an agreement with Brightly Software Inc. to provide Asset Management Software for three years for use by the Service Department.
Biagio DiCioccio spoke regarding this resolution; however, it was inaudible. This software is being used in the Service Department, and there is a possibility of using it in the Building Department. Mayor Fiala said the software would be able to be used for inventory control, such as buildings and vehicles.
This is an agreement with Brightly software which was formerly Dude Solutions. This is an asset management system that will be utilized in multiple areas of our Service department, including Service Administration, Buildings & Grounds, Sewer, WPCC, Streets, Traffic, and Parks.
RESOLUTION NO. 2023-31 Motion carried 6 to 0
A resolution authorizing the Service Director to solicit Statements of Qualifications for engineering services for the River Street Soil Stabilization Project and declaring an emergency. Resolution 2023-31 is a request for Statements of Qualifications for engineering services for the River Street Stabilization Project. This is the project that received the grant from FEMA, and this is a requirement from FEMA despite CT submitting the specifications and applications for the grant.
Mr. Palmisano said CT Consultants secured the grant through the Federal Emergency Management Agency (FEMA). The City will go out to bid, but the City is still anticipating that CT Consultants will handle the project.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala thanked Chief Ungar and the Fire Department for the exceptional work they did under extremely challenging conditions this past Friday. He said the City should know within the next 30 days if the City has been awarded a National Oceanic and Atmospheric Administration (NOAA) grant for $1.7 million to acquire the Andrews-Osborne property. Mr. Carr asked Chief Ungar about the Federal Emergency Management Agency(FEMA) grant for the ladder truck. Chief Ungar said they are still awarding grants at this point.
DIRECTOR’S REPORTS
Chief Ungar gave a presentation regarding the recent fire at 38501 Mentor Avenue that took place on February 17th. After the presentation, he noted Marcus Brothers provided excavators in order to help extinguish the fire; he said the fire was out by 3:00 p.m.
Police Chief Schultz - Chief Schultz thanked Council for Resolution No. 2023-24. He said Chief Ungar and his team did an outstanding job at the fire last Friday, noting there were no injuries to residents or safety forces. He said last week was the annual Lake County Blue Coats dinner where Patrol Officer Jackson Hyams was awarded the Jorge Medina Distinguished Service Award for his actions in which he saved the life of a man who was attempting to take his life as well as his heroic efforts in trying to save a man who was trapped in a burning vehicle.
Parks & Recreation Director Keller - Ms. Keller said she received an e-mail today advising her the City is advancing in a Coastal Management Assistance Grant for Phase II at Osborne Park; the grant is for $75,000 and is a50/50 match. This money will be used for the planning and design of the uplands if the grant is awarded. Mr.Tomaselli asked how the hiring for the pools was going. She said so far, she has about 32 applications at this time compared to 14 last year.
COUNCIL REPORTS
Mr. Kary - Mr. Kary said his ward meeting will take place at the former Lost Nation airport, which is now the Lake County Executive Airport in the Classic Jet Hanger. March 29, 2023, 7:00 pm
ADJOURNMENT
THANK YOU FOR TAKING THE TIME TO READ THIS SUMMARY
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