EASTLAKE CITY COUNCIL REGULAR COUNCIL MEETING MINUTES MARCH 25, 2014
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 Mr. D’Ambrosio at approximately 7:14 p.m.
The Pledge of Allegiance was recited.
ATTENDEES
Members of Council in attendance were Ms. DePledge, Mr. Licht, Mrs. Quinn-Hopkins, Mr. Evers, Mr. Hoefle, Ms. Vaughn and Council President Mr. D’Ambrosio. Also attending was Council Clerk Mrs. Cendroski.
Those attending from the Administration were Mayor Morley, Law Director Klammer, Finance Director Slocum, Acting Service Director Rubertino, CBO McReynolds, City Engineer Guard, Police Chief Reik and Fire Chief Whittington.
APPROVAL OF MINUTES
Regular Council Meeting – March 11, 2014
MOTION: Ms. Vaughn moved to approve the minutes of the Regular Council Meeting of March 11, 2014. Mr. Licht seconded.
ROLL CALL: Yeas unanimous.
Motion carried. The minutes were approved.
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COUNCIL PRESIDENT’S REPORT – Mr. D’Ambrosio
Meetings Scheduled
Mr. D’Ambrosio: The next Council-as-a-Whole Committee Meeting is scheduled for Tuesday, April 8, 2014 at 7:00 p.m. The Regular Council meeting will be convened immediately following the adjournment of the Council-as-a-Whole Committee meeting.
COMMUNICATIONS & PETITIONS
A communication was received from the WPCC requesting an amendment to Ordinance Section 939.26(d)(3) “Surcharges.”
Mr. D’Ambrosio: This was discussed in Ordinance Committee and appears on the evening’s agenda as Legislation No. 03-25-(03).
An expenditure request was received from the WPCC for Capital improvements.
Mr. D’Ambrosio: We approve these ordinances in conjunction with the City of Willoughby. Willoughby has not yet acted on this expenditure request. If there are no objections this item will be referred to the April 8th Council-as-a-Whole Committee. Mr. Slocum, this comes out of Fund 501?
Mr. Slocum: It comes out of the Sewer Fund and we do have funds available in that fund if you should choose to go to the max with the request. We do have funds available.
Mrs. Cendroski: Mrs. Quinn-Hopkins, as you said last time they discussed this in length during the annual WPCC meeting?
Mrs. Quinn-Hopkins: Right.
A referral was received from the Planning Commission for Pete’s Bar & Grille, 35700 Lakeland Blvd., Eastlake. This was referred to Planning Committee.
A communication was received from Ward 4 Councilman Licht regarding an amendment to City Ordinance Section 913.14 “Fees” (Comprehensive Storm Water Management).
Mr. D’Ambrosio: This will be referred to Ordinance Committee. But, as Mr. Gwydir has extensive research to do on this item if there are no objections a meeting will not be scheduled until we receive Mr. Gwydir’s information.
A referral was received from the Planning Commission for Force Indoor Sports Eastlake,
LLC, 34650 Melinz Parkway, Eastlake. This was referred to Planning Committee.
COMMITTEE REPORTS
Mr. D’Ambrosio: A Finance Committee meeting was held.
fINANCE cOMMITTEE – Ms. Vaughn, Chair
Ms. Vaughn: I am not going to give the report as I was ill and absent the night of the meeting. But I want to thank the Administration, Directors and employees for all the thought they put into the budget process this year. We are required by law to have a balanced budget and for a while we were not sure we would have one. But, with everyone’s work we now have a balanced budget and I thank you all.
Ms. DePledge, Finance Committee member and Acting Chair: The Finance Committee meeting was held on March 18th with all members of Council present but for Ms. Vaughn who was absent and excused. Present from the Administration were the Mayor, Chief Reik and Finance Director Slocum. We went over the 2014 budget review and initially thought we would be $36,000 in the red but ended up $54,000 in the black. Mr. Slocum, did you want to go over the final changes – they are already part of the minutes but perhaps you want to go over them again?
Mr. Slocum: Some of the big items – by settling these two contracts we were able to save $50,000 in legal fees; the State has reintroduced the dereg and CAT money which will have a positive impact on our budget in the amount of $20,000 and we were not aware of this until last week; and we are paying the Chagrin River Watershed bill out of the storm water sewer fund which save the General Fund about $8,000.
Ms. DePledge: And, thanks to the Administration and employees for their thoughtfulness and consideration and obviously taking into consideration what was good for the City and the residents. The meeting adjourned into Executive Session to discuss the Union contract between the City and AFSME and we returned to Finance Committee which was adjourned at 7:05 p.m. This concluded my report and I am open for questions.
There were no questions or Ms. DePledge.
ORDINANCE COMMITTEE – Mr. Hoefle, Chair
Mr. Hoefle: The Ordinance Committee met on Tuesday, March 18th at 6:00 p.m. with all members of Council present with the exception of Ms. Vaughn who was absent and excused. In attendance from the Administration were Mayor Morley, Police Chief Reik and Finance Director Slocum. Two items were on the agenda with the first being an amendment to Section 333.03 “Maximum Speed Limits; Assured Clear Distance Ahead.”
Chief Reik, did you want to comment on this?
Chief Reik: One of the officers noticed that the only City code we had that did not correspond with State code was for this stretch of Lost Nation Road. We normally do not monitor for speeders there but we occasionally receive a complaint and when we do get a complaint we patrol that area and if we write a ticket under the City code the money and fines will go to the City instead of the State. We are trying to make sure the ordinances mirror our local ones so we have that option.
Mr. Hoefle: The Committee discussed this and it was moved forward to tonight’s agenda. The next item discussed was an amendment to Section 939.26(d)(3) “Surcharges.” This was for the WPCC and is basically a housekeeping item with the increases being for businesses in the amount of just a few cents. The Committee approved this item and moved it forward to this evening’s regular Council meeting. This concludes my report and I am open for questions.
There were no questions of Mr. Hoefle.
Ms. Vaughn made the following Motions:
Legislative Recommendation
Legislation No. 03-25-(07)
MOTION: I hereby move to add Legislation No. 03-25-(07) to the evening’s agenda authorizing and directing the Mayor and Director of Finance to enter into an Agreement with the International Association of Fire Fighters, Local 2860, AFL-CIO. Mr. Licht seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation No. 03-25-(07) is added to the evening’s agenda.
MOTION: I hereby move to add Legislation No. 03-25-(08) to the evening’s agenda authorizing and directing the Mayor and Director of Finance to enter into a Contract with the Ohio Department of Transportation for Sodium Chloride/Rock Salt to be procured for Winter Use (Contract #018-15). Mr. Licht seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation No. 03-25-(08) is added to the evening’s agenda.
RECOGNITION OF THE PUBLIC
Mr. D’Ambrosio recognized the public input at this time; he 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 2014-010
RESOLUTION NO.: 03-25-(01)
Requested by: Administration A Resolution supporting and recognizing the Sponsored by: Council month of April, 2014 as Child Abuse Prevention Month in the City of Eastlake, and declaring an emergency.
MOTION: Mr. Evers moved to suspend the rules requiring separate readings and
reading in full. Mr. Licht seconded.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Evers moved to adopt. Mr. Licht seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2014-010.
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ORDINANCE NO.: 03-25-(02)
Requested by: Administration An Ordinance amending Section 333.03
Sponsored by: Ordinance Committee “Maximum Speed Limits: Assured Clear Distance Ahead,” specifically subsection (a)(2)(C),” of the Codified Ordinances of the City of Eastlake, and declaring an emergency.
MOTION: Mr. Evers moved to suspend the rules requiring separate readings and
reading in full. Mr. Hoefle seconded.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Hoefle moved to adopt. Mr. Evers seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Ordinance No. 2014-011.
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ORDINANCE NO.: 03-25-(03)
Requested by: WPCC Super. Gorka An Ordinance amending Section 939.26, “Sewer
Sponsored by: Ordinance Committee Service Charges,” of the Codified Ordinances of
the City of Eastlake, specifically Section 939.26(d)(3) “Surcharges”, and declaring an emergency.
MOTION: Mr. Hoefle moved to suspend the rules requiring separate readings and
reading in full. Mr. Evers seconded.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Hoefle moved to adopt. Mr. Evers seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Ordinance No. 2014-012.
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ORDINANCE NO.: 03-25-(04)
Requested by: Finance Director Slocum An Ordinance to re-appropriate for the expenses
Sponsored by: Finance Committee of the City of Eastlake, State of Ohio, for the period beginning January 1, 2014 and ending December 31, 2014, and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
MOTION: Ms. Vaughn moved to adopt. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Ordinance No. 2014-013.
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RESOLUTION NO.: 03-25-(05)
Requested by: Administration A Resolution authorizing and directing the Sponsored by: Council Mayor and Director of Finance to enter into an
Agreement with Local 3058, Ohio Council 8 American Federation of State, County and Municipal Employees, AFL-CIO, and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
MOTION: Ms. Vaughn moved to adopt. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2014-014.
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RESOLUTION NO.: 03-25-(06)
Requested by: Administration A Resolution authorizing and directing the Sponsored by: Council Mayor and Director of Finance to enter into a Contract with Cargill, Inc., the sole supplier, for the purchase of Deicing Salt for the total cost of Twenty-Four Thousand Five Hundred Dollars ($24,500.00), and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
MOTION: Ms. Vaughn moved to adopt. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2014-015.
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RESOLUTION NO.: 03-25-(07)
Requested by: Administration A Resolution authorizing and directing the Sponsored by: Council and Director of Finance to enter into an Agreement with the International Association of Fire Fighters, Local 2860, AFL-CIO, and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
MOTION: Ms. Vaughn moved to adopt. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2014-016.
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RESOLUTION NO.: 03-25-(08)
Requested by: Administration A Resolution authorizing and directing the Sponsored by: Council Mayor and Director of Finance to enter into a Contract with the Ohio Department of Transportation for Sodium Chloride/Rock Salt to be procured for Winter Use (Contract #018- 15), and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
MOTION: Ms. Vaughn moved to adopt. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2014-017.
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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: I would like to thank everyone – Mr. Slocum, all the Directors and Council for the work we did on the budget – $53,000 is not a big carry-over but it shows all the work we did from the beginning to overcome a deficit of $368,000. I appreciate everyone who helped out on the budget and I appreciate Council passing the budget this evening. Also I would like to thank the employees from the IAFF and AFSCME – working with the City and knowing our problems with the finances so we so we could settle the contracts with no raises. This year will be six years that the employees of the City have not had a raise. I would like to publically thank the IAFF and AFSCME and Council on getting these contracts solved. It has been a three month process. Chief Whittington was involved and as there was no Service Director at the time Mr. Slocum and I worked with the Unions – it was three months of hard work to get these contracts without going to mediation or arbitration. The Easter Egg Hunt is April 12th for Eastlake residents at the Captains stadium. The gates will open at 8:30 a.m. There will be three age groups – 5 years old and under, 6 years old to 10 years old and 11 years old to 14 years old. There is a Safety Town fundraiser April 25th with tickets costing $20. Tickets are available at my office and the Police Department. April 9th is Wear Blue Day for Child Abuse Prevention. Rally’s grand opening is April 15th. Two Bucks which is the old Beef O’Brady’s opens tomorrow at 11:00 a.m. I am asking Council to approve my appointment Mr. Rubertino as permanent Service Director for the City of Eastlake.
APPOINTMENT: NICK RUBERTINO AS CITY OF EASTLAKE SERVICE DIRECTOR
Mrs. Quinn-Hopkins moved to approve the Mayor’s appointment of Nick Rubertino as City of Eastlake Service Director. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. The Mayor’s appointment of Nick Rubertino as City of Eastlake Service Director is approved.
There were no questions of Mayor Morley.
FIRE CHIEF – Ted Whittington
Chief Whittington: I also wanted to express my thanks for Council’s support for the contract. The reason we were able to produce the document we did was because of the good working relationship we have now between the Administration and the employees and the good faith. I appreciate the Mayor’s efforts in trying to make sure that was always upheld. I think it made things go a lot smoother in being able to deal with the financial issues we have in the City. When the Union comes to the table and there is that type of professional relationship I do appreciate it and I think that had a lot to do with what we are able to get accomplished. I do appreciate it. I want to congratulate Mr. Rubertino. I think it was a good choice and I will continue to offer my assistance to him and I think he will do well. As far as the Directors and employees go we are striving to make sure our relationships are solid. I have been working – we have been dealing with gas well incidents in the harbor area. We were at a residents place last night. There are plenty of orphan wells along the Lakeshore Blvd. and harbor area. When the City was developed in the 1920’s and 30’s it was common practice for homeowners to have gas wells. Those wells belong to no one and Dominion and other companies do not want to claim, clean them or maintain them. So, they are orphaned wells and the Department of Natural Resources and the State of Ohio have a program for it. We have been working with the residents. If you have any residents with any concerns you can direct them to me and I will work with the Mayor. It is a process to get the wells capped. It does not cost the City or residents any money but it is a timely issue. I know the resident we met with yesterday had been on the list for about five years and they were told it would be from five to eight years to get the well capped. We encourage residents who smell gas to contact us immediately and we will come down and monitor it. Unlike where it is a Dominion issue and they make repairs these are orphan wells and no one makes repairs and they become a nuisance. I want to make sure everyone knows we are on this and understand this. I gave the Mayor the application and the process for letting ODNR know we have orphan wells. I am open for questions.
There were no questions of Chief Whittington.
POLICE CHIEF – Larry Reik
Chief Reik: I thank Council and Mayor for allowing us to do the recognitions and to recognize the Officer and Employee of the Year. I think it is important that they get to bring their families and parents and such during their off time to be able to share in accomplishments like these. I would like to share my congratulations to Mr. Rubertino. I think he will do a good job. All the Directors here have a good relationship and hopefully he will have some people to rely on. I know he has a good group of guys. I am open for questions.
There were no further questions of Chief Reik.
LAW DIRECTOR – Randy Klammer
Mr. Klammer: Nothing real exciting in the Law Department – a couple of claims are pending. The case with the swimming pool – this case was filed and is an active litigation. Most of the other litigation is still pending from the last time I did a report. I have been helping the Mayor on his demolition program. Other than that I am open for questions and would like to congratulate Mr. Rubertino. For those in the audience when Mr. Rubertino learned he was going to be appointed his eyes welled up with tears and he said “Man, I really want this job.” It is exciting and you should be so proud. Not everyone gets to say they are the Service Director of Eastlake or any City – it is a big deal and I am proud of you and glad to be a Director with you. Congratulations.
There were no questions of Mr. Klammer.
FINANCE DIRECTOR – Mike Slocum
Mr. Slocum: I would like to thank Council for passing the budget. It was a long process and we all have an understanding of what we can and cannot do. I would like to thank the Unions and Council for the contracts we passed. The Unions really stepped up to the plate. With the Fire contract there was a lot of imaginative thinking. This year we will not pay anymore than last year – in fact it will be less. It was very positive and they were able to find a way to make this contract work. Mr. Rubertino, congratulations or condolences – I don’t know. I wish you the best and look forward to working with you going forward. I am open for any questions.
Mr. D’Ambrosio: Mayor, Mr. Slocum – thank you to you and the Unions. This was my third contract and I was surprised how easy this went. Usually it was a lot more difficult and I thank you and the Unions for doing a great job for the City.
There were no questions of Mr. Slocum.
CITY ENGINEER – Tom Gwydir
Mr. Gwydir: I have nothing to report. I would like to congratulate Mr. Rubertino on his appointment. I work very closely with the Service Director and it is through his hard work and support that makes my job possible. I am open for questions.
There were no questions of Mr. Gwydir.
SERVICE DIRECTOR – Nick Rubertino
Mr. Rubertino: Thank you everyone. I am honored and privileged. I appreciate it and will do everything I can to move this position forward and get along with the residents and keep us in a positive manner to move this Administration forward as we all hoped it would be. I am at a loss for words and open for questions.
Mr. D’Ambrosio: Congratulations. We are all pretty easy going. If there is anything we can do to assist you just let us know.
Ms. DePledge: It is nice to know we have someone else on the panel that gets a little choked up. Welcome. I am now not the only one.
Ms. Vaughn: I had an interesting experience today. A resident called me with a complaint. I did not know who to call so I called the Service Director. He was out at that house and back with a report in fifteen minutes so I could call the resident and tell them the answer to the problem and how it would be solved. I appreciate that.
Mr. D’Ambrosio: That has been happening a lot. There was a flooding issue with a residents driveway drain on Freed. I called the Service Director and within a half hour I was able to call the guy to tell him what was going on. We are happy to have you, Mr. Rubertino.
There were no questions of Mr. Rubertino.
CHIEF BUILDING OFFICIAL – James S. McReynolds
Mr. McReynolds: I want to congratulate Mr. Rubertino. I have had the opportunity to work with him since the first of the year since he was put into this position. It has always been a
pleasure and he has always been responsive. I feel we have a good team effort here going forward. I want to congratulate him and say welcome aboard. I know he will do a great job.
I wanted to bring to Council’s attention the fact that I have contacted the Ohio Board of Building Standards and have invited them to come out to my Department to audit it on Thursday. I have done this in preparation of the ISO audit which will come up this month. They will observe our techniques, the way we administer and take money and the way we perform our duties to see if we are in accordance with Ohio law and regulations. I do not know how many changes they will make. There will be some. But, it will be a good step forward in getting us ready for our ISO audit.
There were no questions of Mr. McReynolds.
ADJOURNMENT
Motion carried. The meeting was adjourned at approximately 7:45 p.m.
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JOE D’AMBROSIO, COUNCIL PRESIDENT
APPROVED: __________________________
ATTEST: _____________________________
DEBORAH A. CENDROSKI,
CLERK OF COUNCIL