Kirtland Feb. 3, 2017

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VOLUME 4 No. 9

Friday, February 3, 2017

Schools Sued Over Gifted Program District Also Faces Discrimination Lawsuit from Former Teacher

BY JOHN KARLOVEC NEWS@KIRTLANDCHRONICLE.COM A family resource coordinator at Kirtland Schools has sued the district, claiming its gifted program violates state law.

Lisa Lutz, who has been employed by the district since April 2010, filed a complaint in Lake County Common Pleas Court Jan. 12 against Kirtland Schools Board of Education and

Becky Malinas, the district’s director of pupil services and her alleged supervisor.

Lutz’s attorney is Car yn Groedel, who is based in Solon and was a former contestant on the TV series “Survivor: Palau.”

Groedel also represents Molly Crawford, a former Kirtland Elementary School intervention specialist whose contract the school board chose not to renew last May — allegedly based on

Malinas’ “ineffective” rating on her evaluation.

Crawford sued the school board and Malinas on Dec. 19, 2016, alleging gender-based discrimination and violation of public policy.

Like Lutz, Crawford is seeking more than $25,000 for violation of her civil rights, lost wages, mental anguish and other damages.

See Lawsuit w Page 5

MAGDALENE PESCH/KMG

Kirtland City Council President Bob Umholtz argued against jurisdiction.

Willoughby BZA Votes on Skeet Shooting Jurisdiction

BY MAGDALENE PESCH NEWS@KIRTLANDCHRONICLE.COM

Concerned citizens came in droves to the Willoughby Board of Zoning Appeals meeting Jan. 11 to present their opinions on Kirtland Country Club’s wish to continue skeet shooting, but they were to be disappointed.

Citing lack of jurisdiction, the board of zoning appeals, in a split 3-2 vote, refused to hear an appeal regarding the revocation of the conditional use permit that allowed

Hornets Nest Page 6

Coffee with Council

See BZA w Page 9 MAGDALENE PESCH/KMG

Kirtland City Council, the Planning and Zoning Commission and the Board of Zoning Appeals met jointly after the regular council meeting Jan. 18.

Bus Grant Residents Throw More Bones Drives in $225,633 for To Council on Animal Laws New Vehicles

BY MAGDALENE PESCH NEWS@KIRTLANDCHRONICLE.COM

BY AMY PENNZA NEWS@KIRTLANDCHRONICLE.COM Newly elected Kirtland Schools Board of Education President Tim Cosgrove had good news for district parents and community members at the board’s Jan. 30 meeting.

Presiding at his first regular board meeting since being elected president Jan. 3, Cosgrove announced the district had received a $225,633 grant for the purchase of four new school buses.

In a presentation to the board, district Director of Transportation Sheila Dikowicz explained how she See Grant w Page 2

Resident participation dotted Kirtland City Council’s Jan. 18 meeting yet again.

Council voted once more to table Ordinance No. 16-0-60, which amends Chapter 618 of the codified ordinances of the City of Kirtland relating to animals laws.

The board had tabled the ordinance at its Jan. 4 meeting while it continued to gather more information to make an informed decision.

Regardless, animal advocates lifted their voices Jan. 18, emphasizing points made at the prior council meeting.

“I’m here to support our cats, community cats. I’d like to pro-

pose that Kirtland (develop) a TN-R (Trap-Neuter-Return) program,” Angela Drive resident Sandy Metz said to council. “We need to educate our community members about things that are going on with feral cats in our community. Making a law to have a resident not be allowed to feed feral cats would not be a humane thing to do.”

Metz said there are ways that action can and should be humane.

“I feel that if you put guidelines in place for times t hat these cats can be fed, that would be something reasonable,” she said. “I believe that we should look at other communities that have had success wit h TrapNeuter-Release. The problem is not going to go away by not feeding the cats. I would like more

community education.”

Councilman Joe Smolic said the city has been looking at this amendment “pretty intently.”

“We’re still going through a few things on the dog-and-cat ordinance. I think I had eight calls this past week (regarding the animal ordinance) and we put a good seven or eight hours behind those people.”

He explained council will continue to proceed with careful and deliberate thought.

“So, I’m definitely not hanging up on you guys, but there is a health aspect that we have to look into. It’s not feral cats, it’s feral animals,” Smolic said. “We’re not specifying cats in particular. But the council has put a lot of time See Council w Page 10

The next Coffee with Council is scheduled for Feb. 11, 9-10 a.m. at Kirtland City Hall.

For more information, contact Kevin Potter at kpotter@kirtlandohio.com or 440-429-0293

Publication Schedule The Kirtland Chronicle publishes once a month.

Karlovec Media Group reserves the right to change, cancel or add publication dates at any time.

March 3 April 7 May 5 June 2 July 7

Aug. 4 Sept. 1 Oct. 6 Nov. 3 Dec. 1

facebook.com/kirtlandchronicle @kirtlandchron

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KIRTLAND CHRONICLE

Friday, February 3, 2017

A NOTE

CHUCK BICKART

Kiwanis Club of Kirtland students of the month for February 2017 are, from left, Ricky Holcknecht, Ian McGreal and Nickolas Barisic.

Kirtland Kiwanis Students Of the Month for February SUBMITTED Kirtland Kiwanis sponsors the “Student of the Month,” as chosen by the principal and staff from each Kirtland school.

Each student has their picture taken by Kiwanis member Chuck Bickart, receives a

certificate and a T-shirt that says “Student of the Month.”

The students of the month for Februar y 2017 are Nickolas Barisic (Kirtland Elementar y School), Ian McGreal (Kirtland Middle School) and Ricky Holcknecht (Kirtland High School).

FROM THE

MAYOR

Dear Kirtland Residents, project goal is to maintain safe access to the While we can never be sure exactly what recreation park. When complete, we will is in store for us in the coming year, the have pedestrians and cars separated by a Capital Improvements portion of the city guardrail on the road.

• Raccoon Hill Culvert Restoration: City budget does give some insight.

An important aspect of the Council already has approved this Capital Improvements plan is the project and awarded the contract. source of funding for each projIt will solve a failed deep culvert ect. Funds from the Lake County situation and restore the Management Stor mwater drainage.

• Local Roads Improvement: Agency, the Ohio Public Works I will be publishing the 2017 road Commission Grant Program, plan in early March. We are in the local road levy funds and city genprocess of evaluating and formueral funds are used in various lating a strategy. combinations to make projects Mayor Doug The plan will be published in happen.

Davidson the Kirtland Chronicle and availI also anticipate the city workable on the city website ing closely with James Gills and the Lake County Engineer’s Office on the (www.kirtlandohio.com).

There are a number of projects on the first phases of the state Route 306 work.

This year we anticipate work on the fol- list of needed capital improvements that are not yet funded. Among the currently lowing projects: • Route 306 Slope Stabilization: This unfunded items are the Wisner Road Bank work will be contracted and involves secur- Stabilization, Rockwood-Ledgewood drainage ing the roadway from failing as motorists improvements and a potential additional travel south up the hill toward the school. crosswalk for the school.

• Eagle Road (West): This project conFinally, thank you to John Karlovec, the tains numerous stormwater, safety and publisher of the Chronicle, for allowing my paving improvements. Our service depart- notes on the city to be published each ment crews will perform the work. month. I hope as residents we support his • Recreation Park Culvert Repair (North efforts in publishing through our donaSide): This work will be contracted. The tions.

Grant from page 1 applied for and received a Diesel Emissions Reduction Grant from Ohio EPA. According to Dikowicz, receiving the DERG grant was something of a longshot, as the EPA typically reserves these funds for vehicles with heavy emissions.

“Most of these grants go to vehicles that have far larger emissions, such as locomotives, steam engines and diesel tractor-trailers,” she said.

Despite the obstacles, Dikowicz decided to give it a shot.

“We had the right kind of fleet and the right kind of buses, so it was something I wanted to pursue,” she added.

She noted she probably wouldn’t have learned about the grant if she hadn’t had the opportunity to attend a professional development course to earn her master’s in transportation certification earlier in the year.

“One of the advantages of working at Kirtland truly is that the board and the administration are so gracious,” Dikowicz said. “Not only do they support, but they encourage you to go to as much professional development as possible.”

Dikowicz’s persistence paid off. Of the 52 applications Ohio EPA received, Kirtland was one of 30 school districts to receive a DERG grant.

The new school buses, which replace four 1995-2002 model year diesel-powered buses, are each capable of carrying up to 72 students.

With the money from the grant, the savings to the district is $225,633 plus longterm savings in fuel and maintenance.

In applauding Dikowicz’s efforts, Cosgrove explained the district already had plans in place to replace the buses at the rate of one per year.

“Thanks to your work, we’re going to save a quarter of a million dollars and we’re

“One of the advantages of working at Kirtland truly is that the board and the administration are so gracious. Not only do they support, but they encourage you to go to as much professional development as possible.”

– Sheila Dikowicz all very grateful,” Cosgrove said.

In other business, Cosgrove said the board is looking to set its priorities for 2017.

“First and foremost, our priority is academic excellence. We’ve got a great school here for great students and they deserve the best,” he said. “Obviously, there are financial realities we have to deal with. We have been very prudent over the years, which has allowed this district to extend the revenues we get. We have to continue to work harder and smarter with taxpayers’ dollars.”

Although Cosgrove praised the board’s fiscal prudence over the years, he also noted the five-year forecast shows a future deficit.

“When you look at the five-year forecast, the reality is that revenue is not going to match expenditures. Everything we do moving forward will be focused on academic excellence, but we have to get our renewal (levy) renewed in May,” he said. “We have a good history of support from the community, but can’t take anything for granted.”

Cosgrove pointed out the renewal levy scheduled to appear on the May ballot is not a tax increase.

The board also reviewed the district’s proposed calendar for the 2017-2018 school year and asked for public comments about it.

There were none.

Friday, February 3, 2017

KIRTLAND CHRONICLE

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KIRTLAND PUBLIC LIBRARY Kirtland Public Library is located at 9267 Chillicothe Road. Register for all programs at the front desk or call 440-256-7323.

Library Programs for Adults Book Bingo Winter reading program for adults continues. Keep reading to win a fabulous prize.

Essential Oils for Health and Wellness Feb. 15, 7 p.m.

Nancy Rattray, a board certified naturopathic doctor, will share her positive experiences with therapeutic grade essential oils.

Rattray will explain historical uses and how the oils work.

Essential oils can help support your immune system, provide respiratory support, help alleviate depression and empower you and your family to optimal wellness.

Rattray specializes in Clinical Aromatherapy, Raindrop Technique Facilitation, nutrition and reflexology. She will explain historical uses and how the oils work.

This is an interactive workshop.

Participants will make and take an essential oil Freshening Spray.

Space is limited to 15 people and there is a $5 supply fee.

Please register for this workshop.

Let’s Talk About It Book Discussion Feb. 27, 7 p.m.

We’ll discuss “Dead Wake: The Last Crossing of the Lusitania” by Erik Larson

Income Tax Forms It’s that time of year again. The library will have some forms, but there are some changes in the quantity of forms the library will receive this year.

The library WILL NOT have any Ohio Tax Forms. The state is not distributing them to libraries. You can still get a paper form by: 1. Visiting the Ohio Department of Taxation website, taxohio.gov.

2. Calling the 24-hour form request line at 1-800-282-1782.

3. Writing to the Ohio Department of Taxation, P.O. Box 2476, Columbus, Ohio 43216-2476.

The library WILL have Ohio Instruction booklets. And the library will have information about filing electronically.

The library WILL have some federal tax forms and instruction booklets. You can find information about forms and filing electronically at www.irs.gov.

The library WILL have some regional income tax (RITA) forms. You can find more

information about RITA filing at www.ritaohio.com As always, the Reference Staff will be happy to print any form you need, at no charge, but they cannot help with tax preparation.

Library Programs for Kids and Teens Winter Reading Our Winter Reading Program continues this month. Pick up your log sheet at the Children’s Reference Desk. Every day that you read for at least 20 minutes, cross off a cookie on your log sheet.

Then come celebrate at our End of Winter Reading Party on Feb. 24 at 3:30 p.m. Please register for the party.

Thursday Evening Storytime Thursdays, 6:30 p.m.

Join us for stories, songs, rhymes and surprises that help develop early literacy.

Lego Club Feb. 11, 2 p.m.

Come with your friends and build new creations each month!

Valentine Science Feb. 13, 6:30 p.m.

Come explore and experiment at this family-friendly program. Compose secret messages, create a valentine for the birds.

Please register.

Valentine Boogie for Preschoolers!

Feb. 14, 3:30-4:30 p.m.

Celebrate Valentine’s Day with your preschooler’s first dance party. Bring your little one, dressed to impress, and enjoy fun music, movement and dancing. Please register.

Teen Glow Party Feb. 16, 7 p.m.

Games, snacks, fun, all in the glow of numerous glowsticks.

Kids in grades 6-12, please register.

Music and Movement for Preschoolers Feb. 17, 10:30 p.m.

Get ready to move your body. Come enjoy shakers, bubbles, the parachute and more. For ages 2-5. Please register.

Preschool Storytime Tuesdays, 10 a.m. & 1 p.m.

Lapsit Storytime Tuesdays, 10:45 a.m.

Editorial Office 101 South Street P.O. Box 1166 Chardon, Ohio 44024-5166 ••• Phone 440-285-2013 FAX 440-285-2015 news@kirtlandchronicle.com Office Hours: 9 a.m. to 5 p.m.

Monday - Friday

Advertising Office 8389 Mayfield Road, Suite B5 Chesterland, Ohio 44026 ••• Phone 440-729-7667 FAX 440-729-8240 ads@kirtlandchronicle.com Office Hours: 9:30 a.m. to 4 p.m.

Monday, Tuesday, Thursday, Friday Closed Wednesday

Jeffrey B. Karlovec John D. Karlovec Publisher Editor Cassandra C. Shofar Rick Briggs Pamela J. Molnar News Editor Sales Representative Production Supervisor Jamie A. Ward Brian Lavrich Sue Geither Sports Editor Sales Representative Graphic Design Ann Wishart Sharon Waite Karen S. Kaplan Staff Reporter In-House Sales Representative Graphic Design Deadlines • Editorial submissions are printed as space is available, at the publisher’s discretion, and may be edited for length, clarity and grammar. All submissions are due by noon on the Monday prior to the first Friday of each month for consideration for that month’s edition.

•Email all editorial submissions to news@kirtlandchronicle.com.

• The space reservation deadline for paid advertisements in that month’s Kirtland Chronicle is 4 p.m. on the Monday prior to the first Friday of each month. Late ads may be accepted at the discreation of mangement.

• Email advertising requests and questions to ads@kirtlandchronicle.com.

Circulation • The Kirtland Chronicle is distributed for free each month to homes and businesses in the communities of Kirtland, Kirtland Hills and Waite Hill. It is mailed through the U.S. Postal Service.

• Copies are also available at more than 10 rack locations within Kirtland.

• Circulation in excess of 3,300.

• Produced monthly by the Kirtland Chronicle, LLC. • In case of error, we will re-print that portion of an advertisement that was in error. Notification of error should be made within three days of published date.

The Kirtland Chronicle, LLC assumes no responsibility of error contained in any pre-printed material delivered with the paper as an insertion therein.

• The Kirtland Chronicle, LLC reserves the right to reject or revise any advertisement or news item for publication. Letters to the Editor reflect the opinion of those signing them and not necessarily that of either the Kirtland Chronicle, LLC, its affiliates or its advertisers. All letters submitted are subject to editing, and none will be returned.

• The opinions and representations contained in advertisements are those of the advertiser. They have not been verified by the Kirtland Chronicle, LLC, nor should they be construed to represent the position or viewpoint of this newspaper or its publisher.

• Under no circumstances will any record filed in the county be suppressed at any time for anybody, except by order of court.

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KIRTLAND CHRONICLE

Friday, February 3, 2017

PARKS & RECREATION February Events in Lake Metroparks 10th Annual Winter Hike Penitentiary Glen Reservation Feb. 12 • 1-4 pm It may not be Mount Everest or the Arctic tundra, but Lake County has its own wintery wonders and amazing landscape to explore.

Hikers will embark on their choice of two hikes, varying in length and terrain.

Novice hikers will enjoy a short hike with flat and mild terrain led by Lake Metroparks naturalists. More experienced hikers will enjoy the challenge of a longer self-guided hike featuring rolling terrain and a few steep hills. Along the way they will encounter naturalists as they learn hands on how to survive hiking in winter.

Additional naturalists and volunteers will be roving along the paths to assist hikers in any way.

Trail maps will be provided to all hikers.

Warm yourself by a roaring campfire and enjoy s’mores after completing your hike.

Enjoy hot soup, warm cornbread and beverages served inside the Nature Center and listen to the sounds of live music. Browse a selection of nature-related items in The Nature Store, including birdfeeders, wildlife houses and other accessories, binoculars, books, field guides and clothing.

NOTE: NO DOGS are permitted at this event. Visit bit.ly/LMcanine for canine-friendly programs offered by Lake Metroparks.

A commemorative Winter Hike patch, s’mores, soup and beverages are included in the $8 registration fee. All ages are welcome (younger than 18 with an adult).

Register online at lakemetroparks.com, in person at Lake Metroparks registration department or call 440-358-7275 or 800-6699226.

Quilts 2017 Lake Farmpark Feb. 17 - March 29 • 9 a.m. to 5 p.m.

Tuesday through Sunday and Presidents’ Day The 26th annual Quilt Show at Lake Farmpark displays works from nationallyknown featured artists and regional quilters.

Explore more than 200 beautiful quilted works, including traditional bed quilts, contemporary wall art and apparel.

Information about the quilts, including artist name, city and story behind their work, is posted on each piece. For more information about Quilts 2017, visit http://bit.ly/quilts2017.

Regular Farmpark admission applies.

Farmpark members and children under 2 get in free.

Farmer Monday Lake Farmpark Feb. 20 • 9 a.m. to 5 p.m.

Bring the children to experience life on the farm making ice cream, meeting newborn animals and more.

Children participate in hands-on activities and snowshoeing scheduled throughout the day in addition to the regular Farmpark daily activities.

Regular Farmpark admission applies.

Farmpark members and children under 2 get in free.

Fun Day Monday Penitentiary Glen Reservation Feb. 20 • 10 a.m. to 3 p.m.

Bring the family and friends for a good time learning about nature during Fun Day Monday. Stop by the Nature Center for free fun indoor and outdoor activities.

Discover how animals are active in winter as told by the signs they leave behind.

Activities include scavenger hunts, a seasonal craft, hikes through the scenic trails, the

live animals from the Kevin P. Clinton Wildlife Center and much more.

Naturalists are available to answer all of your nature-related questions and to help guide you throughout the day.

Free admission.

Winter Bird Feeding

By Pat Morse, Interpretive Manager Many of our feathered friends fly south for the winter in search of food, but many stay right here in Northeast Ohio.

Resident birds that we see individually or in small family groups during the summer gather together in large flocks during winter as they search for food and shelter.

We also see some species in the winter only. These birds nest north of us and fly south to Ohio or beyond for their winter vacations.

Here are some year-round residents that are commonly seen at backyard birdfeeders: • Mourning dove • Downy woodpecker • Red-bellied woodpecker • Blue jay • Black-capped chickadee • Tufted titmouse • White-breasted nuthatch • European starling • Northern cardinal • House finch • American goldfinch • House sparrow Winter-only birds at your feeder may include: • Red-breasted nuthatch • American tree sparrow • Dark-eyed junco • Pine siskin Some year-round birds that dine on insects during the warm months change their diets to fruit in the winter. These birds can be seen, often in large flocks, at natural food sources, such as crabapple trees that

The Kitchen is the Heart of the Home ccording to the experts, remodeling your kitchen can make financial sense. The return on investment ranges from 91% to 98% but the real benefit is adding to the quality of life for the cook and the family. The kitchen is the heart of the home, the central gathering place, where everyone loves to be!

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Our certified kitchen and bath designer also holds a certification for aging in place design and as a general remodeler. We have a design plan in place that will take you through every step of the process with one point of contact and an emphasis on one stop shopping.

On display in our Tyler Blvd. showroom are beautiful Wellborn Cabinets, with Cambria quartz countertops. Hundreds of door styles and finishes to choose from and best of all, both Wellborn and Cambria are proudly made in the USA. We also have a complete closet and garage cabinetry showroom.

Our team will walk you through your selections from flooring, to paint, cabinets, counters, lighting, hardware, and more.

We partner with many Lake County businesses to insure you have reliable suppliers in your neighborhood.

If you’re already working with a contractor and they’re telling you to start shopping….no worries! We are ‘contractor’ friendly and can work together to deliver you the kitchen of your dreams.

So, if you’re ready to take the first step towards your new kitchen call us first! We are the only stop you’ll need to make your dream kitchen a reality! Call us today at 440-974-8201.

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still have fruit: • Cedar waxwing • Eastern bluebird • American robin Consider planting shrubs and trees that retain their fruit into the winter for these birds.

Winter bird feeding tips to help you have a successful and healthy backyard feeding station: 1. Once you start feeding the birds, don’t stop during the cold season. Although there are natural foods available, birds expend a lot of extra energy looking for new food sources if your feeders go empty.

2. Clean your feeders regularly. High concentrations of birds at your feeders can spread diseases quickly if they appear in the population. Disinfect feeders with soap and water and dip in a weak bleach solution (¼ cup bleach to two gallons warm water).

Always rinse well and dry before refilling.

3. Choose the correct bird feed for your feeder.Some feeders are suitable for sunflower seeds and mixed bird feeds, which are eaten by most birds at your feeders. others are designed for thistle (niger) seed, which is a favorite of finches and pine siskins. other special feeders hold suet cakes and seed logs.

4. Never use grease or petroleum jelly on feeder poles to discourage squirrels and other animals from raiding your feeders. If these substances come into contact with bird feathers, they can hinder flight and are impossible for the birds to clean off. Instead, purchase or make a pole-mounted baffle to keep animals from climbing the pole.

If you have questions about bird feed, birdfeeders or birds, please call Penitentiary Glen Nature Center at 440-256-1404 and a naturalist will be glad to help you.

The Nature Store at Penitentiary Glen also features a variety of bird feeders, field guides and other nature-related products.

Friday, February 3, 2017

KIRTLAND CHRONICLE

Friends of the Library Present Programming Debbie Gifford Presents Women in Jazz Feb. 8, 7 p.m.

International renowned singer Debbie Gifford will present a lecture/concert on Women in Jazz.

A Cleveland native, Gifford is a vocalist and a composer. She also leads her own jazz ensemble, “Debbie Gifford Jazz Impact,” and big band, “Debbie Gifford’s Sweet City Swing.”

She performs in Europe, China and all across the United States.

The Friends of the Kirtland Library are excited to bring Gifford to Kirtland.

There will be a very brief meeting of the Friends organization to elect officers and present a donation to the Deloris C. Parsons Endowment Fund prior to Ms. Gifford’s program.

Lawsuit

hours, Lutz claims prior to the June 16 meeting, she had never been asked or required to provide such information.

The following day, Malinas, who Lutz said is ultimately responsible for the district’s gifted program, gave her a memo in which she tried to “minimize or justify the severe deficiencies” in the program, the lawsuit alleged.

Lutz claims Malinas told her she delayed writing WEPs because she had not received the list of gifted students in time — even though the list is maintained in her office.

On June 26, Lutz said she addressed the fallacies in Malinas’ memo, citing to specific OAC provisions.

As a result of coming forward with her concerns, Lutz claims the district retaliated against her.

On Aug. 6, she was told her work schedule was being reduced from 18 hours to five hours per week, her hourly rate was being cut from $33.33 to $26.66 and she would no longer be performing many of the functions included in her job description.

Those functions included conducted workshops, being involved with the Ohio Coalition for the Education of Children with Disabilities, participating in parent organizations and attending regional and statewide networking conferences.

On Jan. 25, current Superintendent Bill Wade sent an email to district parents and staff in response to Lutz’s lawsuit.

“We are proud of our gifted program and what it has done for our students and community, and we stand behind its results. Any suggestion to the contrary we believe is unwarranted,” he said. “We are confident in the opportunities and services we provide our students, and that our parents recognize the value our district provides to our entire community.”

In a Jan. 30 email, Meyer said any comment from the district would come from Wade.

Board President Tim Cosgrove did not reply to an email seeking comment.

Wade told the Kirtland Chronicle Jan. 31 he and Malinas were unable to comment further on the suit upon the advice of legal counsel.

“Outside of that (Jan. 25 email), that would be the extent of our statement at this point,” he said.

Lutz is suing for violation of public policy, fraudulent inducement and breach of fiduciary duty. She is seeking a jury trial.

Her case, like Crawford’s, was assigned to Judge John P. O’Donnell.

from page 1 According to Lutz’s eight-page complaint, accompanied by several discovery requests, Lutz met with school board member Tom Meyer May 25, 2016, to complain the district was violating the Ohio Administrative Code’s operating standards for identifying and serving gifted students.

Lutz allegedly told Meyer the district had been presenting itself to the public, parents of students and the Ohio Department of Education as a school system that offers a gifted program, even though Kirtland Schools was not operating the program in conformity with state administrative law.

Those representations were material to her decision to keep her children in Kirtland Schools, Lutz alleged.

She claimed middle and high school teachers are unaware of the protocols they are required to follow for gifted students and they are not informed of gifted students’ goals nor the actions required to address parent concerns regarding students not meeting their goals.

In addition, Lutz told Meyer the district does not offer differentiated instruction for gifted middle and high school students, and failed to provide parents or teachers a copy of gifted students’ Written Education Plans prior to the start of the school year, as required by law.

Lutz claimed Malinas had backed-dated WEPs, “a fraudulent act that blatantly violates the OAC,” according to her complaint.

She reportedly told Meyer Kirtland Schools does not have a certified intervention specialist to provide instruction to gifted students in one or more service settings as administrative law requires.

At Meyer’s request, Lutz said she met with then Superintendent Steve Barrett to share her concerns. Barrett allegedly told her he would look into the matter and get back to her.

Three weeks after she initially met with Meyer, the lawsuit states Lutz was called into a meeting June 16 with Barrett and Malinas. She was “admonished … for not providing them with documentation of what she was working on, with whom she was working, how much time she spent with each parent and teacher, and a minute-byminute accounting of what she does each work day,” the complaint said.

Although she had kept track of her

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KIRTLAND CHRONICLE

Friday, February 3, 2017

KIRTLAND Hornets nest Are CVC Titles in the Future for Boys and Girls?

BY STEVE HARE OHIOVARSITY.COM Kirtland’s boys and girls basketball teams find themselves in similar positions heading into the final weeks of the regular season.

Each squad was in control of its own destiny in winning a Chagrin Valley Conference Valley Division title until upset losses left them in a tie for first place.

The girls’ team dropped a 27-25 game at Cuyahoga Heights on Jan. 28 and now the Hornets need some help to win the conference outright.

“Cuyahoga Heights is always tough over there,” said Kirtland coach Bob Bell.

“They’re tough in that gym. It’s hard to score over there. The kids played their hearts out but scoring is tough.”

The Hornets dropped to 15-3 overall and tied with the Redskins at 10-1 in the conference.

Kirtland has three league games left to play, including a road game at Independence and home games against Hawken and Richmond Heights while the Redskins host Hawken and Independence and travel to Cardinal.

“We have to worry about winning the rest of our ball games and we’ll be guaranteed at least a co-championship if we win them and whatever happens with Cuyahoga Heights happens,” Bell said. “We can’t control what happens with them.”

The Hornets are shooting 36-percent from the floor and 63-percent from the free throw line this season.

Junior Sydney Snyder leads the team in scoring average (19.3 ppg), rebounds (7.1) and steals (4.8). She also averages 2.1 assists per contest.

Junior Jenna Sayle is second on the team with 11.3 points per game and also averages 5.7 rebounds and 2.2 steals per game. She is second on the team with 17 blocked shots in 18 games. Sophomore Lauren Lutz has pulled down 6.9 rebounds per game and leads the team with 18 blocks in 18 games.

Freshman Lauren Snyder averages 2.0 assists and 2.6 steals per contest and junior Katie McCollister, lost for the season with a knee injury, posted a team-high 3.8 assists

STEVE HARE, OHIOVARSITY.COM

Kirtland’s Sydney Snyder records a steal in a win at Cardinal.

and 3.8 steals in just nine games.

Kirtland’s boys’ team lost to Hawken, 6562, on Jan. 24, leaving the Hornets and Hawks tied for first place in the division with two other teams mathematically still in the hunt for the league title.

The Hornets won at Hawken, 46-41, back on Dec. 23 and now need help from the other league teams to win the division outright.

Hawken battled back from a 16-3 deficit

to earn a season split.

“We just didn’t keep up the energy,” said Kirtland coach Nick Gallo. “We got off to a great start but I knew they were going to bounce back. We came out and pressed them and created some turnovers. We were playing at pace and made some shots but I knew the game was going to even out. We’re just two even teams.”

Palmer Capretta leads the team with 18.0 points per game while Brandon Samsa

(12.2) and Jeremy Davis (11.4) round out the top three scorers. Davis leads the team with 2.7 assists and 4.7 rebounds per contest. Capretta leads the team with 2.1 steals per game.

Young Wrestlers Improving Kirtland’s young wrestling team is showing improvement at the right time.

See Sports w Page 7

Friday, February 3, 2017

KIRTLAND CHRONICLE

Page 7

Area Students Display Artistic Talent in Gallery Exhibition STAFF REPORT Middle and high school students will be exhibiting works of art at the annual Lake County and Geauga County Juried Junior and Senior High School Art Show in The Gallery at Lakeland Community College.

The show provides talented students the opportunity to submit their projects for adjudication, with scholarship and monetary prizes awarded, said Jessica Novak, communications coordinator, in a statement.

For this show, 611 artworks were submitted with 432 accepted for display, she said, adding the show was opened this year to students in grades six through 12.

The exhibition runs Jan. 22 through Feb. 18, with an artist reception and awards ceremony slated for Feb. 18 at noon in the Dr. Wayne L. Rodehorst Performing Arts Center.

The gallery is located on the first floor of D-Building on Lakeland’s main campus at 7700 Clocktower Dr., Kirtland. All shows are free and open to the public.

In addition to the show, students and their parents are invited to attend an open house Feb. 18 at 10:30 a.m.

From the gallery, guests will be taken on a guided tour of Lakeland’s photography, graphic design, fine arts and music studios and be able to meet members of the faculty.

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Kirtland’s Brandon Samsa launches a shot in an overtime win against Cardinal.

Sports from page 6 The Hornets earned a split at the OHSAA state duals tournament on Wednesday then swept a Senior Night triangular with JFK (54-27) and Trinity (54-24).

Kirtland opened the state duals with a 60-24 win over Sandy Valley then got shut out by No. 1 Tuslaw.

Despite the big loss, Kirtland coach Scott Francis knows his wrestlers gained a valuable lesson.

“Two years ago we went down to the state tournament and we want to get back there again,” Francis said. “It was great for my young kids to see what type of team it’s

going to take to do that. They know what they’re up against and how hard they’re going to have to work now to get to that point. There’s no question how good they have to be to be that team that makes it down to the state tournament.”

Gus Mormino leads the Hornets with a 19-9 record. He has recorded 11 pins this season. Konnor Duncan (13-9) and Ben Marsh (8-4) also have winning records this season while Brayden Adkins (7), Kevin Dages (10), Jonathan Miller (10), Jeff Kusar (8), Brandon Hepper (9), Anthony Blasini (5), Spencer McClelland (5) and Carter Williamson (6) have recorded multiple wins.

The Hornets travel to Perry this weekend for the 2017 Chagrin Valley Conference Championships.

ZRCH]GZUB

Page 8

KIRTLAND CHRONICLE

Friday, February 3, 2017

KIWANIS KORNER

John Bodmer (right) presents a small parting gift to Bill Wynder at his last meeting.

anta Claus visited us on Dec. 1 at our annual Senior Dinner held at the Community of Christ Hall. Santa handed out goodies to all the “good” senior citizens that were invited to spend an evening of socializing and caroling.

A delicious meal was served by Mrs. Brettrager and her staff along with help from SUBMITTED BY about a dozen Kirtland STAN KRULC Middle School Builder’s Club members. A great time was had by all with lots of laughs and merriment.

S

Christmas Card Making It was a cold and snowy evening on Dec. 8, but despite the weather, about 25 club members and family got together to make Christmas cards to be sent to the residents of Golden Living Center and Heartland of Mentor nursing homes. Many of these folks don’t get any Christmas cards, so we try to brighten their holidays with this little piece of holiday cheer.

Our club started this tradition back in 1982 and many thanks go to Tony Zalar and Deloris Parsons for continuing to chair this worthwhile event. Our annual gift exchange followed the card signing and a good time was had by all (especially those with “festive” hats).

Ed Jurrus receives recognition for his years of service in Kiwanis from William Hyland, the Kiwanis’ district lieutenant governor.

Food Baskets On Dec. 16 and 17, many of our club members and Key Club members helped the Kirtland Area Service Council deliver food baskets to about 35 needy families in the Kirtland Area.

The KASC does a wonderful job filling this need. Not only are they feeding the hungry, but by getting the Key Club and the high school football team involved, they are teaching our younger generation to be kind and generous to those in need. Well done Kirtland Area Service Council!

If you want to spend a few hours feeling good about yourself by helping others, I urge you to get involved in this worthwhile project. If you can’t help physically, monetary donations are accepted by the Kirtland Area Service Council year-round.

Poker Tournament On Jan. 5, we held our annual Poker Tournament. We don’t use real money, but there is always the “highly coveted” plaques for the top five finishers.

This year’s tournament champ was Junior Orick, followed by Frank Lyon as the runner-up. Placing third through fifth, respectively, were Kevin Eilerman, John Bodmer and Mark Roulan. Congratulations!

We were also finally able to get Mike Rus, the carpentry magician of Kirtland to a meeting so we could formally thank him

www.kirtlandchronicle.com

PHOTOS BY CHUCK BICKART

Mike Rus (on the right), the carpentry magician who spearheaded the dugout and pavilion projects in Kirtland Rec Park, receives a plaque from President Jim Pawlowski.

with a plaque and a gift certificate for all of his help and leadership on the Recreation Park dugouts and the pavilion project.

Club’s Anniversary Celebration On Jan. 12, our club celebrated its 57th anniversary. The Kirtland Kiwanis were formed back in 1959, when these men got the charter for our club. They will forever be known as charter members: Herald Bates, Larry Brown, Don Caspell, John Conzett, John Diehn, Homer Dorr, Wesley Elford, Earl Feicht, Bill Fishleigh, Meeker, Goodrich, Bill Headings, Vern Helm, James Hogsett, Tom G. Johnson, John Kraus, Bob Mathias, Doug Mclintock, Vern McFarland, Harold Messner, Jim Naughton, John Nelson, Milton Nickolas, Melvin Pike, John Senkyr, George Smith, Bob Snelbaker, Billy Thorne, and Henery Venning. Members that reached milestones were given certificates and immediate past president, Rick Fox, was presented with a hard-bound book which was filled with memories and pictures from his year as president.

William Hyland, the Kiwanis’ district governor, was on hand to make the presentations.

Kirtland Schools Update On Jan. 19, Bill Wade, the Kirtland Schools superintendent and club member,

made an presentation about what is going on with our schools. Bill noted what the school has done with the grant the school shared with the Mentor Schools. He discussed several of the cost saving measures implemented in the recent past. He noted there will be a renewal levy on the ballot in May. It is a renewal and not an increase in taxes. Did you know that 95 percent of Kirtland students go on to higher education after graduation?

Reverse Raffle Feb. 25 Finally, we’d like you to know our third annual Kirtland Kiwanis Community Reverse Raffle will be held on Saturday, Feb. 25 at St. Noel’s Banquet Center, 35200 Chardon Road, Willoughby Hills.

The main board pays out $3,000 and proceeds for our $20 sideboard this year will be going toward the purchase of a grand piano for the Kirtland Schools.

Tickets are going fast, so contact one of our club members soon so get your tickets.

This event has become one of the social highlights of the year in Kirtland and is always a lot of fun. Join us!

Joining Kiwanis If you are interested and want to be a part of our organization, please join us at one of our meetings on Thursday nights, or call John for more information (440-256-1181).

Friday, February 3, 2017

KIRTLAND CHRONICLE

Page 9

BZA from page 1 skeet shooting.

Subsequently, the board did not proceed to hear arguments at the Jan. 11 meeting from the community about the actual merits of the country club’s appeal.

The country club had obtained a conditional use permit for skeet shooting for the 2015-2016 season — Nov. 1 to March 31 — from the Willoughby Planning Commission, however, the commission revoked the permit in October 2016, prior to the start of the next season.

So the country club filed, concurrently, appeals with the board of zoning appeals and the Lake County Court of Common Pleas.

Before voting on if it had jurisdiction to hear the appeal, the board of zoning appeals first accepted advice and opinions on the matter.

David Matty, who represented the planning commission, argued in favor of jurisdiction, saying Willoughby’s charter takes precedence over its ordinances.

“Your charter is the broad stroke of authority giving this board its jurisdiction this evening,” he said. “This board has authority to hear and determine appeals made from any ordinance, regulation, rule, restriction or limitation, or order of any administrative officers or agency.”

Matty also urged the board to favor jurisdiction for procedural and financial reasons.

“If, in fact, this case goes to court without (the board) finding jurisdiction, the judge in that case, following Ohio law, should remand it back for you to decide first, before that common pleas court enters its opinion about the case. That’s what Ohio law provides. So, I am here asking you not to have the city incur additional expense to go to court to explain to the court that you have jurisdiction when, in fact, an appeal has been voluntarily filed with you by the country club,” he said. “The country club has to exhaust its administrative remedies. It has to be here. If it’s not here and it’s only filed in common pleas court, my action is to ask that that court case be dismissed because they haven’t taken the proper procedural action to come to you first, before all the parties incur expense in a court case.”

David Ondrey, an attorney who represented the Kirtland Country Club, Bill Wynder, site director at the Historic Kirtland Visitors’ Center, and Bob Umholtz, Kirtland City Council president, argued against jurisdiction.

Ondrey said because of the language of the zoning code, the appeal belongs not before the board of zoning appeals, but in the Lake County Court of Common Pleas. “(The) zoning code states that appeals to this board may be taken by persons or bodies who are ‘adversely affected by any decision or action of the chief building and zoning inspector.’ That is not the case here,” Ondrey said. “There’s no decision by the building and zoning inspector or by any administrative officer deciding matters relating to the planning and zoning code.

It’s our contention that you’re a body, you are not an administrative officer, and, therefore, you don’t have jurisdiction to hear this appeal.”

MAGDALENE PESCH/KMG

Attorney David Ondrey represented Kirtland Country Club at the Jan. 11 Willoughby BZA meeting.

He said the planning commission acts as a body.

“No single member can make any decision on his own,” Ondrey said, adding a past precedent also indicates the appeal rightly belongs in court.

He referred to 2005, when the Willoughby Steak ‘n Shake obtained a conditional use permit for a drive-through. Burger King appealed this permit in the Lake County Court of Common Pleas.

“I don’t want you to dismiss us under merits (of the appeal), I want you to say that you believe this matter, (as with) any decision of the planning commission, as happened in the Burger King case, ought to go to court,” said Ondrey.

Wynder said Kirtland residents are “directly impacted by the pernicious secondary impacts from operating the shooting range here.”

He cited number six of the original conditional use permit and said the planning commission “granted the Kirtland Country Club a one-year permit to operate skeet shooting.’”

Wynder said what has been commonly referred to as a revocation is actually an expiration.

“That permit expired, according to its own terms, and was not renewed by the planning commission. To a person, the actual planning commission that heard and granted the original application said, ‘What we meant, and what we did, was to give you a one-year permit and we’re not going to renew that.’ Now, we may call that a revocation. ‘A rose, by any other name’ is what it is,” said Wynder.

He said if the country club wants a new conditional use permit, it should present to the planning commission “detailed plans” for how it intends to curb the noise of the shooting activity.

Umholtz argued, “The original grant of the conditional use permit was invalid from its inception. When conditional use permits are granted, under Willoughby’s ordinances, in addition to any specific conditions, the general criteria for all conditional uses must be met.”

He said the first criterion is that, “the

conditional use will be designed, constructed and operated, and maintained so as to be harmonious and appropriate with the prevailing existing or intended character of the general vicinity.”

“That’s not just Willoughby, the city, it’s the general vicinity,” Umholtz emphasized.

Umholtz said conditional use must not cause damage or disturbance or pose a threat to property value.

He praised the Willoughby Planning

Commission for doing “the right thing.”

“It recognized that (the skeet shooting) does interfere with the use and enjoyment of the properties in the immediate vicinity,” Umholtz added.

Board of zoning appeals Chairman Harry Siskind and members Michael Wildermuth and Al DiFranco voted against jurisdiction.

Siskind declined further comment.

Board members Merhar and Palmer voted in favor of jurisdiction.

Page 10

KIRTLAND CHRONICLE

Friday, February 3, 2017

Council

Planning and Zoning Update

from page 1 and effort into it and we will be making a decision. Like you say, it has been tabled and it’s tabled again today, so we should have a firm decision one way or the other going into the next week — or next council meeting, I should say. Thank you very much.

I appreciate you coming.”

Repeat visitor Willoughby resident David Sickles thanked council for its hard work on the animal ordinance.

“Just yesterday you were all sent an email included a copy of the Jacksonville, Florida ordinance, which has been in place since 1990. It’s working. It’s a common sense approach,” he said. “There have been several organizations I’ve been in touch with who are willing to come here and do free seminars to train people how to do it properly, and get them set up to do it properly.”

Sickles reiterated his concerns, also presented at the last council meeting, about codified language relating to animals. “(With no enacted ban of feeding feral animals), the public safety is protected as well as well as humane treatment and care of the animals. If you keep the ban in place, you’re forcing all these people underground,” he said. “They’re going to run out of their own resources and they’re going to be afraid to reach out for those (resources) that are available because they’re afraid that they’re going to be found out and someone is going to come in and swoop in and confiscate all the cats. Plus, the cats don’t get vaccinated, they don’t get spayed and neutered, so you have breeding that is out of control, as well as disease. So it’s a common sense

MAGDALENE PESCH/KMG

Woodcroft Court resident Paul Kosir expresses concern over the conditions of Woodcroft Court and Pinehurst Drive Jan. 18.

approach, I hope that you will all read it and consider it. Thank you.”

Smolic thanked Sickles, but clarified, “I don’t believe that Kirtland has ever taken a cat out of a house. I just wanted to put that out there, that Kirtland isn’t in habit of going out and taking cats out of people’s houses.”

“That’s just the fear that people have,” replied Sickles.

“I appreciate that very much, thank you,” said Smolic.

The Kirtland Safety Committee met before the work session that immediately preceded the regular council meeting.

The committee examined proposed drafts of the new animal legislation, which states if someone feeds the feral animal, he can be charged with ownership of the animal.

“Nobody shall keep or harbor any animal in a manner that creates a nuisance. And it shall be presumed that you are harboring if you are feeding such an animal or providing shelter or encouraging animals to remain upon the land.

So, if you’re putting out food, you are then encouraging all these wild animals to come,” said Assistant Law Director Nicholas Laudato.

Councilman Matthew Schulz mentioned he received a call from a Bridlehurst resident who supports the feeding of feral cats.

“I wanted to make their voice known here,” he said.

Smolic introduced into the discussion a note of caution that applies specifically to cats.

He distributed an article on toxoplasmosis.

“The cat is the only animal that is actually the host for toxoplasmosis,” he said. “All animals have it, but cats are the only ones that are a host — it reproduces in the stomach of the cat. They are the only one that can truly produce that parasite.”

With a theoretical example, Smolic explained how toxoplasmosis poses a potential threat to humans.

During the Jan. 18 Kirtland City Council work session, the board heard a brief presentation from Chris Galloway of Strategis, a site acquisition company.

Strategis is tasked find a location in Kirtland for a major cellular carrier to construct a tower. The city would earn revenue as a result of the tower’s presence.

A joint meeting of council, the Kirtland Planning and Zoning Commission, and the Kirtland Zoning Board of Appeals took place immediately after the regular council meeting.

Those present brief ly reviewed municipally significant major points of 2016. They also discussed resident interest in alternative energy sources and if an alternative energy ordinance is needed.

Councilman Kevin Potter raised the idea of an economic development task force for Kirtland, which would comprise individuals with interest in developing commerce and business relationships in Kirtland.

MAGDALENE PESCH/KMG

Rob Skrbis leads the Kirtland City Council meeting in President Bob Umholtz’s stead.

“Your cat’s going into the neighbor’s garden. It takes a poop in there and buries it. In the fall, now you’re susceptible when you’re clearing your garden out. Those parasites stay active for over a year. So the next year, you go digging in your garden. You could have a million of these things on your hands because they’re still there,” he said. “Then when the fruits and vegetables come up and you go to pick it up, that tomato’s sitting on the ground right there. You pick it up and eat it, you might have ingested toxoplasmosis.”

In other business, Woodcroft resident Paul Kosir spoke during the council meeting about pending roadwork.

“I’m concerned and I would like to ask you, when are you planning to resurface Woodcroft and also Pinehurst?” he said. “It’s awful. That road is awful. I hope that some of you would look at it and take some action on it.

“You’ve got very unhappy campers there.

I would like to have some answers on it.”

Mayor Doug Davidson said he appreciated Kosir’s input.

“I had an email on Pinehurst earlier in this week. I understand that the condition of Pinehurst, particularly the end of it by (state Route) 306, is poor. We’ll stretch the dollars as far as we can, get as many roads paved as we can, and try and do it correctly so we’re not having to come back and do rework,” he said. “I appreciate your concern, I appreciate you coming to the meeting and sharing it

MAGDALENE PESCH/KMG

Angela Drive resident Sandy Metz listens to Councilman Joe Smolic respond to her concerns about Kirtland’s ordinances on animals.

with us, thank you very much.”

Council also: • Put Resolution No. 17-R-1 on its second reading, declaring intent to conduct an Internet auction for the sale of unneeded, obsolete or unfit personal property of the City of Kirtland, and declaring an emergency. There was no discussion.

• Introduced Resolution No. 17-R-2, which accepts the amounts and rates as determined by the budget commission and authorizing the necessary tax levies and certifying them to the county auditor. All present councilmen voted to waive the three readings. There was no discussion and council voted to accept the resolution.

• Introduced Resolution No. 17-R-3, which authorizes the mayor to purchase one new 2016 Mack model GU-432 snow plow truck chassis and equipment for use by the service department, and declared an emergency. All present councilmen voted to waive the three readings and to accept the resolution.

Friday, February 3, 2017

KIRTLAND CHRONICLE

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KIRTLAND CHRONICLE

Friday, February 3, 2017

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As a reader, we know you value a vibrant newspaper that is dedicated to and reflects the community in which you live. An informed public means citizens understand what is happening in their community and have a voice in its direction.

However, the costs of production and delivery increase every year, so we need your help to remain a viable local news source into the future.

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With a voluntary payment of $15, you also will receive a free classified advertisement in the paper, a $10 value.

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