Regular Council Meeting Minutes from June 13, 2017

EASTLAKE CITY COUNCIL

REGULAR COUNCIL MEETING MINUTES

JUNE 13, 2017

The Regular Meeting of the Eastlake City Council was held at Eastlake City Hall, 35150 Lakeshore Boulevard. The Meeting was called to order by Council President Ms. DePledge at approximately 7:15 p.m.  

The Pledge of Allegiance was recited.

ATTENDEES

Members of Council in attendance were Mr. Zuren, Mr. Meyers, Mr. Kasunick, Mr. Spotton, Mr. Evers, Mr. Hoefle and Council President Ms. DePledge. Also in attendance was Council Clerk Mrs. Simons.

Those attending from the Administration were Mayor Morley, Fire Chief Whittington, Police Chief Reik, City Engineer Gwydir, Finance Director Schindel and Law Director Klammer. CBO Menn and Service Director Rubertino were absent and excused.

Ms. DePledge: If anyone is recording this meeting, as courtesy to the public, will you please identify yourself so that the fellow attendees know they are being recorded.

APPROVAL OF MINUTES

Regular Council Meeting –May 9, 2017.

MOTION: Mr. Evers moved to approve the minutes from May 9, 2017. Mr. Zuren second.

Motion carried. Minutes are approved.

Regular Council Meeting – May 23, 2017

Ms. DePledge: They are still be worked on and they will be approved at the next Regular Council Meeting  

COUNCIL PRESIDENT’S REPORT – President Ms. DePledge

Meetings Scheduled

Ms. DePledge: The next Council-as-a-Whole Committee Meeting is scheduled for Tuesday, May 23, 2017 at 7:00 p.m. The Regular Council meeting will be convened immediately following the adjournment of the Council-as-a-Whole Committee meeting.

There were no questions for Council President DePledge.

COMMUNICATIONS & PETITIONS

A communication from CBO Menn for vacating the property on East Island Drive and Forest Drive, Eastlake, OH.

Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.

A communication from Finance Director Schindel to enter into an agreement and to expend funds from the Competitive Community Development Block Grant Program.  

Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.

A communication from the Administration regarding the Requalification of Urban County Status Request for Lake County.

Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.

A communication from The Walter Drane Company regarding the November 2016 Codified Ordinances replacement pages.

Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.

A communication from Finance Director Schindel to reappropriate for the expenses for the period beginning January 1, 2017 and ending December 31, 2017.

Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.

COMMITTEE REPORTS

Ms. DePledge: There was an Ordinance Committee Meeting that was held on June 6, 2017. Mr. Hoefle do you have a report for us tonight?

Ordinance Committee Report – Mr. Hoefle – Chair

Mr. Hoefle: Thank you Madam President and welcome residents. The Ordinance Committee did meet on Tuesday, June 6. All Members of the Committee and Council were present. As well we had members from the Administration. We had one item on the agenda and it was Chapter 770 “Medical Marijuana Cultivation and Processing” Ordinance. Our Law Director reviewed the draft ordinance and he did some cleanup work and worked with Mrs. Simons. We just had some minor details that we had to clean up within the ordinance and it was moved forward. It was a pretty quick meeting and everything was moved forward from the Committee and it is on this evening agenda. With that I am open for questions.

There were no questions for Mr. Hoefle.

MOTION

MOTION: Mr. Kasunick move to add Legislation No. 06-13-(02) to this evening’s agenda an Ordinance vacating a portion of land in the City of Eastlake, Ohio Right-of-Way adjacent to a portion of East Island Dive and Forest Drive, Permanent Parcel Number 34B023F000190 Eastlake, Ohio. Mr. Spotton second.

ROLL CALL: Yeas unanimous.

Motion carried Legislation No. 06-13-(02) is added to this evening’s agenda.

MOTION: Mr. Evers moved to add Legislation No. 06-13-(03) to this evening’s agenda a Resolution authorizing the Mayor and Director of Finance to enter into an Agreement to receive and to expend funds from the Competitive Community Development Block Grant Program (CDBG), for the amount of Two Hundred Thousand Dollars ($200,000) for the term of October 1, 2016 through September 30, 2017. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

Motion carried Legislation No. 06-13-(03) is added to this evening’s agenda.

MOTION: Mr. Zuren moved to add Legislation No. 06-13-(04) to this evening’s agenda an Ordinance authorizing the Mayor of the City of Eastlake to Reaffirm Commitment with the Lake County Board of Commissioners to Participate in the Urban Entitlement Community Development Block Grant (CDBG) Program and for the utilization of funds made available by the Housing and Community Development Act of 1974 as amended. Mr. Evers second

ROLL CALL: Yeas unanimous.

Motion carried Legislation No. 06-13-(04) is added to this evening’s agenda.

MOTION: Mr. Meyers moved to add Legislation No. 06-13-(05) to this evening’s agenda an Ordinance to revise the Codified Ordinances by adopting current replacement pages. Mr. Spotton second.

ROLL CALL: Yeas unanimous.

Motion carried Legislation No. 06-13-(05) is added to this evening’s agenda.

MOTION: Mr. Evers moved to add Legislation No. 06-13-(06) to this evening’s agenda an Ordinance to reappropriate for the expenses of the City of Eastlake, State of Ohio, for the period beginning January 1, 20­­17 and ending December 31, 2017. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

Motion carried Legislation No. 06-13-(06) is added to this evening’s agenda.

MOTION: Mr. Spotton moved to approve, in accordance with Article V, Section 5 of the Charter of the City of Eastlake the suspension of the last meeting in July, 2017 and the first meeting in August, 2017 for the summer break. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

Motion carried.

RECOGNITION OF THE PUBLIC

Ms. DePledge recognized the public input at this time; she reminded the speakers that there is a 3-minute limit for their comments; all comments are to be directed to the Chair and not include any personalities or individuals.    

There was no one who wished to speak.

LEGISLATION PROPOSED - First number will be 2017-053

06-23-(01)                               ORDINANCE NO.:___________

Requested by: Administration

Sponsored by: Ordinance Committee

An Ordinance enacting Chapter 770 “Medical Marijuana Cultivation and Processing Licensure,” of the Codified Ordinances of the City of Eastlake, and declaring an emergency.

MOTION: Mr. Hoefle moved to suspend the rules requiring separate readings and reading in full. Mr. Spotton second.

ROLL CALL: Yeas unanimous.

MOTION: Mr. Hoefle moved to adopt. Mr. Spotton second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2017-053.

06-13-(02)                               ORDINANCE NO.: ______________

Requested by: Administration

Sponsored by: Council

An Ordinance vacating a portion of land in the City of Eastlake, Ohio Right-of-Way adjacent to a portion of East Island Dive and Forest Drive, Permanent Parcel Number 34B023F000190 Eastlake, Ohio, and declaring an emergency.

MOTION: Mr. Kasunick moved to suspend the rules requiring separate readings and reading in full. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

MOTION: Mr. Kasunick moved to adopt. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2017-054.

06-13-(03)                               RESOLUTION NO.: ___________                                                                               

Requested by: Administration

Sponsored by: Council

A Resolution authorizing the Mayor and Director of Finance to enter into an Agreement to receive and to expend funds from the Competitive Community Development Block Grant Program (CDBG), for the amount of Two Hundred Thousand Dollars ($200,000) for the term of October 1, 2016 through September 30, 2017, and declaring an emergency.

MOTION: Mr. Evers moved to suspend the rules requiring separate readings and reading in full. Mr. Meyers second.

ROLL CALL: Yeas unanimous.

MOTION: Mr. Evers moved to adopt. Mr. Meyers second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2017-055.

06-13-(04)                               ORDINANCE NO.: ________

Requested by:   Administration

Sponsored by:   Council

An Ordinance authorizing the Mayor of the City of Eastlake to Reaffirm Commitment with the Lake County Board of Commissioners to Participate in the Urban Entitlement Community Development Block Grant (CDBG) Program and for the utilization of funds made available by the Housing and Community Development Act of 1974 as amended, and declaring an emergency.

MOTION: Mr. Zuren moved to suspend the rules requiring separate readings and reading in full. Mr. Spotton second.

ROLL CALL: Yeas unanimous.

MOTION: Mr. Zuren moved to adopt. Mr. Spotton second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2017-056.

06-13-(05)                               ORDINANCE NO.: ________

Requested by:   Clerk of Council

Sponsored by:   Council

An Ordinance to revise the Codified Ordinances by adopting current replacement pages, and declaring and emergency.

MOTION: Mr. Meyers moved to suspend the rules requiring separate readings and reading in full. Mr. Spotton second.

ROLL CALL: Yeas unanimous.

MOTION: Mr. Meyers moved to adopt. Mr. Spotton second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2017-057.

06-13-(06)                               Ordinance No.:________

Requested by: Finance Director Schindel

Sponsored by: Finance Committee

An Ordinance to reappropriate for the expenses of the City of Eastlake, State of Ohio, for the period beginning January 1, 20­­17 and ending December 31, 2017, and declaring an emergency.

MOTION: Mr. Evers moved to suspend the rules requiring separate readings and reading in full. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

MOTION: Mr. Evers moved to adopt. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2017-058.

LEGISLATION PENDING:

There was no Legislation Pending.

UNFINISHED BUSINESS  

There was no Unfinished Business.

NEW BUSINESS

There was no New Business.

ADMINISTRATIVE REPORTS:

MAYOR/SAFETY DIRECTOR – Dennis Morley

Mayor Morley: Thank you Madam President and welcome everyone to this evenings meeting. Talking to the CBO Menn…Circle K should be going to Planning in the next few weeks. It is for the Circle K that will be going on East 357th and Vine Street. It will be both a gas station and a store. With the vacating of the property on East Island Drive and Forest Drive…for Council and the audience to understand that is part of what they are doing to possibly build a development off of Lakeshore Blvd. It will be about sixteen (16) homes and possibly a restaurant off of the old Sema property. They are continuing to look at and this is the first step and they are also getting ready to hand some plans in. We continue to meet on the old Wal-Mart and I had a discussion with both of Wal-Marts political affairs last week and Brixmor; which are the ones who run the Vineyards. To try and get the business that wants to go into Wal-Mart that is there. They are also looking at where the old Good Cents was…a few businesses are possibly going in there. They just can’t put out the names yet for that building. July 2nd is Eastlake Day at the Captains Stadium and you can buy tickets at the stadium for two dollars ($2.00) a piece for that day. The Fourth of July Fireworks will be at Classic Park with our City along with Willowick and Wickliffe. We are splitting the cost where each one of the Mayor’s goes out to get Three Thousand Dollars ($3,000.00) in donations. Right now I am at about Two Thousand Five Hundred Dollars ($2,500.00) and I think that the other Mayor’s are at the too. Then the Captains pay the other half of that. We are also looking for two Civil Service appointments. One is to replace Mr. Henderson who passed away and Mr. Matheke has said that he would no longer be on it after the end of the year. The Block Grant that was passed tonight was old money from last year that was left over.   The Two Hundred Thousand Dollars ($200,000.00)…I will be at the Commissioners Meeting on Thursday and that will be the final vote. HUD has already agreed to release the funds. Today we had a Board Meeting for Miracle League and we will probably be starting the ground breaking. The ground breaking will be sometime after the first of July after we announce the One Hundred and Seventy-Five Thousand Dollar ($175,000.00) donor. The playground will go in first. We have the money for the equipment and the surface. Right now we’re at about Three Hundred and Eighty Thousand Dollars ($380,000.00) short for the rest of it. We have a few meetings next week. I have a meeting Monday night with a possible donor. Today we handed in our application with the Cleveland Foundation for One Hundred and Twenty Thousand Dollars ($120,000.00) and that is moving along. The Miracle League is all donation money it is not money from the city. I know that our police and fire have had a tough couple of weeks and I didn’t say it in the first meeting, but I am privileged to have these two Chief’s. They always make the city look good and they make me look good and I appreciate everything that they do. We had help from some of the surrounding cities…Willowick, Wickliffe, and Willoughby on one incident. The Fire Department has had a couple of incidents since then. We had the boating accident. I want everyone to understand what we have here…there are the two top notch and I put them up against anyone in Lake County. That concludes my report and I am open for questions.     

There were no further questions of Mayor Morley.

FIRE CHIEF – Ted Whittington

Chief Whittington: Thank you Madam President. The only thing that I will add is that I appreciate you guys doing these things for the members of our departments. He is not here but Ted Kroczak is an unbelievable person. His assignments are not the sexy part of the police business. He gets to deal with the bad, bad stuff and he puts himself in harm’s way over his career. He is an unbelievable person. I know that he’s not here but I wanted to say something while he was here but…he can’t talk about what he does. He is one of those guys where is job and what he does and the discharge of his duties is not something that Chief Reik or he can sit down and tell you exactly what he does, because it involves investigation and litigation and that type of thing. He is a top notch guy. Not only does he do it for the Police Department but he always has our backs too. When he was in patrol…when we would have those guys coming to calls to help us. There were a couple of time where Mr. Kroczak bailed us out and he has bailed me out a couple of times when things have gotten hairy. I just know that when Chief Reik puts together what he actually does I know that he has to leave a ton of stuff out of really what Mr. Kroczak is about. I just wanted to add onto that. Like the Mayor said it has been a tough couple of weeks. Some of the calls that we’ve had have been publicized and you’ve read it in the paper. I know that some of it is in his hands and there has been some investigation that is still outstanding so I’m not sure if I can comment on to many of those. The one that we have that I can probably mention is that we did have the fatal boat accident off of the shore. As far as performance wise the Police and Firemen get there and we have people in the water that need rescued. There is no delay in getting that done and is a tribute to our departments. Those are the guys that were doing it. Unless you guys have specific questions about calls that maybe you have read about or heard I probably don’t want to cross the line and I will let Chief Reik fill in the blanks if there is anything else we can talk about. Other than that I am open for questions.

There were no further questions of Chief Whittington.

POLICE CHIEF – Larry Reik

Chief Reik: I appreciate using the facility and I think that it is important to offer some recognition and to let people who are normally working during the day…it means a lot. The sexy part of the police work is not being a fireman that is the good part that we have going. Everything that Chief Whittington said about Mr. Kroczak is true. Obviously he is well admired and respected and I know that Ms. DePledge and Mr. Klammer have known him for many years. He will be one of those guys…I am trying to keep him for the entire…I think that he has another five years to go or that he can go. I am trying to keep him that long because he is that valued and that calming influence…whether it’s a union thing or a critical call he is methodical and by the book and really a big credit. I am looking forward to Mr. Hyla and what he is going to develop into and Mr. Eden has also done a great job. As far as our last week it has been a busy seven days. We had the aggravated robbery that happened after Willoughby had a robbery. Unfortunately two out of the three were apprehended at the time and the third one I am sure over the course of time will be swept up also. They did have fire arms and extended magazines. These are not just give me your money because I have a gun. These were people who came out from Cleveland, whether gang related or otherwise. Unfortunately it is hitting all of the cities and I am glad that it worked out the way that it did. We had one vehicle that got a little bit damaged. But everyone and the suspects included had no injuries or anything and that is the biggest part. We also had a shooting on Saturday morning and that is still under investigation. From the outside it is one of those things that I think a lot of the community doesn’t understand. You could be a Police Officer in Cleveland for twenty-five (25) years and take a lot of reports. Where these guys are segwaying from reporting officer, to investigator, to SIU, to gathering evidence and they all do a really nice job with that. On Saturday morning unfortunately I was out of town so I go a lot of the chapter and adversity via text message, but Lt. Gonzalez has always done a nice job while I was gone. He made sure that everything ran smoothly. Again we always appreciate the opportunity and if there are any specific questions feel free to contact me.    

There were no further questions of Chief Reik.

CHIEF BUILDING OFFICIAL – David Menn

Mr. Menn was absent and excused.

There were no further questions of Mr. Menn.

SERVICE DIRECTOR – Nick Rubertino

Mr. Rubertino was absent and excused.  

There were no questions of Mr. Rubertino.

CITY ENGINEER – Tom Gwydir

Mr. Gwydir: Thank you Madam President, Members of Council, and Mayor. Just one thing on Lakeshore Blvd. they are going to be moving into Phase 2 grinding from the Marathon all the way around to the Willoughby border. That should start sometime later this week or next week. They will do the same thing on that section that they have done here in front of City Hall. Sometime in later in July or early August they will be doing the finished courses. With that I am open for questions.

There were no questions of Mr. Gwydir.

FINANCE DIRECTOR – Carol-Ann Schindel

Ms. Schindel: thank you and I wanted to let you know that the ambulance lease was approved and we do expect the new ambulance to arrive in mid July. Chief Whittington is nodding his head yes that is still what we expect. That concludes my report and I am open for questions.

Chief Whittington: The only thing that I will add about the ambulance is that we were contacted and I worked with the Mayor’s office. The company that actually…they are the same company that we bought the last ambulance from, they have asked to take it to one last trade show after it has been outfitted with the Eastlake. We are actually…the delay is about a week; which shouldn’t affect operation. But to be able to show at a state trade show our ambulance is kind of a good opportunity. Talking with the Mayor it wasn’t going to…if was an operational issue we probably would have changed our mind. But I think that for the extra week that they are going to need it that it was a good opportunity for someone to see something nice from the City of Eastlake.

Ms. DePledge: To showcase our city and I would agree with that.  

There were no questions of Ms. Schindel.

LAW DIRECTOR – Randy Klammer

Mr. Klammer: Thank you Madam President, Mayor, and Members of Council. The only thing that I have to report is to continue to work on the Fatur matter. Of course it is back up and running now so I wanted to thank Ms. Schindel. Because she is trying to re-invent what Mr. Slocum knew in the back of his head after all of his hard work. She is spending extra time trying to help me with that so I appreciate that. Other than that I am open for questions.    

There were no questions of Mr. Klammer.

Ms. DePledge: There is a benefit dinner this Saturday evening. Mr. Evers did you want to…it is at the EPAL Center for one of our Eastlake Police Officer’s grandson.

Mr. Evers: Yes it is called a Benefit for Cameron. One of our Eastlake Police Officer’s grandson has a blood disease and he is five (5) years old. We are doing a benefit to raise money for him. His mother had to quit her job to spend time with him. It is Saturday night from 6:00 p.m. to 11:00 p.m. Bring your own bottle and it is a picnic style dinner, dj, main boards, side boards, 50/50, and a Chinese auction. The cost is Twenty Dollars ($20.00) and all proceeds will go to the family.

ADJOURNMENT

The meeting was adjourned at approximately 7:41 p.m.

_________________________________________ ­

LAURA A. DEPLEDGE, COUNCIL PRESIDENT

APPROVED: ______________________

ATTEST: _____________________________________

                 TRACY M. SIMONS, CLERK OF COUNCIL

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