City Council Regular Meeting

VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 1. CALL TO ORDER. President of Council Kilway called the Virtual Regular Council meeting of Thursday, October 22, 2020 to order at 7:00 p.m. This is a virtual meeting due to the State of Emergency. We will have an Executive Session prior to the adjournment of this meeting and it will be to discuss Collective Bargaining and as a preface to that, I will excuse myself from the Executive Session and from all discussion of Ord. 70-2020 due to a familiar relationship. So, we will go ahead, and Mr. Carano had asked to do a prayer for us this evening, so we will stand and do a prayer. Michael. 2. PRAYER: PLEDGE OF ALLEGIANCE: Mr. Carano: I am going to sit. As-salamu alaykum Peace be upon you, to Arab speakers, Christians, and Mid-East; Arabs, and some Indian Christians too. Rumi was a 13th century Persian Mystic, not unlike Meister Eckhart or St. John of the Cross in the 12th & 13th century in the Christian tradition. Rumi was a Sunni and not a Shia, although he lived in Persia and he transcended division, so he has a poem that I am going to read and it is called, “One Song.” Every war and every conflict between human beings has happened because of some disagreement about names. It is such an unnecessary foolishness, because just beyond the arguing there is a long table of companionship set and waiting for us to sit down. What is praised is one, so the praise is one too, many jugs being poured into a huge basin. All religions, all this singing, one song. The differences are just illusion and vanity. Sunlight looks a little different on this wall than it does on that wall and a lot different on this other one, but it is still the same light. We have borrowed these clothes, these time-and-space personalities, from a light, and when we praise, we are pouring them back in. May the unity in this prayer guide the actions of Tallmadge City Council and the administration. Inshallah (God willing) Shukran (Thank you) and Ma a salama (Good health and goodbye) and may those with other beliefs take a moment of silent prayer for themselves. Mayor: Amen. Pres. of Council: Amen. Pledge of Allegiance. 3. ROLL CALL: Mr. Bollas, Mr. Carano, Mr. Donovan, Mrs. Kilway, Mr. Loughry, Mr. Sisak – present. Also present were Mayor Kline, Dir. of Public Service Rorar, Dir. of Administration Cooper, Dir. of Economic Development Springer, Dir. of Finance Gilbride, Dir. of Law Raber and Clerk of Council Burton. Mrs. Allman was excused. 4. MINUTES: 10-8-20 Virtual Regular Council Meeting minutes. Mr. Sisak moved for the adoption of the 10-8-20 Regular Council meeting minutes as presented. Seconded Mr. Donovan. Mr. Bollas: Yes, I have one minor edit; on page 10, my name is spelled wrong. Pres. of Council: Susan; you will get that corrected? Clerk of Council: Yes. Pres. of Council: OK, so we have a motion and a second with a correction. Voice vote 6-0. The Virtual Regular Council meeting minutes were adopted by a vote of 6-0.  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 5. FINANCIAL REPORTS: None. 6. PUBLIC HEARINGS: Pres. of Council: At this time, I am going to need a motion from a Council member to suspend the rules of Council to move Ord. 71-2020 to 1st Reading prior to the public hearing. Mr. Loughry: So, moved. Seconded Mr. Sisak. Voice vote 6-0. Pres. of Council: Motion passed, and we are going to refer Ord. 71-2020 to the Finance Committee. Mr. Sisak, if you would like to open your committee? Referral of First Reading Ordinance: Mr. Sisak: I call the Finance Committee to order; Mr. Donovan, Mr. Carano and myself are present. We will go ahead and have a public hearing on Ord. 71-2020 at this time. Pres. of Council: We will have that after you close your meeting. Mr. Sisak: Oh, OK. So we have Ord. 71-2020 Exhibit A and it is creating the Tallmadge Reserve Tax Increment Financing Incentive District; declaring improvements to the parcels within the Incentive District to be a public purpose and exempt from real property taxation; requiring the owners of those parcels to make service payments in lieu of taxes; establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the deposit of those service payments; requiring the distribution of a portion of those service payments to the Tallmadge City School District; specifying the public infrastructure improvements that benefit or serve parcels in the Incentive District; and providing for immediate effect. Mayor: Yes, this is for basically the Ripley Farm; the Tallmadge Reserve Allotment. The added value after the homes are built; that tax portion will go towards the public improvements on East Avenue starting with the Washburn Intersection with the traffic light there that is well needed. Then the ODOT Project going from Brimfield all the way down to Community Drive, but this will primarily be used for Phase 1 which is from the Rec Center to Brimfield. So that is what this is all about. A public hearing is required, and I know Mollie will explain all of that. Mollie: I’m not sure when you want to talk about it; during the public hearing or maybe right now while he is in committee. Dir. of Law: I think she should discuss it during committee. Mayor: OK; thank you. Dir. of Finance: OK. The notifications went out to all of the required recipients and the City did not receive any responses in terms of anyone wishing you know, to speak. We are required to . . . if you remember, TIF’s require the public hearing to occur prior, within a certain time period, prior to the adoption of the ordinance and so that is why we are having the public hearing at the 1st Reading as opposed to our typical order of doing things with the public hearing at the 3rd Reading. So, we are required to have the public hearing and then there is a waiting period prior to adoption. Dir. of Law: So all we ask tonight is that you give it a 1st Reading so the next step would be that after closing committee would be for Sue to give it a 1st Reading and then you would go into the public hearing; open and close the public hearing, but then that would remain on the agenda for the next two readings. We would give it a total of three readings. Mr. Sisak: Are there any questions in regard to Ord. 71-2020? Pres. of Council: I do have a question. It says in the ordinance that this is going to last . . . that this TIF will be on the books for 30 years; is that correct? Dir. of Finance: The maximum length of the TIF is 30 years, however, the TIF will end once the improvements are paid off. So, I will distribute to Council members our estimates of the revenue generation for this project. It is likely the payoff on this, based on that, will probably be between 10 and 15 years actually and then we will be able to close the TIF once we have paid off those improvements. Pres. of Council: OK, and then at that point in time it would go back to regular property taxes? Dir. of Finance: Correct. All of the millage would go back to the previous designated areas. Mayor: Mr. Sisak, one thing that should be noted is that the Tallmadge School District; the way that we are going with this step; the School District will be made whole during the whole process. So, with the new homes going in, the new students; the taxes that those homes will pay will go to the schools just like they would without the TIF. Mr. Sisak: Great. Thank you. Any other comments or questions? No one responded. Hearing none, I will go ahead and close my committee. Thank you. 2  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Pres. of Council: Thank you Mr. Sisak. Now we are at 1st Reading with Ord. 71- 2020. Mayor: Carol, you will have to call the public hearing open at 7:14 p.m. Pres. of Council: OK. Dir. of Law: Actually, if Sue could read that into the record for 1st Reading. FINANCE FIRST READING Ordinance 71-2020 Exhibit A Creating the Tallmadge Reserve Tax Increment Financing Incentive District; declaring improve- P.H. ON 10-22-20 @ 7:03 P.M. ments to the parcels within the Incentive District to be a public purpose and exempt from real property taxation; requiring the owners of those parcels to make service payments in lieu of taxes; establishing a Municipal Public Improve- ment Tax Increment Equivalent Fund for the deposit of those service payments; requiring the distribution of a portion of those service pay- ments to the Tallmadge City School District; specifying the public infrastructure improve- ments that benefit or serve parcels in the Incen- tive District; and providing for immediate enactment. Pres. of Council: Thank you Susan. It is now 7:15 p.m. and I call the public hearing for Ord. 71-2020 open. As specified in the committee; the parties affected by this have been notified and as of 4:00 p.m. today, we did not receive any communication whether in favor of or opposed of this ordinance. Is there anything from Council? No one responded. OK, it is 7:16 p.m. and I will close the public hearing and Ord. 71-2020 will remain before the Finance Committee for the next several readings. 7. COMMUNITY INPUT: This is when we would read any letters that we received from the public in reference to anything that happens in the City. We have received several letters; I think seven in all in reference to Res. 12-2020 and we have decided we are going to have our Council Clerk read those letters during the committee meeting since it is relevant at that point in time. As I have stated, we have not received any other community input on anything else as of 4:00 p.m. so we will just continue on. 8. ANNOUNCEMENTS: • There will be an Executive Session prior to adjournment of this evening’s Virtual Reg. Council Meeting re: Collective Bargaining. • An Investment Board meeting will follow tonight’s Regular Council meeting. 9. AGENDA ADDITIONS: None. 10. REFERRALS OF FIRST READING ORDINANCES AND RESOLUTIONS: a. The following shall be referred to the Finance Committee: • Ord. 69-2020 b. The following shall be referred to the Planning & Zoning Committee: • Ord. 68-2020 c. The following shall be referred to the Personnel Committee: • Ord. 70-2020 • Ord. 72-2020 d. The following shall be referred to the Community Issues Committee: None. e. The following shall be referred to the Safety Committee: None. f. The following shall be referred to the Public Service Committee: None. 11. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIR. OF ADMINISTRATION, DIR. OF ECONOMIC DEV., DIR. OF FINANCE AND DIR. OF LAW. Mayor: Thank you Madame Chair. I will be very brief tonight. Just to remind you that next Thursday is Trick or Treat here in town and then also a week from Saturday would be the movie up at the Tallmadge High School put on by the Rec Center. A brochure is out and it is being publicized on our website that it is a drive-in movie; you bring your own food and you tune into an FM radio station and then you get to watch a movie so that is pretty nice. Also, this week we passed out all of the budget documents to you guys and a reminder that on November 4th will be the Budget hearing via Microsoft Teams. Outside of that, I have nothing else unless someone has a question for me. 3  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Dir. of Law: I just wanted to clarify that it is not the public hearing that will be on November 4th; it will be the Work Session. Then the public hearing for the ordinance would be in December. Mayor: Thank you Megan. Pres. of Council: Have you received any feedback; yay or nay about Trick or Treating this year with the numbers rising? Mayor: Everyone is just calling in and asking if we are still going to have it or what is going on and what are the procedures. We refer them to our website. Andrea Kidder has posted the CDC Guidelines and the Summit County Health Department. We were in contact with Summit County Health Department this week to confirm that it is still a go even though the cases are up. Everybody just be safe. Practice social distancing and wear your mask if you are passing out candy; make sure you have your gloves on and be sure to travel in a unit and stay clear of everyone else. Pres. of Council: And if you do not feel safe or not comfortable passing out candy or if you have health issues, then just politely decline this year, I guess. Mayor: Don’t turn your light on. Dir. Pub. Service: Good evening. A couple of quick announcements. The Rec hours are changing on October 31st. Monday through Thursday it is 5:00 a.m. to 9:00 p.m. so that is two hours longer and Friday is now 5:00 a.m. to 8:00 p.m. and then Saturday and Sunday is 8:00 a.m. to 6:00 p.m. So that starts October 31st and the Mayor brought up the movie at the high school on October 31st and that starts at 7:00 p.m. and that is “Hotel Transylvania.” Also, on November 2nd at the Rec; 13 years old and over are going to be allowed back in without adult supervision. So that will be a change as well. That’s how it was pre-Covid, so we are going to go back to that. They will have to sign a release about the Covid rules. Moving on to the trash. Keep in mind we have a new trash and recycle hauler. That changes January 1st and so we are going from Republic to Kimble so be mindful that you could have some issues on your bill coming up. Only pay for the 2020 months to Republic. Do not pay anything that says January. Just watch your bill and stress that to everybody. Lastly, leaf pickup; due to Covid we are limited on our staffing and so we are doing things a little bit different; we are breaking the City down into four sections and we still plan on doing the leaf pickup, but I am just letting you know that there might be a little bit of a change there and so we are still planning on picking up every leaf though. That’s my report. Dir. of Administration: Good evening everyone. The only thing I have to report this evening is that for the last couple of months we have been negotiating with the Part- Time Firefighter’s Association. We have a tentative agreement that will be discussed later in the Executive Session, but I just wanted to mention for the record that the negotiations went extraordinarily well. Those who represented that organization did it in a very professional manner. They represented their members well and strongly I might add, but they were very courteous and respectful, and it is greatly appreciated when that type of negotiations occurs. So, I just wanted to publicly thank them for all of those involved. They, much like you, will be ratifying the contract or not in the near future and if both organizations; the counsel and their organization ratify, then we will sign the contracts. So, unless you have any questions; that ends my report. Dir. of Econ. Development: Good evening. I do not have an official report this evening, but I would be happy to answer any questions you might have. I can assure you we have been awfully busy engaging with the businesses and real estate community, so we continue to work hard and try to help the businesses. Otherwise, again, that is all I have this evening, but I would be happy to answer your questions. Dir. of Finance: Thank you. I continue to be engaged in webinars and meetings regarding the CARES Act money just to ensure that we are safely and securely using that as a City and don’t face any repercussions with that. I hope to have a final report of those numbers closer to the end of November for everyone and will probably keep that as close as possible pending any potential legislative changes after the election. There is some speculation that there could be some legislation passed shortly after the election that might allow that money to be used for revenue replacement and those kinds of items. So, I am trying to hold off on our final distributions as long as possible, so we are sure to utilize that in the most secure and economic factor. End of report. 4  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Mr. Loughry: I would just like to thank Mollie. I met with Mrs. Stritch today on the budget and it is very comprehensive of course it was very hard and so I just want to thank Mrs. Gilbride as I did Mrs. Stritch for her efforts. Pres. of Council: Yes, they do a great job; don’t they? Dir. of Law: Thank you. Just want to take this last opportunity to remind everyone that we are doing the drug take-back. You should see the signs on the Circle reminding everyone and we are putting it out on social media. That is for unused or unwanted prescription or over the counter drugs and so take the opportunity to clean out your closets and get rid of all that stuff in a safe manner and bring it down to the Police Department on Saturday between 10:00 a.m. and 2:00 p.m. Thanks. Mr. Loughry: Just another thank you. I guess late last week it was brought to my attention that our Council legislation was not available on the website for the public to look at and print. They could see our agendas, but they couldn’t actually see resolutions and ordinances. So, our IT Department and both our Council Clerk and Deputy Clerk, along with Mrs. Raber worked hard to make that happen and so now residents and anybody can see our legislation and so I just wanted to thank everybody. Pres. of Council: Yes, they have been working very hard on that; haven’t they. 12. REPORTS OF STANDING COMMITTEES OF COUNCIL OF THE WHOLE: a. SAFETY Jonathon Bollas, Chair Michael Carano, Vice Chair Craig Sisak No legislation at this time. Mr. Bollas: I call the Safety Committee to order; myself, Mr. Carano and Mr. Sisak are present. We have no legislation at this time. Does anyone have anything for Safety either on Council or the Administration? Pres. of Council: Mr. Bollas, I did have one thing. I received a phone call today from someone, and he didn’t know who his Councilperson was and so he just called me. This would come under Safety. He was discussing speeding on Newton Street. There has been excessive speeding on Newton Street as well as motorcycles running up and down the street. So, I just wanted to bring that to the committee’s attention and see what we can do about that. Mayor: Mrs. Kilway; do you have an address? Pres. of Council: It was 923 Newton. Mayor: So, Newton Street extension? Pres. of Council: Yes. Mayor: Thank you. I will pass that on to the safety forces. Mr. Bollas: Thank you Madame President and Mr. Mayor; I can follow up as well if need be. Does anybody else have anything for Safety? No one responded. I close committee. Pres. of Council: Just to let you know, Mr. Donovan is having a lot of internet issues, so he is not going to be available at this point in time. b. PUBLIC SERVICE Rebecca Allman, Chair Dennis Loughry, Vice Chair James Donovan • Ord. 67-2020, – Tracked – (2nd Reading) – Amending Section 351.99 of the Codified Ordinances of the City of Tallmadge to enhance penalties and providing for immediate enactment. Mr. Loughry: I will call the Public Service Committee to order and I am here, and Mrs. Allman is excused, and Mr. Donovan is having computer difficulties. So, we have Ord. 67-2020, and it is at 2nd Reading and so I guess what I will do first is ask the rest of Council if they have any questions for the Administration on this ordinance? No one responded. Hearing none, I would ask the Administration if they need adoption of this ordinance this evening. Mayor: We do not. Law Director Raber wants to talk about it. Dir. of Law: We do not need adoption tonight. You are welcome to give it a 3rd Reading. Again, it is just adjusting the penalties for parking violations from $5 which seems very, very nominal to something to more of an actual deterrent and penalty of $25. Mr. Loughry: Thank you. So, then we will just let this go to 3rd Reading and I close committee. 5  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 c. PERSONNEL Michael Carano, Chair Rebecca Allman, Vice Chair Jonathon Bollas • Ord. 70-2020 – Ex. A, Ex. A Tracked – (1st Reading) – Authorizing the Mayor to enter into an agreement with the Tallmadge Part-Time Firefighters Association consisting of Tallmadge Part-Time Firefighters and providing for immediate enactment. Mr. Carano: I call the Personnel Committee to order. Mr. Bollas and I are present. Mrs. Allman is excused. We have two ordinances before us. The first is Ord. 70-2020 . . . Pres. of Council: Mr. Carano, I’m sorry to interrupt, but I am going to remove myself from any discussion on this ordinance due to my husband being a Part-Time Firefighter. Thank you. Go ahead. Mr. Carano: I guess that is Exhibit A and Exhibit A Tracked. It is at 1st Reading and is authorizing the Mayor to enter into an agreement with the Tallmadge Part-Time Firefighters Association consisting of Tallmadge Part-Time Firefighters and providing for immediate enactment. Mr. Bollas; do you have anything? Mr. Bollas: I have no questions at this time. Mr. Carano: Council or . . . Mayor Kline; we are just going to add the Executive Session later on and . . . Mayor: That’s correct. This is at 1st Reading and we will go into Executive Session at the end of the agenda. The process for the public that is listening; the Council members will log off and leave this Council meeting and link into the Executive Session and then we will talk and I will show you the tracked version and then after we are done, you will exit that meeting and then go back into the Council meeting to continue on with the agenda of the Council meeting. Mr. Carano: Alright. Thank you very much. So, I recommend that we go to 2nd Reading on this. Mr. Bollas? Mr. Bollas: I second. • Ord. 72-2020 – (1st Reading) – Extending the training period for the Service Department Administrative Assistant to 45 days and providing for immediate enactment. Mr. Carano: We also have Ord. 72-2020 at 1st Reading, and it is extending the training period for the Service Department Administrative Assistant to 45 days and providing for immediate enactment. Does Council have anything or if the Mayor might explain this for us. Mayor: Yes. Go ahead Mike. Dir. of Pub. Service: Councilman, right now you are allowed 20 days to have training and with the holidays coming up we are having a replacement of our Administrative Assistant here in the Service Department and that person is leaving the last two weeks and it doesn’t give me a whole lot of time to have training done in 20 days. So, we are asking for the 45 days. Mr. Carano: Is there any reason to expedite this? Dir. of Pub. Service: Can we get it done before the 45 days; I’m not sure when that would be. Mr. Carano: I think we only have one meeting next month if I’m not mistaken. Dir. of Finance: If you want 45 days you are going to need 1st Reading adoption of that if Council is willing to. I do agree; I believe that you would need 1st Reading adoption of this ordinance in order to get to the 45 days. Mr. Carano: Alright, I move to adopt Ord. 72-2020 at 1st Reading. Mr. Bollas: I second that. Mayor: Mr. Carano, if Mr. Donovan is not able to join, even adopting at 1st Reading it would take 30 days to enact because you don’t have enough Council people. I think I would rather have unless Mr. Donovan comes into the meeting; if he doesn’t come in; give it a 2nd Reading and then you can adopt it in 2 weeks instead of 30 days. Mr. Carano: Alright. Yeah, with that thought; I think that sounds good so we will leave it to a 2nd Reading. 6  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Dir. of Law: Mr. Carano, if I could just make a point of order; these are actually at 1st Reading and so tonight they will be getting their 1st Reading and so they will both just get a 1st Reading tonight. Mr. Carano: Anything else in the committee? No one responded. I will close committee. d. FINANCE Craig Sisak, Chair James Donovan, Vice Chair Michael Carano • Ord. 62-2020 (2nd Reading) – Finance – Setting tap-in fees and meter rates for installation of water and sewer lines, private fireline fees and fire hydrant meter and backflow assemblies deposits for the City of Tallmadge and providing for immediate enactment. Mr. Sisak: I call the Finance Committee to order; myself and Mr. Carano are present. We have Ord. 62-2020 which is setting tap-in fees and meter rates for installation of water and sewer lines, private fireline fees and fire hydrant meter and backflow assemblies deposits for the City of Tallmadge and providing for immediate enactment. I will ask Mr. Rorar if he needs this tonight or . . . Dir. of Pub. Service: No, we can go for three readings. Mr. Sisak: I’m fine with that. Are you OK with that Mr. Carano? Mr. Carano: Yes. Mr. Sisak: Mr. Donovan; are you out there? No one responded. Ok, we will leave that at 2nd Reading. Thank you. • Ord. 63-2020 – (2nd Reading) – Finance – Authorizing the Mayor to enter into an agreement with Trident Restoration, LLC for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enactment. Mr. Sisak: We also have Ord. 63-2020 at 2nd Reading authorizing the Mayor to enter into an agreement with Trident Restoration, LLC for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enactment. Mayor Kline; is this something that you would need at 2nd Reading or is this for the first of the year? Mayor: Matt; are you on there? Dir. of Econ. Development: It wouldn’t be necessary to have this as an emergency thing so we can wait. Mr. Sisak: OK. Are you OK with that Mr. Carano? Mr. Carano: Yes, I am. Mr. Sisak: OK. We will leave that at 2nd Reading. • Ord. 64-2020 – Fee Grid – (2nd Reading) – Finance - Amending and supplementing Ord. 91-2019 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Mr. Sisak: We also have Ord. 64-2020 and that is the fee grid and it is at 2nd Reading and it is amending and supplementing Ord. 91-2019 to amend rates, charges and fees for all recreational facilities and providing for immediate enactment. With indoor activities coming up, is this something that you would need this evening Mr. Roar? Dir. of Pub. Service: No, it can go three readings. Mr. Carano: I agree. Mr. Sisak: So, we will leave that at 2nd Reading as well. • Ord, 69-2020 – (1st Reading) – Finance – Adopting a budget for various funds of the City of Tallmadge, Ohio, for current expenses and other expenditures during fiscal year ending December 31, 2021, appropriating the necessary funds for the administration thereof, authorizing transfers between funds, and providing for immediate enactment. Mr. Sisak: Then we have Ord. 69-2020 which is adopting a budget for various funds of the City of Tallmadge, Ohio, for the current expenses and other expenditures during fiscal year ending December 31, 2021, appropriating the necessary funds for the administration thereof, authorizing transfers between funds and providing for immediate enactment. Pres. of Council: There is going to be a public hearing set for December 10th at 7:03 p.m. 7  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Mr. Sisak: OK: duly noted. Does anyone have any questions about this? Mayor: Jim’s back. Mr. Sisak: I would like to take the opportunity to thank Mayor Kline and Mrs. Stritch for meeting with myself and for Mollie for putting together the budget along with her cohorts there and I look forward to good discussion the first Wednesday in November. Is there anything else to come before the Finance Committee? Hearing none; I will go ahead and close committee. Thank you. e. PLANNING & ZONING James Donovan, Chair Craig Sisak, Vice Chair Dennis Loughry • Ord. 59-2020 – Amended – (3rd Reading) – Planning & Zoning – P&Z Rec. Approval 3-0 with Conditions Amending and supplementing Ord. 20-2020 for conditional zoning to provide for outdoor patio and sale of alcoholic beverages at 137 East Avenue, Suite 30. Mr. Donovan: Mrs. President, I am here, but could Craig take the committee? Mr. Sisak: Sure can. I call the Planning & Zoning Committee to order; Mr. Donovan, Mr. Loughry and myself are present. We currently have Ord. 59- 2020, an amended version at 3rd Reading and that is amending and supplementing Ord. 20-2020 for conditional zoning to provide for outdoor patio and sale of alcoholic beverages at 137 East Avenue, Suite 30. I believe this is ready to go. Mr. Loughry, or Mr. Donovan; do you have any comments? Mr. Loughry: No. I would recommend that we would adopt this this evening. Mr. Sisak: I would agree. Mr. Donovan? Mr. Donovan: Yes. Mr. Sisak: OK, so we will recommend adoption of Ord. 59-2020 by a vote of 3-0. • Ord. 68-2020 – (1st Reading) - Planning & Zoning – Approving and granting a conditional zoning certificate to applicant DWC Pipeline, LLC on behalf of the property owner Heritage Woods, LLC for contractors services with materials and equipment storage yard located at Parcel No. 6006017. Mr. Sisak: We also have Ord. 68-2020 at 1st Reading and it is approving and granting a conditional zoning certificate to applicant DWC Pipeline, LLC on behalf of the property owner Heritage Woods, LLC for contractors services with materials and equipment storage yard located at Parcel No. 6006017. Mayor: This will be at Planning & Zoning in November; the first Thursday of November for them to look at. So, this is just the first reading with you guys. This is located; it is off of Saxe Road and Mogadore Road behind the plant; there is a vacant parcel back in there and Dave Wartko of Wartko Construction is the land; potential land owner for that and wants to put some storage there for now and then put some buildings on it at a future date. This can only get a 2nd Reading, or I mean a 1st Reading. Mr. Sisak: 1st Reading. OK. Mr. Loughry; any comments on that or Mr. Donovan? Mr. Loughry: Sounds like a great project. Mr. Sisak: OK, is there anything else to come before Planning & Zoning this evening? No one responded. Hearing none; I will go ahead and close committee. Thank you. f. COMMUNITY ISSUES Dennis Loughry, Chair Jonathon Bollas, Vice Chair Rebecca Allman • Res. 11-2020 – (2nd Reading) – A resolution by City Council of the City of Tallmadge, Ohio affirming that Tallmadge is a welcoming community that respects the innate dignity of all people and providing for immediate enactment. Mr. Loughry: I call Community Issues to order; myself and Mr. Bollas are here; Mrs. Allman is excused this evening. We have Res. 11-2020. A resolution by City Council of the City of Tallmadge, Ohio affirming that Tall- 8  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 f. COMMUNITY ISSUES (Cont’d.) Dennis Loughry, Chair Jonathon Bollas, Vice Chair Rebecca Allman Mr. Loughry (Cont’d.) madge is a welcoming community that respects the innate dignity of all people and providing for immediate enactment. So, before we talk within our committee; I would like to give Mr. Carano, as the sponsor of this ordinance, an opportunity to add maybe anything additional since our last meeting. Mr. Carano: Thank you very much; I appreciate that. What I would like to do as quickly as possible; I don’t want to take up too much of your time, is explain what the resolution isn’t and what it is. Most importantly, this is not an attempt to end prayer at Council; only make it silent to respect the diversity of the City and the citizens at large. Mr. Loughry: Mr. Carano. This is Res. 11-2020, the welcoming community resolution. Mr. Carano: Oh, I’m sorry. Excuse me; I’m sorry. I picked up the wrong one. I am quite happy with it the way it is written. The purpose is to make Tallmadge proud of its history of it being a welcoming city as it says in the resolution back to the time of even the underground railroad and the people were all open, particularly now that we are getting people from different backgrounds that are non-European. I think it is important that that we recognize, and we welcome these people into our community just like previous people were welcome in communities across this country years before. So that is what it is about. I think the language is fine and I hope that other people will agree. Mr. Loughry: Thank you. Is there anybody else on Council that would like to offer input to our committee meeting? No one responded. Anybody from the Administration have anything to add? No one responded. OK, Mr. Bollas, it is you and I in committee. I would not be in favor of adopting the resolution as it is worded. That is just because with all my years of involvement in our City, whether it be youth sports or school board or civic organizations or other boards and commissions, all I have seen in 45 or 40 years of living here is us being a welcoming community to everyone and I just think the way the resolution is worded that to some degree makes me think that we have not been as welcoming as we could have been in the past. So, that is my thought presently. Mr. Bollas; do you have anything? Mr. Bollas: Yes, just a clarification; are we . . . is there an amended version of the rules being drafted? Mr. Loughry: I have an amended version that I would ask to be introduced if you were not in favor of adopting this resolution as it is presently presented. Mr. Bollas: I would like to go to 3rd Reading on this one. Mr. Loughry: OK then I need to ask a point of order of the Law Director. Dir. of Law: Yes. Mr. Loughry: So, the question, Mrs. Raber is I’m fine with letting this go to 3rd Reading if that is what Mr. Bollas would like to do. So then that recom- mendation would be 2-0 and so with that being said, would I not ask to introduce the amended version then at this time? Dir. of Law: If an amended version were to pass then it would revert back to 2nd Reading. Mr. Loughry: Correct. Are we all on the same page with that? Mostly everyone answered yes. OK, then with that I would make the recommenda- tion that Res. 11-2020 goes to 3rd Reading 2-0. Pres. of Council: So, you are giving this a 2nd Reading? Mr. Loughry: Yes. • Res. 12-2020 – (2nd Reading) – A resolution by City Council of the City of Tallmadge, Ohio requiring all opening prayer at Tallmadge City Council meetings be silent and providing for immediate enactment. Mr. Loughry: Next piece of business is Res. 12-2020 and that is at 2nd Reading and that is a resolution by City Council of the City of Tallmadge, Ohio, requiring all opening prayer at Tallmadge City Council meetings be silent and providing for immediate 9  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Mr. Loughry (Cont’d.) enactment and as we did in the previous resolution; this is Mr. Carano’s sponsored piece of legislation and I would like to give him the floor at this time. Pres. of Council: Mr. Loughry, Just a point of order; we do have letters that are going to be read. Do you want them read before Mr. Carano’s speaks or after? Mr. Loughry: Actually, I would give that courtesy to Mr. Carano what he would prefer. Mr. Carano: Mr. Loughry, I am hoping everyone on Council read the letters and if they have; can you put the letters into the record or do they have to be read to be put into the record? That might be a question for Ms. Raber. Mr. Loughry: Yes sir, I think it is. Dir. of Law: So, typically in a live meeting we would allow them to speak and because they don’t have that opportunity; I think we have informed people that they would have the opportunity to submit a letter which would be read into the record, so I think that that is the appropriate way to do it so that it is in a public environment where everyone has the opportunity to hear those. Mr. Carano: Alright. Thank you. Dir. of Law: If someone thinks otherwise, to be quite honest; we have never done the virtual meetings until the last few months and there is really not a precedent for that but I just think since that is how we are allowing the public to participate, I think that should be the way we would do it. Mr. Carano: That sounds right. Thank you too Mr. Loughry for a chance. Let me reiterate and start this report of what this resolution is and as we said, it is not an attempt to end prayer at Council, but only to make it silent to respect the diversity of the City and the citizens at large. Later I will talk about what the method is that we used to secure people to speak or give prayer at the meeting and people may not be familiar with how that works in Tallmadge. That is kind of important. Also, I would like to call people’s attention that Mayor Grimm; I have spoken to him, and he said back in 1987 they used to do silent prayer at the meetings before. So, if you are a traditionalist that was the tradition and it was broken and so in a sense I was thinking that that would be a thing that would accommodate and so it is not an attempt to stifle Christians either; not at all. It is a solution to the fact that Tallmadge has residents who believe in other religions or others who have no religious belief and have never been given the opportunity to be represented at Council and do prayer, therefore, silent prayer does not eliminate any group. The way the Tallmadge thing works, and Mrs. Burton can correct me, but they pick one cleric in the community and that cleric will get other people; secure other people to come and speak at meetings. So, what they are doing is peaceful within the Christian community, but there is not any outreach to others. You can get people; Jewish people who are not Rabis to speak; you can get . . . you don’t have to be clerical to speak at . . . do the opening prayer at a meeting, but there has been no attempt to get people like that because it is kind of a little closed circuit. Now, I am familiar with the Akron Area Interfaith Counsel and I have been to their events and they will have a Muslim speak and they will have a Jewish person speak at prayer and then they will have a Christian also and maybe Christians of different denominations and so that is a very encompassing thing and as Tallmadge changes in our demographics, which the information I sent to everybody and I hoped you looked at; it shows the demographics are changing and so I am looking toward the future. So, that is the way the pastors are chosen and I don’t know if you were aware of that, and in fact I have s suggestion that could get us around this very easily and part of it is due to the suggestion by President of Council Kilway. If Council is serious about being an open community to other people, what they should possibly do is have like maybe a three-person committee that, along with clerics of the community, and they can do outreach that is inclusive even if you have to go outside the community since there are no mosques and there are no synagogues in Tallmadge, but that kind of determination if you really believe in prayer and really believe that each religious community has, or members of our community have their rights. That would be a way to do something like that. Now that takes time and energy. Part of the problem as you have seen where there are many meetings where there is no cleric available is because you know they come here for two minutes and then they leave. It is kind of difficult in some ways for them. So, I understand that. So, the solution of the silent prayer was for everyone to do according to their wishes. Another thing, and I might as well comment on the letters now. None of the letters, if you have read them, did not address that; they didn’t address that at all because it was speaking within the confines of Christian prayer and that is the way they see it. They had a lot of information in and I understand the belief system. They talked about their beliefs, but that is not; it is not an inclusive way of going about things. I am quite willing if people are willing to put the time and energy in, I mean, not that I am willing, but I think we should be willing if we really believe if that’s the case, then people need to stop up and insure that other people in our community are recognized. So, that is . . 10  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Mr. Carano (Cont’d,) I shortened that actually, and so in conclusion there are like three solutions. One is silent prayer; one is actually doing some hard work to make sure that we are an inclusive community and the other is the status-quo which I think is discriminatory against people of other faiths. So that is my . . . that is the motivation. I had to say one minister . . . I wrote back to the ministers and one said that he didn’t understand that that was what the resolution was about. He said he still had his preference for oral prayer and there were other people, and I could tell by their answers that they didn’t know what it was about. I know that people are mustering the forces of God which is fine; the armies of God; that’s good, but that is good organizing and I like that as far as organizing goes, but in some ways people had a misapprehension of what this was about. So, I am open to solutions other than the status-quo. So, if anyone has any suggestions or whatever or Mr. Loughry if you want to start reading; that’s fine. Mr. Loughry: Before I ask for input from the rest of Council or the Administration, Mrs. Kilway if you want; we can read the letters into the record. Pres. of Council: That would be perfect. Thank you very much. Susan; go right ahead. Clerk of Council: The first letter is from Scott Baker, Northwest Avenue Church of Christ. October 12, 2020 “To Those Serving the Tallmadge City Council, I would like to thank all of you for your service to this great city of Tallmadge. It has been a blessing to be able to serve the community over the last 19 years as Pastor of Northwest Ave. Church of Christ. It has been a great place to raise my children because of the commitment the city has to making Tallmadge a great place. One of my favorite places in Tallmadge is the circle. The reason I love the circle is because of what it represents. Being in the heart of the city we can see what was important when the great city of Tallmadge was founded. It is a direct representation of what was important in our nation as well. Located in the circle are two distinct buildings, City Hall, and a Church. This symbolism that exists in Tallmadge shows something that has been lost in our culture today. The working together of both the religious leaders and the community leaders. While I believe in the separation of Church and State, I also believe both can coexist in our culture. I believe that the government needs the influence, the support and encouragement from the faith community. This only makes our city and culture stronger. With that said, I also understand there are people who do not believe in God and His power. I understand there are people who would like to eliminate any kind of faith practice from all public forums. While I respect that belief, I would ask the same courtesy from those who do not believe as I do. I know the city has a resolution before them to end the public prayer prior at the Council Meetings. I am writing this letter to express my concern for such an action. Being a Pastor who has come to pray before Council Meetings I see it as a privilege to have that opportunity not because of the government officials who are present, but because I see it as a way to acknowledge who is ultimately in charge. I am able to honor God before people I respect and appreciate for the work they are doing for our great city. I am opposed to the resolution because I do believe in God. I am not apologetic for that belief. I have personally devoted my life to that belief. So, I am sure none of you are surprised by my opposition. I also see the resolution as a step eliminating a key focus within Tallmadge from the very beginning. The very layout of Tallmadge is designed so that people would have a direct path to the center of the city where people could go to church if people chose to go. Often times in our own self-reliant culture we forget the foundations that have made us strong and when they are gone, we wonder what happened. I am also opposed outside of a religious reason. I do not believe the resolution represents the people of Tallmadge. A councilperson is elected to represent the people of the city, not personal political agendas. Living in the city of Tallmadge, I believe the majority would be opposed to this resolution. If you have any questions, feel free to contact me at 330-929-5776.” Sincerely Scott Baker – Pastor, Northwest Ave. Church of Christ. 11  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Clerk of Council: The next letter is from Pastor Zach Reeves, Senior Pastor, Tallmadge Alliance Church. “Thank you for the opportunity to share my thoughts on this importance of prayer before City Council meetings. At the outset I want to make clear my position that I don’t ever think that anyone should be forced to pray under the banner of any religion. I embrace the freedom of religion whole-heartedly and am sensitive to the fact that there are those who think praying before City Council Meetings is both against their personal beliefs and a waste of time. So, my comments here will be restricted to convincing those who do not believe as I do. On a personal note, I believe that all men have sinned and defied the living God (Rom. 3:23). This act of mutiny has caused humanity to incur the anger of God (Rom 6:23). God loved us so much (John 3:16) that He sent Jesus to take the punishment for our sin (2 Cor. 5:17-21). Through faith in Him (Galatians 2:20) we are saved from God's anger and are adopted back into God's family again. So, when I pray to this God of the universe, it is an amazing joy and privilege to bend my knee and submit my will to His will. For this reason, I love the fact that City Council allows prayer beforehand and here are my practical reasons why: 1. No matter what you believe, prayer is a time to be reminded of your role and centered on who you are. Whether every member of City Council embraces what the Bible teaches or not, that time of prayer can be a time of reflection for them on their role as a council member to represent the people. We take personal moments to focus before some of the most significant meetings we have throughout our week. Why would City Council be any different than those meetings? To take that moment publicly would be to set a great example and show the people of Tallmadge that you take your role very seriously. 2. No matter what you believe, this can be a time of quiet to step back from the day's events. We all come into many environments carrying the baggage of the day. I know personally, I can bring the baggage of ministry home at night if I am not careful. I regularly take time to pray before I go home, to create some distance from the stress of the day. As City Council members you should care for yourselves as you carry this large responsibility. Taking a moment to be quiet and calm and prepare yourself emotionally for the meeting, yields benefits that cannot be measured. 3. No matter what you believe, this can create a space of focus on the task at hand. We can all come into our day with our minds racing with so many events and tasks before us. Taking some time to focus is imperative. Though these are not the primary reasons to pray, I would love to see prayer before these meetings continue. Even if you do not believe in this view of prayer these are just a few of the many, immeasurable benefits to keeping prayer before these meetings. Thank you for taking the time to read this. I pray for you all regularly in our church services and personally.” Sincerely, Pastor Zach Reeves There were some technical problems with the Clerk’s computer and the rest of the letters were read by Council members. Mr. Sisak: It might be a Teams issue. Dir. of Law: If someone has the next letter, you can read that. It doesn’t have to be read into the record by the Clerk; it could be read into the record by one of you. Mr. Carano: I have them in front of me somewhere if you want me to grab them. Mr. Loughry: I have them. I am trying to reach Susan. She didn’t pick up. Mayor: Does somebody just want to pick one and read it. Mr. Sisak: That was Pastor Reeves, right? Mayor: Yes. Mr. Sisak: I can read one. Mr. Sisak: The next letter is from Father Mike Matusz from Our Lady of Victory Parish. “I pray this communication finds you, your family, members of council and their families, along with our Mayor, the Administrative Staff and their families and all in Tallmadge and beyond safe and well. I am writing today with regard to the above referenced resolutions, intending to share my thoughts not only as a citizen of Tallmadge, but as a clergy person who serves many of the city’s constituents. 12  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Fr. Mike Matusz (Cont’d.) With regard to Resolution 11-2020, my first reaction is how sad that any of us, all people of good will, would even need to offer such a resolution. Unfortunately, I suspect it simply reflects the particular environment of today’s culture and world we live in and how the lack of respect and reverence for all human life, the lack of civil discourse and treatment of other human persons and creation, have impacted the actions of far too many. The optimist in me screams that we should all be speaking and acting in ways the resolution details but also recognize that such a resolution helps other to see more clearly what each of us should be about in our good city. If I were to make one additional observation with regard to the wording of this resolution it would be that “sex” is not included. In the section that reads, “fostering a welcoming environment for all people, regardless of race, religion, ethnicity, or place of origin”, given that there continues to be discrimination in our society based on sex and even sexual orientation, perhaps this language should also be considered as part of the resolution. Further, while not all persons embrace a “religion”, per se, perhaps the word “creed” in place of religion might be considered since, even for an individual who does not embrace a “religion”, that stance becomes their “creed”. Creed means both “religion” and “belief system”. Again, these are just observations that I felt I might offer the consideration, trusting in the good faith and judgement of the Council person who aid the Mayor in governing our city. With regard to Resolution 12-2020, my first reaction was one of surprise. I have been blessed to be a citizen of Tallmadge, beginning my eighth year as such just recently, and been somewhat connected with Council and the City Administration. Over these years, I have also been privileged to offer prayer at Council meetings, prior to their start, and other civic events and also witnessed and participated when other religious leaders have offered prayer. At no time did I ever feel as if there existed any form of discrimination or preference being given by this. Albeit, while the particular religious leader might incorporate in their prayer labels and statements that flow from their religious beliefs, I never felt that this was a direct nor overt attempt to proselytize, nor to sway and legislation or civic business, but simply an appropriate expression of what has been so much an important part of our American history. President George Washington who, purportedly, had no organized religious affiliation, has been reported to have stated in his first proclamation as President of the United States; “it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor.” It has always been my sense and understanding that this is precisely what any who have been privileged to off Prayer at the start of a Council Meeting or other civic observance have intended . . . “imploring {God’s} protection and favor.” (a definition of prayer). In the opening of our Declaration of Independence: When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.” it has been understood that “Nature” has an origin, an origin that is recognized to be God. There is also our Pledge of Allegiance that has certainly developed over the course of its history and throughout that history, depending on the time and history, has/has not included the words “under God”. Still since Flag Day of 1954, when the then President of the United States, Dwight Eisenhower, signed into law and amended the United States Flag Code to read; “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all”, it has remained, providing a clear recognition of what was in the minds and hearts of our founding fathers and mothers and what remains in the minds and hearts of so many. Last, but certainly not least, the very currency we use continues to carry on it the phrase, “In God We Trust”. I strongly oppose adopting Resolution 12-2020 as it is currently written. Since the Resolution is still proposing “prayer” (but in a silent form), it would appear to me that it’s intention is to eliminate “spoken” prayer based on what I perceive to be an unfounded concern; that the prayer that is offered is a form of specific worship. The prayer that I know I have offered and that I have observed others offer at Council has not been intended to be “worship”. Rather, it has been about “imploring {God’s} protection and favor” on, not only our Council Members, the Mayor and his staff, and our city, but on the business that Council will be conducting for the benefit of those they govern and beyond. 13  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Fr. Mike Matusz (Cont’d.) Such prayer should not be discriminatory “or give preference to any one religious denomination”. Based on my experience of the rotation of various religious leaders, it has not been that. It certainly can and should include in the rotation of those who sign up to lead prayer, an individual who might offer a time of “any person to pray as his or her conscience dictates in silent prayer”, but not as a complete and total replacement of what has been and is currently in place. I have taken the liberty of sending a copy of this communication to Mayor Dave Kline as well as Craig Sisak, my Council person, so they are aware of my thoughts and concerns. Should you have any questions, please do not hesitate to contact me. In addition to the Office Phone found on this letterhead, I can be reached via email at mmatusz@ourladyofvictory.net Thank you and all of our Council, Administration, Fire and Police for all you do to make Tallmadge the great community it is.” Sincerely, Reverend Michael A. Matusz, Pastor Mr. Loughry: Mrs. Kilway; do we have Mrs. Burton back yet? Pres. of Council: No. I have sent her a text, but I have not heard back from her yet. I have the letter for SPAN Ministries in front of me, so I will go ahead and read that and then if you want to grab the next one; we will just keep tag-teaming until we get them in. There are seven all together. Pres. of Council: The next letter is from Span Ministries of Tallmadge. SPAN MINISTRIES “Dear Tallmadge City Council, As American citizens, when it comes to issues in which we do not agree, it is common for the conversation to center around what one side or the other has the “right” to do. We find ourselves in the battle of freedoms. One person purports that they have freedom of religion and the other retorts that they should have freedom from religion. We debate as to whether the practice should be public or private. Is this freedom of speech or is this exclusion of those who don’t believe the same as we do? In the Spring of 2014, the Supreme Court ruled that city councils and other public boards are free to open their meetings with an explicitly Christian prayer. It would be easy to simply appeal to this without further discussion. However, we believe that this is beyond an issue of “rights”, rather it raises the question of “duty”. For those of us who are praying before city council meetings, it is to serve as a reminder to ourselves and those who believe in the teachings of Jesus as we do, that we are here to serve and to love. We understand that some may hear the call to prayer as an expression of domination. With that in mind, we would like to invite them to hear our urgency to pray as an opportunity for them to hold us accountable. This is not an invitation for them to believe as we believe, but a public declaration that in a society where we are motivated by our own self-interests, where money and authority are coveted, that we are committed to engaging differently. We ask that our public prayer be heard by those who don’t pray as we pray as an invitation to hold us accountable for serving the poor, the orphan, and the widow. Our heart is that our prayer be heard by those who do believe as we believe, not as a dog whistle that we are free to publicly say the name of Jesus and nobody can stop us, but as a reminder that we have surrendered to the duty to serve the community with compassion and humility. That we are not here to craft a comfortable community, but that we are here to know how we may be agents of love and empathy through our awareness of what is going on in Tallmadge. We may have the right to pray according to the Supreme Court, but what good is it to exercise the right to pray as an American citizen if it is not out of a desire and duty to serve the communities that we are praying for? When we stand up to pray, may it serve as a reminder to everyone in the room that we are committed to engage the community in this way. And, when we do not? Then, we hope that those who saw and heard us pray will remind us of our public declaration and how we insisted that we continue despite objections from our fellow citizens. May they remind us to act on the prayers that we have declared. Or else, may we simply pray silent, safe prayers and our religion be between us and God so that we don’t have to be held accountable to serving others.” Sincerely, Shepherd’s Pasture for All Nations Church Governing Council 14  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 The next letter is from Ken Bulgrin from First Apostolic Church. To Tallmadge City Council and/or whom it may concern, “Being a resident and pastor of Tallmadge, I can genuinely say that I have a deep care and respect for the Tallmadge community. Recently it has been brought to my attention that the City Council is considering the abolition of prayer preceding City Council meetings. Although some may view it as an outdated tradition, I implore you to wisely consider this decision. I believe it is imperative that we continue to pray as a community. Tallmadge Founder, Rev. David Bacon intentionally built the iconic Tallmadge Historic Church, now an emblem of faith, and the Historic City Hall in the center of the city. The architecture of our city declares God and prayer as an important piece of the city’s function. Therefore, abolishing prayer where crucial community decisions are made, denies the very thing on which our city was founded. Being the city with the most churches per capita, many of the Tallmadge community believe that prayer is not merely a traditional chant, but there is real power in prayer. During these unprecedented times, it is essential to pray for wisdom when making decisions that will affect our families and community. As a pastor, I have never seen anyone hurt by prayer including those serving as City Council members. For individuals who are in favor of abolishing prayer, they have every right to remain silent as a non- participant. However, please do not rob people of faith of the opportunity to pray that the Lord would bless and protect Tallmadge and give wisdom to our city leaders. As a pastor, I have watched God answer countless prayers. Some were small and others were deemed as true miracles defying all odds and science. Prayer releases power and I believe protecting the city council pre-meeting prayer would be in the best interest of the Tallmadge community. Tallmadge is thriving and here today, because of our founder who faithfully prayed and proclaimed it as a necessity of life. I pray God continues to bless you with wisdom and strength and reveals to you the true power and necessity of prayer. Thank you for taking the time to read this petition to protect pre-meeting prayer.” God Bless Pastor Ken Bulgrin The next letter is from Pastor Josh Deeter, First Church of Tallmadge. October 2020 Tallmadge City Council, “It has been brought to my attention that the council is proposing to suspend prayer to begin their meetings. I would like to give a few reasons why I believe the council should refrain from suspending prayer prior to meetings and continue with this practice and tradition. 1. Suspending prayer ignores the historical roots of Tallmadge. Tallmadge was founded by minister Reverend David Bacon. I cannot say for sure (I am sure you know) prayer has been a part of the city council meetings for over 200 years. 2. Prayer reminds the city council of their call to serve the people, do good, be humble, pursue justice and “for most of this nation’s history, even to this present day that our existence is to be understood beyond the authority of government.” 3. Prayer is often given by a minister of one of Tallmadge’s many churches. This allows for the council to meet and get to know some of the city’s faith leaders and influencers. There are at least eighteen different Christian Churches and more faith communities that meet in Tallmadge. When a minister is present to pray it reminds the minister of their call to bless the community while connecting the council to the large faith community. The moment of prayer is one of many ways to connect the council to the people they serve. Likewise, it reminds the minister that their congregation is part of a larger community in which God has called them to serve. 4. Tallmadge’s city leaders historically have close relationships with many of the ministers and congregations leading to partnerships for community improvement. Tallmadge’s COOL (Community Outreach Of Love) Day is an example. Prayer before meetings foster the relationships that contribute to these partnerships. Further, the council should desire a strong faith community for the good of their citizenry. Many of the council likely participate in the faith community personally. According the Pew Research Center, “People who are active in religious congregations tend to be happier and more civically engaged than either religiously unaffiliated adults or inactive members of religious groups…” To be clear, by making prayer present I am not suggesting that you enforce Christianity or any specific religion but to acknowledge its historical and mostly positive influence. 15  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 5. Finally, no one is forced to participate. Prayer, by its very nature and the way it is practiced at the meetings, is a practice that is not coerced. If a council member or attendee who is present feels uncomfortable by prayer, they can refrain from bowing or even assuming a posture of agreement mentally or physically. Thank you for your consideration of what I have had to contribute to the decision before you.” Sincerely, Josh Deeter, Lead Pastor, First Church The next letter is from Andy Alberts from Tallmadge Alliance Church. October 20, 2020 Dear Tallmadge City Council, “It's been brought to my attention that there have been objections regarding public religious expressions by local pastors who are leading prayer at the beginning of Tallmadge City Council meetings. These objections to public prayer are very similar to ones lodged with the U. S. Congress in 1852 concerning the use of legislative chaplains. In that challenge, the Committees on the Judiciary in both the House and the Senate each delivered a report pertinent to this discussion. The House Judiciary Committee concluded: Whereas, the people of these United States, from their earliest history to the present time, have been led by the hand of a kind Providence and are indebted for the countless blessings of the past and present, and dependent for continued prosperity in the future upon Almighty God; and whereas the great vital and conservative element in our system is the belief of our people in the pure doctrines and divine truths of the gospel of Jesus Christ, it eminently becomes the representatives of a people so highly favored to acknowledge in the most public manner their reverence for God: therefore, Resolved, That the daily sessions of this body be opened with prayer and that the ministers of the Gospel in this city are hereby requested to attend and alternately perform this solemn duty. Almost a century later, the U. S. Supreme Court reached a similar conclusion, declaring: We are a religious people whose institutions presuppose a Supreme Being When the State encourages religious instruction or cooperates with religious authorities by adjusting the schedule of public events to sectarian needs, it follows the best of our traditions. For it then respects the religious nature of our people and accommodates the public service to their spiritual needs. To hold that it may not would be to find in the Constitution a requirement that the government show a callous indifference to religious groups. That would be preferring those who believe in no religion over those who do believe. 2 Elias Boudinot, the President of Congress, and a Framer of the Bill of Rights in the First Congress cited the importance of opening every session of Congress with prayer: [W]e can only depend on the all-powerful influence of the Spirit of God, whose Divine aid and assistance it becomes us as a Christian people most devoutly to implore. Therefore, I move that some minister of the Gospel be requested to attend this Congress every morning during the sessions in order to open the meeting with prayer. 3 Benjamin Franklin, signer of the Constitution, signer of the Declaration of Independence and Governor of Pennsylvania expressed his thoughts on the importance of prayer in local politics: We have been assured, Sir, in the Sacred Writings that except the Lord build the house, they labor in vain that build it. I firmly believe this; and I also believe that without His concurring aid, we shall succeed in this political building no better than the builders of Babel. I therefore beg leave to move that henceforth, prayers imploring the assistance of Heaven and its blessings on our deliberations be held in this assembly every morning before we proceed to business, and that one or more clergy of the city be requested to officiate in that service.”⁴ The first President George Washington said it was impossible to build the government and a free society without religion and morality. "Of all the dispositions and habits which lead to political prosperity, religion and morality are 'indispensable' supports." 5 In a Thanksgiving Proclamation, George Washington said: "It is the duty of all nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor."6 16  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Andy Alberts, Tallmadge Alliance Church (Cont’d.) And finally, President Thomas Jefferson believed that every individual should pray according to his own beliefs. As Jefferson explained: [The] liberty to worship our Creator in the way we think most agreeable to His will [is] a liberty deemed in other countries incompatible with good government and yet proved by our experiences to be its best support.”7 In conclusion, I believe that the founders of our great nation and this nation's courts have valued and protected the expression of faith and prayers in national and local government. In addition, Tallmadge's own history draws deeply from a Christian heritage. The city of Tallmadge was established by Rev. David Bacon in 1807 and the historic Congregational Church was established just two years later in 1809. I strongly encourage the Tallmadge City Council to continue to ask and allow Christian ministers to open its meetings in prayer.” Sincerely, Andy AIberts, Pastor, Tallmadge Lutheran Church Mr. Loughry: Mrs. Kilway, were you done checking them off as they were being read? Pres. of Council: No, I am just going through my e-mails to get to them. Mr. Loughry: So, we read the letter from SPAN Ministries; we read the letter from Tallmadge Lutheran; we read the letter from First Church and Pastor Deeter; and also Pastor Bulgrin from the Apostolic Church along with Fr. Mike from OLV and Zach Reeves from Missionary Alliance. Mr. Carano: I have Scott Baker, Pastor of Northwest Avenue Church of Christ. Mr. Loughry: We also read Scott Baker. I believe that I just named off like 7. Pres. of Council: I think you are right. Mayor Kline was also agreeing with that as well. Mr. Loughry: OK, so those are read into the record. Do we have Mrs. Burton back yet? Pres. of Council: We do not; I’m not really sure what is going on. Mr. Loughry: I just want to make sure that Mrs. Raber gives us some direction moving forward on how we operate in the absence of a clerk. Dir. of Law: The President of Council can probably call that when you get into the first readings and so on and so forth. Right now, you are still in the committee section, so you continue to operate under the committees. If we have to; we will just have the President of Council read them into the record. Pres. of Council: I can read them into the record and Mayor Kline said he would do any of the roll calls. Mr. Loughry: Thank you everyone. So, on behalf of Mr. Carano, we read the letters into the record. At this time, I will open it up to Council members outside of our committee if anyone would like to offer input? Mr. Carano: Mr. Loughry, if no one does. I have one brief comment. Just a note that the letters, as I said, they don’t really deal with the topic and some of them tend to impugn or presume things about my character that they don’t know which I think in terms of you know, from my understanding about Catholicism; I know a lot about Christianity and I have studied different religions that you know that doesn’t seem good to do that so, I didn’t appreciate that aspect of it because if you are a Christian, you believe in God and your heart . . . if you are Christian, only God knows your heart; right. Isn’t that true? I mean . . . so the other aspect is that we haven’t addressed the fact about other faiths. If you want bring . . . (inaudible) the separation of church and state in this country; I know you are allowed to have prayer at Council and I never denied that that be stopped. If you want to talk about George Washington, besides the fact that he powdered his hair and had a dentist who purportedly gave him wooden teeth and owned slaves . . . you know, I mean that was what 230; you know 233 years ago or whatever, so the historical thing is . . . I mean you want to talk about why, under God, was put into the actual Pledge of Allegiance; was written by a Christian Protestant socialist who wrote that and he was a little racist in stuff later on in his life, but the time that was put in in 1954; if you know anything about history, you know why that was put in. It was during the McCarthy era and everything. The red scare against communists and everything then later on, McCarthy punned for what went on and the way that they let go, and so I mean history is very important, but history has many sides to it and some are a little more in depth than others. So, my only point is all those things were sorted to the side with what the resolution was about. I explained what it is about and I hope that you will look at it in that light and maybe if you are out talking to your ministers and things like that you can explain the purpose of it and it would be nice and I appreciate that. Thank you. 17  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Mr. Loughry: Thank you. Anybody else? Mrs. Kilway first and then Mr. Sisak. Pres. of Council: Thank you Mr. Loughry. I just want to say that I understand and I had a very nice conversation with Mr. Carano and he did enlighten me as to what his thinking was behind this resolution and I appreciate his point of view and we did have some discussion about it. The way the resolution, in my opinion, the way the resolution is written currently, I would not, if we took a vote on it today; I would not vote . . . if it could be amended to where we would continue the verbal prayer and then have a separate section for you know, anyone to have a silent reflection to pray according to their own beliefs and then also to just say that we are going to put together a committee that will pull in more than just the Christian leaders of our city and have the Christian leaders of our city go out and find leaders of other religions, but try to keep it to a minister that would do the prayer of any different religion whether it is from a mosque or a synagogue or so forth. I would be willing to do that. That is just my opinion. Mr. Carano: Mrs. Kilway, you know, I am no legal expert here, but from what I have read it has to be a minister; it doesn’t have to be a Rabbi or an Emom; it could be an atheist coming into it; you know the Supreme Court has not eliminated those people from it so . . . Pres. of Council: Well, that is my opinion though is that I think it should be a leader of a church or religious . . . Mr. Loughry: Mr. Sisak. Mr. Sisak: Thank you. I think . . . I haven’t heard much from my constituents on this having prayer for one, being an issue before Council meetings and I don’t know how all of the sudden it has become an issue of having prayer or bringing in you know the church leaders of our community and not of outside of Tallmadge. We represent Tallmadge. If we had a synagogue or a mosque or anything of the like, I most certainly would believe that they would be welcome to come and share their time with us and whatever type of prayer it is. Personally, I think this is an undermining what we have done on City Council for years and I think it is the ruination of our society and I really believe that there is no; there is really no place for this resolution. We are not an inter-faith organization. We represent the constituents of the City of Tallmadge and we have the people who have buildings and churches and places of worship come and participate and I think that is who we need to continue inviting. I am not against having outside people come in, but they are not part of Tallmadge; I’m sorry. And Mr. Carano . . . Mr. Carano: Yes. Mr. Sisak: You have had your time. Mr. Loughry is the Chair of this committee. Mr. Loughry: I’m fine. Mr. Sisak: So, I mean, if I could finish, without being interrupted, it is a nonstarter for me. A whole nonstarter. I am very Ecumenical and I have been parts of many different Christian faiths and I just . . . it just does absolutely nothing for me and I don’t think it moves us forward as a community and I don’t think it takes us back; it is just my belief that we are doing what we need to be doing for the citizens of Tallmadge and until they come and start telling me otherwise, I am happy with having prayer before our Council meetings. Thank you. Mr. Loughry: Anyone else on Council? Mr. Carano: Mr. Loughry; can I ask Mr. Sisak a question? Mr. Loughry: Yes, but we are going to be brief. Mr. Carano: Mr. Sisak, I was elected to serve all of the people of Tallmadge and you were elected to serve the people of your ward. Do you have Hindus and Muslims; are they in Tallmadge? Mr. Sisak: Uum, with all due respect, I think you know the answer to that. They don’t have a building here. Mr. Carano: Well, a building . . . Mr. Sisak: And they are not leaders of their church; they are just members and they practice and they exercise how they wish; correct . . . in their places of worship and they just happen to be outside of the City of Tallmadge. Mr. Carano: (inaudible) thank you. Mr. Loughry: Thank you. Anybody else on Council before I open it up to the Administration? No one responded. OK. Anybody on the Administration who would like to this resolution or offer input? Mayor: Mr. Loughry, thank you and thank you Council for talking about this. I agree with most of the Council folk’s opinions on this. I do believe it has a right place in here. Looking at the past history of Tallmadge, yes there was a period of time when the Council members back in the 1950’s actually did the prayer themselves on the floor and then it went to a silent prayer and then back in 1988; that’s when Councilman Jenkins at the time sponsored the 18  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Mayor (Cont’d.) legislation . . . or he brought the prayer from the Christian based ministers of Tallmadge into Council Chambers and it has been there ever since that time. Therefore, I think Mr. Carano comes up with a point that I would have no problem seeing Council, if they wanted to create a committee to look at how we get the ministers or how do we get the persons to come into Council to say the prayer, but I think it has a place. I think the whole City, as I talked to Mr. Carano about this in the past; it was founded on the Christian base and we have to remember that we are all people of the same . . . not same faith, but the same body and I think we should keep the prayer at a place here in City Council. But it is Council’s decision. Mr. Loughry: OK, so Mr. Bollas; we have received a lot of input and heard a lot the past couple weeks and this evening; do you have any comments you would like to make? Mr. Bollas: Yes, I just wanted to say thank you to everyone for expressing all of your thoughts on this and I have had a lot of time here to reflect on this and I would like to recommend rejection of this resolution at this time. Mr. Loughry: Thank you. I would concur with that. I believe there are a lot of things that can be done post handling of this resolution, but the task that we are charged with is to make a recommendation out of committee and I would agree with Mr. Bollas and I would recommend that we would reject this ordinance (he meant to say resolution) at 2nd Reading 2-0. End of Committee. Pres. of Council: OK. Thank you, Mr. Loughry. Up next is Item 13. 13. REPORTS OF SPECIAL COMMITTEES: None. 14. THIRD READINGS OF RESOLUTIONS AND ORDINANCES: Pres. of Council: Mrs. Burton is back with us, so go ahead Susan. a. Ord. 59-2020 – Amended – (3rd Reading) – Planning & Zoning – P&Z Rec. Approval 3-0 with Conditions. Amending and supplementing Ord. 20-2020 for conditional zoning to provide for outdoor patio and sale of alcoholic beverages at 137 East Avenue, Suite 30. Mr. Loughry moved for the adoption of Ord. 59-2020. Seconded Mr. Sisak. Roll Call: Mr. Bollas, Mr. Carano, Mr. Donovan, Mrs. Kilway, Mr. Loughry, Mr. Sisak – unanimous Ord. 59-2020 is adopted by a vote of 6-0. 15. SECOND READINGS OF RESOLUTIONS AND ORDINANCES: a. Ord. 62-2020 (2nd Reading) – Finance – Setting tap-in fees and meter rates for installation of water and sewer lines, private fireline fees and fire hydrant meter and backflow assemblies deposits for the City of Tallmadge and providing for immediate enactment. Pres. of Council: Ord. 62-2020 is at 2nd Reading and will remain before the Finance Committee. b. Ord. 63-2020 (2nd Reading) – Finance – Authorizing the Mayor to enter into an agreement with Trident Restoration, LLC for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enactment. Pres. of Council: Ord. 63-2020 is at 2nd Reading and will remain before the Finance Committee. c. Ord. 64-2020 – (2nd Reading) – Finance – Amending and supplementing Ord. 91-2019 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Pres. of Council: Ord. 64-2020 is at 2nd Reading and will remain before the Finance Committee. d. Ord. 67-2020 – (2nd Reading) – Public Service – Amending Section 351.99 of the Codified Ordinances of the City of Tallmadge to enhance penalties and providing for immediate enactment. Pres. of Council: Ord. 67-2020 is at 2nd Reading and will remain before the Public Service Committee. e. Res. 11-2020 – (2nd Reading) – Community Issues – A resolution by City Council of the City of Tallmadge, Ohio affirming that Tallmadge is a welcoming community that respects the innate dignity of all people and providing for immediate enactment. Pres. of Council: Res. 11-2020 is at 2nd Reading and will remain before the Community Issues Committee. 19  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 f. Res. 12-2020 – (2nd Reading) – Community Issues – A resolution by City Council of the City of Tallmadge, Ohio requiring all opening prayer at Tallmadge City Council meetings be silent and providing for immediate enactment. Mr. Loughry moved for the rejection of Res. 12-2020 at 2nd Reading. Seconded Mr. Bollas. Pres. of Council: I have a motion and a second to reject Res. 12-2020 at 2nd Reading. Is there any further discussion? Mr. Loughry: Mrs. Kilway, I didn’t speak in committee just to hold my comments for this discussion period, but here is where I am coming from on this. Number one, I respect and appreciate what Mr. Carano did here and I understand his perspective and respect him as a colleague. But, as a City Council member at large, number one; I know what I believe and I know the principles that both our country and this City were founded on and I know that what we are doing presently and the way that we are doing it is completely legal and I also know who my constituency is by a large portion and how they would expect me to vote on this resolution. So that is all I have. Thank you. Pres. of Council: Is there any other discussion? No one responded. Susan, please call the roll. Just a reminder that this is a rejection of the resolution, so a yes vote would be to reject the resolution. Roll Call: Mr. Carano – no, Mr. Donovan – yes, Mrs. Kilway – yes, Mr. Loughry – yes, Mr. Sisak – yes, Mr. Bollas – yes. Res. 12-2020 is rejected by a vote of 5-1. 16. FIRST READINGS OF RESOLUTIONS AND ORDINANCES: • Ord. 68-2020 – (1st Reading) – Finance – Approving and granting a conditional zoning certificate to applicant DWC Pipeline, LLC on behalf of the property owner Heritage Woods, LLC for contractors services with materials and equipment storage yard located at Parcel No. 6006017. Pres. of Council: Ord. 68-2020 is at 1st Reading and is assigned to the Finance Committee. • Ord. 69-2020 – (1st Reading) – Finance – Adopting a budget for various funds of the City of Tallmadge, Ohio, for current expenses and other expenditures during fiscal year ending December 31, 2021, appropriating the necessary funds for the administration thereof, authorizing transfers between funds, and providing for immediate enactment. Pres. of Council: Ord. 69-2020 is at 1st Reading and is assigned to the Finance Committee and we do have a public hearing on December 10th at 7:03 p.m. • Ord. 70-2020 – PTTF Contract – Tracked Version – (1st Reading) – Personnel – Authorizing the Mayor to enter into an agreement with the Tallmadge Part-Time Firefighters Association consisting of Tallmadge Part- Time Firefighters and providing for immediate enactment. Pres. of Council: Mr. Sisak, could you please take over the meeting at this point in time. I am going to recuse myself because of a familiar relationship with reference to this ordinance. Mr. Sisak: OK. Madame Clerk, would you please read it into the record? This is at 1st Reading and will be placed in front of the Personnel Committee. • Ord. 72-2020 – (1st Reading) – Personnel – Extending the training period for Service Department Administrative Assistant to 45 days and providing for immediate enactment. Mr. Loughry: Now that we have Mr. Donovan; we can go ahead and adopt this; correct? Pres. of Council: That is correct. Mr. Loughry: I would move for the adoption of Ord. 72-2020 at 1st Reading. Seconded Mr. Sisak. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mr. Bollas, Mr. Carano – unanimous. Ord. 72-2020 is adopted by a vote of 6-0. Mr. Loughry: I move that we move into Executive Session for the purpose of discussing Collective Bargaining. Seconded Mr. Sisak. 20  VIRTUAL REGULAR MEETING in Council Chambers @ 7:00 p.m. October 22, 20 Pres. of Council: Any opposed? No one responded. OK. Just for the record, I am going to pick up my computer and take it over to Council’s conference room so that I am not anywhere near any of this. Mr. Sisak: It is 8:57 p.m. Mayor: Madame Chair, and to all Council members and to the public, the Council members will have to leave this; so you are logging off of this meeting and go to your calendar invite and tag onto the Executive Session and when we are done with the Executive Session, we will log back into the Council meeting to continue with the meeting. So, Craig you said it was what time? It is now 8:57 p.m. and so if you would leave this meeting. Pres. of Council: It is now 9:07 p.m. and we are back from Executive Session. Is there anything further to come before City Council this evening? No one responded. Mr. Sisak: Yes, I would like to take a moment and wish Sue Burton a very happy birthday. Pres. of Council: Yes; happy birthday Susan. 17. ADJOURNMENT: Mr. Sisak moved to adjourn. Seconded Mr. Loughry. Voice vote 6-0. The Virtual Regular Council meeting adjourned at 9:08 p.m. sb Adopted: _______________________________ _________________________________ Susan E. Burton, Clerk of Council Carol A. Kilway, President of Council 21