EASTLAKE CITY COUNCIL

REGULAR COUNCIL MEETING MINUTES

OCTOBER 22, 2013

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. Morley at approximately 7:05 p.m.

The Pledge of Allegiance was led by Ms. DePledge.

ATTENDEES
Members of Council in attendance were Ms. DePledge, Mr. Licht, Mrs. Quinn-Hopkins, Ms. Vaughn, Mr. Hoefle, Mr. D’Ambrosio and Council President Mr. Morley. Also attending was Council Clerk Mrs. Cendroski.

Those attending from the Administration were Mayor Andrzejewski, Law Director Klammer, Finance Director Slocum and CBO McReynolds. City Engineer Gwydir was absent and excused.

APPROVAL OF MINUTES
Regular Council Meeting with adjournment into Executive Session – October 8, 2013

MOTION: Ms. Vaughn moved to approve the minutes of the Regular Council Meeting with adjournment into Executive Session of October 8, 2013. Mr. Licht seconded.

ROLL CALL: Yeas unanimous

Motion carried. The minutes were approved.
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COUNCIL PRESIDENT’S REPORT – Mr. Morley
Meetings Scheduled
Mr. Morley: The next Council-as-a-Whole Committee Meeting is scheduled for Tuesday, November 12, 2013 at 7:00 p.m. The Regular Council meeting will be convened immediately following the adjournment of the Council-as-a-Whole Committee meeting.

I know I do not have to remind everyone in the audience but this is our last meeting before the election. No matter your candidate or issue I stress – and I know all of you out there will – go out and vote on November 5th.

COMMUNICATIONS & PETITIONS
A Conditional Use Permit amendment and renewal recommendation from the Building
Department for Chagrin Lagoons Yacht Club, Inc, 35111 Halsey Drive, Eastlake. This was referred to Planning Committee – but we did discuss this item.

Mrs. Cendroski: When this was referred to Council I reviewed it and the only amendment on it would be that of the address – the Post Office had changed it from Lagoons Drive to Halsey Drive and since we are changing the address we have to get the new Commodore to sign it. Otherwise he would have just signed an Acceptance of Terms. Once we get his signature it will be placed on the Regular Council meeting agenda.

COMMITTEE REPORTS
Mr. Morley: Finance and Ordinance Committee meetings were held.

Finance Committee – Ms. Vaughn, Chair
Ms. Vaughn: The Finance Committee meeting was held Tuesday, October 15th with all members of Council present. In attendance from the Administration were Law Director Klammer, Finance Director Slocum, Service Director Semik, Police Chief Reik and Fire Chief Whittington. Under discussion that night was the lease agreement with the Jean Chase Memorial Fund, Inc. for use of the Community Center. We had some questions on the cleanup paragraph in the lease and we suggested some changes to the lease. This will be held until the issue is resolved. Right now it looks like they expect the City to help setting up and taking down equipment. This puts us in a more expensive position for overtime and sending workers down there so we would like this discussed with the lessee. It was my understanding they had no problem setting up and taking down equipment but I have not seen anything in writing. So, it is held in Committee.

Mr. Klammer: I still have to get with the Mayor on this. I promise I will.

Ms. Vaughn: We have time. But, I know there was discussion with her and she seemed to not have a problem with this change. The next item was a contract to replace the Fire Department roof and after considerable discussion it was recommended to forward the legislation which appears on the evening’s agenda as Legislation No. 10-22-(02). Also discussed was re-appropriation of the 2013 budget which was explained quite thoroughly by Finance Director Slocum and was recommended by the Committee to move forward as Legislation No. 10-22-(03). We also discussed the snow and ice package and a contract with Lake Tuck Sales & Service and the rescission of prior Resolution No. 2013-045 which appear on the agenda as Legislation No. 10-22-(05) and Legislation No, 10-22-(04). We also had an interesting discussion on dental insurance which is provided by contract to many of our employees. Mr. Slocum should be complimented because he found a way to save the City quite a bit of money by using a better dental plan for the employees. We are always looking for cost savings and finding adequate benefits for the employees. This was approved by Council so I will be making the following Motion:

AFSME Dental Coverage Contract
MOTION: I hereby move to authorize the Mayor and Director of Finance to enter into a Dental Insurance Contract for a 3-year period starting January 1, 2014 with AFSME to provide dental insurance coverage for the employees of the City of Eastlake. Mr. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

Motion carried. The AFSME Dental Coverage Contract is approved.

Ms. Vaughn: The Finance Director brought to our attention that we may have to refund $252,000 that we received in error – not our error – but a company that submitted it to Eastlake and did it in good faith found through their financial officers that it was not proper. Mr. Slocum, can you explain in better fiscal terms?

Mr. Slocum: Basically, a business was sold – they paid the tax from the profit of the sale however the sale of a business is not taxable income for the City of Eastlake. So, they put in for a refund of the tax they paid related to that sale.

Ms. Vaughn: So, the previously reported surplus we had might be reduced. I have nothing further to report and will not be scheduling a meeting until after the elections. If anything important comes up it can be discussed on Council-as-a-Whole on 11-12-13.

There were no questions of Ms. Vaughn.

Ordinance Committee – Mr. Hoefle, Mr. D’Ambrosio, Co-Chairs
Mr. Hoefle: The Ordinance Committee met on October 15th with all members of the Committee and Council present. In attendance from the Administration were Law Director Klammer, Finance Director Slocum, Police Chief Reik and Fire Chief Whittington. One item was on the agenda – an amendment to Section 751.07 “Inspections before Licensing Vehicles; Rules.” This was at the suggestion of Chief Reik and recommended the inspections of taxi cabs be changed from our Department doing the inspections to that of the Ohio State Patrol. They have their own units that can conduct the inspections of the vehicles. I have nothing further to report.

There were no questions of Mr. Hoefle.

Economic & Community Development Council – Mrs. Quinn-Hopkins, Chair
Mrs. Quinn-Hopkins: We have three members with terms that are expiring the end of the month so I would like to make the following re-appointment Motions:

Economic & Community Development Council Re-Appointments
Rhonda Y. Butler
MOTION: I hereby move to re-appoint Rhonda Y. Butler, 27600 Chardon Road, Willoughby, Ohio to the Eastlake Community Economic Development Council, representing the Willoughby Western Lake County Chamber of Commerce, for the term ending October 31, 2018. Ms. Vaughn seconded.

ROLL CALL: Yeas unanimous.

Motion carried. Rhonda Y. Butler is reappointed to the Economic Community Development Council for the term ending October 31, 2018.

Mark Cain
MOTION: I hereby move to re-appoint Mark Cain, 20 River Drive, Eastlake, Ohio to the Eastlake Community Economic Development Council for the term ending October 31, 2018.
Mr. Hoefle seconded.

ROLL CALL: Yeas unanimous.

Motion carried. Mark Cain is reappointed to the Economic Community Development Council for the term ending October 31, 2018.

Domineck DiFranco
MOTION: I hereby move to re-appoint Domineck DiFranco, 35886 Lakeland Blvd., Eastlake, Ohio for the term ending October 31, 2018. Ms. Vaughn seconded.

ROLL CALL: Yeas unanimous.

Motion carried. Mark Cain is reappointed to the Economic Community Development Council for the term ending October 31, 2018.

Mrs. Quinn-Hopkins: We are changing our meeting nights from the third Wednesday of the month to the third Thursday of the month.

Eastlake Port Authority Liaison – Ms. DePledge
Ms. DePledge: I made some changes go the Motion. In the second line after “2014 payment” I included “and subsequent annual payments if any” because we don’t know how the budgets will continue to go and if we will continue to give them money. But, the thought behind this Motion was that it would be an ongoing thing we would not have to come back every year and ask again and again. On the third line where it says “payment from the City of Eastlake to the Eastlake Port Authority of $6,000 dollars upon appropriation” I changed to it “as appropriated in each year’s annual budget and payable to the Eastlake Port Authority by April 30th of each year.” That way if there is money appropriated in the budget the Finance Director knows he has the authority to pay them and the Port Authority will know they are going to get it in the spring when they need it the most and we won’t have to keep going back and doing this again and again. I think this is what we talked about in Committee and it comes as no surprise to anyone.

Port Authority Payment Authorization
MOTION: I hereby move to approve the 2013 payment from the City of Eastlake to the Eastlake Port Authority in the amount of $6,000 and to further approve the 2014 payment and subsequent annual payments, if any, from the City of Eastlake to the Eastlake Port Authority as appropriated in each year’s annual budget and payable to the Eastlake Port Authority by April 30th of each year. Said funds to be taken from account #101.860.5410. Mr. Licht seconded.

ROLL CALL: Yeas unanimous.

Motion carried. The payments to the Eastlake Port Authority are approved.

Mayor Andrzejewski: Ms. DePledge, in the past we asked that the Port Authority provide us with a detailed accounting of what they spent the money on. Will that be required in this too?

Ms. DePledge: It was not part of the Motion but I know they have done it and it has always been used for dredging. We used to provide them up to $50,000-$60,000 to help with the dredging and it has been cut down every year. The cost of dredging continues to increase every year and we continue to cut the funding.

Mayor Andrzejewski: It has been $6,000 for the last seven or eight years.

Ms. DePledge: They said they used to get a lot more. It always goes for dredging. They don’t use it for anything else. The dredging budget is huge and is the biggest expense they have. I suppose if anyone wanted to check their books are open as well.

RECOGNITION OF THE PUBLIC
Mr. Morley 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 2013-061
ORDINANCE NO.: 10-22-(01)
Requested by: Police Chief Reik  

Sponsored by:  Ordinance Committee

An Ordinance amending Section 751.07

Ordinance Committee “Inspection before Licensing Vehicles; Rules”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. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

MOTION: Mr. Hoefle moved to adopt. Mr. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Ordinance No. 2013-061.
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RESOLUTION NO.: 10-22-(02)
Requested by: Administration

Sponsored by: Finance Committee 

A Resolution authorizing and directing the Mayor and Director of Finance to enter into a Contract with A & I Roofing, the lowest, best and most responsible bidder, for roof repairs to the Eastlake Fire Department structure for the total amount of Twenty-Four Thousand Nine Hundred Ninety-Five Dollars ($24,995.00), and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Mr. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

MOTION: Ms. Vaughn moved to adopt. Mr. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2013-062.
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ORDINANCE NO.: 10-22-(03)
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, 2013 and ending December 31, 2013, and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Mr. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

MOTION: Ms. Vaughn moved to adopt. Mr. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Ordinance No. 2013-063.
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RESOLUTION NO.: 10-22-(04)
Requested by: Service Director Semik

Sponsored by: Finance Committee

A Resolution rescinding Resolution No. 2013- 045, adopted June 11, 2013, and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Mr. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

MOTION: Ms. Vaughn moved to adopt. Mr. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2013-064.
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RESOLUTION NO.: 10-22-(05)
Requested by: Service Director Semik

Sponsored by: Finance Committee

A Resolution authorizing and directing the  Mayor and Director of Finance to enter into a Contract with Lake Truck Sales and Service, Inc., the lowest, best and most responsible bidder, for the purchase of a Snow and Ice Package for a 2014 Mack Truck for an amount not to exceed Sixty-Five Thousand Nine Hundred Seventy-Five Dollars ($65,975.00),
for the City of Eastlake Service Department, and declaring an emergency.
MOTION: Ms. Vaughn moved to suspend the rules requiring separate readings and
reading in full. Mr. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

MOTION: Ms. Vaughn moved to adopt. Mr. D’Ambrosio seconded.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2013-065.
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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 – Ted Andrzejewski
Mayor Andrzejewski: The candidate and issues forum that was held on Monday is now on Channels 12 and 99. It runs continuously because that is the only way it could be placed on there. It is an hour and one half program and will run continuously. We would have had to program everything in there. The normal Mayor’s corner runs 20-30 minutes. In regards to the bingo everything has been worked out. We asked bingo, in return for not increasing their rent, if they would do the set up and take down of the chairs and clean up afterwards. They agreed. We always had a part-time custodian but every once in a while the custodian did not show up and we had to use one of our guys. The part-time custodian is still on the books but we will use him to open and close the doors and do more clean-up at the Senior Center. We will change the line in the agreement that says the City is responsible for set up and take down and Jean Chase will do it. We need a point of clarification on this tax thing that was brought up. Company A – we approved as part of the tax budget $115,000 as what we expected from that company. They actually have paid $154,000 so we are $40,000 ahead as far as our tax budgeting. What they did was to overpay and we refunded them – just like what the Federal Government does when you pay your taxes ahead of time. Mr. Slocum, I have one question – the surplus was brought up – in your opinion the $600,000 surplus that we projected in the beginning of the year – will that still hold true at the end of the year?

Mr. Slocum: As I reported last week. I said I still believed we would make that.

Mayor Andrzejewski: Thank you. With that I conclude my report.

Mr. Licht: A couple of things. First, the Community Center – last Tuesday we talked with Service Director Semik about the doors being unlocked – both sets of doors. He agreed that they should both be open. When I was there last Saturday for my daughter’s gymnastics the second set of doors was not unlocked. If you could follow up with him to make sure they are unlocked.

Mayor Andrzejewski: I will mention it to him. Feel free to send him an email.

Mr. Licht: The other thing – the sign on the corner of Lakeshore Blvd. and S.R. 91 – it says Channel 66 instead of Channel 99.

Mayor Andrzejewski: One of the guys put it upside down. I did not see it – my son told me on his way home. That will be corrected.

Mr. Licht: Lastly, Finance Director Slocum, you had mentioned before that it would be an $800,000 surplus – is this $200,000 now the reason why it is at $600,000?

Mr. Slocum: That is why it is $600,000.

Ms. Vaughn: Mayor, what is going on with the sign at S.R. 91 and Vine Street?

Mayor Andrzejewski: We’re getting there.

Ms. Vaughn: I asked you before…

Mayor Andrzejewski: We are getting there.

Mr. Morley: You do not have to raise your voice to her.

Mayor Andrzejewski: I didn’t. We just today found a gentleman who will help us learn more about how to program it.

Ms. Vaughn: Perhaps someone with IT experience could help the ladies.

Mayor Andrzejewski: It is not an IT problem. It is a little bit of a chore to learn how to put the data in and get it on the sign. It is not a programming problem. It is not a computer glitch. It is learning how to program it. The gentleman will come in to assist us in learning how to program the sign.

Ms. Vaughn: Good, I look forward to seeing some information on the sign other than the date.

Mr. Morley: I would like to read into the record the Finance Committee minutes of October 15th regarding this tax refund – this is from Mr. Slocum:

“Mr. Slocum: We are potentially looking – and there will be some dollar amount but I am not sure how much exactly – we reported earlier this year that a company made a surprise payment in the amount of $325,000 to us. Well, they have now put in for a refund in the amount of $252,000. The reason for the refund is that they misinterpreted what was taxable. The business was sold and they were reporting what they paid based on the profit of the sale. However, those are capital gains which are not subject to City tax and once they got with their tax accountants and they saw it and told them.

Mr. D’Ambrosio: So, do we owe them the money?

Mr. Slocum: My brother is a tax CPA and I am having him look at the return because there is some depreciation recapture that amounts to cutting a refund down to about $15,000. I believe we will probably be in the neighborhood of about $250,000. The good thing with this company is they paid more this year than last year. But, we still have to make the refund. The company was sold but is still operating and doing well. Things should continue.

Ms. Vaughn: So, our big surplus everyone talked about will not be quite that big.

Mr. Slocum: It will definitely affect the year to date surplus. Where we had been positive year to date we will now be slightly negative. I think we are still in a position depending on the last couple of months that we could still make budget. We will see.

Ms. Vaughn: We hope so because we need that money for next year.”

Mr. D’Ambrosio: Mayor, I sent you and Mr. McReynolds an email and you both responded. Have you heard anything else about the exits or entrance and the cut through for WalMart?

Mayor Andrzejewski: As I put in the email to you WalMart engineers have the plan on paper and it is up to them to go out for bid and do the work.

Mr. D’Ambrosio: What is the possibility of that getting done this year?

Mayor Andrzejewski: I hesitate to give dates because people hold you to them.

Mr. D’Ambrosio: That is fine. It is just that some of the residents have asked.

Mayor Andrzejewski: I personally spoke to the engineers and that is where I got the information. Mr. Gwydir has been on this. The store manager wants it as soon as possible. It is really in WalMart’s control. That is why I emailed that everything is proceeding – there have been no changes in the plan or any rejection of the plan.

Ms. Vaughn: Does that include the property next to them – for that cut through. I had a resident ask me if they were putting a cut through between Drug Mart and WalMart?

Mayor Andrzejewski: That always was part of the plan. There were two parts – one was from the old WalMart to the new WalMart – that will help when people are turning left onto Vine Street and the other part is the two entrances onto Vine Street.

LAW DIRECTOR – Randy Klammer
Mr. Klammer: Mr. Slocum has reported to me that he and Mr. Miller have spoken with the Special Prosecutor regarding the Radisson enforcement action. Apparently we received the Timberlake payment which I only had a small role in. We are still working through the plaza payment but I understand the Mayor and Mr. Semik are working on getting some arrangements for getting the plaza maintenance on a different schedule for next year – I will work on the rent part of it this next week. I am open for questions.

There were no questions of Mr. Klammer.

FINANCE DIRECTOR – Mike Slocum
Mr. Slocum: As I distributed yesterday to Council and the Mayor we had the bid openings for the Service Department housekeeping supplies. I have talked with Mr. Semik today and he will be making recommendations very shortly and I would appreciate it if we could have it on Council-as-a-Whole Committee at our next meeting. I think it is pretty standard what we are going after. I am open for questions.

There were no questions of Mr. Slocum.

SERVICE DIRECTOR – Mike Semik
Mr. Semik was absent.

CITY ENGINEER – Tom Gwydir
Mr. Gwydir was absent and excused.

CHIEF BUILDING OFFICIAL – James S. McReynolds
Mr. McReynolds: There is no report from the Building Department this evening. I am open for questions.

Mr. D’Ambrosio: The second part of that email and I believe you both responded. It said there was a guy going door to door trying to buy properties on East 337th Street from Eastlake Marathon to a couple of houses on the west side of the street heading south. It is zoned retail business. Have you heard of anyone who is trying to do anything over there?

Mr. McReynolds: No, I haven’t. However, Mr. Semik would be alerted if there are any requests for point of sale. I have not been alerted to anything in that area. Maybe he is just looking around. If there is a point of sale ordered then Mr. Semik would be notified.

Mr. D’Ambrosio: I know he has been to Eastlake Marathon and a couple of residents next to and behind the Eastlake Marathon. I told the residents his first move would be to see if he could acquire the property before he would come to the City.

Mayor Andrzejewski: No one has approached the Mayor’s office.

Mr. McReynolds: As you said, it could be a fact finding mission for him and once he gets his ducks in a row he will make a move. We have not heard anything.

Mayor Andrzejewski: They would want to keep that low key.

Mr. D’Ambrosio: It is not low key now – people are calling me.

There were no further questions of Mr. McReynolds.

POLICE CHIEF – Larry Reik
Chief Reik was absent and excused.

FIRE CHIEF – Ted Whittington
Chief Whittington was absent and excused.

ADJOURNMENT
The meeting was adjourned at approximately 7:33 p.m.

______________________________________
DENNIS MORLEY, COUNCIL PRESIDENT

APPROVED: __________________________

ATTEST: _____________________________
DEBORAH A. CENDROSKI,
CLERK OF COUNCIL