COUNCIL MEETING SUMMARY DECEMBER 2, 2025

Willoughby City Council Meeting Summary

•  December 2, 2025  •

Ken Kary • Councilman Ward 2

NOTE

These notes “are not” the official minutes for Willoughby City Council.

The views I express in these Council Meeting Summaries are my own and do not reflect any official view or position of the City of Willoughby.

The “official” Council Minutes are posted on the City of Willoughby Website  

https://willoughbyohio.com/city-council/

Committee Meetings

SAFETY COMMITTEE MEETING:

Committee:  John Tomaselli, Ken Kary, Dan Anderson

*The purpose of the Safety Committee Meeting is to discuss the costs for the new Willoughby Police Station.

WILLOUGHBY POLICE STATION CHANGE ORDERS & CONSTRUCTION UPDATE

Chairman Tomaselli stated that Mayor Fiala had sent out a memo regarding the change orders and there is legislation on the agenda this evening. Mr. Tomaselli turned the meeting over to Mayor Fiala. Mayor Fiala stated that the memo outlines change orders 001 through 006; these change orders are part of tonight’s legislation. Mr. Hennies will explain the change order process; how contractors request scope changes and associated costs. He’ll also provide a construction update.

Mr. Hennies stated that during construction, especially while excavating and opening walls and floors unknown conditions may arise. He stated that the contractor will submit an RFI (Request for Interpretation) when site realities differ from the construction drawings. The design team, client, and contractor jointly determine whether a change is required, assess cost and schedule implications, and will seek a no‑cost or no‑change solution whenever possible. He stated that when a change is inevitable, the team negotiates to mitigate or reduce costs to maintain the project schedule. Categories include code requirements, unforeseen/field conditions, owner changes, and errors and omissions. Timely decisions are a priority to avoid schedule impacts; items are bundled for approval.

Mayor Fiala stated that the change order process involves significant negotiation because it alters the original scope of work. Each change requires repricing and agreement between parties, which can take weeks or even months. During this time, construction cannot pause, as these changes are often time-sensitive and must be integrated while work continues. Mr. Hennies stated that issues are verified thoroughly rather than accepting initial recommendations. If a product is misplaced or defective, we will consult manufacturers, vendors, contractors, and subcontractors to explore alternative solutions.

Mr. Tomaselli asked who “we” is. Mr. Hennies stated that the “we” is the collective project team including the owner (City), the architect (Bowen), and the contractor who work together in weekly Owner, Architect, Contractor (OAC) meetings to review emerging issues, negotiate fair value, and recommend actions to the City. He stated that all decisions reflected in this list involve the entire project team (owner, architect, and contractor) through weekly OAC meetings. No single party makes financial decisions independently. Mayor Fiala gave the example, if the contractor identifies an unforeseen condition estimated at $10, Bowen may counter with $7.50. It is Bowen’s job to negotiate alternatives and costs before presenting a recommendation to the City for approval.

Mr. Carr asked if the City was at the beginning stage or ending stage of seeing change orders. Mayor Fiala stated that at the start of renovation projects, groundwater issues often arise. There were reinforcing walls that were leaking and there is another batch of change orders. Together, these should cover most changes since the project is already in the finishing stage; painting is underway. He stated he believes the worst is behind us after this and the next set of change orders.

Mr. Carr asked if the next set of change orders cost about the same? Mayor Fiala stated he believes so. Mr. Carr confirmed that those combined change orders is roughly 5% of the budgeted 10% contingency. Mayor Fiala stated that at the beginning of the project, Mr. Tomaselli asked about the $1 million contingency. He stated that it’s for these types of unforeseen costs. He estimates 10% as the maximum. He stated that every dollar saved goes toward the firing range, so minimizing contingency spending is the goal.

Mr. Hennies stated that most overruns occur during excavation; sanitary, storm, fiber, electrical, plumbing lines create a “spaghetti” underground. Renovations uncover hidden conditions despite inspections. Demolition often reveals surprises, especially upgrading this building to an essential facility with seismic and lateral bracing. These requirements add cost and complexity. Once finishes like paint and tile start, change orders taper off significantly.

Mayor Fiala stated that the project is slightly beyond the halfway point in the construction schedule. All rough-in work and site work have been completed, and the range is framed. The jail section is under construction but not yet roofed. In the existing building, drywall is installed, the first floor is already painted, and work on the second floor is progressing. Mayor Fiala stated that the team is optimistic that the worst of the unforeseen conditions and unexpected costs are behind them.

Mr. Hennies added that waterproofing concerns arose when walls were opened, revealing water spots. He stated this issue could be deferred for a year or two, addressing it now while trades are onsite may be more cost-effective than waiting several years when costs would be higher. These decisions involve judgment calls and pivots to ensure long-term efficiency.

Mr. Carr asked about the projected completion date. Mayor Fiala confirmed midsummer as the completion date (Mr. Hennies specified July for final completion). Mr. Hennies stated that substantial completion means the building can be used for its intended purpose and warranty periods can begin. Move-in typically takes four to six weeks, though inspection, especially for the jail by the Ohio Department of Rehabilitation and Corrections could delay occupancy. These inspections are unpredictable and may linger, but the team is working to minimize surprises by scheduling reviews before walls and ceilings are closed.  Mr. Carr ask about the $600,000 overage for dispatch workstations. Mayor Fiala explained that this was due to pre-purchasing dispatch equipment, which was not anticipated. To offset this, the City avoided hiring an owner’s representative and skipped some preconstruction services to save costs.

Regarding the change orders, Mr. Hennies stated that items 1 and 2 in the report relate to results from the building code officials and comments from the permitting process. These items emerged during the review to ensure compliance with building codes, which is a common occurrence in construction projects. Sometimes projects pass without issues, but other times, as in this case, there is a list of adjustments required. The plans examiner was thorough, which was beneficial because it ensured compliance down to details such as requiring certain outlets to be on emergency power. The presence of a sump pump in the elevator pit needed to be confirmed but was difficult due to lack of access. The lack of a sump pump could not be grandfathered in.

Mr. Tomaselli noted that these challenges did not indicate the building was in poor condition; rather, it was not originally designed to meet municipal building standards, such as those required for a police station. The building was previously an office space with no violations, but its new use required upgrades like installing a sump pump in the elevator shaft. Mr. Hennies noted the principle that “if you touch it, you have to upgrade it”. Mr. Merhar noted that code requirements evolve over time, even if the building was compliant when constructed.

Mr. Hennies stated this is part of the difficulties of adapting existing buildings for new uses. Another example is fire taping, a code requirement for draft stopping between the top floor and attic, based on construction type, height, and square footage. Although material was present, it was not properly mudded and taped at the seams. Drywall finish levels range from one to five, and the minimum acceptable level is one, so work was needed to meet that standard. Additionally, some drywall removal and replacement was necessary to achieve a “like-new” condition. The team tried to minimize costs by retaining existing materials where possible, but some replacements were unavoidable.

Mr. Hennies stated item 5R was associated with changes to detention doors. These were downgraded to heavy-duty commercial doors, while access control and low-voltage wiring were increased after bids were submitted. Although there was a credit for the door downgrade, the added wiring offset much of that savings. He stated this change reflected evolving security needs and input from the Police Department, which wanted every door monitored and access controlled. Another challenge involved reinforcing the existing building while adding new steel to support increased loads. Conflicts arose in certain locations, requiring extra labor, but overall, these issues were minimal compared to the scope of work. Steel reinforcement was added to every floor and wall, and most conflicts were resolved efficiently.

Mr. Carr asked whether all these changes were part of the original bid specifications. Mr. Hennies confirmed that new steel and reinforcement were included in the bid, though logistical challenges sometimes required adjustments. Contractors often suggested alternative methods to achieve design goals, and the team worked collaboratively to find practical solutions. Mr. Garry asked about the building’s original design. Mayor Fiala explained that code changes and the shift from office to institutional use necessitated reinforcing walls, which was accounted for in the bid documents. Mr. Hennies stated that extensive testing (core drilling) revealed minimal existing reinforcement and grouting, so upgrades were expected from the outset.

Mr. Hennies clarified that the building has a ground floor with a walkout on the north side and is fully underground on the south side, which contributed to water damage issues. Mr. Tomaselli raised a question about timing and cost overruns, comparing this project to road paving jobs where change orders sometimes appear months after completion. Mr. Hennies stated that surprises after six months would not likely occur because all changes are vetted and approved before construction ends. Mayor Fiala stated that contractors were asked to bundle change orders for efficiency, avoiding disputes after project completion. Mr. Hennies explained that the team carefully reviews such details to ensure final numbers reflect net changes, balancing added labor against reduced material costs. He stated that none of these costs arose unexpectedly; they were identified during earlier reviews but presented later in bundled form for approval.

Mr. Hennies gave a brief overview of the construction progress. One slide showed that the firing range addition, started around July, is nearly complete. The jail area is framed, and roof trusses are being installed. The front plaza includes reinforced barriers to prevent vehicle access, topped with brick veneer that will form the Memorial Plaza. Inside, the lobby has been opened up, with administration offices surrounding the double-height space. The records area and community room are framed and drywalled, and the lower-level roll call space is ready for finishes. Painting and tile work are underway, supported by temporary heat to protect HVAC systems during installation.

Mr. Tomaselli noted that contingency use is only at 2%, well below the typical 5–10%, which is considered a success.

The Safety Committee meeting adjourned at 6:38 p.m.

AGENDA

REGULAR COUNCIL MEETING

December 2, 2025

Mayor Fiala stated that the City lost a valued community member last week, Rich Regovich. Mr. Regovich played a key role in securing Shoreline Improvement District (SID) financing that allowed residents to procure lending for shoreline improvements and erosion controls. He was integral in obtaining Transportation for Livable Communities Initiative (TLCI) monies for the Vine Street project as well as monies for the Osborne Park project and Chagrin River project.

The meeting was led in Prayer and Pledge of Allegiance by Mayor Fiala. A moment of silence was observed in honor of Rich Regovich.

APPROVAL OF MINUTES-

Regular Council Meeting of November 18, 2025

STANDING AND REGULAR COMMITTEE REPORTS

Safety Committee, Mr. Tomaselli – Mr. Tomaselli reported there was a committee meeting this evening to discuss Change Order No. 1 for the Police Station (with legislation to vote on this evening) and an overall update on the building.

Service Committee, Mr. Anderson – Due to the absence of Service Director Palmisano, Mr. Anderson noted that leaf season will be extended due to the snow.

WPCC Committee, Mr. Garry – No report.

Planning Commission, Mr. Kary – No report. Mr. Kary stated that Planning Commission has a joint work session with Council next Tuesday.

CORRESPONDENCE

No correspondence

PUBLIC PORTION

Neil Sharp, 39425 King Edward Court, Willoughby, Ohio - Mr. Sharp stated he was here tonight to seek closure on one issue and get answers on two other questions previously raised with Mr. Tomaselli over the past year. He stated the primary concern is Route 84 between Polo Park and King Edward Court where there is a curve in the road. He stated that for 25–30 years, a snow fence was installed annually on the north side to reduce drifting and improve safety. This practice stopped about two years ago, and no definitive explanation has been provided. He stated that the situation is worse today. Ridgewood Greens has added an extra street, creating more traffic and complexity. The open space is now larger than before, with no trees or debris to act as a natural windbreak. As a result, snow drifts across the road far more severely than in the past. Last winter, a car slid across the curve, damaging a street sign and part of a fence. With sidewalks now on both sides, pedestrian safety is at greater risk. Mr. Sharp asked why the fence has not been erected. Mayor Fiala stated the fence has not been erected for the last few years due to the new development. Mr. Tomaselli stated that Mr. Palmisano explained previously that the snow fence was erected because there was nothing else to break the wind as it came across Rt. 84. There are now new homes on both sides of the street that would make installing a continuous fence challenging. Mr. Sharp stated previously there was a natural buffer of brush and trees which is now gone, leaving an open area of roughly 100 yards before the first home. Wind now blows across the road unobstructed, making conditions significantly worse than before. Mr. Sharp stated he would like an answer.

George, Chicago, Illinois (no last name or address given) – George stated he was calling because he wanted to bring to the attention of City Hall serious concerns regarding an individual, David Robert Coulter of Willoughby, Ohio. He stated that City Hall has reportedly received numerous reports about him, including allegations of terroristic threats. Despite multiple reports to the Police Department, no investigation appears to have been conducted. George stated he wanted City Hall to be aware of the daily terroristic threats he has made for the last four years and what Mr. Coulter possesses. George claims that Mr. Coulter has been deeply disrespectful toward certain racial and religious groups.

George stated that two years ago, this individual was intoxicated when making domestic terroristic threats, and he continues his online harassment daily. At this time George played an audio recording, which at the recommendation of the Law Director, it has been stricken from the record as it was deemed inappropriate. He claims Willoughby staff laughs at his jokes, and he regularly creates memes, cartoons, and disturbing content involving animals. He states that Mr. Coulter’s actions of cyber terrorism, hate, and threat shows he is unwell and dangerous.  Multiple complaints have been filed, and George states he has provided written evidence numerous times without response. George is asking the Police Department to conduct an official investigation immediately.

Tommy Egan, Boston, MA – Regarding David Coulter’s (Dr. Dave) videos, Mr. Egan stated he disagrees with George. He stated that George is also a YouTuber and he has gone out of his way to hurt Mr. Coulter because he dislikes Mr. Coulter’s comments. He stated that George conducts audits and Freedom of Information Act (FOIA) requests, which is fine, but he is rude and condescending to people. He stated that Mr. Coulter makes fun of George and when someone offers George even mild criticism, he blocks them. He stated that if you watch George’s videos, you’ll see how far he goes to get Mr. Coulter in trouble or even evicted.

UNFINISHED BUSINESS:

ORDINANCE NO. 2025-129 - Tabled

An ordinance amending Chapters 1103, 1131, 1141, and 1155 of the Codified Ordinances of the City of Willoughby, Ohio titled, "Definitions", "One Family Residential Districts", "Business Districts", and "Use Specific Regulations", respectively, and declaring an emergency.

Mr. Carr stated that all three ordinances (Ordinances 2025-129, 2025-130 and 2025-131) relate to short-term rental legislation and were tabled to allow for further discussion. He reminded members of the upcoming joint work session next Tuesday with Council and Planning Commission to review these details thoroughly. He stated that if consensus is reached during that session, these items could be brought forward for a vote at the final meeting of the year.

Mayor Fiala stated that if time permits, he would like to have a discussion regarding e-bike regulations due to increasing complaints. He stressed the need to chart some regulations regarding them. This ordinance will remain tabled.

No action taken.

ORDINANCE NO. 2025-130 - Tabled

An ordinance replacing Chapter 195 of the Codified Ordinances of the City of Willoughby, Ohio, titled, "Transient Guest Tax", in its entirety.

This ordinance will remain tabled.

ORDINANCE NO. 2025-131 - Tabled

An ordinance amending Chapter 779 of the Codified Ordinances of the City of Willoughby, Ohio, titled, "Transient Guest Registration"; specifically, Section

779.01 titled, "Register Required; Exceptions" and Section 779.03 titled, "False Registration".

This ordinance will remain tabled.

NEW BUSINESS:

RESOLUTION NO. 2025-135                   Motion carried 7 to 0

A resolution amending Resolution No. 2025-30 to provide for current expenses and other expenditures of the City of Willoughby, Ohio, during the period ending December 31, 2025, and declaring an emergency.

Ms. Hoffman stated that the total appropriation change amounts to approximately $4 million, with the majority allocated to capital projects. Adjustments to the general fund are relatively minor, primarily addressing line items that exceeded their limits or require reallocation between categories. A significant concern lies within the road and bridge fund, which has been impacted by multiple projects, including work on the River Road slope, the 84 slope, and an ODOT project that required payment this year for next year’s obligations. To ensure sufficient funding, additional appropriations were made following the recent contract approval for the Rt. 84 project, as well as for the upcoming River Road extension. Although grant funding supports these initiatives, a budget allocation is still necessary to cover expenses. The court fund adjustment reflects an increase in revenue, which allows for a corresponding increase in expenditures to sustain operations through year-end. Capital appropriations include funding for the Assistance to Firefighters grant, which required an increase in expenses; however, this was offset by the grant revenue received. Similarly, the Chagrin River floodplain restoration and trail connection project, supported by a National Oceanic and Atmospheric Administration (NOAA) grant, necessitated an expense increase of $1.2 million in anticipation of a change order, along with a matching revenue adjustment. Additional capital funding was allocated for future acquisition of the parks garage under building maintenance. Sewer-related adjustments account for higher collection fees imposed by the county, resulting in both increased revenue and expenses. Lastly, the Equalization Basin project exceeded its budget due to the recently approved phase two contract, requiring an appropriation increase to cover the shortfall.

RESOLUTION NO. 2025-136                          Motion carried 7 to 0

A resolution authorizing the Director of Finance to transfer funds from the Court Computer Fund to the Veterans Treatment Court Fund, and declaring an emergency.

Mr. Carr stated that amendments to the language need to be made to this resolution tonight.

RESOLUTION NO. 2025-137                         Motion carried 7 to 0

A resolution authorizing the Mayor to enter into a subrecipient agreement FY 2025 with the Board of Lake County Board of Commissioners to utilize proceeds from the Community Development Block Grant (CDBG) Program for Fiscal Year 2025 for the purpose of providing an Osborne Park Informational Sign Replacement in an amount not to exceed $40,000, and declaring an emergency.

Mr. Carr stated that an email had been sent earlier by Ms. Keller. Ms. Keller stated that legislation was passed previously for fair housing and permission to apply for the grant. Mr. Tomaselli stated the sign project had appeared on the capital list two years ago. The current grant covers $40,000 of the estimated $65,000 total, which includes electrical and foundation work.

RESOLUTION NO. 2025-138                          Motion carried 7 to 0

A resolution authorizing the Mayor to enter into an agreement with Ciros Property Management, Inc. in the amount of $675,000.00 for the purchase of real property necessary for municipal purposes; said real property located at 37482 and 37484 North Industrial Parkway and further identified as Permanent Parcel No. 27A028A000270, and declaring an emergency.

Mr. Lucas stated this is an opportunity for the City to purchase an adjacent property at a considerable discount. He stated the property owner was highly motivated to assist the City, offering it for $675,000 which was significantly less than a previous offer he had received. The purchase agreement is being drafted, with both parties represented by legal counsel, and the anticipated closing date is January 2nd. The property currently has four leases that will remain in effect during the purchase period, and the City is reviewing these agreements to determine whether they are assignable or extinguished upon sale. This review is taking longer than drafting the purchase agreement itself, but updates will be shared with Council. Mr. Carr stated the intended use of the property is for Parks and Recreation purposes, specifically as a garage and storage facility to replace an existing building in poor condition behind the current Service Garage. Mayor Fiala stated the estimated costs to construct a new building was $2.3 million, so acquiring this property represents a significant savings; approximately a half a million dollars. The building is in good condition and located directly adjacent to the existing service garage, making it an ideal location.

Mr. Anderson raised questions about the lease agreements, noting potential complications such as first right to purchase. Mr. Lucas confirmed that he is looking into the lease to find out if they are assignable or extinguishable upon sale. Financially, the City plans to adjust the budget by adding $300,000 to the building maintenance capital fund, supplementing funds already accrued for such projects. This incremental amount will cover the purchase price. Mr. Lucas confirmed that assignment and assumption provisions will be included in the purchase agreement, along with individual agreements for each lease. These steps will not require additional legislation because of the existing leases. The longest lease runs for another year and a half, but the City expects immediate access to much of the building since the leased areas do not interfere with occupancy. The City does not want to be a landlord. Ms. Keller stated that one-quarter of the building will be vacated by March 2026, another tenant is on a month-to-month lease, and half of the building will be available immediately. The building is twice the size of the current Parks Garage, so even partial access will meet immediate needs.

RESOLUTION NO. 2025-139                          Motion carried 7 to 0

A resolution approving Change Order No. 1 in the Willoughby Police Station Project with Infinity Construction Co., Inc., and declaring an emergency.

Mayor Fiala stated that the Change Order consolidates several items previously discussed in the Safety Committee Meeting.

The Legislative Caucus adjourned at 6:58 p.m.

NOTE:

For accuracy, this section has been copied from the council meeting minutes

MAYORS REPORT

No report

DIRECTOR’S REPORTS

City Engineer Lannon – Regarding the Vine Street storm sewer project which is the large storm sewer being installed from the basin to the railroad underpass, Mr. Lannon stated the construction has shifted directly onto Vine Street which is causing traffic impacts. The trench itself is roughly the width of one full pavement lane, so traffic is down to a single lane at night. During the day, an extra lane is needed just to move heavy equipment and materials, which makes it even tighter. Mr. Lannon stated there will be a shutdown during the holidays but construction will last until the end of January. He stated the contractor had hoped to be further along by now, but the boring under Route 2 delayed them by about a month. The bore was handled by a subcontractor and ran into alignment problems with the tunnel for the plastic pipe installation. He stated Route 2 was never in danger, but the subcontractor had to redo a lot of work with extra bracing and welding to keep the tunnel straight. The pipe under Route 2 is now in place, and crews have moved on to the next stage.

Mr. Carr asked if the letters to property owners regarding sidewalks were sent out. Mr. Lucas stated the letters were sent out and revised to soften the language and make them less harsh.

Police Chief Schultz – Chief Schultz thanked Council for the passage of Resolution 2025-139. He stated they are working to minimize change orders on the new facility. He stated the Stuff the Cruiser event was held last month at Giant Eagle and was a success. The department is still collecting toys for the U.S. Marine Corps Toys for Tots program; drop-off bins are in the Police Department lobby for another week. He stated this Saturday from 12 p.m. until 3 p.m. at Great Lakes Mall is the Lake County Protect and Serve Tavern event, sponsored by local police chiefs, offering free non-alcoholic drinks and snacks. The Holiday Heroes program for needy kids at Edison Elementary and Grant Elementary is coming up; he thanked the Willoughby Fraternal Order of Eagles for their generous donation.

Parks & Recreation Director Keller – Ms. Keller reminded everyone that Thursday is the tree lighting at 7 p.m. which will also kick off the Shop the Block Golden Ticket Raffle in downtown Willoughby. This is the new name for the holiday stroll through the merchants association. Ms. Keller thanked Council for the passage of Resolution No. 2025-137. Ms. Keller stated she received the permits for the Osborne Park project this afternoon. She will notify the neighbors on Beachview the schedule of construction.

Finance Director Hoffman – Ms. Hoffman thanked Council for the passage of Resolution No. 2025-135 and 136.

COUNCIL REPORTS

Ms. Sievers – Ms. Sievers reminded everyone that Wreaths Across America will take place at both Willoughby cemeteries on December 13th from 12 p.m. until 1 p.m. This event places wreaths on veterans’ headstones.

Mr. Tomaselli - Mr. Tomaselli stated that the Miracle on Erie Street 5K will take place this Saturday, December 6th.

ADJOURNMENT

The Regular Council Meeting adjourned at 7:42 p.m.

COMMENTS BY COUNCILMAN KARY

I want to take a moment to share my THANKS to Councilman Mike Merhar for his service to the city of Willoughby.  Mike always spoke with a clear mind and conviction in his principles and constituents.  His attention to detail will be missed.  I also want to take a moment to WELCOME Councilman Elect Larry Luciano, who will be replacing Councilman Merhar in Ward 5.  I genuinely look forward to his service to Willoughby and this special neighborhood, Ward 5.  Beth and I lived in this ward for about 25 years on Waldamere Ave.

As we move closer to the end of the year, I want to send my regards to EVERYONE IN WILLOUGHBY and also to those who follow my posts that have ties to our great city.  Stay in touch…………..Sincerely, Ken.

NOTE

The views I express in these Council Meeting Summaries are my own and do not reflect any official view or position of the City of Willoughby.  The “official” Council Minutes are posted on the

City of Willoughby Website

https://willoughbyohio.com/city-council/