Minutes of the Cuyahoga County Planning Commission/Solid Waste Policy Committee
February 14, 2008
ATTENDANCE
Attachment A lists the attendance at this meeting, at which the following matters were discussed.
MINUTES
On a motion by Mayor Kelley, seconded by Mayor Blomquist, the minutes of the November 8,
2007 meeting were unanimously approved.
RESOLUTIONS
General
On a motion by Mr. Shannon, seconded by Mr. Cantor, Resolution No. 080214-A, approving a
resolution requesting to fully fund SAFETEA-LU (Highway Trust Fund), was unanimously approved.
On a motion by Mayor Ken Patton, seconded by Mr. Cantor, Resolution No. 080214-B, authorizing a contract for planning services with the Cuyahoga County Department of Development, was unanimously approved.
On a motion by Mayor Kelley, seconded by Mayor Ken Patton, Resolution No. 080214-C, authorizing planning services to be rendered to the Cuyahoga County Veterans Service Commission for the preparation of a State Veterans Home Feasibility Study for the Greater Cleveland, Ohio region, was unanimously approved.
Olmsted Township
Ms. Hopkins reported on the Willow Grove request for a third extension, which was a rare
request. She reported that the Olmsted Falls School Board and has come to an agreement with
Gross Builders to purchase this property and have agreed to price; however, the School Board
has to obtain the funds for the purchase.
Ms. Hopkins reported that the County Engineer's Office, the County Sanitary Engineer's Office and the Soil and Water District, as required by the County Subdivision Regulations, have reviewed and approved the Willow Grove layout, and therefore CPC staff was recommending approval.
Mayor Blomquist stated that he personally objected to this extension and would vote no on the request. Mayor Blomquist stated that since the development has become inactive it has become an eyesore; it is essentially a mud pit with no seeding done to at least make the area more amenable.
Mr. Shannon asked what the status of the negotiations were with the School Board.
Mr. Gary Gross, of Gross Builders, reported that his associate had met with School Board as recently as yesterday. Mr. Gross stated that his company is trying to be responsive to the School Board but that the School Board must decide soon whether it was going to buy the property because Gross Builders had to start to build the required improvements to the developments.
Mr. Alsenas stated that they had tried to get a School Board representative to attend this meeting. He stated that the School Board needs the proceeds from another piece of property that is up for sale to purchase the Willow Grove property.
Mr. Alsenas reported that the CPC had first authorized the developer to proceed with the plan three (3) years ago and that the expectation was that the School Board was going to buy the property.
Ms. Hopkins stated that the township officials have discussed the unsightliness of the site with Gross Builders and that the CPC was recommending in the resolution that Gross Builders stabilize the property and that the developer is on notice that they are expected to make the necessary improvements.
On a motion by Mayor Kelley, seconded by Mr. Cantor, Resolution No. 080214-D, approving a third one-year extension of the preliminary layout for the Willow Grove Subdivision proposed to be located in Olmsted Township, was approved by a roll call vote, with Mayor Blomquist voting to oppose the extension.
Ms. Hopkins introduced the Grand Oaks request which is a thirty-three (33) acre site in the southwest quadrant of the Township. Ms. Hopkins stated that the Grand Oaks subdivision would be the first subdivision in this quadrant.
Ms. Hopkins explained that the developer had followed the required protocol and submitted the request to all of the review agencies and the township, yet the Township has not yet made an official determination if the site plan complies with the township's zoning.
Ms. Hopkins explained that in 2006, the Grand Oaks project went through a rezoning request which the Olmsted Township Zoning Commission approved but the Olmsted Township trustees denied. In June 2007, the developer submitted a request to the Township's Board of Zoning Appeals for variances for minimum lot size and minimum lot depth and lot layout. Ms. Hopkins stated that there was confusion at the township on whether the Board of Zoning Appeals was aware of the type and the extent of the variances that were requested. Adding to the confusion, Ms. Hopkins reported that Olmsted Trustee Karen Straka had called her that morning and requested that the CPC table the Grand Oaks resolution or continue it until a later date to allow the township trustees to met with their legal counsel and make a decision on whether or not this plan complies with the variances that have been granted.
Mr. Alsenas stated that this has been a very tough, difficult issue that has been going on for weeks involving prosecutor's office, township officials and CPC staff. He explained that the problem is that the area in question was zoned R-40, (residential with 1-acre lots) and that through the variance process, not the rezoning process, the size of the lots were reduced to R-30 (½-acre lots). Mr. Alsenas stated that the County Prosecutor's Office has advised the CPC staff that the Subdivision Regulations requires the township to certify that a variance meets the zoning requirements.
Mr. Alsenas stated that the staff needed to do some additional investigation into this situation and that as a result of this problem the staff would be recommending revisions to the recently approved subdivision regulations so that the CPC gets better control of the rezoning and variance processes.
Ms. Hopkins explained that the CPC has two functions in relation to the township. The first is to draft subdivision regulations that ensure that any subdivision is built correctly. The second function is related to zoning, which is clearly the township's authority. However, any time there is a request to rezone a property it must have the approval of the CPC.
In the Grand Oaks situation, the CPC did make recommendation to deny the down zoning to R-30; however, once the township takes action on a zoning change or the board of zoning appeals grants a variance, giving developer the right to develop the property, it is not within the purview of the CPC to say whether they like it or not.
Resolution No. 080214-E, to conditionally approve the preliminary plan of the Grand Oaks Subdivision proposed to be located in Olmsted Township, was tabled on a motion by Mayor Blomquist, seconded by Mayor Kelley, and unanimously approved.
Ms. Forbes joined the meeting at this time and concurred with past votes.
Mr. Smock took over the meeting from Mayor Longo and asked that the election of officers be held until County Commissioners could join the meeting.
COMMUNITY AND REGIONAL ISSUES
Cuyahoga County Emergency Management Planning
Mr. DeMuth introduced the subject by explaining that governments have a higher duty to be
responsive when there are public emergencies such as train derailments, power outages,
flooding and major industrial fires.
He explained that the County's Department of Emergency Management Planning is responsible for regional emergency planning, preparedness and response and that it also has a coordinating role with local governments and local emergency response agencies.
Mr. DeMuth introduced Ms. Melissa Rodrigo, Manager in the Emergency Management Department. Ms. Rodrigo thanked John for inviting them to the meeting and introduced Mr. Gary Holland, Director of the Department of Justice Affairs, which oversees Emergency Management Department, and Mr. John Blust, Program Officer, who be giving a brief powerpoint presentation that reviewed the mission and role of the Emergency Management Department, the county's disaster plan, the roles of county and local governments and the flow of authority in the event of an emergency.
After the presentation, Mayor Eileen Patton asked what the department had done when the terrible flooding occurred in the past.
Mr. Blust explained that the department set up a disaster assistance center and assisted more than 6,000 county residents in applying for federal emergency assistance, conducted damage assessments and coordinated with the state and federal emergency coordinators that came to investigate. Mr. Blust stated that of the 6,000 people who applied in 2006, 2,500 people received more than $3.5 million in assistance.
In response to Mayor Eileen Patton question as to eligibility, Mr. Blust stated that the Federal Emergency Management Agency makes the final determination and it is based primarily on income.
Mr. Gary Holland stated that the damage assessments are critical to getting assistance.
Mayor Eileen Patton stated that the amount of paperwork that had to be done was excessive and after filing out all of the forms, the Westshore communities had very few applications approved.
Mr. Blust explained that the flood happened on Thursday and that by Friday federal coordinators were here doing damage assessments and sending surveys to the communities. By Monday, Mr. Blust stated that the case for assistance had been made to both state and federal officials and the area received a presidential declaration.
Mayor Longo inquired who at the federal level makes the final decision that funds will be released and he also criticized the long and cumbersome paperwork that had to be done while people have no choice but to wait around. He asked what can be done about this.
Mr. Blust stated that in order to get the state here to look at the damage the community must have twenty-five (25) homes incur at least forty percent (40%) of uninsured damages which is a lot of damage.
Mr. Blust stated that there are two types of assistance available. The first type is individual assistance which is provided by the federal or state governments and helps individuals with uninsured repairs. The second type is public assistance to local governments and nonprofits that must provide services during an emergency. If the government or agency used ½ of 1% of its operating budget on the emergency then it would be eligible for assistance.
Mr. Alsenas asked if there were plans to train everyday citizens on how to be prepared for emergencies.
Ms. Rodrigo explained that the County has 41 Community Emergency Response Teams (CERT), the most in the state, that meet bi-monthly for training and information.
Mr. Holland stated that the department was beginning to work with a number of agencies such as the American Red Cross to maximize the public education component.
Mayor Gorden asked about the status of the county-wide communication center or interoperability.
Mr. Holland explained that the Communications Committee has been trying to determine what type of system to use. The first choice had been determined to be too exorbitant in its capabilities and the actual build-out and maintenance costs to the subscriber communities could never be determined.
Mr. Holland explained that the State of Ohio was now using a multi-agency radio-response system called Marx and had made a commitment to expand this system so that every community could meet the Marx T-25 standard, which is the nation-wide standard for communication.
Mr. Holland stated that at this point, the City of Cleveland had made a preliminary determination to continue their investment in one system while the rest of the county, the fire chiefs association and other first-responder organizations are committing to the Marx system. Mr. Holland explained that the Marx radio receives every type of communication regardless of what type of system a community uses and by having all of the communities using this system it will give us regional capability for mutual aid system.
Mr. Holland stated that the Board of County Commissioners is on the verge of determining whether they want to make a multi-million investment. He also stated that there will be more discussions with Cleveland on whether they are going to join the Marx system.
Mr. Holland stated that he would make a recommendation at the next advisory committee meeting to have a memorandum sent to the mayors updating them on the communication system.
Mayor Eileen Patton requested that the mayors also be sent a report on CECOMS. She stated that there is a dispatch center at St. John's Westshore Hospital and the Westshore mayors are concerned about some of the calls that are coming to the Hospital. She suggested a special meeting with he Westshore mayors.
Mayor Longo suggested that there should be whole session devoted to emergency communications.
Mr. Alsenas stated that the CPC would assist in arranging that meeting and would also provide a list and a map of the specific CERT teams.
ELECTION OF OFFICERS
Mr. Smock reported that the County Commissioners were involved in negotiations concerning
the Medical Mart, that they would be unable to join the meeting. He asked that the election
be held even though Commissioner Dimora, who was asked by the County Commissioners to be the
CPC chair for 2008, would not be able to attend.
Mayor Longo made a motion to re-elect Commissioner Dimora as Chair, which was seconded by Mayor Ken Patton, and unanimously approved.
Mayor Longo was reelected as Vice-Chair on a motion by Mayor Kelley, seconded by Mayor Gorden.
Creating a Global Freshwater Center in Cuyahoga County
Mr. Alsenas directed the Commission members to the report in the agenda binder entitled "A Global
Water Center in Cleveland." Mr. Alsenas stated that in addition to being a feasibility analysis
the report found that: global thinking about water quality products and services was not linked
to users; there is a bias against high-tech; there is insufficient support for product prototyping
and field testing and there is insufficient financial support and business knowledge for
commercializing services and products.
Mr. Alsenas stated that the report concluded that there was a need for a center to incubate and implement these ideas. He stated that it would take about $14 million and five years to get the Center up and running and to be self-sustaining. He stated that the Center would attract new companies and jobs, strengthen economic clusters that are already here and would promote a new consciousness about water culture. He stated that there was a sense of urgency about getting this Center done because another city could take this idea and get it implemented.
Mr. Cantor asked why the list of interviewees for the report didn't include anyone from the City of Cleveland.
Mr. Alsenas stated that this study was not about municipal water systems and that they had a limited budget and a short timeframe to the get the interviews done.
SOLID WASTE DISTRICT REPORT
Mr. Holland referred the Commission members to the report in the agenda about landfill
disposal. He explained that there were three courses of action that were being considered
to deal with the decision of the operator of the Stark/Tuscarawas/Wayne landfill decision to
limit the amount of waste the landfill would collect. The three courses of action are to:
continue supporting the litigation against the landfill; beef up the County's data collection
to prove that its recycling rate meets the landfill's requirements; and most importantly
to start looking long-term at the County's landfill needs. Mr. Holland stated that he has
started to look at transportation systems that will allow the County to reach out to more
suitable locations (e.g., rural) and hopefully lower costs. He reported that the Cleveland
Commissioner of Waste Collection and he will be going down to visit the Apex landfill, a
totally railed-served landfill in southern Jefferson County.
Mr. Holland also brought to the CPC's attention that the amount of waste that the County had taken to landfills had decreased by 14.5% or 245,000 tons. Mr. Holland said that there are three possible reasons for this reduction: the recycling programs are working; the numbers go up every year; that global warming was causing drier summers that lowered the amount of vegetation and yard waste that had to be disposed of and; a sad economic indicator that people are leaving the county and taking their trash with them.
Mr. Holland stated that his staff was going to delve into this more and confirm the real reason.
Mayor Ken Patton asked what percent of the county's waste is taken outside of the county.
Mr. Holland responded that 99.9% of the all the waste generated was shipped out of the county. He stated that the City of Brooklyn operates the only municipal solid waste landfill in the county with a monthly tonnage of about 350 tons compared to the county's 1.7 million tons.
PROJECT HIGHLIGHTS
Mr. Alsenas announced that a documentary film entitled "Return of the Cuyahoga River" would be
nationally broadcast on April 18th and locally on April 22nd.
He also reported that an internal management team was working through the CPC Personnel Policies and that staff would be offering proposed amendments to the CPC Personnel Manual at upcoming meetings.
PUBLIC COMMENT
Mr. Ed Hauser, Cuyahoga County resident and taxpayer, distributed copies of the Army Corp of
Engineers notice of the Port Authority's Port Relocation Meeting. Mr. Hauser stated that as
far as he knew neither the Port nor the City of Cleveland has provided notice about this very
important meeting which would be held in five days.
Mr. Hauser also stated that the meeting was only going to last two hours which would not be enough time to thoroughly go through the port relocation and expansion plan, the changes to Cleveland's waterfront district plan and the Army Corps dredge plan.
Mr. Hauser also wanted the Commission members to be aware that the Port relocation plan includes an expansion to Whiskey Island which is supposed to be off limits.
ADJOURNMENT
On a motion by Mayor Kelley, Mr. Smock adjourned the meeting.
Attachment A
Cuyahoga County Planning Commission/Solid Waste Policy Committee
| February 14, 2008 Attendance Record | |
|---|---|
| Member | Present |
| Mayor Robert Blomquist | Yes |
| Mr. Robert Brown for Mayor Jackson | Yes - represented by Mr. Cantor |
| Commissioner Jimmy Dimora | Yes - represented by Mr. Smock |
| Mayor Merle Gorden | Yes |
| Commissioner Timothy Hagan | Yes - represented by Ms. Forbes |
| Commissioner Peter Lawson Jones | Yes - represented by Mr. Shannon |
| Mayor Edward Kelley | Yes |
| Mayor Thomas Longo | Yes |
| Mayor Eileen Patton | Yes |
| Mayor Kenneth Patton | Yes |
| Mayor Michael Procuk | Yes |
| SOLID WASTE POLICY COMMITTEE | |
| Ms. Virginia Aveni | Yes |
| Mr. Jack Licate | No |
| Others: Paul Alsenas, John Blust, John DeMuth, Gary Gross, Gary Holland, Patrick Holland, Kris Hopkins, Melissa Rodrigo | |
