City Council

NEW PHILADELPHIA CITY COUNCIL MET IN REGULAR SESSION IN COUNCIL CHAMBERS ON MARCH 10, 2025 WITH PRESIDENT DON KEMP PRESIDING. COUNCILMAN RIPPETH OFFERED A PRAYER, AND ALL IN ATTENDANCE RECITED THE PLEDGE OF ALLEGIANCE. *A MOMENT OF SILENCE WAS HELD FOR SAFETY DIRECTOR GREG POPHAM, WHO HAD PASSED AWAY THAT DAY. COUNCIL MEMBERS IN ATTENDENCE MR. KRIS KREINBIHL MR. DAN LANZER MRS. CHERYL RAMOS MR. STEVE RIPPETH MR. BRIAN SEARS MR. TOM SIMMELINK MR. MICHAEL WALKER EXCUSED ABSENSES: NONE  MR. RIPPETH MOTIONED TO ADD RESOLUTION 5-2025 TO TONIGHT’S AGENDA MR. LANZER SECONDED THE MOTION 7 YEAS RESOLUTION 5-2025 HAS BEEN ADDED TO TONIGHT’S AGENDA  MR. RIPPETH MOTIONED TO ADD RESOLUTION 7-2025 TO TONIGHT’S AGENDA MR. KREINBIHL SECONDED THE MOTION 7 YEAS RESOLUTION 7-2025 HAS BEEN ADDED TO TONIGHT’S AGENDA  MR. LANZER MOTIONED TO ADD RESOLUTION 2-2025 TO TONIGHT’S AGENDA MR. RIPPETH SECONDED THE MOTION 7 YEAS RESOLUTION 2-2025 HAS BEEN ADDED TO TONIGHT’S AGENDA  MR. LANZER MOTIONED TO ADD RESOLUTION 3-2025 TO TONIGHT’S AGENDA MR. RIPPETH SECONDED THE MOTION 7 YEAS RESOLUTION 3-2025 HAS BEEN ADDED TO TONIGHT’S AGENDA  MR. LANZER MOTIONED TO ADD RESOLUTION 4-2025 TO TONIGHT’S AGENDA MR. RIPPETH SECONDED THE MOTION 7 YEAS RESOLUTION 4-2025 HAS BEEN ADDED TO TONIGHT’S AGENDA  MR. LANZER MOTIONED TO ADD RESOLUTION 5-2025 TO TONIGHT’S AGENDA MR. KREINBIHL SECONDED THE MOTION 6 YEAS, 1 NAY (MRS. RAMOS) RESOLUTION 5-2025 HAS BEEN ADDED TO TONIGHT’S AGENDA  MR. KREINBIHL MOTIONED TO ADD RESOLUTION 8-2025 TO TONIGHT’S AGENDA MR. LANZER SECONDED THE MOTION 7 YEAS RESOLUTION 8-2025 HAS BEEN ADDED TO TONIGHT’S AGENDA  MR. SIMMELINK MOTIONED TO APPROVE THE AGENDA WITH THE ADDITIONS MR. WALKER SECONDED THE MOTION 6 YEAS, 1 NAY (MRS. RAMOS) THE AGENDA HAS BEEN APPROVED  MRS. RAMOS MOTIONED TO APPROVE THE MINUTES FROM THE REGULAR 1  SESSION OF COUNCIL ON FEBRUARY 24, 2025 MR. RIPPETH SECONDED THE MOTION 6 YEAS, 1 ABSTAINED (MR. SIMMELINK) MINUTES FROM THE FEBRUARY 24, 2025 REGULAR SESSION OF COUNCIL HAVE BEEN APPROVED CORRESPONDENCE . . . . . . . . . . . . . . CLERK, JULIE COURTRIGHT 1. To Council and Administration from Executive Administrative Assistant to the Mayor, Jami Bailey, dated February 28, 2025. This is the Mayor’s Month-end Report for February of 2025. 2. To Council and Administration from Mayor Day, dated February 28, 2025. This is an email titled “TAP New Philadelphia Shout-out” and it states the following: “The work of the Tuscarawas Art Partnership is being recognized on the State level.” Mayor Day shared an email that was sent to him by TAP’s Wilma Mullett. 3. To Council and Administration from Mayor Day, dated March 4, 2025. The State of the City Report. 4. To Council and Administration from Danielle DeMattio with the Auditor’s Office, dated March 4, 2025. This is the Auditor’s February 2025 Report. 5. To President Kemp from Law Director Fete, dated March 6, 2025. This is an email titled “Please Assign to Committee of the Whole” with Resolution 8-2025 as the attachment. President Kemp assigned the legislation to the Committee of the Whole. 6. To President Kemp from Law Director Fete, dated March 6, 2025. This is an email titled “Please assign to Mr. Rippeth’s Committee” with Resolution 7-2025 as the attachment. President Kemp asked Mr. Rippeth to take the legislation into his Committee. K 7. To President Kemp from Law Director Fete, dated March 6, 2025. This is an email titled “Please assign to Mr. Simmelink’s Committee” with Resolution 6-2025 as the attachment. President Kemp asked Mr. Simmelink to take the legislation into his Committee. 8. To President Kemp from Law Director Fete, dated March 6, 2025. This is an email titled “Please Assign to Mr. Lanzer’s Committee” with Resolution 2-2025, Resolution 4-2025, and Resolution 5-2025 as the attachments. President Kemp asked Mr. Lanzer to take the legislation into his Committee. 9. To Council Clerk from Treasurer Gerber, dated March 6, 2025. This is the Investment and Savings Report for February of 2025. I emailed the report to Councilmembers. MAYOR’S REPORT/REQUESTS ….MAYOR JOEL B. DAY……EXCUSED ABSENSE President Kemp made the following statement: The Mayor is in D.C. for a Conference. We have a Resolution that is up for passage tonight to Commend the Kent State Tuscarawas Women’s Volleyball Team on their National Championship. (President Kemp asked Members of the Volleyball Team who where in attendance at the meeting to come to the front of Council Chambers. The Council Clerk read a Proclamation from Mayor Day to the Team Members. The team was then awarded a framed copy of the Commendation Resolution 19-2024. SERVICE DIRECTOR………….. Service Director Ron McAbier: Mr. McAbier had the following report: 1. Some of the parking signs are downtown. Shelly and Sands will be coming in to start the striping for the bike lane. From Beaver through Founders Hall they’ll have the symbols and lanes through that. On Wednesday they’ll be starting at the courthouse. They still have a lot of work to do, restoration work between the sidewalks and curbs. There are six risers for the manholes that need put in. I will up date as they continue to go through there. 2. At the last Council meeting I brought up that we had material bids last Monday, then bids for Glen Drive Phase 2. One was under $500,000 from TR Snyder, who we had do work for us before. That will officially be named on Friday. 3. The cost of materials has been going up. Right now it’s up about 12%. Every November I have to recommend increases in prices for water and sewer. 2  4. An update on the water leak mentioned in the last Council Meeting. After putting the insta valve in we worked another day and a half and got it tied up. AUDITOR ……………MRS. HEATHER DENHAM……………….NO REPORT SAFETY DIRECTOR ………..MR. GREG POPHAM TREASURER . . . . MR. TOM GERBER Mr. Gerber had the following comment: I submitted the February Investment and Savings Report to the Clerk and she sent it out to everyone. LAW DIRECTOR……MR. MARVIN FETE Mr. Fete had the following report: I only recently learned of the passing of Greg Popham and I wanted to share my memories of him. When I was a little kid running around at Tuscora Park Greg Popham was a police officer. It was really unusual that you remember the names of police officers when you were a little kid if you didn’t get in trouble. My dad would point him out as a police officer you trust. So imagine somebody that I looked up to as a child being able to work with him as Law Director when he was Safety Director. I really admired his wealth of knowledge. He was better than having a Google Search Engine or an entire law library. I literally called him on Saturday to get his advice and input about something. He knew our codified criminal code better than I could if I’m here for another 20 years. He'd tell me chapter and verse where to look for it. I’d ask him what they did in the past. That’s something I deal with all the time. Having his guidance and wisdom available to me was invaluable, and more than that I cherished his friendship, as everyone else did. He was one of the kindest most gentle souls you ever met. We lost a tremendous public servant and it’s a terrible loss for our community. I ask that you pray for his family, and to the young people out there watching. This is the type of man you want to grow up to be. BOARD/COMMISSION REPORTS: PLANNING COMMISSION……………….MAYOR JOEL DAY …………EXCUSED ABSENSE With nothing on the agenda the Planning Commission Meeting set for tomorrow has been cancelled. BOARD OF ZONING APPEALS…….MR. RON MCABIER With no variance requests to be heard the Board of Zoning Appeals Meeting will be cancelled for tomorrow. . 3  AIRPORT COMMISSION…….MR. DAN LANZER The Airport Commission will be meeting tomorrow at 6:00 PM at the Harry Clever Field Meeting Room. PARK BOARD……………………….MR. BRIAN SEARS………NO REPORT CEMETERY BOARD…………………MR. BRIAN SEARS……..NO REPORT HEALTH BOARD ………………….…. MR. TOM SIMMELINK I talked to the Mayor and I suggested to him that we invite Vickie Ionno to our March 24th Council Meeting. Vickie is our Health Commissioner. We should also invite Nicole Bache, our current Director of Nursing. Nicole has been chosen as our new Health Commissioner when Vickie retires in June. They presented their annual report at the last meeting and I went over it with them. In 2024 the receipts were $867,000 out of that amount $313,000 came from our General Fund, $411,000 were in grants. 90% of the expenses were for salaries. Our health department employees don’t make more than the county health department. Dover paid $230,000 to the County Health Department. We have an excellent reputation at the Phila Health Department. A lot of people from all over the county come to our health department. The Health Board will be meeting Wednesday at noon in this room. STANDING COMMITTEE REPORTS: FINANCE COMMITTEE ………………MR. STEVE RIPPETH Mr. Rippeth had the following report: The Finance Committee met tonight at 6:46 in Council Chambers. We discussed Resolution 5-2025 and Resolution 7-2025 which we’re taking action on tonight. We also discussed Ordinance 4-2025 which we decided to hold some further discussions about. We adjourned at 7:16 PM. We will be scheduling a meeting the middle of next week to discuss final appropriations. PUBLIC WORKS AND ECONOMIC DEVELOPMENT COMMITTEE…MR. DAN LANZER Mr. Lanzer had the following report: The Public Works and Economic Development Committee met this evening at 6:30. We had four resolutions: 2-2025, 3-2025, 4-2025 and 5-2025 to discuss. All four of them passed and moved along to the agenda tonight. 4 SAFETY, HEALTH, AND SERVICE COMMITTEE……MR. TOM SIMMELINK Mr. Simmelink had the following comment: We need to have a meeting prior to the next Council Meeting to discuss what to do with an old fire truck. It’s Resolution 6-2025. ZONING AND ANNEXATION COMMITTEE……MRS. CHERYL RAMOS Mrs. Ramos had the following report: Just to update information on the McClave Annexation. I’m waiting on the go-ahead from the Code Administrator. SALARY COMMITTEE………..………MR. KRIS KREINBIHL……….NO REPORT PARKS AND CEMETERY COMMITTEE……………MR. BRIAN SEARS…….NO REPORT SPECIAL AND CONTACT COMMITTEE……MR. MIKE WALKER………..NO REPORT VISITOR’S COMMENTS_ Kerry Metzger of New Philadelphia had the following comment: I’m here tonight as the Chair of the Empower Tusc Coalition and I’m representing the Empower Tusc Coalition in my remarks. I have a great passion for protecting our youth in regards to drug use and misuse. Sometimes that passion is overwhelming for me. I would like to thank Council for determining that you’re just going to have a 1st Reading. That was a huge issue that the Empower Tusc Coalition had. We feel that the community and the public has the opportunity to voice their opinions on this major policy change. A little over 4 months ago this Council passed a Resolution creating the DORA. It was stated during it’s passage that the reason for support of the DORA was it was going to be used during special events only, then reviewed after a year. It came as a surprise to the coalition that all of a sudden after three days we came aware of the fact that this was originally going to be passed as an emergency ordinance. I want to extend my thanks to Council that we’ll just have a 1st Reading and we’ll have two additional readings before any action is taken which will give us time to provide education and data which we feel could make the DORA a better program than what it currently is. I also want to thank Councilman Simmelink because what you said is exactly how we interpreted it. It’s my understanding that the DORA has been activated only two or three times since it’s enactment, and this is during the winter. Wouldn’t it make more since to review the DORA during the summer when it’s the busy season of festivals. There are some other things I would like to bring up as far as questions. First of all, what data has 5  been collected. Second question, has council seen anything as far as economic growth from the two or three DORA events? Third question, what is the council doing to ensure that the youth aren’t being sent the message that consuming alcohol is risk free and socially acceptable for some people. Fourth, what is Council doing to implement risk factor strategies, and lastly, are there sufficient guardrails to protect the youth of our community? An example of guardrails is server training. Has server training been done for the DORA? What languages are on your signs and your cups? Another guardrail is environmental scans. Have you done those? COUNCIL COMMENTS Mrs. Ramos had the following comment: I want to speak regarding the DORA. That was just passed last September and we heard extensive viewpoints from people who were pro and con. Most to the pros were the owners of liquor establishments. There were a lot of cons from a lot of people in the community. Originally, it was sold to Council as a special events only thing. As I understand we’ve only had two permitted events. The DORA was a way to raise tax revenue for the City. As for the raise in tax revenue, I actually talked to the Tax Income Administrator. She does not have a mechanism to verify that there was additional income tax for this. The Mayor had said that downtown business establishments will have to hire extra people. So, there is no verifiable data to support an increase in tax revenue to the City. Mr. Kreinbihl had shared earlier that there will be an accounting of the DORA cups reported sold; how many have been sold, how much money has been donated, and what the VFW has actually helped with. That was one of the two prongs, to help the VFW and also to raise money from the City. Which, we don’t know any of those answers. Looking at the original DORA application it says “the DORA will be in effect during special events. Organizers of special events must submit an application to the DORA Board to be included. The DORA Board can amend those special event hours.” So it was sold to us and the community as special events only. Here we are opening wide the doors. I have great concerns about that. Especially we talked about the hours earlier. We are not respecting the kids from the high school that have open lunch periods during those hours. We are not respecting the people that wish to go to the downtown and not be exposed to open carry alcohol. There’s no time to respect those residents that want to come down to the downtown, myself included. A DORA changes community values and our culture. It’s open carry alcohol, even if it’s in a designated plastic cup. All of us parents and teachers know that children catch more than they’re taught. That can be a bitter harvest Another rule of life is increasing accessibility always increases use. We know that with drugs, alcohol is a drug, but it’s a socially acceptable drug. Another point is that we should keep in mind with expanding all these hours that we haven’t had a test time yet. We don’t know, as Mr. Simmelink said, if this is successful or not. We have no idea. It’s not been enacted during the busy season so we have no idea. Another point is with DORA, the open carry alcohol, it would remove the controls parents have with exposing their children to alcohol by allowing it in the public space. All of us know as parents if you choose to take your child into a bar that’s fine, that’s your choice. That may not be my choice to walk around downtown and have, basically, an open bar. That’s what I’m saying. I’m not talking about incidents, that’s not my concern. My concern is the message to the youth and those that struggle with recovery, respecting all of our citizens and their exposure to open carry alcohol, and changing our community culture, values, and norms for a buck. I’m totally against this. I’m against expanding the hours without a test period for events. We know nothing. Thank you. Mr. Simmelink had the following comment: I voted for DORA. I was under the conclusion though that we were going to try this thing out. I hope it works well. So far, after two shots, it seems to be working well. There are no results yet, but there’s nothing negative. I think by the time we get to the Summer, I hope we find that this is a positive thing and that we are going to want to expand it. One other thing I noted, and somebody’s drawing up signs, which I thought to be a little presumptuous. We just had a discussion with a the Health Board the other day that we need to get some signs up to direct people to where the Health Department is, down in the basement here. The signs have to fall in line with the design formats approved by the City. The City has approved signs. You can’t just go out and hire somebody to make a sign to put on your business. I would say slow down on that. Slow down a little bit on everything. Mr. McAbier had the following comment: I can answer about the signs. They came up with three different samples and I sent something over Ray and he mocked something up. Mr. Kreinbihl had the following comment: I’m for DORA and Cheryl’s against it. I won’t be saying anything more about DORA but I will vote for DORA on the 3rd Reading. I’m a supporter of DORA, I support the NPact Group, and I support the DORA Board’s decision. 6  READING OF ORDINANCES AND RESOLUTIONS ORDINANCES: 1-2025 AN ORDINANCE TO REPEAL CODIFIED ORDINANCES CHAPTER 1339-WIND ENERGY FACILITIES AND CHAPTER 1333-DOWNTOWN DESIGN STANDARDS. 3rd Reading MR. LANZER MOTIONED FOR APPROVAL OF ORDINANCE 1-2025 MRS. RAMOS SECONDED THE MOTION 7 YEAS ORDINANCE 1-2025 HAS BEEN APPROVED 2-2025 AN ORDINANCE BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA, OHIO TO AMEND CHAPTER 1309 BUILDING PERMIT FEES OF THE NEW PHILADELPHIA CODIFIED ORDINANCES. 3rd Reading MR. WALKER MOTIONED FOR APPROVAL OF ORDINANCE 2-2025 MRS. RAMOS SECONDED THE MOTION 7 YEAS ORDINANCE 2-2025 HAS BEEN APPROVED 5-2025 AN ORDINANCE TO ALLOCATED FUNDS COLLECTED UNDER THE NEW PHILADELPHIA INCOME TAX ORDINANCE FOR THE 2025 FISCAL YEAR. 1st Reading RESOLUTIONS: 19-2024 A RESOLUTION BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA, OHIO TO COMMEND THE WOMEN’S KENT STATE VOLLEYBALL TEAM ON THEIR ACHIEVEMENTS, INCLUDING THE FIRST USCAA DIVISION II NATIONAL CHAMPIONSHIP IN SCHOOL HISTORY. 3rd Reading MRS. RAMOS MOTIONED FOR APPROVAL OF RESOLUTION 19-2024 MR. WALKER SECONDED THE MOTION 7 YEAS RESOLUTION 19-2024 HAS BEEN APPROVED 2-2025 A RESOLUTION BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA, TUSCARAWAS COUNTY, OHIO, AUTHORIZING AND DIRECTING THE MAYOR TO SUBMIT A GRANT APPLICATION WITH THE OHIO DEPARTMENT OF NATURAL RESOURCES THROUGH THE OHIO RECREATIONAL TRAIL PROGRAM FOR ASSISTANCE FOR PUBLIC RECREATION PURPOSES (SOUTH SIDE PARK) – AND ONCE THE GRANT OFFER IS RECEIVED, FURTHER AUTHORIZING THE MAYOR TO EXECUTE THE GRANT CONTRACT AND ALL RELATED DOCUMENTS AND AUTHORIZING THE CITY OF NEW PHILADELPHIA TO ACCEPT ANY GRANT MONEY AWARDED TO THE CITY OF NEW PHILADELPHIA. 7  1st Reading MR. LANZER MOTIONED FOR SUSPENSION OF RULES ON RESOLUTION 2-2025 MR. RIPPETH SECONDED THE MOTION 7 YEAS RULES HAVE BEEN SUSPENDED ON RESOLUTION 2-2025 MR. LANZER MOTIONED FOR APPROVAL OF RESOLUTION 2-2025 MR. RIPPETH SECONDED THE MOTION 7 YEAS RESOLUTION 2-2025 HAS BEEN APPROVED 3-2025 A RESOLUTION BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA, TUSCARAWAS COUNTY OHIO, AUTHORIZING AND DIRECTING THE MAYOR TO SUBMIT A GRANT APPLICATION WITH THE OHIO DEPARTMENT OF NATURAL RESOURCES, THROUGH THE OHIO RECREATIONAL TRAIL PROGRAM FOR ASSISTANCE FOR PUBLIC RECREATION PURPOSES (WATERWORKS TRAIL- OHIO-ERIE), AND ONCE THE GRANT OFFER IS RECEIVED, FURTHER AUTHORIZING THE MAYOR TO EXECUTE THE GRANT CONTRACT AND RELATED DOCUMENTS AND AUTHORIZING THE CITY OF NEW PHILADELPHIA TO ACCEPT ANY GRANT MONEY AWARDED TO THE CITY OF NEW PHILADELPHIA. 1st Reading MR. LANZER MOTIONED FOR SUSPENSION OF RULES ON RESOLUTION 3-2025 MR. SEARS SECONDED THE MOTION 6 YEAS, 1 NAY (MRS. RAMOS) RULES HAVE BEEN SUSPENDED ON RESOLUTION 2-2025 MR. LANZER MOTIONED FOR APPROVAL OF RESOLUTION 3-2025 MR. WALKER SECONDED THE MOTION 6 YEAS, 1 NAY (MRS. RAMOS) RESOLUTION 3-2025 HAS BEEN APPROVED 4-2025 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF NEW PHILADELPHIA TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE GOVERNOR’S OFFICE OF APPALACHIA (GOA) PROGRAM AND EXECUTE CONTRACTS AS REQUIRED. 1st Reading MR. LANZER MOTIONED FOR SUSPENSION OF RULES ON RESOLUTION 4-2025 MR. KREINBIHL SECONDED THE MOTION 7 YEAS RULES HAVE BEEN SUSPENDED ON RESOLUTION 4-2025 MR. LANZER MOTIONED FOR APPROVAL OF RESOLUTION 4-2025 MR. WALKER SECONDED THE MOTION 7 YEAS RESOLUTION 4-2025 HAS BEEN APPROVED 5-2025 A RESOLUTION BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA IN SUPPORT OF STATE ISSUE 2, RENEWAL OF THE STATE CAPITAL IMPROVEMENT PROGRAM ON THE MAY 6, 2025 STATEWIDE BALLOT. 1st Reading 7-2025 A RESOLUTION BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA, TUSCARAWAS COUNTY, OHIO, AUTHORIZING AND DIRECTING THE SAFETY DIRECTOR TO ENTER INTO A LOAN AGREEMENT WITH FIRST FEDERAL COMMUNITY BANK TO PURCHASE A NEW AMBULANCE AND NECESSARY EQUIPMENT FOR THE FIRE DEPARTMENT, AS PREVIOUSLY AUTHORIZED BY RESOLUTION 11-2024. 1st Reading 8  MR. RIPPETH MOTIONED FOR SUSPENSION OF RULES ON RESOLUTION 7-2025 Mr. Kreinbihl had the following question for Fire Chief Parrish: Could you just clarify that you want the 7 year loan? Chief Parrish: Yes, that would be fine. President Kemp: What is the life span if you bought just the box versus the Chasis? Chief Parrish: The whole unit is approximately $324,000. A chasis is approximately $65,000 to $70,000 right now. The box takes about 6 months to build, the chasis takes two years go get. If we re-chasis them it would save about 40 to 50%. The spare that we’re replacing is a 1998. We’re replacing it with a 2009. The box has a 30 year warranty. When you re-chasis it the warranty is expanded. Mrs. Ramos: So what is up for a vote now, is the ambulance ready to go. Chief Parrish: When we passed the first resolution we couldn’t get a finance rate because we’re at the mercy of the chasis manufacturer. It’s ready to go waiting on the release of funds. MR. SEARS SECONDED THE MOTION 7 YEAS RULES HAVE BEEN SUSPENDED ON RESOLUTION 7-2025 MR. RIPPETH MOTIONED FOR PASSAGE OF RESOLUTION 7-2025 MR. WALKER SECONDED THE MOTION 6 YEAS (MR. KREINBIHL RECUSED HIMSELF) RESOLUTION 7-2025 HAS BEEN APPROVED 8-2025 A RESOLUTION BY THE COUNCIL OF THE CITY OF NEW PHILADELPHIA, OHIO TO AMEND RESOLUTION 10-2024, TO AMEND DORA HOURS OF OPERATION 1st Reading UNFINISHED OR OLD BUSINESS: NONE NEW BUSINESS: NONE With no other business to discuss Mr. Lanzer motioned to adjourn at 8:43 PM. 9  CLERK OF COUNCIL______________________________________________________ Julie Courtright APPROVED ______________________ PRESIDENT OF COUNCIL __________________________________________________ Don Kemp 10