Minutes of the Cuyahoga County Planning Commission/Solid Waste Policy Committee
April 10, 2008
ATTENDANCE
Attachment A lists the attendance at this meeting, at which the following matters were discussed.
CALL TO ORDER
The meeting was called to order by Vice-Chair Mayor Longo noting that a quorum was not present.
MINUTES
On a motion by Mayor Blomquist, seconded by Mr. Shannon, the minutes of the February 10, 2008
meeting were approved, on the basis that a quorum will be reached.
COMMUNITY AND REGIONAL ISSUES
Update on the State Economic Stimulus Package
Mr. Longo noted that Ms. Aveni and Ms. Forbes had arrived and that they concurred with the
approval of the meeting minutes.
An update on the Ohio Economic Stimulus Package and its impact on Cuyahoga County was presented by Ms. Claire Kilbane. Ms. Kilbane reviewed a series of charts which showed the major infusion of Issue 1 funds that would be available in Cuyahoga County, increasing the Issue 1 allocation from $42 million to $96 million over four years.
Ms. Kilbane stated that by including the LTIP and RLP funds, assuming the allocations stay the same, the total amount of funds available for the next four years would be approximately $140 million.
Ms. Kilbane noted that in second and third years of the stimulus period that the additional allocations would have be spent on road and bridge projects and that in combination with the LTIP allocations there would $36 million for road and bridge projects in 2010 and 2011.
Mayor Gorden asked whether there would be any changes to the program.
Mr. Klaiber stated that so far no changes have been proposed and the District One Public Works Integrating Committee (DOPWIC) would still evaluate projects using the scoring system.
Ms. Kilbane stated that last year, the DOPWIC had an allocation of $25 million and received more than $60 million in requests. Ms. Kilbane stated that the projects that were not funded were not funded for various reasons, including being inconsequential. Ms. Kilbane stated that if the addition Issue 1 funds are treated as just more funds to fund more projects the economic stimulus would be minimal. She said that these funds needed to be strategically directed toward important project to the county.
Emergency Management System: Municipal Involvement
As requested at the February 10th meeting during the presentation by the Emergency Management
Agency, the CPC worked with the Agency to develop a map of the Community Emergency Response
Teams (CERT) in the county. Mr. John DeMuth explained that the staff obtained a list of the
teams and produced the map that is located in the meeting notebook. Mr. DeMuth explained that
there are sixteen (16) individual community teams and eight community clusters with twenty-eight
(28) partnering communities. Mr. DeMuth stated that the communities in gray on the map are either
in the process of putting a CERT team together or have not started.
Mayor Longo noted that Commissioner Dimora had arrived. Commissioner Dimora concurred with the approval of the minutes.
Mayor Gorden asked whether there was funding available to put together a CERT Team.
Mr. DeMuth replied that there is seed money available to the county from Homeland Security funds in the amount of $2,500 per community and that many communities use it to set up their programs. He added that several communities set their programs as nonprofits to permit fund raising and that ome of the active CERTs have a designated line item in a community's budget.
The CPC decided to proceed to the resolutions in case any of the Commission members had to leave the meeting.
RESOLUTIONS
General
On a motion by Mayor Longo, seconded by Mayor Blomquist, Resolution No. 080410-A, approving a
subgrant subconsultant agreement with the Cuyahoga River Community Planning Organization for
consulting services for the High Performance Shoreline Project (Green Bulkheads), was unanimously
approved.
On a motion by Mayor Longo, seconded by Mayor Blomquist, Resolution No. 080410-B, authorizing an application for the County Planning Commission to participate in the United Nations Global Compact, was unanimously approved.
Olmsted Township
Ms. Kris Hopkins introduced the Resolution No. 080410-C, regarding the Grand Oaks Subdivision
proposed preliminary plan which had been tabled at the last meeting at the request of Olmsted
Township.
Ms. Hopkins explained that the Grand Oaks Subdivision is a 33-acre development located in the southwest quadrant of the Township. Ms. Hopkins explained that the CPC has made decisions on this subdivision at prior meetings. In 2007, the Grand Oaks developer went to the Township Zoning Commission and requested that the property be rezoned from R-40 to R-30. The rezoning was approved by the Township Zoning Commission but it was denied by the Olmsted Township Trustees. The developer then went to the Olmsted Township Board of Zoning Appeals (BZA) for variances from the R-40 zoning.. The R-40 requires a minimum lot size of 40,000 square feet and a minimum lot depth of 250 feet. The applicant submitted a site plan and letter to the Township BZA requesting variances from the 40,000 to not less than 24,000 square feet and stated that the average lot size would be 29,000 square feet. The plan also showed a 50-foot right-of-way (2.48 ac) and two open space blocks for detention areas (1.23 ac). The BZA approved the variances.
The preliminary plan being considered today has undergone some revisions since it was first submitted for review for the February CPC meeting. The applicant has made adjustments to the plan to comply with the County Subdivision Regulations Ms. Hopkins explained that the County's Subdivision Regulations require public streets to have a 60 foot of right-of-way and to provide sufficient stormwater detention and open space.
In order to comply with the subdivision regulations, the developer needed to increase the street right-of-way from 50 feet to 60 feet which dropped the average lot size to 27,682 sq. ft., took away two lots to provide the necessary stormwater detention and provided a stub street so that in the event that parcels west of the lot are developed that there a connection to an outside road can be made.
The only concern the CPC staff has is whether this submitted plan complies with the variances approved by the BZA because it was unclear from the BZA's minutes whether it intended for the average lot size of 29,000 to apply to the subdivision.
Ms. Hopkins stated that it is clear that the BZA granted a variance to reduce the minimum lot size from 40,000 square feet to 24,000 square feet and the minimum lot depth from 250 feet to 230 feet. All but two lots on the plan shown to the BZA fall below the 40,000 square feet, but the average was over 29,000 square feet. On the plan submitted to CPC, again, all but two lots fall below the 40,000 square feet but the average is now 27,682 square feet. The plan submitted to the BZA shows 45 lots and the plan submitted to the CPC shows 43 lots.
Ms. Hopkins stated that the resolution's first condition requires clarification from either the township trustees or a court of jurisdiction that what has been submitted to the CPC is consistent with the plan that was approved by the BZA and allows for preliminary approval of the subdivision contingent upon the clarification by the township or court.
Commissioner Dimora asked if the CPC was being asked to override the trustee's decision.
Mr. Alsenas stated that the CPC can approve a preliminary plan but can only make recommendations to the township on zoning variances but that once the plan is approved with number of lots shown the CPC will be affecting the overall density of the subdivision. He continued, stating that the issue is that once the CPC approves the preliminary plan it will affect the zoning and there is some uncertainty as to what the BZA did through the variance process.
Commissioner Dimora asked if the CPC should be voting on an issue that they are not clear on and asked Ms. Joyce Dodrill from the Cuyahoga County Prosecutor's Office for her opinion.
Ms. Dodrill stated her advice is to conditionally approve the preliminary plan pending evidence from the Township, the BZA or a court what exactly the BZA approved when the variances were granted. Ms. Dodrill explained that she has researched the issue and that the problem is that the BZA's record is unclear, in her opinion, as to whether it granted the variances such that the average lot size could be less than 29,000 square feet.
Ms. Dodrill stated that the courts have ruled that the BZA speaks through its minutes as approved and she has reviewed the minutes and the written application the developer submitted to the BZA. From the minutes, she can tell there was some discussion that there would be some possible changes to the plan depending upon the county subdivision review.
Ms. Dodrill explained that at the BZA hearing, an informational plan was submitted. On that plan, the average lot size was 29,737 square feet and twenty-nine (29) of the forty-five (45) lots would have a lot size of more than 29,000 sq. ft. but the preliminary plan before the CPC now shows that only six (6) of forty-three (43) lots would be 29,000 sq. ft. or larger, and she believes this is a discrepancy. Ms. Dodrill stated that it is appropriate for the BZA to clearly state what it approved, but the BZA did not. It simply stated that the application as submitted is approved.
Ms. Dodrill stated that after reviewing the minutes and application she has determined that the developer asked for variances that contained a limitation that the lot sizes overall would exceed 29,000 square feet and the plan that has been submitted now does not comply with that limitation. She believes that there is a question as to whether the plan complies with the BZA's decision. She does not believe that the CPC should be in a position to figure out how important the average lot size of 29,000 square feet is and that it is not the role of the CPC to interpret what the BZA meant.
Commissioner Dimora asked if the plan could be approved on a conditional basis or should the CPC wait for clarification from the BZA.
Ms. Dodrill stated that the CPC could do what it wants.
Mayor Longo asked about the pavement width of the streets because at 50 feet it would be difficult for emergency vehicles to pass if there were cars parked on the streets.
Mr. Alsenas stated that the developer has to build the street according to the County Subdivision Regulations and this issue would be reviewed by the County Engineer's Office.
Mr. Klaiber stated that since the road will be a dedicated street, his office requires a 60 foot right of way.
Mr. John Monroe of Mansour, Gavin, Gerlack and Manos, representing the developer stated that the developer is willing to adhere to the three pages of conditions attached to the CPC resolution, except for the first condition and suggested that the CPC is not overriding the township or BZA by approving the plan. Mr. Monroe stated that the developer received the variances in June 2007 from the BZA for the plan that was prepared at that time. Based on the development process, a developer does not fully engineer a subdivision if you are not going to get zoning approval. The one piece of information that Ms. Dodrill did not have when forming her opinion and which is now available is the transcripts from the BZA hearing, which Mr. Monroe received just yesterday. Mr. Monroe was making the transcripts available today and stated that the text of the transcript answers the CPC's question. Mr. Monroe read from the transcripts on page one where the BZA secretary stated that the applicant was asking for one variance for the lots to have a minimum 24,000 square feet in the R-40 district and a minimum lot depth of 230 feet, which does not conform to the minimum lot depth of 250 feet. Mr. Monroe stated that from the beginning of the meeting, everyone was aware of what the developer was seeking - slightly smaller lots and width because of the road configuration. Mr. Monroe stated that the minutes also reflect that the Chairman of the BZA stated to the audience that the plan being shown to the BZA was just a conceptual plan.
In addition, Mr. Monroe stated that the proposed plan is better than what was first proposed because the number of lots has decreased and the right-of-way has increased. Mr. Monroe stated that the types of changes that the plan has undergone were fully contemplated by the BZA and that the township's zoning has no provision for subdivision review of single-family houses; that is the CPC's job.
Commissioner Dimora asked Ms. Dodrill for a summation.
Mr. Alsenas asked Mr. Monroe what was the date of the transcripts?
Mr. Monroe replied that the transcripts were from the BZA meeting of June 20, 2007.
Mayor Blomquist asked for a point of order. He stated that at the last CPC meeting, the CPC decided to table the approval of the preliminary plan and that it is his understanding that the CPC makes a recommendation on a preliminary plan to the Olmsted Trustees for their approval. His concern is that now there is a preliminary plan for subdivision approval before the CPC and it appears that the Olmsted Township Trustees are not involved in the review of this subdivision.
Mr. Monroe stated that the there is no subdivision review plan and that the Trustees would not see the CPC resolution unless the CPC was changing the zoning.
Ms. Hopkins stated that the local zoning resolution is written for two (2) forms of development. The first type of development is a standard single-family subdivision which is reviewed by the CPC but not by the township and the second type is a planned residential development which has to be reviewed and approved by the trustees.
Ms. Dodrill stated that as part of the subdivision review, the CPC asked for comments from the township; however only the Zoning Inspector replied and we can't get a clear answer from the trustees.
Ms. Dodrill in response to Mr. Monroe's comment that the trustees don't need to comment because the CPC has the approval authority, stated that his comment was true, but the county subdivision regulations require that the township must verify that the preliminary plan complies with the township's zoning resolution and we have gotten negative reaction from the Zoning Inspector absent a good reason. In fact, Ms. Dodrill stated that the township's Zoning Inspector made several incorrect statements such as a zoning certificate is needed and that the plan needed to be resubmitted to the BZA. Ms. Dodrill indicated that plans do not go to the BZA for review.
Mr. Monroe stated that the plans are similar and that there was no reason to go back to the BZA. If they go back to the BZA what are they asking for - the same two variances that they got before?
Ms. Dodrill replied that the developer has the right to appeal to the BZA the recent decision of the Zoning Inspector. That would bring the matter back to the BZA and hopefully they would clarify what they granted when they granted the variances.
Commissioner Dimora stated that from now on whenever the CPC has a township issue a township representative must be present and if they don't come they are going to be subjected to what the CPC decides with or without their comments. Commissioner Dimora stated that it is important for them to be present so that when the Commission has a question, they can get answers. Commissioner Dimora asked Ms. Dodrill to clarify that the CPC asked for clarification and the township did not reply.
Ms. Dodrill stated that the township's reply was irrelevant because it was incorrect.
Ms. Hopkins stated that it is standard protocol for a subdivision applicant to send the CPC fifteen (15) copies of the documents and that CPC forwards the submitted plans to all three township trustees, the township clerk, the zoning inspector and others for comment. At this time, the CPC has only heard back from the fire chief, the zoning inspector and the secretary of the zoning commission.
Commissioner Dimora asked Ms. Dodrill if it was her recommendation to approve the resolution.
Ms. Dodrill stated that she had not read the BZA meeting transcripts and that it might be valuable to actually read whether the developer amended the application at the BZA and took out the representation that there would be a 29,000 square foot average lot size.
Commissioner Dimora asked if she wanted to read the whole transcript before making a recommendation.
Ms. Dodrill stated that the CPC can either pass the resolution with the first condition which only affects the developer in terms of the final plat after the developer has put in the infrastructure.
Mr. Monroe asked whether the developer has to come back to the CPC for the final plat.
Ms. Dodrill replied yes, that was correct, that after the roads and sewers have been installed, the developer comes back to the CPC for approval of the final plat.
Mr. Shannon asked Ms. Dodrill for clarification because she has stated that the CPC should move ahead and approve the resolution with the conditions but that the developer wants the resolution passed without the first condition. He asked if that leaves the CPC legally exposed or would it be better to postpone this decision until the next meeting in June. He then asked the developer's legal counsel, whether he wanted this matter voted on with all of the conditions in place or to wait two months to straighten out the confusion.
Mr. Monroe stated that if the CPC sent the developer back to the township it would be a problem and we will again be mired in the township's process.
Commissioner Dimora explained that Mr. Shannon is not asking you to go back to the township but asking you if you would be willing to wait for our legal counsel to review the transcripts before recommending approval.
Mayor Longo asked what the legal impact would be if the CPC were to delete condition #1 from the resolution.
Ms. Dodrill stated that such action would mean that the CPC would have approved the preliminary plan and the Township could theoretically appeal the CPC's decision to the Court of Common Pleas.
Commissioner Dimora stated that he was disappointed that no one from the township is here because it is unfair not to provide straight answers to the CPC.
Mayor Blomquist replied that the township trustees fulfill their statutory responsibility which is a part-time position and that it is hard to get them all to agree let alone get them to tell you what they want; that is why developers get bogged down in process.
Commissioner Dimora stated the CPC isn't looking for the Trustees to attend the meetings, but for the zoning board to provide clarification on what they approved, so that the CPC can make a decision on the subdivision preliminary plan.
Mayor Blomquist stated that as he views the March 2008 plan, he observes that the lot sizes have shrunk because the developer is putting in more right-of-way and other requirements. His concern is about the conservation easements on the lots around the cul-de-sac and that the usability of the lot is reduced, but that is the concern/problem of the future property owner. He notes that with the plan submitted to the CPC there is less density per acre, no lot is below the 24,000 square feet, there are fewer lots, there is more right-of-way, there should be enough space to construct the streets to the public standards, sidewalks should have enough treelawn between them and the streets, the stub streets, etc. He views the modifications that have been incorporated into the March 2008 plan as more important, and that he thinks this is a better plan than the one approved by the BZA in June, 2007.
Commissioner Dimora stated that he understood the Trustees' position, but when a person runs for office they are responsible for what goes on in their community and he asked was there a legal requirement for the township trustees or their representative to attend our meetings when we are deciding on township issues.
Mayor Gorden asked if anybody in the room was representing the trustees or Olmsted Township.
Mayor Blomquist stated that he was acting as their representative since he is the Southwest representative.
Mr. Alsenas stated that the staff has repeatedly asked someone to come to the CPC meetings, but get no reply.
Mayor Gorden stated that he did not feel comfortable moving forward with this resolution with all of the items that are still open and not having some representation from Olmsted Township at the meeting.
Commissioner Dimora stated that this is the second time the preliminary plan has been on the CPC agenda, that it was tabled at the last meeting, and that there is no guarantee that a township official will ever show up. Without any legal way of compelling a township representative to attend the CPC meetings, does that mean that the CPC can not fulfill their requirements?
Mayor Gorden stated that he believes that if the CPC specifically asks for some township representation and they don't show up, that solidifies the CPC's position.
Commissioner Dimora inquired if the staff had asked anyone from the township to be here today.
Ms. Hopkins replied that the staff did not make a special request for the Township to attend this meeting to specifically address this resolution.
Commissioner Dimora stated that the staff asked for clarification but not for someone to be here and did not receive any clarification.
Ms. Hopkins replied that when the building commissioner sent back the form with incorrect information and stated provisions of the zoning resolution with which the preliminary plan did not comply, Ms. Dodrill advised her that, because the building commissioner was in error and did not sufficiently address the staff's concerns, staff should send the building commissioner another form, and ask him to specifically respond to the two variance requests for this parcel. Ms. Hopkins stated that she sent another form regarding zoning compliance, Ms. Dodrill suggested copying the Chair of the Board of Trustees, and the building commissioner sent back the form with the same comments.
Ms. Hopkins stated that she made a specific request to the Township Trustees to designate a point person to reply to the CPC regarding a proposed subdivision's compliance with the Olmsted Township Zoning Resolution and she was told it was the building commissioner.
Mr. Alsenas asked Ms. Dodrill what recourse she had to get the answers she needed and was it possible that the CPC can take official action to compel the BZA to clarify their action.
Commissioner Dimora asked Ms. Dodrill whether she preferred for the CPC to hold or pass the resolution with certain conditions.
Mr. Monroe offered a compromise which would be that the CPC would pass the resolution on the condition that Ms. Dodrill review the BZA meeting transcripts and if is she comfortable that the BZA understood what they were approving the resolution would stand, because if the CPC sends the developer back to the BZA there will have to be another hearing.
Commissioner Dimora stated that he doesn't want this issue to go back to the BZA and that he was comfortable with passing the resolution on the condition that Ms. Dodrill will review the BZA meeting transcripts and that if she feels that the information provided in the transcripts makes the clarification that is needed, then the resolution is passed subject to Ms. Dodrill's legal recommendation. Plus the representative from that area is for it, if the documentation backs it up.
Mayor Blomquist said that was fair, that the plan looks like a better plan, seems to comply, and one can see the effects of discussions with the County Engineer's office, and it is a better subdivision plan as long as there is not a legal technicality.
Mayor Gordon stated that he is comfortable with a legal opinion from the Ms. Dodrill, but stated that his concern is that if Ms. Dodrill doesn't determine that the information was provided in the transcripts then the CPC is back at square one.
Mr. Monroe stated that the Township Trustees have had numerous opportunities to comment on the subdivision; if they were not happy with the BZA's decision in June they could have appealed it to court. The time frame to appeal is 30 days and the Trustees did not appeal the decision and now that opportunity is gone. So the applicant takes the position that if the Trustees didn't appeal the BZA decision then, you're out of luck. Plus they are not here today.
Ms. Dodrill agreed with Mr. Monroe but stated that the real issue is what the decision of the BZA was.
Mr. Monroe replied that the BZA gave two variances, one for lot size and one for lot depth.
Mayor Longo made a motion to approve Resolution No. 080410-C subject to review and approval by the county prosecutor's office.
Ms. Dodrill asked that the motion include the statement that the resolution would come back to the CPC if based on the county prosecutor's review of the BZA meeting transcripts that the issue was not clarified.
Mayor Longo requested that his motion be amended to state that the CPC's approval is subject to resubmission to the CPC based upon the recommendations of the county prosecutor.
Ms. Dodrill replied that would be sufficient.
Mr. Monroe stated that any delay would be a problem for the developer because he has purchased the land and is carrying interest on the property.
Mayor Blomquist replied that was not the CPC's problem and clarified Mayor Longo's motion that if there are found to be no problematic legal issues the CPC can approve this resolution and if Ms. Dodrill does find a problem this resolution will be tabled until the next CPC meeting.
Commissioner Dimora stated yes, if there is a problem, then the developer has to resubmit, but if Ms. Dodrill finds there is sufficient evidence that the variance was approved, the resolution passes at that point.
Mr. Monroe asked if the developer had to wait the two months.
Commissioner Dimora said No, it's dependent on what Ms. Dodrill says - that if the transcripts provide sufficient documentation that the variances were granted as the developer says, Ms. Dodrill has the CPC's permission based on the motion that has been made, the developer can move forward; however, if Ms. Dodrill finds a problem then the issue comes back to us at the our June meeting.
Ms. Dodrill requested that this be clearly stated for the record.
Ms. Hopkins asked for clarification on whether the first condition of the resolution comes out if approval of the resolution is contingent upon the county prosecutor's approval.
Mayor Longo replied that no, the resolution is what it is.
Commissioner Dimora asked Ms. Dodrill if the first condition can be amended subject to the approval or recommendation of the county prosecutor's office.
Ms. Dodrill replied that the motion should state that the first condition is amended to say that it is conditional approval subject to recommendation from the County Prosecutor's office, Olmsted Township, or a court.
Commissioner Dimora recommended that the amendment state that it is based on the approval of the County Prosecutor's office…
Ms. Dodrill said that the County Prosecutor's office doesn't really approve anything, only provides an opinion.
Commissioner Dimora continued…"based on the conformity of the two issues. He stated that the CPC does not need to have the plan come back to the CPC if it is clear. In Commissioner Dimora's opinion, if the two variances are approved in the BZA transcripts, then there is no issue, because the County Prosecutor will recommend approval anyway.
Ms. Dodrill stated that the CPC is approving the resolution, amending condition 1 saying that it will be satisfied in the event that the county prosecutor's provides a written opinion stating that the preliminary plan conforms to what the BZA approved.
Ms. Dodrill stated that she has looked at all the documents and it will be helpful to review the BZA transcripts to see whether in fact the application was amended by the applicant at the BZA hearing, and that the BZA understood that, and if she concludes that, then she will be able to write an opinion to the CPC that the variances were not conditioned by an average lot size.
Mayor Longo revised his motion to approve the resolution subject to review by the county prosecutor and that the first condition would be amended to provide preliminary plan approval contingent upon receipt from Olmsted Township, a court having jurisdiction or the opinion of the county prosecutor's office that the preliminary plan complies with the variances granted by the Olmsted Township Board of Zoning Appeals for the property.
Ms. Dodrill stated that the motion should include that in event that the county prosecutor's office is not satisfied the issue will be referred back to the CPC at its June 12th meeting.
Mayor Longo summarized the rest of the motion by stating that the county prosecutor's office will review the BZA meeting transcripts and if everything is acceptable, the CPC will not see the preliminary plan again, but if there is a problem, the issue will be referred back to the CPC on June 12th.
Mr. Monroe asked that as Ms. Dodrill works on her opinion is the developer prohibited from going back in the interim to the BZA.
Commissioner Dimora stated they could go back to the BZA if they choose, but if the County Prosecutor says everything is good, then the developer is done with the CPC for preliminary plan approval.
Commissioner Dimora asked if there was a second to the motion.
Mayor Blomquist seconded the motion and upon a vote the motion was unanimously approved.
Commissioner Dimora asked that in the future the township be notified that they are required to send a representative to the CPC meeting and that CPC should provide the township's building commissioner with the CPC's meeting schedule.
Ms. Hopkins informed the CPC that Resolution No. 080410-D had been withdrawn by the developer.
Mayor Longo asked the staff what its recommendation was for Resolution No. 080410-E.
Ms. Hopkins replied that the recommendation was to grant a one-year extension on the preliminary plan on the condition that the developer gets a valid National Pollutant Discharge Elimination System (NPDES) permit. Ms. Hopkins stated that the County Engineer's office has requested that the developer provide a current and valid NPDES permit at the pre-construction conference.
On a motion by Mayor Blomquist, seconded by Mayor Longo, Resolution No. 080410-D was unanimously approved.
Commissioner Dimora stated that the third community and planning issue would be postponed until the June 12th meeting.
SOLID WASTE DISTRICT REPORT
In response from a question from Mayor Longo, Mr. Holland reported on the special solid
waste convenience center. Mr. Holland reported that the Board of Commissioners has entered
into an access agreement with the property owner's, General Chemical, which allows access to
the property for a preliminary assessment. Mr. Holland stated that the Cleveland Metroparks
Commissioners have approved an agreement with Hull Environmental to do the preliminary
assessment work and are paying for the assessment with a Region 5 Environmental Protection
Agency grant. Mr. Holland stated that any delay in putting the Clean Ohio Program on the
ballot would put also delay the project.
Mr. Holland made a presentation on the District's annual analysis of waste flow in the county.
Mr. Holland reported that there was a seven percent increase in the amount of waste being taken to transfer stations in comparison to direct hauling. He reported that 99.9% of the county's waste leaves the county for nineteen (19) different landfills, which is up from sixteen (16) landfills from last year.
In terms of market share, Republic is the major leader in the market, with Allied down by four percent and Norton Environmental increasing by three percent.
Mr. Holland explained that the Stark/Tuscarawas/Wayne landfill is still getting the lion's share of the County's waste, increasing by one percent even though total tonnage has gone down. Mr. Holland stated that the waste haulers have sued the district on the rules that they have implemented and that the case is currently is in appellate court and it is expected to end up in the Ohio Supreme Court sometime next year.
In terms of tiered fees, Mr. Holland reported that the fees have gone down because the amount of waste the county disposed of in 2007 decreased; however the split remains the same with the Stark/Tuscarawas/Wayne landfill receiving 66% of the county's waste; however, the landfill is only collecting 51% of our Tier 2 fees because their $2 dollars fee is less compared to Lorain County's $4 fee.
Mr. Holland stated the amount of waste produced in the county has declined by 12.5% from 1.9 tons to 1.7 tons for several reasons: loss of population, residential waste declined by 9%; last year's dry summer resulting in a 10-15% reduction in yard waste disposal and that the District's recycling programs are starting to make an impact.
Mayor Gorden asked if there is a new use for latex paint.
Mr. Holland replied no, because a majority of the time latex paint is stored in a basement or a garage where it freezes and becomes unusable.
PROJECT HIGHLIGHTS
Mr. Alsenas reported that the CPC's weblog was mentioned as a best practice in the current
issue of the national planning magazine.
PUBLIC COMMENT
Mr. Ed Hauser provided each CPC member with a brochure regarding River Day on May 17th and
invited the CPC members to attend the County's bicentennial celebration that was going to be
held on Whiskey Island. Mr. Klaiber announced that the new bridge to Whiskey Island was
opened.
Ms. Thaler reported that the CPC staff was working with county administrator's office to have a River Day dedication ceremony for the bridge.
Mr. Hauser stated that he was here to express his concerns about the threat to Whiskey Island in relation to the port's expansion plans. He stated that no one really understands that the port is moving on the east side of the river, but is still intending to expand on the west side of the river which endangers Whiskey Island. He stated that Scott Wolstein is marketing his Flats East Bank development as providing great views of the Cuyahoga River and Lake Erie but that if the port is allowed to expand on the west side the residents view's will be marred by port operations.
He asked that the CPC be allowed to do an impact study the of the port's plan.
ADJOURNMENT
On a motion by Mr. Shannon, Commissioner Dimora adjourned the meeting.
Attachment A
Cuyahoga County Planning Commission/Solid Waste Policy Committee
| April 10, 2008 Attendance Record | |
|---|---|
| Member | Present |
| Mayor Robert Blomquist | Yes |
| Mr. Robert Brown for Mayor Jackson | No |
| Commissioner Jimmy Dimora | Yes |
| Mayor Merle Gorden | Yes |
| Commissioner Timothy Hagan | Yes - represented by Ms. Forbes |
| Commissioner Peter Lawson Jones | Yes - represented by Mr. Shannon |
| Mayor Edward Kelley | No |
| Mayor Thomas Longo | Yes |
| Mayor Eileen Patton | No |
| Mayor Kenneth Patton | No |
| Mayor Michael Procuk | Yes |
| SOLID WASTE POLICY COMMITTEE | |
| Ms. Virginia Aveni | Yes |
| Mr. Jack Licate | Yes |
| Others: Paul Alsenas, Chris Alvarado, John DeMuth, Joyce Dodrill, Patrick Holland, Kris Hopkins, Claire Kilbane, John Monroe | |
