Special Solon City Council

11712

SOLON CITY COUNCIL July 21, 2014 – 7:00 P.M.

The Solon City Council met at City Hall on the above date and time.

Present: Council Members Bell, Kotora, Kraus, Meany, Pedicino, Pelunis, Russo, Mayor Drucker, Law Director Lobe, Assistant Clerk Letourneau

Absent: None

NOTES OF CAUCUS DISCUSSION:

(Clerk’s note: Agenda items not mentioned under Notes of Caucus Discussion are items that were not pertinently discussed during caucus. Agenda topics may not have been discussed in order, however, they have been placed in order for the convenience of this record.)

Also present: Service Director Bandiera, Senior Services Director Frankel, Planning Director Frankland, Fire Chief Shaw, Nancy Stolarsky- Human Resources, Police Chief Viland

Vice Mayor Kraus presided.

PLANNING COMMISSION CONSENT:

There were no objections to the items on the Planning Commission Consent Agenda and Vice Mayor Kraus advised those applicants their items would be approved and it was not necessary for them to remain for the meeting. Councilman Russo recused himself from Item 5.

PENDING:

8. Rezoning request from DJM Group for property located at the Harper Road and Aurora Road intersection: Councilman Kraus said this item is still under review by the Planning Commission and a public hearing will be held on July 29th.

9. Ordinance No. 2014-128 submitting to the electors the question of amending the Residential uses in the City of Solon Zoning Code: Councilman Kraus said as this is the third reading, he would like to see it moved on. He will make a few brief comments and he believes a resident from his ward may attend the meeting and make some comments as well.

10. Ordinance No. 2014-129 submitting to the electors the question of amending the Office, Commercial, Industrial and General uses in the City of Solon Zoning Code: Mr. Frankland said a revised memo was distributed with a correction to the amendment.

Councilman Kraus said this is the third reading for this item and he would like to see this item moved on.

Council 11713 July 21, 2014

NEW:

13. Ordinance accepting the fee proposal of GPD Group to perform a traffic study of Aurora Road between SOM Center and the eastern corporation limit: Councilman Kraus said this is an important issue and he believes it is important to have an updated traffic study completed.

Consent:

23. Ordinance confirming the appointment of Nancy Stolarsky to the position of Director of Human Resources and establishing compensation and declaring an emergency: Councilman Pelunis asked that this item be removed from the Consent agenda and added to the New agenda as he would like the Law Director to review it with the Ohio Ethics Commission.

The caucus ended at 7:11 P.M. and the meeting began at 7:30 P.M.

Also present: Service Director Bandiera, Senior Services Director Frankel, Planning Director Frankland, Fire Chief Shaw, Police Chief Viland, Nancy Stolarsky-Human Resources, Economic Development Manager Weil-Dorfman

CHANGES TO THE AGENDA:

Item 23 was removed from the Consent Agenda and heard following Item 13.

ANNOUNCEMENTS:

Vice Mayor Kraus said announcements are as listed on the agenda.

COMMENTS FROM THE AUDIENCE:

Mr. Michael Jaffe, 32570 Stony Brook Lane, spoke regarding Item 9, amendments to the Zoning Code. Mr. Jaffe believes farm animals are not appropriate for higher density housing developments. He said his pie-shaped lot is approximately 19,000 square feet. His neighbor’s lot is approximately 16,000 square feet and the house is located 25 to 30 feet from his house. His neighbor has two chicken coops located 15 to 25 feet from his property line housing seven chickens. He asked Council to consider regulating chickens as they make noise throughout the day, they produce a manure smell and increase flies. He asked that the ordinance regulate the distance that coops can be placed at property lines. Mr. Jaffe asked if the ordinance will regulate the size, number and type of structures used to house animals.

Mr. Robert Paulson, 33378 Allenbury Drive, spoke regarding Item 23. Mr. Paulson said he was surprised at the number of employees of the City that are related to each other by either last name or marriage. He provided examples of how he resolved conflicts that occurred during his time as mayor. Mr. Paulson explained how nepotism or political connections negatively impacted Cuyahoga County’s government.

11714 Council July 21, 2014

Mr. Paulson believes the ordinance appointing Mrs. Stolarsky as the city’s full-time human resources director, which was placed on the Consent Agenda, is a conflict with the appointment of the City prosecutor, Lon Stolarsky. He believes Mr. Stolarsky should resign his position as it is more difficult to fill a municipal human resource director than a municipal prosecutor position. Mr. Paulson finds it a conflict for Mrs. Stolarsky to be involved in the human resource process while Mr. Stolarsky would be involved in grievance and disciplinary hearings of employees. He believes it is unfair to every employee and to the taxpayers who provide funds for both well-paid positions. Mr. Paulson said if Mrs. Stolarsky is appointed, then the duties of the prosecutor should be altered so the Law Director or other legal counsel would attend hearings in the prosecutor’s place where Mrs. Stolarsky would also be present. Mr. Paulson said if the current standard procedure and job duties need to be changed to make the arrangement work, then perhaps the City should not consider proceeding with the arrangement.

Mr. Paulson questioned why the ordinance is under consent and emergency when the position has been open since Fall of 2013 when Mr. Cornhoff retired. He noted Mr. Stolarsky is one of the largest contributors to the mayor’s campaign fund and the issue needs further scrutiny. He requested the legislation be placed on first reading and an opinion be obtained from the Ohio Ethics Commission regarding this particular situation. He urged the City Council to seek further action to avoid claims or lawsuits.

Vice Mayor Kraus asked Mr. Frankland to address Mr. Jaffe’s issues.

Mr. Frankland said the proposed ordinance requires that a structure that houses animals be set back 15 feet and 30 feet from any residence. He said the structure size is limited to one structure at 168 square feet.

Councilman Pedicino asked if some of Mr. Jaffe’s concerns can be addressed under the current code. Mr. Frankland said the current code has basically no restrictions on agriculture.

Councilman Pedicino asked for clarification that the current code allows one chicken coop. Mr. Frankland agreed.

MINUTES:

Motion by Councilman Bell, seconded by Councilman Pedicino to approve the minutes of the July 7, 2014 meeting as presented. Roll Call: Aye: Bell, Kotora, Kraus, Meany, Pedicino, Pelunis, Russo Nay: None Motion Carried

PLANNING COMMISSION CONSENT:

1. 30500 Carter Street – Pat Christopher/Davis Construction 055-2014 Management . Single street access drive waiver – PC approved . Site plan for addition and parking lot expansion – PC recommended Council 11715 July 21, 2014

approval contingent upon completion of a lot consolidation prior to issuing an occupancy permit

2. 37045 Halton Court – Emil and Victoria Hayek 056-2014 . 24 sq ft pool building area variance – PC approved . 21’ maximum pool building setback variance – PC approved

3. 35800 Solon Road – Gerald Praizner 059-2014 . Maximum decorative wall setback from dwelling variances: Solon Road west wall – 38’ variance – PC approved (4 to 1 vote) Solon Road east wall – 42’ variance – PC approved (4 to 1 vote) Pepper Drive north wall – 35’ variance – PC approved (4 to 1 vote) Pepper Drive south wall – 35’ variance – PC approved (4 to 1 vote)

. Minimum decorative wall setback from right-of-way variances: Solon Road – west wall – 30’ variance – PC approved (4 to 1 vote) Solon Road – east wall – 30’ variance – PC approved (4 to 1 vote) Pepper Drive – north wall – 30’ variance – PC approved (4 to 1 vote) Pepper Drive – south wall – 30’ variance – PC approved (4 to 1 vote)

4. 33800 Miles Road – Aaron & Elaine Salomon 060-2014 . (6) - 0.5’ Maximum decorative wall height variances – PC approved

. Maximum decorative wall setback from dwelling variances: Middle west wall – 37’ variance – PC approved (4 to 1 vote) Middle east wall – 37’ variance – PC approved (4 to 1 vote) Entry west wall – 95’ variance – PC approved (4 to 1 vote) Entry east wall – 95’ variance – PC approved (4 to 1 vote)

. Minimum decorative wall setback from right-of-way variances: Entry west wall – 28’ variance – PC approved (4 to 1 vote) Entry east wall – 28’ variance – PC approved (4 to 1 vote)

5. 32910 Solon Road – Solon Road Enterprises – Jim Alesci 061-2014 . Equipment screening variance – PC approved contingent upon the applicant painting the equipment a color approved by the City architect and maintaining the exterior paint

6. 30401 Wedgewood Drive – Ruth Wolfson 062-2014 . Number of accessory structures variance – to permit (2) - PC approved

7. 36720 Valley Forge Drive – Richard Cyr 063-2014 . 14’ rear yard setback variance – PC approved

Councilman Russo recused himself from consideration of Item 5.

Motion by Councilman Pelunis, seconded by Councilwoman Meany to approve the items of the Planning Commission Consent Agenda. 11716 Council July 21, 2014

Roll Call: Aye: Bell, Kotora, Kraus, Meany, Pedicino, Pelunis, Russo Nay: None Motion Carried

PENDING:

8. Rezoning request from DJM Group for property located at the Harper Road and Aurora Road intersection

This item is still pending with the Planning Commission. A public hearing is scheduled for the Commission’s July 29th meeting.

9. ORDINANCE NO. 2014-128 SUBMITTING TO THE ELECTORS OF THE CITY OF SOLON THE QUESTION OF AMENDING THE RESIDENTIAL USES IN THE CITY OF SOLON ZONING CODE, was read for third reading.

Vice Mayor Kraus commended the Planning Commission and the residents for providing input to prepare the ordinance. He said many residents that spoke at the meeting were in favor of allowing animals.

Vice Mayor Kraus said as he discussed at the last meeting and based on comments from Mr. Jaffe, he does not object to animals in appropriate sized lots, however, he opposes animals on the smaller properties to ensure the neighbors’ quiet enjoyment of their property. He questioned if most residents understand that their neighbors can have animals as the ordinance is written. He explained he has witnessed from a neighbor’s yard in Briar Hill how disruptive noise and odor from chickens on a smaller lot can be to the neighbors. He believes the minimum square footage of lots should be increased.

Vice Mayor Kraus asked how the square footage requirement of properties could be increased in regard to agricultural animals.

Mr. Frankland explained the square footage requirement has no right or wrong answer, for example, Cleveland’s requirement is one chicken is permitted per 800 square feet. The ordinance currently states three chickens are permitted per every 10,000 square feet and goes up accordingly, with a maximum of 20 chickens regardless of the lot size.

Mr. Frankland said the Planning Commission had residents attend the meeting who currently have chickens on some of the smaller lots and there have been very few complaints about the noise. Although this surprised him, the Planning Commission made their determination based, in part, on this information.

Councilman Pedicino said additional information was distributed to the Planning Commission from Case Western University School of law. He asked if the information contained any type of recommendations regarding lot sizes.

Mr. Frankland said the information from Case Western tended to advocate the keeping of animals in urban environments and, therefore, approved chickens be kept on small lots. Council 11717 July 21, 2014

Councilwoman Meany said as she grew up in Solon on Harper Road, she recalls the area being very agricultural and many people kept animals. Although she understands the necessity for the ordinance, she feels there are many in her ward (5) and Councilman Kotora’s ward (4) who have very large lots. Councilwoman Meany is comfortable with the way the ordinance has been written and realizes the amount of work that went into its creation.

Councilman Pelunis said much work went into the creation of the ordinance at the Planning Commission level. He said a lot of time, research and public opinion went into the preparation of the ordinance. Councilman Pelunis said if issues are raised, the ordinance can always be reviewed and changed at a later date but, at this point, a standard has been set with this ordinance.

Councilman Kraus said there are also criminal, civil and nuisance ordinances in effect that will protect residents if the noise or odor from a neighbor’s property becomes inappropriate.

Mr. Frankland said within the agricultural ordinance, there is offered the same type of language to protect neighbors.

Motion by Councilman Pelunis, seconded by Councilwoman Meany to approve Ordinance No. 2014-128. Roll Call: Aye: Bell, Kotora, Meany, Pedicino, Pelunis, Russo Nay: Kraus Motion Carried

10. ORDINANCE NO. 2014-129 SUBMITTING TO THE ELECTORS OF THE CITY OF SOLON THE QUESTION OF AMENDING THE OFFICE, COMMERCIAL, INDUSTRIAL AND GENERAL USES IN THE CITY OF SOLON ZONING CODE, was read for third reading.

Mr. Frankland said the changes being made to this section of the code will update and clarify some of the uses and permit a broader range of uses within the commercial areas.

Motion by Councilman Pelunis, seconded by Councilman Russo to approve the Ordinance No. 2014-129. Roll Call: Aye: Bell, Kotora, Kraus, Meany, Pedicino, Pelunis, Russo Nay: None Motion Carried

11. ORDINANCE NO. 2014-146 APPROVING A COMPENSATION SCALE AND JOB CLASSIFICATION FOR FULL TIME CITY EMPLOYEES NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT FOR THE YEAR 2014, was read for second reading.

Ordinance No. 2014-146 remained on second reading.

12. ORDINANCE NO. 2014-147 AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH A REGIONAL COUNCIL OF GOVERNMENTS FOR THE 11718 Council July 21, 2014

PURPOSE OF ADMINISTRATION AND COLLECTION OF MUNICIPAL INCOME TAX IN THE CITY OF SOLON, OHIO, was read for second reading.

Ordinance No. 2014-147 remained on second reading.

NEW:

13. ORDINANCE NO. 2014-156 ACCEPTING THE FEE PROPOSAL OF GPD GROUP TO PERFORM A TRAFFIC STUDY OF AURORA ROAD BETWEEN SOM CENTER ROAD AND THE EASTERN CITY LIMIT, was read for first reading.

Ordinance No. 2014-156 remained on first reading.

23. ORDINANCE NO. 2014-157 CONFIRMING THE APPOINTMENT OF NANCY STOLARSKY TO THE POSITION OF DIRECTOR OF HUMAN RESOURCES AND ESTABLISHING COMPENSATION THEREFORE AND DECLARING AN EMERGENCY, was read for first reading.

Councilman Pelunis requested this item remain on first reading. Although the Law Director indicated a formal opinion regarding this issue had been received, the opinion he received was from the Board of Elections, Frequently Asked Questions section, dated 2010. Councilman Pelunis asked for a written formal legal opinion from the Law Director so as to protect the City in the event of any issues that might arise.

Mr. Lobe said the hiring of Mrs. Stolarsky as Human Resources Director is legally and ethically permitted as a matter of Ohio law. He said he is not only comfortable with this position but he is also very confident with this legal opinion. Mr. Lobe said there is no legal prohibition as a matter of law or ethically for two family members being retained by the same political entity (Solon).

Mr. Lobe said in reviewing this matter, he examined case law, the Ohio Revised Code (ORC), the City codes, ordinances and policies. In addition, his research led him to an Ohio Ethics Commission report 2010-43 dated May 25, 2010. Mr. Lobe also looked at ORC 102.03 (D) and (E) which are statutes regarding nepotism and conflicts of interest which are reviewed when making this type of analysis.

Mr. Lobe reviewed local ordinances and there is no ordinance which prohibits this occurrence. There is a City policy that has never been formally adopted which mirrors the State statutes. Therefore, his review and analysis was based primarily on the 2010 advisory. Mr. Lobe said the conflict regarding nepotism is covered in the Ohio Ethics Commission and the question is raised about whether or not a public official’s family member can work for the same agency as the official and the answer is absolutely yes. He said there are two conditions; one is that it is not the official’s minor child and the second condition is that the official has not been involved directly or indirectly in the hiring process of the family member.

Mr. Lobe said he has had discussions with Mayor Drucker about this and she was already aware of the laws and policies involved with hiring an official’s family Council 11719 July 21, 2014 member. He received an oral opinion at that time but it was not given to him in writing and he believes this is where there has been confusion. Mr. Lobe said opinions from the Ohio Ethics Commission should be done prospectively, not retrospectively and can take between two to six months to receive a response.

Mr. Lobe said the advisory opinion of 2010 specifically states that a public official’s family member can work for the same agency. In fact, the opinion of the attorney general of the Ohio Ethics Commission further states that it is not permitted to have a no relative/nepotism or conflict of interest policy in the City as you must allow people to compete in the marketplace for these types of jobs. Mr. Lobe said as a follow-up to his review, he had a telephone conference with the attorney for the Ohio Ethics Commission (John Rawski) to discuss this. Mr. Lobe said Mr. Rawski agreed with his review and that there was no influence used and sent him an email to this effect.

Mr. Lobe said, in addition, the Ohio Ethics Commission sends out bulletins and a recent bulletin contained this information when the question was posed about hiring a public official’s family member and having them work for the same agency as the official. He is confident with his review and believes it to be legal and ethical.

Councilman Pelunis asked Mr. Lobe when the email was received and Mr. Lobe said he received it today. Mr. Lobe said he was in his car most of the day and apologized for not forwarding it to the Council.

In response to Councilman Kraus’ question, Mr. Lobe said Mr. Stolarsky does not participate in employee disciplinary issues. Although, he believes it would be legally permissible for him to do so.

Councilman Bell thanked Mr. Paulson for his comments as he believes public scrutiny of issues is always appreciated. He feels this causes good, transparent discussions to take place. Councilman Bell said he also had questions regarding the hiring of Mrs. Stolarsky for the Human Resources Director position. He said it is not uncommon for an official to have a conflict of interest and would then have to recuse himself from that item. Councilman Bell said Mrs. Stolarsky’s experience and resumé are excellent and she has already done a lot of work for the City as a part-time employee. He said knowing the potential conflict in advance, as the City does, procedures can be instituted to guard against that conflict.

Councilman Kraus asked who would investigate if there was possible wrongdoing by an employee.

Mr. Lobe said he has investigated this in the past and will continue to do so in the future, if necessary.

Councilman Kraus agreed with Councilman Bell’s comments and also feels the City is lucky to have Mrs. Stolarsky as the new Human Resources Director as she has many years of great experience.

11720 Council July 21, 2014

Motion by Councilman Russo, seconded by Councilman Bell to suspend the rules and place Ordinance No. 2014-157 on third and final reading. Roll Call: Aye: Bell, Kotora, Kraus, Meany, Pedicino, Russo Nay: Pelunis Motion Carried Final Passage: Aye: Bell, Kotora, Kraus, Meany, Pedicino, Russo Nay: Pelunis Motion Carried

CORRESPONDENCE:

14. Liquor permit application – transfer from Organic Energy Inc. to M & E Kertes LLC – 28500 Miles Road – Unit J

Councilman Russo said there were no objections from the departments that reviewed the application.

Motion by Councilman Russo, seconded by Councilwoman Meany to direct the Clerk to not request a hearing. Roll Call: Aye: Bell, Kotora, Kraus, Meany, Pedicino, Pelunis, Russo Nay: None Motion Carried

CONSENT:

Motion by Councilman Bell, seconded by Councilman Pedicino to suspend the rules and place the following Consent items on third and final reading.

The appropriate Council or Administrative representative provided an explanation for each item.

15. ORDINANCE NO. 2014-158 WAIVING THE PROVISIONS OF SECTION 648.04(A)(4) OF THE GENERAL OFFENSES CODE, DISORDERLY CONDUCT AND SECTION 846.02 OF THE BUSINESS REGULATIONS AND TAXATION CODE, LICENSE OR REGISTRATION REQUIRED, TO PERMIT THE FILL-THE-BOOT FUNDRAISER FOR MUSCULAR DYSTROPHY AND DECLARING AN EMERGENCY, was read for first reading.