Council meeting of April 14th, all present except the Mayor. He emailed that he had another commitment. The first order of business was to address the Mayor's veto of two ordinances that Council passed last meeting. After careful consideration, I voted along with 5 members to set aside the vetoes and to move forward with (1) Ordinance 2018-19, that is in the best interest of the residents for Council to formally establish employment positions in the City of Willoughby Hills that are sufficient to accomplish the objective of orderly and proper administration of the polices and ordinances of the City of Willoughby Hills, and to eliminate others that are not needed.
The Mayor's solution to raise ambulance fees was considered a few months ago and rejected. Raising taxes and fees is his easy way out. I don't agree with charging more and becoming the highest fee–highest taxed community when other solutions are available and the city certainly has these options. While “painful” to some, this is the prudent way to spend city resources. Good and proper management always finds a way to deliver in well run organizations. Sometimes organizations need to tighten their belt and set priorities. Council has Roads, Police and Fire/EMS safety as top priorities. The City is currently without a Law Director, due to the negligence of the Mayor to appoint only one rejected applicant since the September resignation of the former director, who then sued the city and lost his case demanding taxpayers pay for his indemnity over a potential malpractice claim. Not having legal counsel is troubling as was noted in the Recreation committee meeting just prior to the Regular Council meeting. A city has numerous legal issues and needs competent, impartial advice. Keep in mind, Council still would likely hire a labor specialist so, by law, Council acted to defend taxpayers against potential action by the newly formed union by the Mayor's Secretary and other administrative staff, over their demands. The veto was set aside on (2) Ordinance 2018-21 by a vote of 6-1. Both the Finance Director and City Engineer had no formal report. I asked to be sure that the 2018 budget was filed timely with the County, as required. We were told it was. I reported on the Planning commission meeting in committee reports, regarding two new homes and the positive addition of a basketball gym for Aspire Fitness to go in the closed OfficeMax at Bishop/Chardon. There was a plasma donation center that wants to lease space next to Marc's and that will be referred to the Planning Committee of Council of which I am Chair, to review our current zoning ordinance, since there were significant questions as to the viability of that type of operation in that district. Left on third reading was ordinance 2018-5 since January discussed in Recreation regarding the agreement with a sports league. Council passed the amended 2018-22 to appeal the judge';s verdict in part of the Weger vs. City of Willoughby Hills case. Also, Council passed 2018-23 to reduce the fees for sewage entering the Willoughby system, in line with their recent request. Here is a link to the audio, to the meeting just under an hour: http://www.willoughbyhills-oh.gov/mtg.0412.18.MP3 My notes from last night's meeting:
The Planning and Zoning Commission, among other duties, addresses the relocation of property lines, proposed subdivisions and major projects, proposed changes in land usage, and zoning matters. The Architectural Board of Review examines and comments on proposed buildings to ensure the community’s standards are maintained. There are seven officers. One seat is vacant. Contact me or the Mayor if you would like to be a member. This group meets on the 1st and 3rd Thursdays of a month if there is business to discuss. The member serves without pay. One Council member (me) and the Mayor are two of the seven voting members. The board met Thursday to review several items. Two new homes were approved to be built; one on Chardon Road and one on Milann. A new steel building was approved to be built and attached behind the old Office Max to allow for a basketball court for the new Aspire Fitness facility. The cell tower plan proposed at West Miller next to the freeway has been granted a 12-month extension of time. The subject of some concern among residents present was an application for a blood plasma donation center. The business is considering the building now shared with LaSalle furniture and Marc's. The public may speak at these and all public meetings to voice opinions and concerns, within a 3 minute limit. I had encouraged people to come speak and I was interested to hear their thoughts, and to hear from the company. One resident spoke in favor of the business and six spoke against it. We then listened to a presentation from the applicant. There were numerous questions and concerns raised from the public and from the board, in addition to my own. Finally, I asked that we refer this for further study and when asked, suggested the planning committee of council. The type of business does not seem to fit the current definitions in our zoning. It is more like an employer than retail. More discussion is needed. Council calls for a Special meeting whenever an urgent matter comes to its attention, with a minimum of 24 hours notice. Council moved to an executive session to address the legal position of the City on pending litigation matters. There have been writings and a threat by the Mayor that a lawsuit by a city union is imminent. A recent court decision of Weger vs. the City of Willoughby Hills that the temporary appointment of a law director cannot be made by the Mayor nor Council alone, and the ruling that the City won over the former law director and current prosecutor. The courts held that Council and the Mayor are separate, distinct and of equal importance. Information from an executive session behind closed doors to discuss pending or imminent litigation are issues that should not be discussed in public. If this discussion were to be held in public, it could compromise the position of the City and of the Taxpayer's best interest. It would be irresponsible to share confidential discussions, documents or letters meant for these types of legal matters. This puts at risk the position a City may or may not take in dealing with Attorneys or Unions and could compromise Taxpayer's best interest. There is also an Attorney/Client privilege issue. There were three items of legislation. First was a motion to address the Mayor's veto of certain items in our 2018 budget. The Council needed to vote to have a compete budget to submit by law. The motion to set aside the veto was passed 6-1. This budget primarily allows for more funds allocated to firefighters and paramedics and more road projects while reducing the administrative support staffing. There were other items that have been cut, mostly administrative, memberships, travel, and discretionary. The city has funded police, fire, and road work as well as the customary requirements of our community. We still have work to do but participating and voting on the city budget is the most important decisions that a city council makes. I have been clear about those priorities from my experience and from listening to my constituents; roads, police, fire and rescue come first. Another item was for a road salt purchase, that has an impending deadline. I'd like to buy more salt next year to make our roads safer for travel. That passed unanimously. Next was to appoint a specific other employee for Council to defend the City against a labor or employment lawsuit or controversy related to the implementation of the 2018 budget. That motion passed 6-1. I believe the court ruling on how neither the Council nor the Mayor having the ability to appoint a department head or a law director allowed for the council to employ a clerk or other employee it deems necessary for a specific reason. To protect the city from a lawsuit is s crucial reason. Council acted to protect the City. The legislation to employ an attorney to represent the Taxpayer's interests in the appeal of the Weger vs the City of Willoughby Hills was left on first reading. When a taxpayer has sued the city, the right and obligation to protect the City becomes difficult when the person who sued is also the Mayor of the city. The award to the taxpayer – the Mayor – for attorney fees and costs will come from the Willoughby Hills general fund, from taxpayer's dollars. The defense of the case of Weger vs the City of Willoughby Hills was paid for by the City's insurance provider. Council meets again on Thursday, April 12th in a Regular meeting. Here is a link to the audio: http://www.willoughbyhills-oh.gov/mtg.0405.18-Pt-1.MP3 Part two is about 47 minutes: http://www.willoughbyhills-oh.gov/mtg.0405.18-Pt-2.MP3 If you have been following the city news lately, there has been no Mayor's veto of the 2018 budget presented to our Council clerk and city hall is open. Operations continue as normal, as far as I can tell.
In other news, today the court ruled in favor of the defendant, City Council and the City of Willoughby Hills, on most of the cases filed against us by the Mayor and Bob Weger as a taxpayer, the former law director Lobe and the current prosecutor Germano. Dismissed were demands of indemnification of the former law director, to derail the process to decide on the prosecutor's position, and if there was a violation of open meetings act, All ruled in favor of your Council. and the City The legislative authority plays no role in the appointment of a law director, the court ruled. Therefore, the City currently has no law director. Court agreed that what I and most all of Council has saying since September; the Mayor needs to produce a person as a law director and department head in which four members will confirm. We followed legal advice that Council could create the legislation to temporarily fill the role, and the legal minds are thinking about an appeal. However, for now, the City has no law director. The Court acknowledged there was a significant reason for Council to create the legislation in good faith, however our city Charter is the authority. Should we add something to the Charter to address this issue? For example now, if there is a vacancy on Council, if the Council doesn't fill the spot the Mayor can appoint in 30 days. It is simply irresponsible for the Mayor to sit on an appointment, hide resumes from council, and not work collaboratively with the legislative body. The visiting Judge ruled that neither the Mayor nor the Council has the sole authority to appoint an Acting Law Director or other Acting Department Head. The only way to appoint a Law Director is appointment by the Mayor with confirmation by a majority vote of Council. In denying the remaining claims by Germano and Lobe against Willoughby Hills, it is time for Mayor Weger to work with Council and stop these lawsuits. Council certainly could have sued the Mayor for his "appointments" but chose not too. Reasonable people try to work together in public bodies, they do not resort to lawsuits. Now Bob Weger, as a private citizen who filed the suit wants us, the taxpayers, to pay for his attorney and all the costs to file his lawsuit. I again asked - no implored him- at our last meeting to provide the names of credible candidates for Law Director who can have four votes to be confirmed. Work together, stop going to court for negative publicity of our city, and do your job. Most residents agree on these simple points. |
Dave's Notes from the MeetingsThis is an effort to keep my constituents informed, check this page for updates. Archives
January 2020
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