Regular Council Meeting Minutes from September 12, 2017
EASTLAKE CITY COUNCIL
REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 12, 2017
The Regular Meeting of the Eastlake City Council was held at Eastlake City Hall, 35150 Lakeshore Boulevard. The Meeting was called to order by Council President Ms. DePledge at approximately 7:07 p.m.
The Pledge of Allegiance was recited.
ATTENDEES
Members of Council in attendance were Mr. Zuren, Mr. Meyers, Mr. Kasunick, Mr. Spotton, Mr. Evers, Mr. Hoefle and Council President Ms. DePledge. Also in attendance was Council Clerk Mrs. Simons.
Those attending from the Administration were Mayor Morley, CBO Menn, City Engineer Gwydir, Finance Director Schindel and Law Director Klammer. Fire Chief Whittington, Police Chief Reik and Service Director Rubertino were absent and excused.
Ms. DePledge: If anyone is recording this meeting, as courtesy to the public, will you please identify yourself so that the fellow attendees know they are being recorded.
APPROVAL OF MINUTES
Regular Council Meeting –July 11, 2017.
MOTION: Mr. Evers moved to approve the minutes from July 11, 2017. Mr. Hoefle second.
Motion carried. Minutes are approved.
Regular Council Meeting – August 22, 2017
Ms. DePledge: Mr. Evers moved to approve the minutes from August 22, 2017. Mr. Hoefle second.
Motion carried. Minutes are approved.
COUNCIL PRESIDENT’S REPORT – President Ms. DePledge
Meetings Scheduled
Ms. DePledge: The next Council-as-a-Whole Committee Meeting is scheduled for Tuesday, September 12, 2017 at 7:00 p.m. The Regular Council meeting will be convened immediately following the adjournment of the Council-as-a-Whole Committee meeting. This pasted Sunday we had the 9/11 Remembrance Commemorative Service. If you did have an opportunity to attend it is an incredibly moving service. This year our Mayor, Fire Chief and Police Chief gave speeches that were very point ant and very relevant. It was very well received by everybody who attended. I thank our Veterans and our Service Department for making it one of the finer things to happen in Eastlake. It really is…Memorial Day, Labor Day, 9/11 Ceremony and our Veterans Ceremony in November are always very special.
There were no questions for Council President DePledge.
COMMUNICATIONS & PETITIONS
- A communication from CBO Menn authorizing the City of Eastlake to Proceed with the Demolition of an Unsafe Structure located at 523 Campers Drive.
Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.
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A communication from CBO Menn authorizing the City of Eastlake to Proceed with the Demolition of an Unsafe Structure located at 1340 East 340th Street.
Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.
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A communication from CBO Menn for the issuance of a Conditional Use Permit to Richard Lancaster to build an Accessory Building.
Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.
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A communication from Finance Director Schindel certifying that there are unpaid bills owed to the City of Eastlake.
Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.
- A communication from Finance Director Schindel accepting the amounts and rates determined by the Budget Commission.
Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.
- A communication from Finance Director Schindel to reappropriate for the expenses beginning on January 1, 2017 and ending on December 31, 2017.
Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.
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A communication from Law Director Klammer regarding the Fatur v. City of Eastlake Settlement.
Ms. DePledge: This was discussed in Council-As-A-Whole and it will be added to this evening’s agenda.
COMMITTEE REPORTS
Ms. DePledge: A Finance Committee Meeting was held since our last Regular Council Meeting. Chairman Evers do you have a report?
Mr. Evers: Thank you Madam President. The Finance Committee did meet and we had one major item on the agenda and it was the findings from the Committee on a Mayor’s Court. Before I go any further I would like to thank Mr. Kasunick and his group. They did an extensive job. The report is approximately 250 pages long. It is going to take us some time to go through everything and to look at everything. We will be scheduling more meetings in the future. That concludes my report and I am open for questions.
There were no questions for Mr. Evers.
Ms. DePledge: Mr. Zuren has had several ECDC Meetings and there are some new events that are coming up. Mr. Zuren would you like to talk about them?
Mr. Zuren: Thank you Madam President. First I wanted to start with announcing a City of Eastlake Ward 1 and Ward 4 Meeting that will be held at Classic Park in one of the picnic areas. We are asking residents and businesses to give us your ideas on how to make our city better. After the meeting the Captains will give a tour of Classic Park. It will be the guts of the park located underneath were no one gets to see in the batting cage area. I would also like to thank Council and the Mayor for supporting the effort in Eastlake for hurricane relief. We will be taking the donations to the Greater Cleveland Food Bank tomorrow afternoon. They have a semi truck set to go to Houston. We are just going to give the items directly to them and they are going to take them from there. So thank you to everybody who contributed anything towards that. It is greatly needed. This is out of the ECDC Committee and I just wanted to announce that we do have a “Taste of Eastlake-Willowick” that is set for October 29. That is the early Browns Football game where they are in London. So we set it for that date at 12:00 p.m. to 3:00 p.m. The game is actually at 9:30 a.m. so it will be wrapping up when this starts. It will be the same as last time. A free sample of food at each restaurant, there are nine restaurants that are currently signed up. There were seven more that were highly interested. I also want to thank Council President Ms. DePledge, Ms. Kornaticho, and Mr. Young for donating…sponsoring the event. With that I am open for questions.
There were no questions for Mr. Zuren.
MOTION
MOTION: Mr. Spotton moved to add Legislation No. 09-12-(01) to this evening’s agenda a Resolution Authorizing the City of Eastlake to Proceed with the Demolition of an Unsafe Structure at 523 Campers Drive and located in Eastlake, Lake County, Ohio, and to request the Assistance and Cooperation of the Lake County Land Reutilization Corporation in affecting the same. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
Motion carried Legislation No.: 09-12-(01) is added to this evening’s agenda.
MOTION: Mr. Spotton moved to add Legislation No. 09-12-(02) to this evening’s agenda a Resolution Authorizing the City of Eastlake to Proceed with the Demolition of an Unsafe Structure at 1340 East 340th Street and located in Eastlake, Lake County, Ohio, and to request the Assistance and Cooperation of the Lake County Land Reutilization Corporation in affecting the same. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
Motion carried Legislation No.: 09-12-(02) is added to this evening’s agenda.
MOTION: Mr. Meyers moved to add Legislation No. 09-12-(03) to this evening’s agenda an Ordinance authorizing the issuance of a Conditional Use Permit to Richard Lancaster to build an Accessory Building, at 35591 Roberts Road, Eastlake, Ohio, 44095. Mr. Spotton second
ROLL CALL: Yeas unanimous.
Motion carried Legislation No.: 09-12-(03) is added to this evening’s agenda.
MOTION: Mr. Kasunick moved to add Legislation No. 09-12-(04) to this evening’s agenda a Resolution certifying that there are unpaid bills owed to the City of Eastlake, and authorizing and directing the Lake County Auditor to place these bills on the tax duplicate for collection of payment. Mr. Evers second.
ROLL CALL: Yeas unanimous.
Motion carried Legislation No.: 09-12-(04) is added to this evening’s agenda.
MOTION: Mr. Evers moved to add Legislation No. 09-12-(05) to this evening’s agenda a Resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary Tax Levies and certifying them to the County Auditor. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
Motion carried Legislation No.: 09-12-(05) is added to this evening’s agenda.
MOTION: Mr. Evers moved to add Legislation No. 09-12-(06) to this evening’s agenda an Ordinance to reappropriate for the expenses of the City of Eastlake, State of Ohio, for the period beginning January 1, 2017 and ending December 31, 2017. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
Motion carried Legislation No.: 09-12-(06) is added to this evening’s agenda.
MOTION: Mr. Zuren move to add Legislation No. 09-12-(07) to this evening’s agenda a Resolution authorizing and directing the Mayor, Director of Finance and Director of Law, on behalf of the City of Eastlake, to enter into a Settlement Agreement with Richard Fatur, Lake County Case Number 05CV001922, in the amount of Seven Thousand Five Hundred Dollars ($7,500.00), in exchange for a full release of claims against all defendants. Mr. Evers second.
ROLL CALL: Yeas unanimous.
Motion carried Legislation No.: 09-12-(07) is added to this evening’s agenda.
RECOGNITION OF THE PUBLIC
Ms. DePledge recognized the public input at this time; she reminded the speakers that there is a 3-minute limit for their comments; all comments are to be directed to the Chair and not include any personalities or individuals.
Jerry Bularz, VFW Post #3863/American Legion #678
Mr. Bularz: Thank you Madam President, Mayor, Council and residents. I am here tonight for is that our particular post in Eastlake has been fielding calls by our Canteen Manager on Veterans Benefits. So what I would like to do is to…I have business cards and I am a Service Officer at the post. I am also a District Service Officer. What I have now is the go between the veteran and their benefits, what they are entitled to possibly, and a National Service Officer downtown who studies…anywhere up to a year or two years of the laws, rules and regulations that the VA puts out for benefits for Veterans. Now I will say and I have said it a million times the VA is not a welfare system, but there is a myriad of benefits for veterans that are eligible. Depending on the veteran’s status, injuries sustained during their time in can play into whether or not they are eligible for certain benefits. So my biggest point here tonight is that I would like to…instead of having the people call into our post I would like them to call me. Because I can sit down with them at their convince and explain to them what they may or may not be eligible for. If not send them in the right direction for them to get the answers that they seek. So I have business cards if anybody is interested. To get into specifics would take too long and I understand that we are on a time frame. Are there any questions on anything as far as Veteran’s Benefits? Like I said there is a lot that…disability ratings, whether or not you are eligible and if your family is eligible for what happen at Camp LaJune, we are all aware of the water supply. There is a Veteran’s Service Commission here in Lake County located in Painesville. Just be advised they cannot represent a veteran when they get a letter from VA saying your scheduled for a hearing downtown. Veteran’s Service Commission Officer cannot represent that veteran in that hearing. It has to be a National Service Officer from one of the Veteran’s Organizations. It can be Disabled American Veterans, American Legion, Veterans of Foreign Wars, or AM Vets. There are probably one or two more…Vietnam Veterans of America can represent you. So are like I have said a myriad of benefits available. I am here to help and shall we say that our veterans here in Lake County get the benefits that they deserve. Hopefully if I can help one person I feel like I’ve done my job.
Ms. DePledge: I am sorry I thought that you were finished. Why don’t you give us your business card and we will keep it in the Clerk’s Office and if any of the Council Members need that reference we will have it and we will be able to get in touch with you.
Mayor Morley: I think that what we talked about before if you give me something in writing I can put it in one of my articles, with your information. The Gazette that goes out every month and obviously the VFW 3863 is in Eastlake, they are near and dear with us. We always work together with them and Commander Weber. As usual with all of the things that we do outside we thank you all for your service and everything that you do for us.
Mr. Bularz: That’s what we do. We take care of our own. As the old saying goes “we don’t leave any of ours behind or try not to.” So as Mr. Rydzinski pointed out…we were talking beforehand. What was it about the one year versus the six years?
Mr. Rydzinski: Depending on what they are applying for depends on their window of eligibility; whether it’s one year or six years.
Mr. Bularz: Again not being…the VA has to make that determination. But our National Service Officers can help you with that, if they train for laws that regulate us. It is like all of the laws that you have here in Eastlake. That is why I say if you have a problem please contact me. I don’t mind if you call our Canteen Manager, but it’s not her expertise. Then she has to call me when she has the time. By the time…it’s not too late, but if we can expedite getting a case settled that’s why I’m here.
Ms. DePledge: Thank you very much for all of that information. If you want to give us your business card it will become a resource for us here at City Hall. We appreciate you coming forward tonight and certainly appreciate…what is going to happen is she will keep in on record and if anybody needs it we will always have it. Does anybody else want one? You want a stack or do you just want one?
Mr. Evers: A stack.
Ms. DePledge: Thank you for your service and thank you for coming tonight.
There was no one else who wished to speak.
LEGISLATION PROPOSED – First number will be 2017-068
(IF ADDED)
09-12-(01) RESOLUTION NO.: __________
Requested by: Administration
Sponsored by: Council
A Resolution Authorizing the City of Eastlake to Proceed with the Demolition of an Unsafe Structure as listed herein and located in Eastlake, Lake County, Ohio, and to request the Assistance and Cooperation of the Lake County Land Reutilization Corporation in affecting the same, and declaring an emergency.
MOTION: Mr. Spotton moved to suspend the rules requiring separate readings and reading in full. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Spotton moved to adopt. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No.: 2017-068.
09-12-(02) RESOLUTION NO.: __________
Requested by: Administration
Sponsored by: Council
A Resolution Authorizing the City of Eastlake to Proceed with the Demolition of an Unsafe Structure as listed herein and located in Eastlake, Lake County, Ohio, and to request the Assistance and Cooperation of the Lake County Land Reutilization Corporation in affecting the same, and declaring an emergency.
MOTION: Mr. Spotton moved to suspend the rules requiring separate readings and reading in full. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Spotton moved to adopt. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No.: 2017-069.
09-12-(03) ORDINANCE NO: ___________
Requested by: Planning Commission
Sponsored by: Council
An Ordinance authorizing the issuance of a Conditional Use Permit to Richard Lancaster to build an Accessory Building, at 35591 Roberts Road, Eastlake, Ohio, 44095, and declaring an emergency.
MOTION: Mr. Meyers moved to suspend the rules requiring separate readings and reading in full. Mr. Spotton second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Meyers moved to adopt. Mr. Spotton second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No.: 2017-070.
09-12-(04) RESOLUTION NO.:__________
Requested by: Finance Director Mrs. Schindel
Sponsored by: Finance Committee
A Resolution certifying that there are unpaid bills owed to the City of Eastlake, and authorizing and directing the Lake County Auditor to place these bills on the tax duplicate for collection of payment, and declaring an emergency.
MOTION: Mr. Kasunick moved to suspend the rules requiring separate readings and reading in full. Mr. Evers second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Kasunick moved to adopt. Mr. Evers second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No.: 2017-071.
09-12-(05) RESOLUTION NO.: _______________
Requested by: Finance Director Schindel
Sponsored by: Council
A Resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary Tax Levies and certifying them to the County Auditor, and declaring an emergency.
MOTION: Mr. Evers moved to suspend the rules requiring separate readings and reading in full. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Evers moved to adopt. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No.: 2017-072.
09-12-(06) Ordinance No.: _______________
Requested by: Finance Director Schindel
Sponsored by: Finance Committee
An Ordinance to reappropriate for the expenses of the City of Eastlake, State of Ohio, for the period beginning January 1, 2017 and ending December 31, 2017, and declaring an emergency.
MOTION: Mr. Evers moved to suspend the rules requiring separate readings and reading in full. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Evers moved to adopt. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No.: 2017-073.
09-12-(07) RESOLUTION NO.:_______________
Requested by: Law Director Mr. Klammer
Sponsored by: Council
A Resolution authorizing and directing the Mayor, Director of Finance and Director of Law, on behalf of the City of Eastlake, to enter into a Settlement Agreement with Richard Fatur, Lake County Case Number 05CV001922, in the amount of Seven Thousand Five Hundred Dollars ($7,500.00), in exchange for a full release of claims against all defendants, and declaring an emergency.
MOTION: Mr. Zuren moved to suspend the rules requiring separate readings and reading in full. Mr. Evers second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Zuren moved to adopt. Mr. Evers second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No.: 2017-074.
LEGISLATION PENDING:
There was no Legislation Pending.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
There was no New Business.
ADMINISTRATIVE REPORTS:
MAYOR/SAFETY DIRECTOR – Dennis Morley
Mayor Morley: Thank you Madam President and welcome everyone to this evenings meeting. That concludes my report and I am open for questions. Thank you Council for Okaying the settlement of a fourteen year law suit it has been a long time coming. As Council President DePledge said about the 9/11 Ceremony that we had on Sunday and I don’t know if anyone has seen the Fox 8 drown. They had a drown here on 9/11 and it went around all of City Hall and it is amazing how City Hall looks from above. If you get a chance go on Fox 8 News and pull up the drown for that. Also on the land back State Representative John Rogers, which is the Chair of the Land Bank, they contact me and they have two properties that they own that they are looking to demolish. One is on 337th Street, which is across from Wal-Mart and the other one is on East 343rd Street, which is north of Vine Street. So he is going to be looking at that. Circle K and I don’t know if you notice on 357th Street they put the fence around there and they are going to start the demolition of the building. Hopefully they will be up in the fall. It is 120 day build. For those that don’t know Circle K on 357th Street will be a gas station and a store. It will be similar to the one Lakeshore Blvd. in the Surfside area. I got another email before I came out today and as everyone know we’ve talked about that we are trying to fill the old Wal-Mart with a very nice company that will be moving in there. I got an email today that the easements that DrugMart is ready to sign off on also. So we get closer and closer to that happening and we will be excited when we can announce that company. Also to hopefully know some things about another building that is on Rt. 91 that may be filled and again we are waiting for a couple more weeks to know if that building will be full. I would like to thank…Mr. Zuren contacted Wal-Mart for the hurricane relief and Ms. Brady, who is one of our residents, if you notice in the back we have diapers. We were here from 10:00 a.m. to 2:00 p.m. on Saturday to collect and they will be going to one of the churches. I met with Mayor Anderson this morning about some lot splits on Erie Road, the Port Authority had been talking to and Councilman Kasunick…on trying to do some things in that area for improvements with the ADA boat ramp. Mayor Anderson gave me some of their concerns today. I met with Mr. Cane to look at the lot splits a little harder. Mr. Rubertino and everyone have been out trying to get some of the other road repairs before the fall comes and we can’t do them. So they have been doing a lot of the hot box repairs. Some of the streets that were just repaired now we are trying to get ready for the winter. Hopefully none of us want to talk about the winter, but we all know that it is coming so we are trying to be proactive on that. I also received and I am going to take a look at it and talk to the Law Director also…from the Lake County General Health District they are asking us to raise the smoking in Eastlake and the County to the age of 21 instead of the age of 18. So there is an abundance of law and an abundance of paperwork so I will sit down with the Law Director before I send it over to take a look at it. If that is even what we want to do. I received that today. That concludes my report and I am open for questions.
There were no questions for Mayor Morley.
FIRE CHIEF – Ted Whittington
Chief Whittington was absent and excused.
There were no questions for Chief Whittington.
POLICE CHIEF – Larry Reik
Chief Reik was absent and excused.
There were no questions for Chief Reik.
CHIEF BUILDING OFFICIAL – David Menn
Mr. Menn: I just want to say thank you for your support tonight on the three items.
There were no questions for Mr. Menn.
SERVICE DIRECTOR – Nick Rubertino
Mr. Rubertino was absent and excused.
There were no questions for Mr. Rubertino.
CITY ENGINEER – Tom Gwydir
Mr. Gwydir: Thank you Madam President, Members of Council, and Mayor. On East 344th Street the last bit of concrete was poured today and the landscaping and clean up will be the rest of this week. With that I am open for questions.
Ms. DePledge: Mr. Evers?
Mr. Evers: Mr. Gwydir could we have an update on Quentin Road please?
Mr. Gwydir: Are you talking about the Equalization Basin? They are currently getting ready to do a major pour tomorrow. They will be going down Lakeshore Blvd….police have been hired from Eastlake too control the traffic. There will be a new generator there that is getting ready to be installed. They are heading for completion somewhere in mid February.
There were no questions for Mr. Gwydir.
FINANCE DIRECTOR – Carol-Ann Schindel
Ms. Schindel: Thank you. Last week we had the insurance adjustor as well as the forensic expert that he brought in…and we did a giant tour of all the facilities. We went in and looked at all the burn marks on the equipment. They understand the urgency. They talked to people that were actually here at the time of the lightning strike. I know that they did some phone calls on Friday to outside vendors, because I got a phone call from somebody. So that means that they are working on it, but I really can’t tell you how fast or slow this process will take. But they understand that we are in desperate need of some phone systems and of 911 and dispatch to work properly. They fully understand that Willoughby is still helping us out. I will let you know more, but today that’s where I’m at.
There were no questions for Ms. Schindel.
LAW DIRECTOR – Randy Klammer
Mr. Klammer: Thank you Madam President, Members of Council and Mayor. Thank you for the resolution of Mr. Fatur’s matter and I am open for questions.
There were no questions for Mr. Klammer.
Mayor Morley: I just want to add for the people who are in the audience. What Ms. Schindel was talking about the lightning strike we still are out without voicemail, 911 services, and our 911 service is going through Willoughby. I thanked Mayor Anderson today about that. The insurance…we are hoping to move them along and my goal is…it’s going to be…even if we get the 911 okay it will be thirty day build and installation. The rest of City Hall will be after that. Our main goal is to get 911 back up and running. It’s been frustrating and Ms. Schindel’s department especially, and building are taking all of the calls. All of the calls go through the Finance Department. The problem is now if we want to send it over to the Service or another building it just rings and rings. It comes to my office and just rings and rings if I’m not here or on the other line. Some of our residents are frustrated just like we are frustrated. We are hoping that everyone has the patience and we will get through it. Thank you.
ADJOURNMENT
The meeting was adjourned at approximately 7:39 p.m.
_______________________________________________
KIMBERLY EVERS, ACTING COUNCIL PRESIDENT
APPROVED: ______________________
ATTEST: _____________________________________
TRACY M. SIMONS, CLERK OF COUNCIL