MEETING NOTES AUGUST 8, 2023
Willoughby City Council Meeting Summary
• August 8, 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/
AGENDA
REGULAR COUNCIL MEETING
August 8, 2023
APPROVAL OF MINUTES-
Regular Council Meeting of July 11, 2023
*SUNSHINE LAW TRAINING DESIGNEE -Alisa Novak
Sunshine Law Training Designee
Motion made and seconded to appoint Alisa Novak as the Sunshine Law Training Designee.
Roll Call 7 yes 0 no Motion carried 7 to 0
STANDING AND REGULAR COMMITTEE REPORTS
Parks & Recreation Committee, Ms. Sievers – Ms. Sievers requested a committee meeting for September 5th for approximately 30 minutes for the Smith Group to give an update on the Re-Imagined Osborne Park Project.
CORRESPONDENCE
No correspondence
PUBLIC PORTION
Kenneth Edgar, 4062 Erie Street, Willoughby – Mr. Edgar asked what the City is doing about the homeless in the City. Mayor Fiala stated he believes the individual Mr. Edgar is speaking of is a homeless woman. Mayor Fiala stated he visited the breakfast spots in downtown Willoughby; two of the establishments have asked the woman to not come in their establishment and she has honored that request. The other two establishments stated that she is a paying customer. Mayor Fiala stated that people have offered to take the women to social services but she has declined help. He stated that he realizes there is an issue but it’s an issue that needs to be addressed with humanity. The City has researched what laws can be written to address the issue of homelessness. The City cannot pass laws that deal with loitering or vagrancy; they are unconstitutional. There will be an upcoming work session with Council, the Planning Commission, the Zoning Board of Appeals and the Design Review Board where the issue of homelessness will be discussed and hopefully a solution can be found within the law.
Brian Mannello, 4031 Kirtland Road, Willoughby – Mr. Mannello stated that he has received numerous violations regarding his property over the last few years. He stated that he has connected his property with two other neighbors and has a total of 13 chickens. He stated the code allows for 6 chickens per property and he has three properties that are connected. He stated he is now facing charges in the Willoughby Municipal Court due to the chickens. He started a petition in his neighborhood supporting him. Law Director Lucas stated he will check with the prosecutor, Rick Perez, on Monday as to the basis of the prosecution. Mr. Tomaselli stated that Mr. Mannello is in his ward and he has received phone calls regarding the size of his chicken pen. He stated that Mr. Mannello has cooperated with the Building Department regarding those issues and the remaining issue is the number of chickens on his property.
John Siptry, Gardenside, Willoughby – Mr. Siptry stated there are no issues with the chickens; he feels it’s harassment.
Bruce Burry, 39045 Gardenside Drive, Willoughby – Mr. Burry expressed concern about a landscaping company located on Church Street that leaves gravel on the street; he has almost crashed his motorcycle due to the gravel several times. Regarding the chickens on Gardenside, he stated they really are loved.
State Senator Jerry Cirino – Mr. Cirino stated the state just passed a budget of
$86,000,000,000. He stated tax cuts account for $3,100,000,000; the state reduced the number of brackets for state income tax from 4 to 2. Anyone earning under $26,000 will pay no taxes. There will be a two and a half to three week tax holiday on anything under $500 in value (this will not affect taxes in local communities). He stated that about 90% of businesses are currently paying the Commercial Activity Tax, however, there will be a reduction. For the first year of the budget, if a business has $3 million in gross revenue, you are exempt from paying taxes or filing a return. For the second year, if your revenue is $6 million or below you are exempt from paying taxes or filing a return. If your gross revenue is over $6 million you still pay tax but it will be reduced by 20%. This is a huge relief for small to medium size businesses. Mr. Cirino stated a lot of money was put into education at all levels. There will be an increase in scholarships and grants for students going to state and community colleges. An increase of $2,000,000,000 was made for public school funding. Private schools benefited from the budget as well with an increase in scholarships. The Department of Education has also been restructured for better accountability. The budget also focused on housing by extending historic tax credits, etc. He stated Senate Bill 83 will address needed reform at the 14 public universities and 23 community colleges in the state; it will increase accountability at these institutions. Regarding rail safety, Mr. Cirino stated that $100,000,000 was allocated for rail safety and to bring accountability to the railroad tracks and rail cars. Mr. Cirino stated $750,000,000 has been allocated for special community projects; projects will be looked at in September with awarding of money sometime in January, 2024.
NEW BUSINESS
RESOLUTION NO. 2023-92 Motion carried 7 - 0
A resolution authorizing the Mayor to enter into a third amendment to the Purchase Agreement between the City of Willoughby and Liberty Development Company.
Mr. Carr said Economic Development Director talked about this resolution earlier this evening at the Economic Development Committee meeting; this resolution extends the purchase agreement. Mr. Tomaselli asked if the agreement can be continually renewed. Law Director Lucas stated the agreement is being renewed with the express consent of Council. Mr. Tomaselli stated he was wondering if the agreement could be renewed five times and Council has approved it three times.
RESOLUTION NO. 2023-93 Motion carried 7 - 0
A resolution authorizing the Mayor to enter into a contract with T.C. Construction Co., Inc. in the amount of $292,950 for implementation of the Concrete Pavement Slab Replacement Project.
Mr. Lannon said the streets under this contract include Strumbly Place, Reeves Road, Gale Road, Bethaney Court, Abbotts Mill Road, and Oakridge Drive. This work is for slab replacement. Mr. Carr asked how the bids came in compared to the estimate. Mr. Lannon said they targeted a higher number so the bids came in over the estimate of $350,000.
RESOLUTION NO. 2023-94 Motion carried 7 - 0
A resolution authorizing the Mayor to enter into a contract with J.D. Striping & Services, Inc. in the amount of $115,636 for the 2023 Pavement Marking Project.
Service Director Palmisano stated this is the same contractor as last year; there was only one bidder. He stated that the City crews have done the striping in the downtown area, side streets and City parking lots. Regarding edge lines, Mr. Carr stated that roads that have curbs delineate the side of roads and roads with no curbs do have edge lines. Mr. Tomaselli noted that Rt. 306 has curbs and edge lines which makes the road seem smaller; he feels traffic moves slower because of this.
RESOLUTION NO. 2023-95 Motion carried 7 - 0
A resolution authorizing the Mayor to enter in a contract with Master Renovations, Inc. in the amount of $169,900.00 for the Willoughby Fire Department Station No. 1 and Station No. 2 Roof Replacement Project.
Mr. Palmisano stated five companies bid on this project and Master Renovations was the lowest bid; a little less than what he was anticipating. This project will be paid for out of Capital.
ORDINANCE NO. 2023-96 Motion carried 7 - 0
An ordinance accepting the Final Plat, for the Enclave at Literary Pointe.
Mr. Lucas stated that this Ordinance as well as Ordinance No. 2023-97 and 2023-98 deal with the final plat signing for various developments involving George Davis. There have been some revisions with reference to the financial guarantees. As a result, the plats have been approved by the City Engineer but they have been held up due to the financial guarantees. The plats will be signed but not recorded until he confirms all requirements are complied with.
ORDINANCE NO. 2023-97 Motion carried 7 - 0
An ordinance accepting the Final Plat for the Townhomes at Literary Pointe Phase 1.
ORDINANCE NO. 2023-98 Motion carried 7 - 0
An ordinance accepting the Final Plat for the Townhomes at Literary Pointe Phase 2.
There was discussion regarding the filing of the plats. Regarding the project under construction, Mayor Fiala stated that everything including the ownership of the property is done and could be filed. He stated that there are land issues associated with the project; there are materials being removed. Pro Built can’t take title due to the environmental issues. The plat can be approved but can’t be filed until there is evidence the property has transferred.
RESOLUTION NO. 2023-99 Motion carried 7 - 0
A resolution expressing an intent to sell unneeded, obsolete, or unfit property by internet auction and establishing a procedure for conducting the sale.
Mr. Lucas stated that this resolution is passed every year, which the City is required to do to allow for the internet auction.
ORDINANCE NO. 2023-100 Motion carried 7 - 0
An ordinance authorizing the transfer of 0.12 acres of City-Owned Real Property located on the Willoughby-Eastlake Water Pollution Control Center and further identified as a portion of Permanent Parcel No. 34B020000010 to Yvonne Kirby without public bidding.
Mr. Lannon stated that Council recently approved a Memorandum of Understanding between the City of Eastlake and Yvonne Kirby where the City is transferring 0.12 acres outside the east fence line in exchange for a few easements for the construction of a new water line across private property. The City is also paying $5,000 cash for providing the legal documents.
ORDINANCE NO. 2023-101 Motion carried 7 - 0
An ordinance levying assessments for the improvement of all streets within the City of Willoughby, Ohio by supplying said streets with electric street lighting.
Ms. Hoffman stated this is a requirement from the county for street lighting assessments.
RESOLUTION NO. 2023-102 Motion carried 7 - 0
A resolution amending Resolution No. 2023-44 to provide for current expenses and other expenditures for the City of Willoughby, Ohio, during the period ending December 31, 2023.
Ms. Hoffman stated this amendment is due to the bond; tomorrow the money will be coming in and the following day the capital note money will be paid. This also includes expenses for engineering.
ADDENDUM
RESOLUTION NO. 2023-103 Motion carried 7 - 0
A resolution authorizing the Mayor to enter into an eight (8) year lease purchase agreement with Leasing 2, Inc. for one (1) 2025 E-One HR 100 Single Axel Aerial Truck for use by the Willoughby Fire Department.
Mr. Lucas stated this resolution will approve the financing agreement for the ladder truck as the purchase agreement was previously approved. He said the closing date on the agreement is August 20th and will be similar to when you purchase a car through a loan. The first payment on the ladder truck will be in December, 2025
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala stated he would like to get together with Council and members of Boards and Commissions in September to discuss housekeeping items for the building and zoning codes. He wants to invite the Willoughby Stingers, who won the Suburban League Championship to a September Council meeting to honor them.
DIRECTOR’S REPORTS
Service Director Palmisano – Mr. Palmisano thanked Council for the passage of Resolution Nos. 2023-94 and 2023-95.
Fire Chief Ungar – Chief Ungar stated that during a Lake County Fire Chief’s Association meeting, the medical director, Dr. Carter, acknowledged that in July the department responded to three cardiac arrests and brought all three back. He stated the patrol officers from our department were at two out of the three incidents first; both were given commendations for their actions. Chief Ungar stated that all the patrol cars carry AED’s.
Police Chief Schultz – Chief Schultz stated National Night Out took place last Tuesday at Osborne Park. This year dispatchers, members of the SWAT team, bike patrol, canine units and members of the Northeast Ohio Task Force were in attendance. He stated the event was well attended and he wanted to thank all residents who came out.
Parks & Recreation Director Keller – Ms. Banker reported that the Euclid Avenue pool is closed and Osborne Park pool closes on Sunday but will be open on weekends through Labor Day. The Last Stop Willoughby Parade is this Saturday.
Finance Director Hoffman – Ms. Hoffman thanked Council for the passage of Ordinance No. 2023-101 and Resolution No. 2023-102.
COUNCIL REPORTS
Ms. Sievers – Reported she had a ward meeting in July. She thanked Chief Schultz for the mobile radar unit placed in her ward and for the assistance of the Building Department.
Executive Session - The purpose of the Executive Session is in accordance with ORC 121.22{G)3 to discuss pending and imminent litigation.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
Here is a list of initiatives that the City is working on.
• OSBORNE PARK (funding initiatives)
• CHAGRIN RIVER TRAIL (property acquisition and funding initiatives)
• NEW POLICE STATION (redesign and update of the Meister Publishing Bldg.)
• SOM Center Sidewalk (funding initiatives)
• Lost Nation Golf Course (security cameras)
• Council, Boards, Commissions - review code updates and initiatives
A very busy Fall 2023
For those who have asked, my name will be on the November Ballot for re-election to Willoughby City Council, Ward 2. Two-year term.
This will be my fourth term on Council.
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/