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City Council

Regular Meeting

New Philadelphia, OH · February 26, 2024

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Minutes

NEW PHILADELPHIA CITY COUNCIL MET IN REGULAR SESSION IN COUNCIL CHAMBERS ON FEBRUARY 26, 2024 WITH PRESIDENT PRO TEM DAN LANZER PRESIDING. COUNCILMAN RIPPETH OFFERED A PRAYER, AND ALL IN ATTENDANCE RECITED THE PLEDGE OF ALLEGIANCE. COUNCIL MEMBERS IN ATTENDENCE MR. KRIS KREINBIHL MR. DAN LANZER MR. MITCH PACE MRS. CHERYL RAMOS MR. STEVE RIPPETH MR. TOM SIMMELINK MR. MIKE WALKER EXCUSED ABSENSES: PRESIDENT DON KEMP  MR. KREINBIHL MOTIONED TO ADD RESOLUTION 2-2024 TO TONIGHT’S AGENDA MR. PACE SECONDED THE MOTION 6 YEAS RESOLUTION 2-2024 HAS BEEN ADDED TO TONIGHT’S AGENDA  MR. RIPPETH MOTIONED TO APPROVE MINUTES FROM THE FEBRUARY 12, 2024 REGULAR SESSION OF COUNCIL MR. KREINBIHL SECONDED THE MOTION 6 YEAS MINUTES FROM THE FEBRUARY 12, 2024 REGULAR SESSION OF COUNCIL HAVE BEEN APPROVED CORRESPONDENCE . . . . . . . . . . . . . . CLERK, JULIE COURTRIGHT 1. To Councilman Lanzer from President Kemp, dated February 15, 2024. This is an email titled “Airport Hangar Rental Fees”. Mr. Kemp asked Mr. Lanzer to take this issue into his Committee. 2. To Council and Administration from Mayor Day, dated February 16, 2024. This is an email titled “Inspection of the Wastewater Treatment Plant” with a report attached. 3. To Mayor Day from Erin Wright with OMEGA dated February 20, 2024. This is an email titled “ODNR Recreation Trails and ODNR Clean Ohio Trails Announcement.” 4. To Council and Administration from Mayor Day, dated February 26, 2024. The Mayor’s Report. MAYOR’S REPORT/REQUESTS ….MAYOR JOEL B. DAY Mayor Day had the following report: 1 Balancing the Permanent Appropriations Budget Yesterday (Sunday) I met with Council Finance Committee Chairman Rippeth to get a summary of last week’s committee meeting that I missed due to illness. The chairman and I came up with a list of revisions to the permanent budget’s General Fund appropriations that the Finance committee should consider. We believe that the revisions would result in a balanced permanent appropriations budget for 2024. Staff reductions are not on the list. Chairman Rippeth and I agree that monthly budget review meetings will be necessary for the remainder of the year to make sure that the budget remains in line with revenue projections. Removal of the Batting Cages at Tuscora Park RTY, Incorporated plans to obtain three more kiddie rides for the midway at Tuscora Park. To make room for them, the City will be removing the batting cages, which have remained inoperable for several years. There have been no takers in the City’s attempt to sell the batting machinery. So, it will be taken as scrap by the contractor doing the demolition job, which should be completed within the next two months. Thank You Reeves Foundation Trustees On behalf of the City, I would like to thank the trustees of the Reeves Foundation for helping to fund two key community projects. The Foundation awarded RTY, Incorporated $108,000.00 to help pay for the replacement of the broken axle on the Ferris wheel at Tuscora Park. And the Foundation also gave $31,231.00 to the New Philadelphia Youth Soccer Association to construct new fencing around the soccer fields at the Southside Community Park. The Reeves Foundation continues to be a blessing to our community because of its support of projects that benefit people of all ages and sustain our quality. SERVICE DIRECTOR………….. Service Director Ron McAbier: Mr. McAbier had the following report: Last week Superintendent Myers and I had met with Craig Butler with Muskingum Watershed, and Mark Johnson from the EPA, and Dave Lautenschleger from Muskingum Watershed. We talked about the low overhead dam by the AEP property. There are some grant opportunities and some other things that we can do there and be fully funded through that process. We’re working on that project and waiting to see if funding will be available. It would be 100 % funded if it could happen. What they’re doing is for clean water. They’re working on grant money. Also the restrooms on Al Maloney midway, all the exterior doors are in and the heat is in. It’s painted in there. We’ve got the base molding that needs to be done. Also, I wanted to bring up the temporary marking for the Towpath Trail on Union, 10th Street, and Miller. Weather permitting we might start doing that within the next few weeks. Next week material bids will be opened up and that will also be our landfill fees. Mrs. Ramos had the following question: For the markings on the trail, what is going to the cost? Mr. McAbier says he doesn’t have that cost yet. It’s in the budget under “materials”. AUDITOR ……………MS. BETH GUNDY…………..NO REPORT Mrs. Gundy noted that the auditors will be in “any time now”, and they will likely reach out to the Councilmembers. The auditors are with Rea and Associates. Mrs. Ramos had the following question: The management letter that we got copies of in December for the year 2022 from the auditors, had we addressed those concerns? Mrs. Gundy: I’ll have to review all that again because I didn’t commit it to memory, but it’s always an ongoing effort. SAFETY DIRECTOR ………..MR. GREG POPHAM…………..NO REPORT - 2 TREASURER . . . . MR. TOM GERBER……………….NO REPORT Mr. Rippeth stated that he would like to sit down with Mr. Gerber sometime and talk about some of our investments so that he has a better understanding, as Chair of the Finance Committee. LAW DIRECTOR……MR. MARVIN FETE………….NO REPORT BOARD/COMMISSION REPORTS: PLANNING COMMISSION……………….MAYOR JOEL DAY The Planning Commission will be meeting on March 12th at 1:00 in Council Chambers. We’re Anticipating another visit by Wendy Moehler with Compass Point Planning. She should be Giving us the first complete draft of our zoning revisions. BOARD OF ZONING APPEALS…….MR. RON MCABIER The Board of Zoning Appeals will be meeting on March 12th at 5:00 PM in Council Chambers. AIRPORT COMMISSION…….MR. DAN LANZER We just had a minute-and-a-half meeting of the Airport Commission tonight. That’s going to be the Legislation we’re going to be asking Council to pass at the next meeting when we get that all drawn Up. It’s in regard to airport hangar rental increases. PARK BOARD………………….MR. MITCH PACE…………NO REPORT CEMETERY BOARD…………………….MR. MITCH PACE………..NO REPORT HEALTH BOARD ………………….…. MR. TOM SIMMELINK The Health Board met on February 14th and they presented their annual summary of communicable Diseases for the last year in the City. Covid was at the top of the list as you would expect, then came Chlamydia, Gonorrhea, Hepatitis C, followed by Lyme Disease. 3 STANDING COMMITTEE REPORTS: FINANCE COMMITTEE ………………MR. STEVE RIPPETH Mr. Rippeth had the following report: The Finance Committee met here in Council Chambers on February 21, 2024 at 3:00PM. There was give and take between the department heads, Auditor Gundy, and Members of Council. We went through the line items in the budget to find where we can bring our General Fund into balance. I want to express my appreciation to everybody that participated that day. I thought we had good conversations and hopefully it opens the doors to some solutions to our problems. We adjourned at 4:41. . PUBLIC WORKS AND ECONOMIC DEVELOPMENT COMMITTEE…MR. DAN LANZER Mr. Lanzer had the following report: We met tonight at 7:32. We met very briefly and voted unanimously to have the legislation brought up for hangar rental increases. SAFETY, HEALTH, AND SERVICE COMMITTEE……MR. TOM SIMMELINK….NO REPORT ZONING AND ANNEXATION COMMITTEE……MRS. CHERYL RAMOS Mrs. Ramos had the following report: We had a good Public Hearing tonight. I learned a lot. SALARY COMMITTEE………..NO REPORT………MR. KRIS KREINBIHL Mr. Kreinbihl had the following report: The Salary Committee met tonight in Council Chambers. The purpose of the Meeting was to discuss Resolution 2-2024, which was to authorize approval of an agreement between the City and AFSME. After discussion the Committee voted to place the Resolution on tonight’s agenda and pass it on 1st Reading. We adjourned at 6:53 PM. PARKS AND CEMETERY COMMITTEE……………MR. MITCH PACE………NO REPORT SPECIAL AND CONTACT COMMITTEE……MR. MIKE WALKER……NO REPORT Mr. Walker noted that there will be a meeting prior to the March 11, 2024 Council Meeting. VISITOR’S COMMENTS__ Dale Burk of 1003 Ray Ave NE had the following comment: This is in reference to the DORA proposal in the downtown area. Just to save time I made a list of negatives for this proposal and potential problems that could occur within the City. Mrs. Ramos has copies of that and I made enough to provide everybody one. The only other thing I want to add to that is, I don’t know how money moves through the City government, but from what I understand there’s a little bit of a budget problem within the City right now. There was also talk that people could possibly lose there jobs or be laid off over this situation. I really don’t know as a City how we could possibly talk about a proposal like DORA and then turn around and talk about people losing there jobs. No matter what anybody says there are going to be 4 costs that arise with this DORA proposal. My thought is, if this proposal goes forward and it goes through, I feel that the businesses that are going to profit from this proposal should be the businesses that pay for these expenses. I don’t think is should be on the City. Jodi Salvo of New Philadelphia had the following comment: I know you’ve always seen me here talking about substance abuse prevention and mental health issues. Tonight, I want to introduce myself as a candidate for House District 51. I’m running as a Republican in the March primary. I just wanted to let you know a little bit about my why. I served the community for 12 years passionately to protect our children, our youth and our communities. I just came to a position where I really feel like we need a change. I’m a mom, a community leader, and I really just want to represent Tuscarawas County well. You pretty much know my stance on protecting young people. As a candidate I am a conservative. I do not believe in government overreach. I am passionate about local control. In the world I work in I have seen the City, I’ve seen may of our communities in Tuscarawas County, the County as a whole. This is an amazing place to live. I work across the State of Ohio, and I know for a fact that when we have community problems, we have community leaders that can get things done. I will be a very strong supporter, I am an advocate, to restore local funding to our local communities for us to do the jobs we need to do. Another couple of reasons just in place is I really feel like we need a strong voice in Columbus to present our community values. I just want the best for our community. I am well- seasoned at being a strong force to protect what I’m passionate about. What’s in it for me is to hear the voice of the community. I’ve always been present in the community and I am very committed to learning. There are some areas that will be new to me and I’ll keep knocking on doors across the county, learning what’s important to our constituents. I would encourage anyone to check out my campaign page. It would be my honor to represent the City of New Philadelphia. You do amazing work. Ken Hacker of 735 Miller Ave. NW had the following comment: I’m speaking to the rezoning issue. You folks who vote on this need to go out and actually look at the situation. The maps helped me understand it a little more. I have an above ground pool and buy my chemicals at Martinelli’s. I’m just encouraging you because it’s a big decision. You need to look at it closely before making any changes. Thank you. COUNCIL COMMENTS Mrs. Ramos had the following comment: I would just like to encourage everyone on Council to read the survey that was done by Ageos 360 on the downtown. They had over 200 respondents but there were 5 results that I would like to share. The first one was parking needed in the downtown. I did get a phone call from an elderly resident in my Ward who said the exact same thing. The second issue was safety. Those are the priorities from the survey. READING OF ORDINANCES AND RESOLUTIONS ORDINANCES: 5-2024 AN ORDINANCE BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA, OHIO TO AMEND ORDINANCE 159 BY REPEALING SECTIONS 159.02 SICK LEAVE; VISIT BY CITY NURSE AND 159.03 RESIDENCE REQUIREMENT. 1st Reading 6-2024 AN ORDINANCE BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA, OHIO, TO REPEAL CODIFIED ORDINANCE CHAPTER 778 CLOSING OUT FIRE SALES IN ENTIRETY. 1st Reading 9-2024 AN ORDINANCE BY THE COUNCIL OF OFTHE CITY OF NEW 5 PHILADELPHIA, OHIO TO PERMANENTLY REZONE THE FOLLOWING PARCELS IN THE CITY OF NEW PHILADELPHIA, OHIO FROM RESIDENTIAL ZONE TO BUSINESS ZONE. 3rd Reading 10-2024 AN ORDINANCE BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA, OHIO TO PERMANENTLY REZONE THE FOLLOWING PARCEL IN THE CITY OF NEW PHILADELPHIA, OHIO FROM RESIDENTIAL ZONE TO INDUSTRIAL ZONE. 3rd Reading MRS. RAMOS MOTIONED FOR APPROVAL OF ORDINANCE 10-2024 MR. PACE SECONDED THE MOTION 6 YEAS ORDINANCE 10-2024 HAS BEEN APPROVED RESOLUTIONS: 2-2024 A RESOLUTION BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA, OHIO, TO APPROVE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF NEW PHILADELPHIA, OHIO, AND AFSCME OHIO COUNCIL 8 AND LOCAL 1958 AND OHIO COUNCIL 8 SERVICE, MAINTENANCE, AND TECHNICAL EMPLOYEES CHAPTER AND AUTHORIZING THE MAYOR AND SERVICE DIRECTOR TO SIGN ON THE CITY’S BEHALF. 1st Reading MR. PACE MOTIONED FOR SUSPENSION OF RULES ON RESOLUTION 2-2024 MR. RIPPETH SECONDED THE MOTION 6 YEAS RULES ARE SUSPENDED ON RESOLUTION 2-2024 MR. PACE MOTIONED FOR APPROVAL ON RESOLUTION 2-2024 MR. RIPPETH SECONDED THE MOTION 6 YEAS RESOLUTION 2-2024 HAS BEEN APPROVED UNFINISHED OR OLD BUSINESS: Mrs. Ramos had the following comment: I would like to ask about drones in the City. Did we do anything with that. Mr. Fete: Drones have FAA regulations so they’re governed by Federal Law. Mrs. Ramos: Is there an Ordinance that you have to be licensed to use a drone in the City. Mr. Rippeth: 6 You have to be FAA certified to be a commercial drone pilot. As a private citizen, as long as my drone is under a certain weight I have to register that drone with the FAA and follow FAA regulations. I can’t fly it at the airport because that’s a no-fly zone. Mrs. Ramos: Can we be concerned as a City? Mayor Day: Tell the citizen to let the police know if someone is bothering them with a drone. NEW BUSINESS: NONE With no other business to discuss Mr. Simmilink motioned to adjourn at 8:09 PM. CLERK OF COUNCIL______________________________________________________ Julie Courtright APPROVED ______________________ PRESIDENT OF COUNCIL __________________________________________________ Don Kemp 7

Agenda

AGENDA February 26, 2024  CALL MEETING TO ORDER  INVOCATION  PLEDGE OF ALLEGIANCE  ROLL CALL  AGENDA  ADDITIONS TO AGENDA  MINUTES FROM: 1. February 12, 2024 Council Meeting  CORRESPONDENCE: 1). 2). 3).  ADMINISTRATIVE REPORTS: Mayor, Service Director, Safety Director, Auditor, Treasurer, Law Director  BOARD/COMMISSION REPORTS: Planning, Board of Zoning Appeals, Airport, Park, Cemetery, Health  COUNCIL COMMITTEE REPORTS: ( ) Finance ( ) Zoning & Annexation Committee ( ) Salary ( ) Special/Contact ( ) Safety, Health, & Service ( ) Parks & Cemetery ( ) Public Works & Economic Development  VISITOR’S COMMENTS  COUNCIL COMMENTS  *LEGISLATIVE AGENDA ORDINANCE# TOPIC STATUS 5-2024 An Ordinance by the Council of the City of New Philadelphia, Ohio to amend 1st Reading Ordinance 159, repealing sections 159.02 sick leave; visit by City Nurse and 159.03 residence requirement. 6-2024 An Ordinance by the Council of the City of New Philadelphia, Ohio to repeal 1st Reading Codified Ordinance Chapter 778 closing out and fire sales in its entirety. 3rd Reading 9-2024 An Ordinance by the Council of the City of New Philadelphia, Ohio to Permanently rezone the following parcels in the City of New Philadelphia, Ohio from Residential Zone to Business Zone. 3rd Reading 10-2024 An Ordinance by the Council of the City of New Philadelphia, Ohio to Permanently rezone the following parcel in the City of New Philadelphia, Ohio, from Residential Zone to Industrial Zone. RESOLUTION# TOPIC STATUS NONE UNFINISHED OR OLD BUSINESS NEW BUSINESS ADJOURNMENT * Prior to voting on any Ordinance, Resolution, or Suspension of Rules, Council President shall ask for Public Comment, Administration Comment, and Council Comment, in that order. Agenda is current as of Thursday, February 15, 2024, 7:02 PM

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