COUNCIL AS A WHOLE COMMITTEE MEETING

MINUTES

TUESDAY

March 22, 2016

 

Council President Ms. DePledge opened the meeting at 7:00 p.m.

 

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 attending was Council Clerk Mrs. Simons.

 

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

 

At this time the swearing in cceremony for Probationary Firefighter Owen Lynch and for the promotion of Lieutenant Doug Drake to the fire Marshal Assignment and for the promotion of firefighter Todd Harvey to Lieutenant.

 

LEGISLATION PROPOSED:

There was no Legislation Proposed.

 

There were no further questions or comments.

 

LEGISLATION PENDING: (Placed on First Reading on 03-08-2016)  

03-08-(01) A Resolution for a Lease Agreement between the City of Eastlake and the American Croatian Lodge.

Ms. DePledge: Tonight it will be placed on Second Reading.

 

There were no further questions or comments.

 

MISCELLANEOUS:

A Resolution supporting and designating April, 2016 as “National Autism Awareness Month” and April 2, 2016 as “World Autism Awareness Day”.

Ms. DePledge: A Motion will be made to add this to this evenings agenda and it will be Legislation No.: 03-22-(02).

 

An Ordinance to enter into an Eleventh Amendment to the WPCC Joint Agreement with the City of Willoughby.

Ms. DePledge: A Motion will be made to add this to this evenings agenda and it will be Legislation No.: 03-22-(01).

 

A Final Resolution enacted by the City of Eastlake, Ohio, hereinafter referred to as the Legislative Authority/Local Public Agency or “LPA”.

Ms. DePledge: A Motion will be made to add this to this evenings agenda and it will be Legislation No.: 03-22-(03).

 

A Resolution authorizing the Mayor and director of Finance to enter into a Lot Purchase Agreement for the properties located at33413 Lakeshore Blvd., Eastlake, OH 44095, PP# 24-A-010-K-00-0090-0 and PP# 34-A-010-K-00-010-0 in the total amount of three Hundred Thousand Dollars ($300,000.00)

Ms. DePledge: A Motion will be made to add this to this evening’s agenda. It will be Legislation No.: 03-22-(04). With regard to items one, three and four we are going to treat this as a committee meeting this evening in regards to those issues. So if Mr. Gwydir, Mr. Klammer or Mrs. Schindel if you would like to address these issues. 

 

Mr. Gwydir: As far as the property purchase goes according to the WPCC operating permit Eastlake and Willoughby are required to construct an equalization basin at the Quentin Rd. pump station. It was determined during the preliminary design that it would be beneficial to have the property next door and to put the equalization basin on it.  There would be a savings to both communities by purchasing that property for that purpose.  Over this past week, Mr. Klammer prepared the agreements for the purchase as well as the legislation relative to that matter.  I will let him speak about that but that is the purpose for obtaining the property.  There is just a little bit of a push.  The reason for this is we are getting a WPCLF loan for that work. We have to have all of the property in line to report on the loan documents.  That will be on May 1^st.   That is why the rush has been on. Otherwise the project will be severally delayed. It will push us into trouble with the EPA, and the schedule they have set for the work.

 

Ms. DePledge: Thank you Mr. Gwydir. Mr. Klammer?

 

Mr. Klammer: As you know the happen stance is that Mrs. Welch had passed away and there was an opportunity there for the property. I thank Mr. Gwydir and Council for working up some of the drafts.  I took a lot of the work Mr. Gwydir did and worked a lot purchase agreement.  They had anticipated Mr. Welch would be the executor and apparently that didn’t happen.  Attorney Frank Beni is the executor administrator for the estate.  I have had conversations with him today. I re-worked the agreement to include him as the signer of the document.  He has a copy. It is worked up here as the $300,000.00 purchase price which is what everyone has understood.  Fifty percent is coming from the City of Willoughby.  You will see what I did in the legislation because we are under such tight time frames. I am anticipating some comments or some work that needs to be done by Willoughby.  Their Law Director will not be in until tomorrow.  I sent him the first draft but at least he has a working draft already.  We propose in the legislation, and I don’t know if it is in there or not that in the form that I have in Section One that the purchase agreement in substantially the same form as attached here as “Exhibit A”.  That give me a little bit of flexibility that if we do have some changes that we need to make after that as long it is in substantially the same form as what Council has approved.  That will help us to keep it moving so that we meet Mr. Gwydir’s deadlines.  The only other comment that Mr. Beni has made is that they didn’t want to have any cost. They wanted us to incur the cost for title searches and escrow.  It isn’t a significant cost and considering we are sharing it with the City of Willoughby ultimately that would be your determination, but I certainly do not have any objection to it.  I wouldn’t imagine that would be the basis to hold up the project.  Then you have the Eleventh Amendment to the WPCC which in essence they work hand in hand to a certain degree right?

 

Mr. Gwydir: The Eleventh Amendment to the agreement concerns a rehabilitation project for the existing basins. Willoughby is taking a loan out and this document speaks about how Eastlake will participate and pay Willoughby for the loan as the lead agency.

 

Ms. DePledge: It was my understanding that they were going to share the payment on the loan.

 

Mr. Gwydir: Yes.

 

Ms. DePledge: We are going to share the payment with Willoughby.

Mr. Gwydir: The City of Willoughby is taking the loan as the lead agency because realistically we can’t split between Eastlake and Willoughby. Each taking the loan for the WPCLF so in these circumstances Willoughby is acting as the lead agency.  This is just their document between Eastlake and Willoughby to discuss how the payments will be made against that loan and how the split is proportioned. 

 

Mr. Klammer: We have an existing memorandum understanding and it has been amended over the years on our relationship with the WPCC.

 

Ms. DePledge: Mr. Zuren?

 

Mr. Zuren: Thank you Madam President. My question is for Mr. Gwydir about if there was any information that provided the term, the monthly payment or the annual payment of the loan that is going to be split with the City of Willoughby?

 

Mr. Gwydir: That is laid out in the agreement document in itself.

 

Mr. Klammer: It is not in this memorandum. I think that in general terms.

 

Ms. DePledge: I don’t think that we had a specific number but the money was going to be coming out of the Sewer Levy Fund and not the General Fund because there is not money to do that in the General Fund.

 

Mr. Gwydir: I am referring to Section E and I do believe that it is a 20 year loan. I don’t see a schedule in there but if you would like the schedule I could get you a copy of it.     

 

Ms. DePledge: Are there any more questions for Mr. Gwydir, Mr. Klammer or for Mrs. Schindel? Just to clarify for the record that the probable estimated cost of the project is $2.2 million.  The construction loan that Willoughby is applying for will be almost $1.8 million.  That will be repaid by the City of Willoughby and the City of Eastlake over a period of 20 years.  This is for the improvement projects to the WPCC in which I believe that they are mandated to do.

 

Mr. Klammer: That was the genesis of the loan.

 

Ms. DePledge: Are there any other questions? Those items will be added to the agenda for this evening.

  

There were no further questions or comments.

 

The meeting was adjourned at 7:29 p.m.

 

tms                                              

 

        

APPROVED: ________________

 

                                                               DATE: __________________