EASTLAKE CITY COUNCIL REGULAR COUNCIL MEETING MINUTES JULY 8, 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 7:27 p.m.
The Pledge of Allegiance was recited.
ATTENDEES
Members of Council in attendance were Mr. Licht, Mrs. Quinn-Hopkins, Mr. Evers, Ms. DePledge, 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, City Engineer Gwydir, Police Chief Reik and Fire Chief Whittington. Service Director Rubertino was absent and excused.
APPROVAL OF MINUTES
Regular Council Meeting – June 24, 2014
MOTION: Mr. Licht moved to approve the minutes of the Regular Council Meeting of June 24, 2014. Mr. Evers 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, August 26, 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. Remember at the last Council meeting we passed a Motion authorizing our Council break.
COMMUNICATIONS & PETITIONS
Communications were received from the Administration regarding the approval of Union contracts and an amendment to City Ordinance 155.03(a) “Holidays.”
Mr. D’Ambrosio: These items will be discussed in Executive Session during the regular Council meeting.
A communication was received from the Administration regarding the bid award for the OPWC Kalene Court Improvement Project.
Mr. D’Ambrosio: This was discussed in Council-as-a-Whole and will be added to the evening’s agenda.
A communication was received from the Administration regarding contracts for backup pumps and a backup generator. These were referred to Finance Committee.
A liquor license request was received for Prism Hospitality, LP dba Radisson Eastlake Hotel, 35000 Curtis Blvd., Eastlake.
Mr. D’Ambrosio: There were no objections from the Administration or Police. If no one has any objections and someone would like to make a Motion, Mr. Licht, we will put this on tonight’s agenda.
A communication was received from the Administration regarding a contract award for installation of an air conditioning unit at the Captains Stadium.
Mr. D’Ambrosio: This was discussed in Council-as-a-Whole and will be added to the evening’s agenda.
COMMITTEE REPORTS
Mr. D’Ambrosio: There were no Committee reports.
MOTIONS:
Legislative Recommendation
Legislation No. 07-08-(01)
Ms. Vaughn moved to add Legislation No. 07-08-(01) to the evening’s agenda authorizing and directing the Mayor and Director of Finance to enter into a Contract with T.C. Construction Co., Inc., the most responsible and lowest and best bidder, for the OPWC Kalene Court Improvement Project for the total amount of One Hundred Fifty-Seven Thousand Four Hundred Eighty Dollars ($157,480.00). Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation No. 07-08-(01) is added to the evening’s agenda.
Legislation No. 07-08-(02)
Ms. Vaughn moved to add Legislation No. 07-08-(02) to the evening’s agenda authorizing and directing the Mayor and Director of Finance to enter into a Contract with Two Seasons Heating & Cooling, Inc., the most responsible, lowest and best bidder, for the purchase of one (1) Twenty Ton Rooftop Air Conditioner with Curb Adaptor including labor and material for the total cost of Sixteen Thousand Eight Hundred Twelve Dollars and Thirty-One Cents ($16,812.31). Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation No. 07-08-(02) is added to the evening’s agenda.
Legislation No. 07-08-(03)
Mr. Hoefle moved to add Legislation No. 07-08-(03) to the evening’s agenda
amending Section 183.0501, Section 183.0502, and Section 183.1302, subsection (a) of the Codified Ordinances of the City of Eastlake, changing the rate of the Municipal Income Tax to Two and Fifty Hundredths Percent (2.50%). Mr. Licht seconded.
ROLL CALL: Yeas: Ms. Vaughn, Ms. DePledge, Mr. Licht, Mr. Evers, Mr. Hoefle,
Mr. D’Ambrosio.
Nay: Mrs. Quinn-Hopkins
Motion carried. Legislation No. 07-08-(03) is added to the evening’s agenda.
Legislation No. 07-08-(04)
Ms. Vaughn moved to add Legislation No. 07-08-(04) to the evening’s agenda providing for the submission to the electors of the City of Eastlake, Ohio, the question of whether Ordinance No. 2014-___ passed July __ 2014, amending the City of Eastlake Income Tax Rate shall be approved. Ms. DePledge seconded.
ROLL CALL: Yeas: Ms. Vaughn, Ms. DePledge, Mr. Licht, Mr. Evers, Mr. Hoefle,
Mr. D’Ambrosio.
Nay: Mrs. Quinn-Hopkins
Motion carried. Legislation No. 07-08-(04) is added to the evening’s agenda.
Liquor License Request
Mr. Licht moved to approve and send back to Columbus, Ohio with no objections the liquor license request for Prism Hospitality, LLP dba Radisson Eastlake Hotel, 35000 Curtis Blvd., Eastlake. Mr. Evers seconded.
ROLL CALL: Yeas unanimous.
Motion carried. The liquor license request is approved.
Eastlake Port Authority – Ms. DePledge, Liaison
Ms. DePledge: There will be no Port Authority meeting tomorrow evening as the Port Authority is on summer break. They will probably reschedule it for the second Wednesday in August at 7:00 p.m. down the hall and because we won’t be having a meeting probably before that time I will make sure an email is circulated to everyone and perhaps we can get it posted on the website if they do decide to have a meeting.
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.
Ted Beres, 36706 Lakehurst Drive, Eastlake
Mr. Beres: On the evening of June 25th my wife and I were heading home and as I was approaching the Chagrin River Bridge a police car came flying around the curve with its lights flashing. I attempted to move to the side but was restricted by a guardrail. Fortunately the traffic on the west bound lane was open. I wondered why he did not have his siren because I could have heard it before I saw him and taken evasive action. When I got home I called the Police Station and talked with Officer Maloney. I told him my story. His response was we have to get the bad guy. I did not have an initial response but what I should have told him is don’t kill a good guy and his wife in the process. We don’t want to become collateral damage. The following evening I was on the Chagrin River Bridge going west and here comes an Eastlake ambulance – lights flashing – followed by a fireman’s car. Now you know on the bridge there is nowhere to move so I just stopped. Fortunately the traffic in the eastbound lane there wasn’t any but what if there was traffic in the eastbound lane? My suggestion is that you slow down in that specific area because vehicular traffic is restricted. Thank you.
Ted Taubert, 371 Northcoast Pointe, Eastlake
Mr. Taubert: Each time – three times I have had a flooding problem. Once the water started to recede it went down very fast which would indicate to me that a blockage somewhere broke open from all the pressure of the water. Coming up on this dry season is going to be the best time to clean out Corporation Creek and I hope you will continue to do that. It should be deeper and wider comments could not be understood. Now with that said I learned some very good information this afternoon. I stopped in the back of the trailer park along Lakeshore Blvd. way back and right on Corporation Creek. The occupant there told me they have seen people cleaning out the creek and killing some of the brush and trees around there but they believe more needs to be done. But it was very good to hear that something has been done already and I hope it continues. That is all.
Mr. D’Ambrosio: Thank you. Just a quick question – with all this rain that we had today did you have any problems today?
Mr. Taubert: No.
Mr. D’Ambrosio: That is a good thing.
Mr. Taubert: That is a very good thing.
Bernie LeMay, 41 North Lakehurst Drive, Eastlake
Mr. LeMay: Two weeks ago I addressed Council. I asked one simple request. It was for elected officials to enforce the City Codes which you have sworn to enforce and to have the resident at 43 North Lakehurst Drive comply with the laws of the City. There were some questions. First I want to read Ordinance 1145.10 (c) “… a hedge or thick growth of shrubs or trees, maintained so as not to exceed six feet in height may be located in any required side or rear or front yard.” Further down it also says “no such fence, lattice, screen or wall shall project into a front yard beyond the required setback.” Four years ago when these bushes were planted they were 10 feet tall. A year later they were trimmed to 7 feet. Subsequently another 10 – 12 bushes were planted in front of the 40 feet setbacks – so along the front yard and at that time they were 8 feet tall but planted. So, that is the ordinance I am referring to. There was a question about penalties – I cannot pronounce this word (misdemeanor) – this offense – the penalty says “whoever violates any provision of this chapter is guilty of a minor offense for each offense. A separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues.” Under Penalties – under 501.99 item (e) under item E. under Fines, section 2 “For a minor offense not more than one hundred fifty dollars. The previous offenses for third, second, first degree all refer to higher penalties. Further under 501.99 they talked about jail terms. Jail terms were only for first degree, second, third, fourth but not for minor. So, when there was a concern by the Mayor about putting a resident in jail over bushes the ordinance and the penalties do not call for jail terms. So, once again, I am asking help. I also presented this to the Building Department yesterday morning to Mr. Palmer. His comment to me was that he was waiting to hear from the Law Department. The Law Department has said to me that you have turned it over to the Building Department. So, we have a little merry-go-round going there on who is doing what to notify this resident. Again, I simply ask you to enforce the Codes, notify the resident to have his bushes trimmed to 6 feet on the side and rear yard and to the appropriate height which I believe is either 36 or 42 inches up to the front setback of 40 feet. Can I give a copy of what I said to you or the Mayor?
Mr. D’Ambrosio: I will take it to be included with the minutes.
Mr. Licht: I want to clarify that City Council does not enforce the ordinances. That would fall under the Executive Branch which would be the Administration. You mentioned – you asked Council to enforce those laws so I wanted to make sure that was clear.
Mr. D’Ambrosio: Thank you, Mr. LeMay. Mayor?
Mayor Morley: Mr. Klammer was on vacation last week. I have emailed him with a question to do research on – as we do with abandoned homes and people who do not keep up with their yards – this has been going on – this neighbor dispute on Mr. LeMay’s street – at both ends of the street with four sets of residents – it is an ongoing dispute. My recommendation if possible is that we do what we do with lawns that are not taken care of. We give one more notice that says (comment could not be understood due to background noise) if they are not down to 6 feet we will send someone in to cut them to 6 feet. Every meeting we discuss this. All the time we keep spinning our wheels with the Building Department and you and working on it and we can’t get anything else done. That is my request Mr. Law Director. If you give me a decision we can go on private property to cut it down to 6 feet.
Mr. Klammer: You did send me that email. In the meantime I have talked to Mr. Talty’s lawyer and if I cringe when I do that it is just my expression – when you talk to Mr. Talty’s lawyer Mr. Talty has all kinds of complaints about what Mr. LeMay did to his property and it is an impossible cycle. But to your point – first I know you spoke about jail time. I believe you were speaking colloquially about the idea of prosecuting anyone over a tree issue. The concern if we start the practice of cutting down people’s trees is the valuation for cutting trees improperly becomes complicated. If you are cleaning the property there are no damages if we do it wrong. If you cut trees down it becomes a question of what is the value of damages. I understand we have immunities and other things but the question is if you cut down trees at a certain age and it destroys the whole tree what is the valuation of the tree? My apprehension is just that. How far are we going to go – when does an 8 inch grass that is a nuisance become a bush, become a tree? But, if it becomes a policy that you want to make the judgment call that we are going to go on there and cut those trees down – cut the bushes down – whether they are trees or bushes I will try to get you that authority. I am just saddened that neighbors cannot find solutions to these types of disputes by themselves especially when the City is so overburdened with all these other problems. Such is the life of a small community and I will help you find a solution to that.
Mayor Morley: I agree. We have had the Law Director with the four families to try to mediate and it did not go anywhere. All of have ever said as a Councilman and a Mayor is that you don’t have to like your neighbor you just have to coexist. Hopefully that can happen. In this incidence it is not going to happen and we are at the point of – I understand Mr. LeMay and I understand the laws he is saying we have to uphold. And we will try to get it done. That is my whole thought on this issue is if we can do that and if we can’t then I guess we will just have to start enforcing the penalties and go from there.
Mr. Klammer: You want to send City guys out there to cut them?
Mayor Morley: No, we will do like we have – contract them out.
Mr. Klammer: So the residents and Mr. LeMay specifically – we pay those guys. When we send these contractors out to clean out people’s property – that comes out of the City’s budget. So we are paying a guy to go out there and cut some trees down. And we get reimbursed someday down the road because it goes on the taxes and the same tree we cut down just like these other properties the same grass we cut – the homeowner is not going to maintain the grass so we do it again and we cut these trees down and he is not going to maintain them and we are going to cut them again. I just want the residents to understand that those things are not free. I know they do but I want to say it publically so there is no confusion.
Mr. D’Ambrosio: Mr. Hoefle?
Mr. Hoefle: If we do send someone in to cut these shrubs back I would recommend we make sure it is someone who is a certified arborist to do it. That way they will know exactly what they are doing and at least they will be done by someone who is certified to do it and not just someone coming in with a chain saw or hedge trimmer and cutting it.
Mr. D’Ambrosio: Thank you, Mr. Hoefle.
Mr. LeMay: Three years ago the Building Department sent a letter to Mr. Talty requiring them to cut the bushes by July 31st of that year and he did – he cut them to 7 feet not 6 feet. And, he did it under duress. But he did it. What I am asking is another letter go out giving him a specific date – fast date – a week, two weeks max – to cut his bushes. If he does not do it impose the $150 fine.
Mr. Klammer: It is not a matter of imposing it – it is a matter of filing a criminal case against him. That is what the Mayor was trying to say. And, I don’t mean to be harsh – Mr. LeMay and I get along just fine. But, the procedure is – if we file a criminal case – State vs. Mr. Talty – City of Eastlake vs. Mr. Talty and he goes to Court and he pleads guilty or not guilty and decides to get a lawyer or not get a lawyer or in some cases if they are indigent they get a Court appointed lawyer and the City pays for that as well. So, it is just adding to the burden of everything that goes along with that. It is an official criminal case.
Mr. LeMay: It is difficult to enforce the law. But we do have a Code. It specifically says 6 feet high.
Mr. Klammer: I am going to help the Mayor find another solution because I think and I tend to agree with his position that there are some types of disputes or some types of deviations in the ordinances that don’t merit criminal charges against someone because that sits with them forever. Theoretically it affects credit ratings. Theoretically it affects all kinds of things. And I appreciate the Mayor’s sensitivity to that. We make judgment calls all the time when we file criminal cases just like a police officer may let a speeding ticket slide. It is not unlike that. We make judgment calls on when we are going to expend precious City resources on official criminal actions.
Mr. LeMay: A few minutes ago you mentioned that he is making complaints against my property and alterations I have made…
Mr. Klammer: I can only tell you – like I promised you I would after you brought it up last time – I talked to Mr. Talty’s lawyer – and, I am friendly with him – it is a small legal community. And he expressed that Mr. Talty has complaints about what you have done. I do not know the specifics. I do not remember the specifics but something about removing a survey post. He had complaints about what he thought you were doing. I do not know whether those things are true or not but this is what happens – it goes on forever.
Mr. D’Ambrosio: Let’s see if we can just get this thing settled before we come back from Council break so the next meeting Mr. Le May does not have to go through this.
Mr. LeMay: I would like to see the sunset before the end of summer.
Mr. Klammer: The last thing I will say on it – that is solving one resident’s concern. It will never end…
Mr. D’Ambrosio: I get it. I get it.
Mr. Klammer: I can promise you I will get the answer to the Mayor as to whether or not we can go on there – send a contractor to cut that down. That is the best I can do.
Mr. D’Ambrosio: Thank you, Mr. LeMay.
Charlotte Bennett, 36390 South Riverview, Eastlake
Ms. Bennett: I know you have already made a decision but I would like to voice my opinion on your prayer before Council meetings. Every session of the House and Senate opens with prayer. Every sporting event begins with the Pledge of Allegiance with contains the word God. Our money has the word God on it as does the Declaration of Independence. We even ask God to Bless America at our baseball games. 70%-80% depending on the poll of Americans consider themselves Christians. The Bible urges us to prayer for all people, especially kings and all those in high offices. Christians believe all governing authorities are established by God and in my church, Trinity Lutheran in Willoughby, we pray weekly for our elected officials. On May 5th of this year the Supreme Court by a vote of 5-4 upheld the right of local officials to open town council meetings with prayer and that does not violate the Constitution even if it routinely stresses Christianity. Our country was founded on religious freedom, God has guided this nation through the pioneer period, freedom of the oppressed and wars so that we enjoy the life style we have today. Praying before Council meetings reaffirms our nation’s heritage and tradition. That is all I have to say.
Mr. D’Ambrosio: Thank you very much.
Gregory Quattrocchi, 15928 Kipling Avenue, Cleveland
Mr. Quattrocchi: I was a victim of an assault at the Eastlake indoor flea market by another vendor. I was a vendor there. The person that assaulted me – I was assaulted twice – once on the 30th of November by one individual who was a vendor and the next day on December 1st. I went to the police that evening. I did not call the police at the time of the incident. The incident was witnessed by a vendor, the owner of the flea market and I believe a customer. I was thrown off a chair. I responded by calling the individual a choice name. He picked up a folding chair I believe – I don’t know if it was a folding chair – and threatened to kill me. I was very honest with the police when I went to them that evening. I could not really call them because the individual was gone. The flea market was closed. I was very honest with the police that this involved the so called terms of a cash loan that the individual had given me to pay the rent on my stall which I had promised the proprietor that I would pay on time and I was unable to do it because I was not selling enough of my items. The individual ended up with probably I would say if you looked on the collectible list on E-Bay probably a good $10,000 – $15,000 worth of my property – over a $100 loan. He gave me a few items of his to hold onto. But it was not a fair term. It was done basically under pressure. I am here because the police have not – basically discarded the idea of prosecuting or arresting this individual. I spoke with Cindy?
Mrs. Quinn-Hopkins: Yes.
Mr. Quattrocchi: I spoke with Cindy the other day and she told me she spoke with the Chief and the Chief said they did an investigation and the prosecutor decided not to press charges or not to arrest anybody. I don’t see that there was any investigation done. I am being basically pressured into filing a civil suit because I have no redress otherwise. I am having a very hard time finding a lawyer. This is going to cost me money I don’t have. And, most importantly I don’t have these individuals’ names. Basically I am asking the City of Eastlake – one – to reconsider the possible prosecution of this person. I spoke with the Law Director – basically you gave me the same decision the prosecutor had made – you were not going to get involved in it and that it was a civil proceeding. Well, in any event it is beyond my capacity to pay for it. It is very hard to find a lawyer in this type of case because if they don’t see it as winnable they will not bother. Legal aid is not available in this type of situation. So basically I am appealing to the City Council and the citizens of Eastlake to understand that you have some dangerous people in your local flea market. One is a resident of Eastlake and the other is a resident of Wickliffe. I would also say that the owner is not providing a safe environment because she basically didn’t do anything about it and basically reprimanded me for whatever. So, I have no resources here to pursue this. The reality in Ohio is Eastlake home rule – I can’t appeal to the County or State or anything to help me out. It is up to the City of Eastlake to do something. The least I would ask is I could somehow appeal to the police to find these individuals so I can get their names and addresses otherwise I can’t even file a lawsuit. I know them as Dale and George. I know no last name. Also, I never returned to the flea market to reclaim the property I had left – that I had for sale. That has basically been lost as well.
Mr. D’Ambrosio: Thank you, Sir. Chief, do you have any comments on this?
Chief Reik: Just a little background for the other side. He filed a complaint. A criminal complaint was investigated. He was not happy with the investigation. I looked into it and forwarded it to the prosecutor who is the independent eyes on it and is the one who has to decide whether there is a case and if it is winnable and worth taking to trial. It is a he said – he said – something like that. He does not issue warrants on every case we get. Mr. Quattrocchi had us forward it to the Law Director for another set of eyes. He was not happy with that decision and complained to the Mayor. We sat down with him in a meeting. Councilperson Hopkins came as she had some concerns. I explained to her the process the entire event had gone through. The civil process is there because there is a difference between beyond reasonable doubt and a preponderance of the evidence. You only have to prove to 51% in a civil court but in a criminal court you have to prove more to take away somebody’s liberty for assault or for property that he says was left there out of fear. They said it was basically not his property and they seized it after a period of time. I do believe he got his monies worth out of the investigation even though it did not go the way he was hoping to. It was looked into. The report would be available since the report is closed and whatever information is on it and whatever people he would be privy too. We would not do an additional investigation just to get additional names for him for a civil complaint. That would not be in our ability to do so to file a civil complaint. I am not sure if there are places he could go through legal aid or things like that which would offer assistance without a great cost. Our Department handled it as well as we could have – it just wasn’t a good outcome.
Mr. D’Ambrosio: I would suggest getting a copy of the police report.
Mr. Quattrocchi: I do. I have it right here. And I would like to say two things.
Mr. D’Ambrosio: If we could start winding up because…
Mr. Quattrocchi: I want to say it is inaccurate and incomplete. That is my belief on this. The individual wrote me a note on a post-it which I gave to Officer Angelo and that was lost. He would not give it back to me. He said it was going to be in the report and it is not. To me that should be a significant piece of evidence if I need to pursue this on any level. I am basically being told to speak with him about that.
Mayor Morley: We did sit down in a meeting – with the Chief and I – at that meeting what I said – and it is my personal opinion – when you say something that you felt that they were going to kill you – you don’t wait and come eight hours later. I told you at that meeting if you had called the police right then and there whether they left or not they would have been able to question everyone in the flea market for information and identity them for the record. At our end at least – I know it is closed at our end – after reviewing it he wanted me to direct the Chief to reopen it. After sitting with all parties our end is closed. I talked with the Chief. There is nothing else we can do. That is where we are as a City on the issue.
Mr. Quattrocchi: But to retrieve that note I should speak to Officer Angelo?
Chief Reik: If the note is not in the report it isn’t. I can speak to him again.
Mr. Quattrocchi: I asked him for it back and he said “No, you can’t have it back it will be in the report.” That was exactly what he said to me and it wasn’t. If I speak to an attorney perhaps they might have to ask again.
Mr. D’Ambrosio: Can you talk to him, Chief?
Chief Reik: Yes.
Mr. D’Ambrosio: Then just keep in touch with Chief Reik. Thank you, Sir.
There was no one else who wished to speak.
LEGISLATION PROPOSED – First number will be 2014-040
RESOLUTION NO.: 07-08-(01)
Requested by: Administration A Resolution authorizing and directing the Sponsored by: Council Mayor and Director of Finance to enter into a Contract with T.C. Construction Co., Inc., the most responsible and lowest and best bidder, for the OPWC Kalene Court Improvement Project for the total amount of One Hundred Fifty- Seven Thousand Four Hundred Eighty Dollars ($157,480.00), and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Mr. Licht seconded.
ROLL CALL: Yeas unanimous.
MOTION: Ms. Vaughn moved to adopt. Mr. Licht seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2014-040.
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RESOLUTION NO.: 07-08-(02)
Requested by: Administration A Resolution authorizing and directing the Sponsored by: Council Mayor and Director of Finance to enter into a Contract with Two Seasons Heating & Cooling, Inc., the most responsible, lowest and best bidder, for the purchase of one (1) Twenty Ton Rooftop Air Conditioner with Curb Adaptor including labor and material for the total cost of Sixteen Thousand Eight Hundred Twelve Dollars and Thirty-One Cents ($16,812.31), and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Mr. Licht seconded.
ROLL CALL: Yeas unanimous.
MOTION: Ms. Vaughn moved to adopt. Mr. Licht seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2014-041.
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ORDINANCE NO.: 07-08-(03)
Requested by: Administration An Ordinance amending Section 183.0501,
Sponsored by: Council Section 183.0502, and Section 183.1302, subsection (a) of the Codified Ordinances of the City of Eastlake, changing the rate of the Municipal Income Tax to Two and Fifty Hundredths Percent (2.50%), 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: Mr. Hoefle, Mr. Evers, Mr. Licht, Ms. DePledge, Ms. Vaughn,
Mr. D’Ambrosio.
Abstain: Mrs. Quinn-Hopkins
MOTION: Mr. Hoefle moved to adopt. Mr. Evers seconded.
ROLL CALL: Yeas: Mr. Hoefle, Mr. Evers, Mr. Licht, Ms. DePledge, Ms. Vaughn,
Mr. D’Ambrosio.
Nay: Mrs. Quinn-Hopkins
Motion carried. Legislation is adopted as Ordinance No. 2014-042.
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RESOLUTION NO.: 07-08-(04)
Requested by: Administration A Resolution providing for the submission to Sponsored by: Finance Committee the electors of the City of Eastlake, Ohio, the question of whether Ordinance No. 2014-042 passed July 8, 2014, amending the City of Eastlake Income Tax Rate shall be approved, 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: Ms. Vaughn, Ms. DePledge, Mr. Licht, Mr. Evers, Mr. Hoefle,
Mr. D’Ambrosio.
Abstain: Mrs. Quinn-Hopkins
MOTION: Ms. Vaughn moved to adopt. Mr. Licht seconded.
ROLL CALL: Yeas: Ms. Vaughn, Ms. DePledge, Licht, Mr. Evers, Mr. Hoefle,
Mr. D’Ambrosio.
Nay: Mrs. Quinn-Hopkins
Motion carried. Legislation is adopted as Ordinance No. 2014-043.
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LEGISLATION PENDING (Placed on First Reading 06/10/2014)
(Placed on Second Reading 07/08/2014)
RESOLUTION NO.: 06-10-(02)
Requested by: Administration A Resolution providing for the submission to Sponsored by: Finance Committee the electors of the City of Eastlake, Ohio, the question of whether Ordinance No. 2014-035 passed June 10, 2014, amending the City of Eastlake Income Tax Rate shall be approved, and declaring an emergency.
As there were no objections this item was removed from the table with no action taken.
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(Placed on First Reading 06/24/2014)
RESOLUTION NO: 06-24-(03)
Requested by: Administration A Resolution authorizing and directing the Sponsored by: Service/Utilities Committee Mayor and Director of Finance to enter into a
Memorandum of Understanding between the Lake County Board of Commissioners, on behalf of the Lake County Stormwater Management Agency, and the City of Eastlake, 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: Ms. Vaughn, Ms. DePledge, Mr. Licht, Mr. Evers, Mr. Hoefle,
Mr. D’Ambrosio.
Nay: Mrs. Quinn-Hopkins
MOTION: Ms. Vaughn moved to adopt. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2014-044.
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UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
There was no New Business.
ADMINISTRATIVE REPORTS:
MAYOR/SAFETY DIRECTOR – Dennis Morley
Mayor Morley: Good evening, residents. Thank you for coming out. We had did have a fireworks display and it was a great event. We probably had 8-10 thousand people. I want to thank Mayor Bonde of Willowick and all our sponsors including the Klammer Law Office who donated so we did not have to pay any money out of the General Fund. It was a free event and it was a good event. We continue to clean Corporation Creek and continue to do the jetting of all the catch basins and repair the catch basins in the City. Knock on wood the storms we have had we had no flooding and we hope we don’t for the remainder of the season and throughout the winter. We also are working on the building in the back for the salt bins. We have to go out for bids. That will be about a $300,000 repair. When Mr. Slocum talks about unforeseen things that happen throughout the year that is one of them – we have not had $300,000 budgeted to repair an unsafe salt bin. We also got a bill from First Energy from 2008 – we owe them $180,000. So when we are here saying that we need an increase it is for things that we have no control of – they are beyond the day to day operations. Again, I will ask Council – and I will ask all of Council – if this does fail if we have alternatives? It is easy to vote no – it is easy to abstain – but, you have to have alternatives if this does not fly. I will make the hard decisions of what we have to cut – between myself and the Administration – but, I also look for things from you that you believe what you think are important and not important for the City. The pool passes have been really slow. As of today we had 44 Eastlake families and 10 individuals, 54 YMCA families and 14 YMCA individuals. Out of the 54 family YMCA members 43 are Eastlake residents. There have been complaints that the YMCA members pay $50 – the YMCA members pay $70 a month to get into the YMCA so they are paying $840 to be a Y member. The YMCA has subsidized this pool so there was nothing spent out of our tax dollars. That is the reason for that. We have had complaints why they had to pay $50. That is the reason. They already pay $840. Y members in Perry can go to that pool for free. Again, the YMCA subsidizes the pool and one owner paid $15,000 to open the pool. Their goal is 328 and we are at about 128. So, we will see at the end of the year where that goes for next year. I know we need to get some consistency in this City. A pool open one year and closed another year and another year the pool open. This is not going to go over well with the residents. It has nothing to do with us not spending money correctly. We settled the last agreement tonight with the Unions. We settled all the Union agreements and not one of them have a raise in them. After this year it will be six years without a raise. We have not said – hey, here you go comments could not be understood This City needs to run. And, we will continue to do the best we can. We have calls all day – we have calls to go and take care of complaints. We are there doing the best we can and we will continue to do that. I don’t want to get to the point where I have to lay off more people but if we don’t pass this levy we will have more services cut. Again,
comments could not be understood about the stadium. We can continue to blame the stadium – the stadium take a lot of money out of our fund – its 13 years – we have to move on. It is not going anywhere. Someone asked me why can’t we default on the stadium? We can’t default on the stadium like you can’t default on a college loan. If we said we were bankrupt and can’t pay our bills we would still have to pay those bonds – period. There is no getting away from paying for the stadium unless someone buys it. I joke everywhere I go – if someone gives me $13 million for the stadium it is theirs. Business people are not going to say here’s $13 million to pay off the stadium. They are not. I continue to do that every time I am out with a giant corporation – I say “Hey, would you like to buy a stadium?” comments could not be understood I got a letter this week from the Governor’s office about how proud they are that they have $800 million in surplus.” Well the $800,000 in surplus is part from the City of Eastlake – we have given about $3 million. The State is doing very well – I agree – but, it is unfair to cities, especially cities like ours. We will continue on the roads. Mr. Rubertino is calling T.C. Construction to see when they are going to start fixing the concrete roads. We are also working with Mr. Gwydir on his bid on the asphalt roads so we can start that. That concludes my report and I am open for questions.
Mrs. Quinn-Hopkins: There was an article in the paper about one of the houses being demolished and a couple was in the process – is there an update about what is going on with that? They were in the process of repairing that house – it was in the News Herald.
Mayor Morley: Which house – the one that 19 News did?
Mrs. Quinn-Hopkins: Maybe.
Mayor Morley: 19 News came in and interviewed. They put one side of the story. I really don’t want to discuss – I don’t want to go against the resident or non-resident about the old house we tore down. He basically was saying he was never told the house was being torn down. Obviously the City is not going to tear your house down without it. There are two sides to this story. The Law Director is handling that part of it. We did give him notice. We have records. 19 News actually had a records request before they ran the show – they ran the show and bashed the City and have not come back for two days to get their records request. The records request will show that the person -before the house was torn down – there was more than enough time to come and fix his house.
Mr. Klammer: Sounds accurate.
There were no further questions of Mayor Morley.
FIRE CHIEF – Ted Whittington
Chief Whittington: I appreciate Mr. Beres’ comments about the bridge. I am not sure what can be done when you have a closed lane like that. We can most certainly reinforce with my people the policies and procedures on how to react to emergencies. comments could not be understood The weekend went well. A lot of community involvement which always makes me happy and I think that helps get us back on track as a City. The fireworks were good. I want to address one more thing and it seems to be coming more of an issue that I talk to residents about – and for you guys with your constituents. I talked to the Council President today – there are a lot of people who when they call for the rescue squad want to be escorted to particular facilities. So, I think it needs to be stated publically and for you guys to pass on to your residents, a paramedic in Eastlake can only be a paramedic under a doctor’s license. That doctor is from Lake Health Hospital. He is our medical director. We follow his license, his rules, his policies and procedures, the hospitals policies and procedures. So, when Mrs. Smith wants to go to Hillcrest or Euclid we most certainly want to accommodate. The first thing we must do is ask for permission to do so. Our guys, as much as they are paramedics, that decision is not something they can make in the field. We understand there are a variety of reasons Mrs. Smith wants to go to another hospital and we do our best to accommodate her. That is the first step in the process – how sick is Mrs. Smith and if I take Mrs. Smith to Euclid and bypass Lake West and she passes away in the squad is the family going to say – why didn’t you take her to the closest hospital? There are a lot of things that happen on the front with our guys determining the level of severity of her illness and then allowing Lake West to give us permission to do so. Second of all and which may be more important is the City’s budget has given me so many personnel. That number has decreased significantly. I am sure everyone is aware of that. Now I have six people on duty and Mrs. Smith wants to go to Euclid, Hillcrest or downtown and we grant permission and I send three people downtown to Cleveland but at the same time Mrs. Jones has a heart attack and I don’t have enough people to take care of Mrs. Jones. Then Mrs. Jones is going to come to me and say how come are you allowing your people to go to Cleveland? It is a tedious process for me to manage the resources that are given to me. It is a complicated process. Someone will come into my office and say last week you took my neighbor to Hillcrest and two days later you would not allow me to go to Hillcrest and there has to be a reason for that – maybe because you had several calls going on at once. I always encourage if you to talk to a resident who has concerns and questions to send them to my office or have them call me and I will try to clarify it. It is not the issue of us not wanting to do that or provide that service. It is like the Mayor said as we dwindle in personnel it does affect people and services and if we cut more the level of services that people feel they are entitled to will continue to diminish. And for me that is how I try to manage it. I take my direction from the Mayor’s office and anytime I get a concern from a resident I will take it to him for some guidance and I certainly think that he wants me to manage my people as best I can but we also need to follow comments could not be understood. I am open for questions.
There were no questions of Chief Whittington.
POLICE CHIEF – Larry Reik
Chief Reik: I would like to thank Council and the Mayor for doing the swearing in. For the people we had it is a big deal. It does not take a lot of time and it is something you don’t have to do but it is very well appreciated. In regards to Mr. Beres it is different with rescue squads and police. Ideally the siren would be going the entire time. The problem with the siren going the entire time is during the call you are getting updates about a person leaving, the car, what is going on and where other people are at. It is difficult to hear at times without the siren going and even more so with it. When you are traveling with traffic you have to operate within comments could not be understood. If an officer gets in an accident and crosses the center line or runs through a red light he is not exempt from traffic laws. I tell the guys you really are not exempt from the laws of physics. We have to get their safely and usually use our sirens to get through intersections. Most and Fire have the Opticom so they have the green light anyway. I know when a car is coming up quickly and all of a sudden you look in your rear view mirror and an officer is there. They are waiting for the person to react – stop or slow down or pull over before they take their action. It is not always ideal. It is not an excuse. It is the way we operate. I do appreciate your bringing that to our attention. Like the Fire Chief said we have repetitive training on trying to ensure the guys are getting there as safely as possible for the residents who don’t want to wait when something is going on during an emergency. The officers won’t do any good if they don’t get their safely. I also want to thank Mr. Taubert for coming. Typically we get people who come to make a complaint and it gets fixed and we don’t see another person until they are here again making a complaint. It is nice to see that he took the time to come back and let us now that part of the work is being done and showing some improvement. I know Mr. Rubertino put a lot of time into it with the Mayor. We are doing our best to satisfy the complaints that come up. Just keep bringing stuff to our attention and we will go from there.
There were no questions of Chief Reik.
SERVICE DIRECTOR – Nick Rubertino
Mr. Rubertino was absent and excused.
CITY ENGINEER – Tom Gwydir
Mr. Gwydir: Thank you for your approval of Kalene Court. I am open for questions.
There were no questions of Mr. Gwydir.
FINANCE DIRECTOR – Mike Slocum
Mr. Slocum: As the Mayor referred to earlier the income tax for First Energy is collected by the State Treasurer. We do not have the authority to collect from them. The State usurped our authority about 12 years ago. Their returns are processed under the State laws and not necessarily our laws. First Energy has submitted to the State and the State has approved that we owe them a refund of roughly $180,000 which needs to be paid per the State by September 3rd or we have to pay interest. There is nothing for us to fight. There is nothing we can dispute. We don’t collect the returns. Money was remitted to us back in 2007-2008. They have now filed amended returns and we owe them money. The good thing is that they have not been paying us any money the last three years so 2008 will probably be the last year they will be doing any type of refund because they haven’t paid anything that has gone to the City. However, I did talk with the tax manager at First Energy and especially with how they are decimating the City with their plant closing here they have agreed that we can make the payments over 24 months starting in September. That would represent paying roughly $30,000 this year, $90,000 next year and $60,000 in 2016. I am open for questions.
Ms. Vaughn: How did the airplane flight go?
Mr. Slocum: Well, I took off.
Ms. Vaughn: And you came down? Did you enjoy it?
Mr. Slocum: I came down. I had a tremendous time. I did parachute jumping last Saturday.
Ms. Vaughn: He jumped out of a plane – pretty scary. I just wanted to make sure it went well.
Mr. Slocum: It really went tremendously. I am going to do it again.
Ms. Vaughn: Glad to see you here.
There were no further questions of Mr. Slocum.
LAW DIRECTOR – Randy Klammer
Mr. Klammer: I think I took up a lot of my time earlier trying to explain that procedure. I will get with the Mayor. It is a high priority. I can only tell you that tree things and Rally’s and those things take up a lot of his time so I will help him out wherever I can. Other than that the event with the fireworks was really a success. It was a pleasure to participate and I thank the Cities of Eastlake and Willowick. I am open for questions.
There were no questions of Mr. Klammer.
ADJOURNMENT INTO EXECUTIVE SESSION
Ms. Vaughn moved to adjourn into Executive Session for discussion of matters involving negotiations between the City of Eastlake and the Fraternal Order of Police, Ohio Labor Council, Inc., Patrolmen, Sergeants, Lieutenants, Dispatchers and Civilians and for discussion of matters involving the employment of a Chief Building Official. Ms. DePledge seconded.
ROLL CALL: Unanimous
Motion carried. The meeting was adjourned into Executive Session In compliance with O.R.C. Section 121.22, “Open Meeting Law” for discussion of matters involving negotiations between the City of Eastlake and the Fraternal Order of Police, Ohio Labor Council, Inc., Patrolmen, Sergeants, Lieutenants, Dispatchers and Civilians and for discussion of matters involving the employment of a Chief Building Official.
ADJOURNMENT BACK INTO REGULAR COUNCIL MEETING
Ms. DePledge moved to adjourn back to the Regular Council meeting. Mr. Hoefle seconded.
ROLL CALL: Yeas unanimous.
Motion carried. The Regular Council meeting is called back to order with Ms. Vaughn, Ms. DePledge, Mr. Licht, Mrs. Quinn-Hopkins, Mr. Evers, Mr. Hoefle, and Council President D’Ambrosio present.
MOTIONS
Legislation No. 07-08-(05)
Ms. Vaughn moved to add Legislation No. 07-08-(05) to the evening’s agenda authorizing and directing the Mayor and Director of Finance to enter into an Agreement with the Fraternal Order of Police, Ohio Labor Council, Inc.: Civilian Unit, Dispatchers’ Unit, Patrolmen, Sergeants, Lieutenants. Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation No. 07-08-(05) is added to the evening’s agenda.
Legislation No. 07-08-(06)
Ms. Vaughn moved to add Legislation No. 07-08-(06) to the evening’s agenda
amending Section 155.03,”Holidays,” of the Codified Ordinances of the City of Eastlake specifically Section 155.03(a). Ms. DePledge seconded.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation No. 07-08-(06) is added to the evening’s agenda.
LEGISLATION PROPOSED con’t.
RESOLUTION NO.: 07-08-(05)
Requested by: Administration A Resolution authorizing and directing the Sponsored by: Council Mayor and Director of Finance to enter into an Agreement with the Fraternal Order of Police, Ohio Labor Council, Inc.: Civilian Unit, Dispatchers’ Unit, Patrolmen, Sergeants, Lieutenants, 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. 2014-045.
DISCUSSION:
Mr. Slocum: With this legislation – we will not enter into that agreement until we get formal notification from the Unions that they have dropped their request for the 2013 wage reopener.
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ORDINANCE NO.: 07-08-(06)
Requested by: Administration An Ordinance amending Section 155.03,
Sponsored by: Council “Holidays,” of the Codified Ordinances of the
City of Eastlake, specifically Section 155.03(a),
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. 2014-046.
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Chief Building Official Appointment
MOTION
Mr. Klammer: I had the opportunity to talk with Mr. D’Ambrosio and Councilman Licht that they are fortunate to have had a close relationship with Mr. Menn over the years – not family related or business related. They had asked me if that was a problem and I gave an opinion to both of them that it was not. I have no objection to them voting on his appointment.
Ms. Vaughn moved to approve the Mayor’s appointment of David Menn to the position of Chief Building Official for the City of Eastlake. Mr. Evers seconded.
ROLL CALL: Yeas unanimous.
Motion carried. The Mayor’s appointment of David Menn as Chief Building Official for the City of Eastlake is approved.
Additional Comments:
Mr. Klammer: Mr. Slocum made the point that he wants the approval of the four weeks’ vacation unique to Mr. Menn. If there is no objection it is considered approved
There were no objections.
Ms. DePledge: Just a reminder that everything discussed in Executive Session is confidential and is not to be disseminated in any way, shape or form.
ADJOURNMENT
Motion carried. The meeting was adjourned at approximately 9:03 p.m.
______________________________________
JOE D’AMBROSIO, COUNCIL PRESIDENT
APPROVED: __________________________
ATTEST: _____________________________
DEBORAH A. CENDROSKI,
CLERK OF COUNCIL