City Council Regular Meeting

COUNCIL MEETING Council Chambers @ 7:00 p.m. December 9, 21 1. CALL TO ORDER. President of Council Kilway called the Regular Council meeting of Thursday, December 9, 2021, to order at 7:00 p.m. Public input is invited at the beginning of the meeting to discuss an item that is not on the agenda. So please wait until you are recognized by the Chair and state your name and address so that your comments may be properly recorded and limit your remarks to a period of two (2) minutes or less. It is appreciated that anyone wishing to address Council register with the Clerk of Council or through the on-line form by 3:00 p.m. the day of the meeting. This is not necessary; it is just appreciated. We will have an Executive Session prior to the adjournment of the Council meeting in regard to Collective Bargaining Matters, Sale of Property and Pending or Imminent Court Action. So, prior to the adjournment of the meeting, we will leave briefly and then come back and adjourn. Dir. of Law: We will come back and take action. 2. OPENING PRAYER AND PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mrs. Allman, Mr. Bollas, Mr. Donovan, Mr. Grimm, Mrs. Kilway – present. Also present were Mayor Kline, Dir. of Public Service Rorar, Dir. of Administration Cooper, Dir. of Economic Development Springer, Dir. of Law Raber, Dir. of Finance Gilbride and Clerk of Council Burton. Mr. Loughry was excused and Mr. Sisak was ill. 4. Correcting and Adopting the Previous Meeting Minutes 10-27-21 Regular Council Meeting Minutes 11-11-21 Regular Council Meeting Minutes Mr. Bollas moved for the adoption of the 10-27-21 and 11-11-21 Meeting Minutes. Seconded Mrs. Allman. Roll Call: Mr. Bollas, Mr. Donovan, Mr. Grimm, Mrs. Kilway, Mrs. Allman – The 10-27-21 and 11-11-21 Meeting Minutes have been adopted by a vote of 5- 0. 5. Financial Reports  Fire & EMS Fund Transfer in the amount of $65,000 to Council on 11-30- 21.  Street Maintenance & Repair Transfer in the amount of $135,000 to Council on 11-30-21.  Appropriation Report, Fund Report and Revenue Report for the period ending 11-30-21 to Council on 12-3-21.  November Financial Reports to Council on 12-3-21.  Tallmadge Recreation Center Profit and Loss Report for the period ending 11-30-21 to Council on 12-3-21.  Income Tax Comparisons for the period ending 11-30-21 to Council on 12- 3-21.  Revenue Comparisons for the period ending 11-30-21 to Council on 12-3- 21.  Consolidated Investment Portfolio for the period ending 11-30-21 to Council on 12-3-21. Mr. Grimm moved for the acceptance of the financial reports. Seconded Mr. Donovan. Roll Call: Mr. Donovan, Mr. Grimm, Mrs. Kilway, Mrs. Allman, Mr. Bollas – unanimous. The Financial Reports were accepted by a vote of 5-0. 6. Public Hearings: 2021–110 & Exhibit At 3rd Reading. FINANCE Adopting a budget from various funds of the P.H. ON 12-9-21 @ 7:03 P.M. City of Tallmadge, Ohio, for current expenses and other expenditures during fiscal year ending December 31, 2022, appropriating the necessary funds for the administration thereof, authorizing transfers between funds, and providing for immediate enactment. Pres. of Council: It is now 7:06 p.m. and I call the public hearing for 2021-110 open. Is there anyone who would like to speak in favor of 2021-110? No one responded. Is there anyone who would like to speak against 2021-110? No one responded. Second time; is there anyone who would like to speak in favor of 2021-110? No one responded. Is there anyone who would like to speak against 2021-110? No one responded. Third and final time; is there anyone who would like to speak in favor of or against 2021- 110? No one responded. Hearing nothing, it is now 7:07 p.m. and I will call the public hearing for 2021-110 closed and I will recognize the Chair, Mr. Donovan if you could please open the committee. Mr. Donovan: I call the Finance Committee to order. We have Ord. 110-2021 before us. Mayor: Thank you Mr. Chairman and City Council for their consideration of the budget. There are a lot of good things in this budget. We started this budget close to 6 months ago and maybe even longer than that. We had a couple of things that we did add to this budget  this time around. Council has requested, $25,000 for the camera system within Council Chambers. There was more discussion about the budget. COUNCIL MEETING Council Chambers @ 7:00 p.m. December 9, 21 Mayor (Cont’d.) Outside of that I am happy with the budget and I have thanked Jill Stritch and Mollie who spent hours putting this together and also all of the Department Heads. I know we have some of them in the audience tonight; actually three of them. Did they get everything they wanted; no. Neither did a lot of folks but it is a very good budget and it will do very good for the residents who we all represent. With that; I would request adoption. Mr. Grimm: I am a fiscal conservative and I think anybody who knows me knows that I am pretty cheap. As I look at the budget, we are eating into the unencumbered fund balance of about $1.5 million in this budget which is going to take your unencumbered amount from $7.7 to $6.2 which is still very healthy. But, I am not sure where future Councils are going to see this eating into the unencumbered balance to come to an end. With all due respect to Councilman Sisak and his budgetarys, Council has to go through the operational budget line by line. Your Operating Budget is what is going to kill you if they don’t keep a hand on it. You have to look at your Operating Budget because you can’t control the Recreation Center by worrying about the Capital portion to it. The Capital is the gravy that is left over that you get to spend. So, I have some concerns about the way this was done. I have concerns about hiring 6 full-time firefighters in one year Mayor: If I can just say one thing about the fund balances. When I took over as Mayor eleven years ago our fund balance in the General Fund was $3 million. Today it is $7 million and that is because we do such a good job on the budget. Yes, we have some extra CARES Act money that is $1 million that is in there, but we are being conservative with that because we don’t know the end result of how the income tax is going to be affected by the people working not in their businesses and we already know one business here in Tallmadge; a major business, one of our biggest one; a lot of employees are working not in Tallmadge and that could affect us long term and so we do, and I take that very strong what Chris has said and we will look at this budget and we look at it every year line by line by line item. Thank you. Pres. of Council: I would like to move to adopt Ord. 103-2021. Seconded Mr. Donovan. Pres. of Council: I’m sorry, I said the wrong number. I move to adopt 2021-110. Seconded Mr. Donovan. Roll Call: Mr. Grimm, Mrs. Kilway, Mrs. Allman, Mr. Bollas, Mr. Donovan – unanimous. 2021-110 is adopted by a vote of 5-0. 7. Community Input: Mayor: It is my pleasure to talk about the Tallmadge Rec Center and a couple of things that have happened up at the Tallmadge Rec Center and I have some certificates to pass out to some of the members of the Rec Center. Let’s start with June 2nd of last year when the Rec Center employees had to jump into action to do CPR on a gentleman that had collapsed on the basketball court, and they were recognized not only by the City but by the American Heart Association Heart Savers Heroes Award. This is a certificate for members of the Rec Center for their work performing CPR. David Kline, not this Kline, although I have done it before, but Nathan Canavan, Daniel Enos, Randy Keen, Allison Bauer and Samantha Delapa. On that day they got this guy to make it to the squad and made it to the hospital, but unfortunately, he did not make it much longer, but they did their job and they got him to the hospital to give him a fighting chance. On behalf of the City of Tallmadge and the Heart Savers Heroes Awards; Jessica if you want to come up and get these. Thank you. That was on June 2nd. Now that happened last June and so now on November 2nd, Mr. Chuck Davis who is in the back there; he is raising his hand and he will stand up or he might say something. The team was called into action again. I guess the moral of the story is make sure you are at the Rec Center. The team performed CPR again on Mr. Davis who had collapsed upstairs on the 2nd floor and without this team, I can truly and honestly say that Mr. Davis would not be here today if it wasn’t for you guys and so the Red Cross Certificates aren’t done yet; they are being submitted and they will provide us those. They did do a letter of commendation to all of the members who performed their duties on that day.  Gary Crabtree, Tessa DiFrancesco, Randy Keen, Joanne Boyd, Cheryl Collier, Kristin Lally, Karen Oberlin, Jessica Simons, and Micah Damon Thank you for all the work you have done, and I think the Fire Chief can attest to it. I know he has said multiple times the great work your team has performed up there. So, the citizens of Tallmadge and members of the Tallmadge Rec Center are very fortunate to have you guys trained to the fullest to do your jobs. Mr. Davis then spoke and thanked the members of the Rec Center. His daughter also spoke and thanked everyone for saving her dad. 8. Agenda Additions:  Discussion regarding the Liquor Application for Sunshine Stores LLC dba Save-A- Lot. 2  Pres. of Council: We do have a liquor application for Sunshine Stores LLC doing business as Save-A-Lot. That would be the Save-A-Lot over on Britain Road in Midway Plaza. Typically, we do not require a hearing for these. Dir. of Econ. Development: (inaudible at the beginning) . . . There is no change to the permits that already exist. COUNCIL MEETING Council Chambers @ 7:00 p.m. December 9, 21 Pres. of Council: OK, so I will make a motion that we do not need to require a hearing for that. Seconded Mr. Donovan. Voice vote 5-0.  Discussion regarding 2022 Council Meeting Schedule. Pres. of Council: Next, we also have the Council Meeting Schedule for 2022. The big thing I think is the Organizational Meeting to schedule that on January 10th of 2022 at 6:00 p.m. Is everyone OK with that date? Mr. Grimm: Do you suppose we could make these meetings at 7:00 p.m. I just know that years ago we established that all meetings would be at 7:00 p.m. Every other meeting you have in the evening is at 7:00 p.m. Pres. of Council: Does anybody else have an opinion on what time that meeting should be? Mr. Bollas: I have more of a general question I guess. So, is there a way that we could finalize the calendar at the first meeting versus tonight so that we have an understanding of everyone’s perspectives? Pres. of Council: Well, I do know that Mr. Loughry has already had some input on the schedule. He had asked to have a Work Session for the Budget prescheduled for either November 29th or 30th. Then he had also asked to put a meeting on December 22nd for Christmas if needed. Usually, we are off on that one, but to kind of like keep it open in case there is a meeting that is needed and so I know that he has already looked at it if those were his only two issues. Mr. Bollas: The one last thought I had was that last year we had a working session on Council Rules. I thought that was really helpful. Pres. of Council: Usually we are off on that one, but just keep it open just in case there is a meeting that is needed. So, I know that he has already looked at this and those were his only two issues. Dir. of Law: Council can always schedule a special meeting. Mr. Bollas: OK. The one last thought I had was around last year we had a working session on Council Rules which I thought was really helpful. Dir. of Law: You can always schedule a special meeting. Pres. of Council: Yeah, so if you have some ideas on Council Rules that you want to change, then we can all meet together to discuss that. We will have a special meeting for that if that is something that you would want to do. This is just for our main meetings and a couple of breaks that we have. There is . . . Beggar’s Night or Trick or Treat is Thursday, October 27th and we do have a meeting scheduled and so we would need to change that one to October 26th on Wednesday and do that ahead of time instead of having to do it later on. I would like to go ahead and change that to October 26th at 7:00 p.m. And then if you guys want to have the Organizational Meeting at 7:00 p.m. I am fine with that. Pres. of Council: Do you have any . . . Mrs. Allman: It doesn’t matter. Dir. of Law: I would ask you to contemplate not taking a summer break at the end of July. Planning & Zoning is very active during that time period and it is always very problematic and has been for years and years and it causes delay in a lot of things. Pres. of Council: I would agree with you Mrs. Raber, I do not think that we need to take a vacation in July. I think we should have a meeting on July 28th. Dir. of Law: I would also suggest that at the end of the year you go ahead and plan on having a third meeting sometime between the November and December timeframe. I would not have it be on the 22nd because it is very close to Christmas. Possibly you could have the week before it. Dir. of Finance: A comment too on the Budget Work Session; we provide the budget at the end of October, and I think if Council wants changes made to the budget, I find that way late in the game. The week after the November 10th meeting is typically when we have it anyway, but I think waiting until the 29th to have discussion with Council and the public about the budget is too late. Pres. of Council: So, we could change that November 29th or 30th and let’s just keep it on a Thursday. Dir. of Finance: So, have it on the 17th. Mr. Grimm: Since there are only 5 of us here tonight and only 3 of you are going to be here to approve this, I would suggest that what we do tonight is just to make a motion to meet on January 10th at the Organizational Meeting and then the 7 of you can set your agenda at that time. 3  Pres. of Council: Well, that is what I was going to suggest we do is go ahead and make these preliminary changes and not finalize the schedule until the Organizational Meeting on January 10th. Mr. Grimm: I make a motion for an Organizational Meeting on January 10, 2022. Pres. of Council: At what time? Mr. Grimm: 7:00 p.m. You shouldn’t have left that one to me. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mrs. Allman, Mr. Bollas, Mr. Donovan, Mr. Grimm – unanimous. The Organizational Meeting will be on 1-10-22 at 7:00 p.m. COUNCIL MEETING Council Chambers @ 7:00 p.m. December 9, 21 9. Reports of Administrative Officers: a. Mayor/Director of Safety: Thank you Madame Chair. Service Director Rorar is out of town. I will be a little bit of a Service Director and a little bit of Mayor. I again thank Council for the budget. You saw that Howe Road is going to be closed of all times at the Christmas Season. How stupid is that on behalf of the engineers of Portage County. That being said, it will benefit the box culvert at Crystal Parkway. East Avenue/Washburn Intersection – If you have driven out that way the intersection is pretty much completed. The leaf program is going along. They still have a lot of piles out there and they will continue to get those piles picked up until the snow flies. They already had to convert the trucks over once for snow plowing and salting, but now they are back at it today doing the leaves. The Fire Station update. That photo was taken this afternoon. That is Fire Station No. 2. As you can see down along here; this is the administrative side of the living quarters of the fire station. They started to stone that out. They plan on pouring the concrete floor on that side of the bay next Wednesday. Next week is supposed to be fairly warm. The beams for the garage doors did come in so they are setting up scaffolding to complete the headers and that for the garage bay areas and then the flex core in the center core here, those big concrete slabs are coming in Monday and the crane will be there and set all of the concrete flex over the top of those areas on Monday and then they will be able to complete the walls and then start on the roof structure. So, it is moving along. I would like Council to consider moving the Public Service Committee up to Item 10.A. tonight because we do have speakers here; people in the audience to talk about the joint dispatch center. I will present it and then if you have questions, I have the consultants and the lawyers who helped put the document together so when that comes up, we will talk about that. Again, thank you to all of Council. We had a very busy year and to all of the employees for all their hard work throughout the year and to wrap my report up, I would like consideration to Withdraw Ord. 103-2021; that is the lease at Dunbar and we will talk about that when that comes up and the adoption of Ord. 122-2021; the fire truck to Stark State, 127-2021, Tallmadge PD Improvements that I talked about in the budget, 128-2021 – East Avenue/Washburn Intersection that is for finances that Mollie needs and for us to complete that project going into the new year, Ord. 129-2021 which is the CDBG Funds that allows us to apply for grants next year through the CDBG, Ord. 112-2021 the non-collective benefits for the Police Department both Sergeants and Patrols; that is Ord. 123 and Ord. 124-2021 and then Ord. 112-2021 is the non-collective bargaining package. Outside of that, that’s all I have. b. Director of Administration: Good evening everyone. I have no report this evening. If you have any questions, I’m happy to answer them. c. Director of Public Service: Excused. d. Director of Economic Development: Likewise, no report this evening but I would be happy to take any questions. Pres. of Council: Quick question. I know we have all read about it in the Beacon Journal. You know what I am going to ask, Midway Plaza. Dir. of Econ. Development: I think I will defer to our Law Director. Dir. of Law: We are in communication with the property owner and the extension has been granted until January 15th and I am not going to comment further. Mr. Grimm: Back to Mr. Cooper really quick; the Executive Session somebody said we are going to act on something after the Executive Session. Are those items in Personnel? Dir. of Administration: Yes. Mr. Grimm: I was just going to suggest that we move the Personnel Committee to after the Executive Session then. Mayor: OK. Dir. of Law: There is another item that needs to be addressed as well following our Executive Session. 4  e. Director of Finance: Good evening. Everybody received the November Financial Reports, and everything continues to go well. We did see one of our major employers switch over to the new, or well switch back to the original, the actual way of withholding that was suspended during the pandemic and it is going to have a major impact. We do have the potential that they could request refunds, so I just caution everybody. I do think we are going to be in for an interesting financial year revenue-wise and income tax-wise and learning our new baseline, but otherwise I think financially this year we saw tremendous income tax numbers which I reported. I would ask for adoption of Ord. 128-2021 at 1st Reading and if anybody has any questions, I would be glad to answer them. COUNCIL MEETING Council Chambers @ 7:00 p.m. December 9, 21 Pres. of Council: With the change of people working at home and now they can pay their income taxes where they are actually living; do we have any type of a sense on the number of residents that are now working from home? I know we have one sitting right over there. Dir. of Finance: It is going to be a real tricky situation because I can’t go knocking on resident’s doors and so we are really going to have to rely on employers. We are lucky in the fact that we do use R.I.T.A. so they collect for a lot of municipalities around and so they will, if they have a resident of Tallmadge that files a refund request with them for another city they are first going to look at that person and say, do you live in one of the municipalities that we are also collecting for and sorry, we are not giving you the refund. We are going to pay your resident’s city because that is who you owe. So, we are fortunate in that effect that we do have that larger picture with R.I.T.A. collecting for us, but being a suburb of the City of Akron, we also don’t. Like I said, it is going to be an interesting transition and I do think you will find that cities are going to start sharing the information with their neighboring cities so we can all figure out and get the revenues that we all need to continue to operate. Mr. Bollas: I was just going to add another complexity, and I am using myself as an example, our back to office date has been pushed up four times in the past 2 years and it continues to push out and then the model of our back to work, or back to the office is a hybrid model that is still to be finalized so even if we did collect the data what is to say that the employers won’t change the . . . Dir. of Finance: Correct. Like we are at the mercy of the employers too to honestly be doing it. f. Director of Law: Thank you. I have no report this evening. 10. Reports of Standing Committees of Council of the Whole: Pres. of Council: We are going to switch up the agenda a little bit and we are going to start with Public Service. a. Public Service Rebecca Allman, Chair Dennis Loughry, Vice Chair i. Second Readings of Resolutions and Ordinances A. 2021-120 – Amended & Exhibits – Tracked & Tracked Exhibits – Authorizing the Mayor to execute a cooperative agreement with the City of Akron, the City of Cuyahoga Falls, the City of Fairlawn, the City of Stow, and the County of Summit whereby the County will acquire, design, construct, furnish, maintain and finance a joint PSAP building, and authorizing the Mayor to execute those agreements defined in the Cooperative Agreement, including but not limited to, an Intergovernmental To Agreement for the establishment of a Council of Governments with the City of Cuyahoga Falls, the City of Fairlawn, the City of Stow, and the County of Summit, for purpose of operating a consolidated primary PSAP, guarantee agreements, lease agreements, and a joint use agreement for the use and operation of the joint PSAP building located in the City of Tallmadge, and providing for immediate enactment. Mrs. Allman: I call the Public Service Committee to order. We have 2021-120 before us. 2021-120 was read into the record. Dir. of Law: That is the one that we would like consideration of. (inaudible) Mayor: Thank you for reading that in and thank you Megan for clarifying that. This ordinance here is probably one of the most important outside of the City budget that I think our Council is going to be adopting. I know for this year, but from many years past. Ord. 120 allows us to enter into a COG at the location at North Avenue and Howe Road in the Weaver Workshop building. This building will be owned by Summit County and leased to the COG and also leased to the City of Akron. The amendment is removing the City of Stow from the document. I am still confident that the City of Stow will come to the COG, but at this point we are amending it in case they do not come. But it will be in front of their Council this month and the following month to come forward. This process started actually almost 20 years ago and back then Chris Grimm, Mayor Grimm at that point started with a group of cities inside the Council 5  Chambers talking about collaboration. That did not come to fruition, but we did end up entering into a contract with the City of Stow. So, today, by adopting this, I think it will be a landmark that this is finally coming to fruition and it is truly the meaning of collaboration. I really applaud Chris Grimm for his thought process back 20 some years ago to make this happen. Mr. Grimm: I will go ahead and make a motion to accept the amended version of 12-9-21. Seconded Mrs. Kilway. Roll Call: Mrs. Allman, Mr. Bollas, Mr. Donovan, Mr. Grimm, Mrs. Kilway – unanimous. Ord. 2021-120 is amended by a vote of 5-0. COUNCIL MEETING Council Chambers @ 7:00 p.m. December 9, 21 Mr. Grimm: I move for the adoption of 2021-120. Seconded Mr. Donovan. Roll Call: Mr. Bollas, Mr. Donovan, Mr. Grimm, Mrs. Kilway, Mrs. Allman – unanimous. Ord. 2021-120 is adopted by a vote of 5-0. B. 2021-121 & Exhibit – An ordinance to approve, adopt and enact the 2021 replacement pages to the codified ordinances; to repeal ordinances in conflict therewith; to publish the enactment of new matter; and providing for immediate enactment. Mrs. Allman: 2021-121 was read into the record. Mr. Bollas: I move for the adoption of 2021-121. Seconded Mrs. Kilway. Roll Call: Mr. Donovan, Mr. Grimm, Mrs. Kilway, Mrs. Allman, Mr. Bollas – unanimous. Ord. 2021-121 is adopted by a vote of 5-0. ii. Additional Items: None. a. Planning and Zoning James Donovan, Chair Craig Sisak, Vice Chair Mr. Donovan: I call the Planning & Zoning Committee to order. We have no legislation on the agenda this evening. Is there anything from the Council or the Administration? Hearing none. I close committee. i. Additional items: None. b. Finance Craig Sisak, Chair James Donovan, Vice Chair i. Third Readings of Resolutions and Ordinances A. 2021-103 – Authorizing the Mayor to enter into a lease with Southeast Avenue Company, LLC, for 731 Dunbar Road and providing for immediate enactment. Mr. Donovan: I call the Finance Committee to order. We have 2021-103 at 3rd Reading. 2021-103 was read into the record. Mayor: As I stated in my report earlier, I am going to request a Withdrawal of this. I will say that the property was sold and transferred this past week, so Southeast LLC has purchased the property and we all know that that is Summit Racing. Working with Summit Racing, I think they have agreed that they are going to immediately raze the building, clean the site, remove everything off of the site and green space it and keep up the maintenance of that property at 100% cost on Summit Racing’s side. I think rather than rushing into an agreement that would cost significant funds from the City of Tallmadge and we both agreed to hold off on the decision until we can better understand the potential of a public private partnership in the future. They will allow us to enter into a pre-lease to maintain that ball field and for us to take over that ball field immediately for the spring play which is a benefit to our teams here in Tallmadge. Service Director Rorar and myself are looking at some other locations at either David Bacon and also Howe Road Park. Again, it is school property; it is their property. They sold it and I am just trying to help out for the future of the kids in our area. We just did not come up with a proper agreement. Mr. Grimm: Why don’t we just Table this thing, and it will just go away then? Mayor: I don’t know if it will go away. I think if we Withdraw it then I can come back . . . I defer to the Law Department. Mr. Grimm: I believe in Council Rules that if you Table it at the end of the term it just goes away unless that’s . . . Mayor: I know it used to be like that and then Council changed . . . if we Tabled it at the end of the year . . . Dir. of Law: I am trying to find the answer to that question, but I know definitely the Withdrawal accomplishes the means to the end and then we could always look at reintroducing in the future should that come to fruition. 6 Pres. of Council: I just had a quick question, with the ball field that is over by the Summit DD property, which I call the Challenger Field; what type of condition is that in? I haven’t looked at it lately. I know they actively use it. Mayor: It needs some work. There are some drainage issues along the back side of it, but it hasn’t been used for a while. I know the Challengers also went to Kent Drive occasionally which wasn’t the best location for Challengers at that time. We will work on it. We are committed to working on it. Summit DD is all in favor of us working on that. Dir. of Law: I am not seeing anything that address the tabling. It may have been in there before, or it may still be in there and I’m just not finding it. Pres. of Council: I think we do need to Withdraw it. Mr. Donovan: Simplify things. COUNCIL MEETING Council Chambers @ 7:00 p.m. December 9, 21 Pres. of Council: I move to Withdraw Ord. 2021-103. Seconded Mr. Donovan. Roll Call: Mr. Grimm, Mrs. Kilway, Mrs. Allman, Mr. Bollas, Mr. Donovan – unanimous. 2021-103 is Withdrawn by a vote of 5-0. ii. Second Readings of Resolutions and Ordinances A. 2021-117 & Exhibit – Tracked Exhibit – Amending and supplementing Ord. 64-2020 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Mr. Donovan: Next is 2021-117. 2021-117 was read into the record. Mayor: Since we only have 5 members of Council and again, all the ordinances that are not at 3rd Reading will go into enactment in 30 days and Council comes back beyond that 30 days. This ordinance really does not go into effect until February 2nd for the Ordinance and so I think I’m OK with just giving that a 2nd Reading knowing that we don’t have the required Council members. The Rec Center wanted to advertise, but just give it a 2nd Reading. B. 2021-122 – Declaring the 1995 Pierce Dash Ladder Fire Truck to be excess/obsolete and authorizing the sale of said equipment to Stark State College with certain conditions and providing for immediate enactment. Mr. Donovan: Next is 2021-122. 2021-122 was read into the record. Mayor: I did request this to be adopted at 2nd Reading. We need to get it out of the bay because the new truck is in service. Mrs. Kilway moved to adopt 2021-122. Seconded Mr. Donovan. Roll Call: Mrs. Kilway, Mrs. Allman, Mr. Bollas, Mr. Donovan, Mr. Grimm – unanimous. Ord. 2021- 122 is adopted by a vote of 5-0. iii. First Readings of Resolution and Ordinances A. 2021-127 – Appropriating additional amounts for the Police Department Improvements needed and providing for immediate enactment. Mr. Donovan: 2021-127 was read into the record. Mr. Grimm: We had quite a bit of discussion on this in the Mayor’s report. This is just moving the monies up in 2022 to today and so I will make a motion to approve Ord. 127-2021. Seconded Mr. Donovan. Roll Call: Mrs. Allman, Mr. Bollas, Mr. Donovan, Mr. Grimm, Mrs. Kilway – unanimous. Ord. 2021-127 is adopted by a vote of 5-0. B. 2021-128 – Authorizing the appropriation, advance and transfer of money for purposes of the East Avenue/Washburn Road Intersection Improvement Project and providing for immediate enactment. Mr. Donovan: Next is 2021-128. It was read into the record. Mrs. Kilway moved to adopt Ord. 2021-128. Seconded Mr. Loughry. Roll Call: Mr. Bollas, Mr. Donovan, Mr. Grimm, Mrs. Kilway, Mrs. Allman – unanimous. Ord. 2021-128 is adopted by a vote of 5-0. C. 2021-129 – Authorizing the Mayor to apply for and receive funding from the 2022 Community Development Block Grant (CDBG) Program year and to enter into a contract for the same and providing for immediate enactment. Mr. Donovan: Ord. 2021-129 was read into the record. Mr. Grimm: It is always good to get money, so I will make a motion to adopt Ord. 2021-129. Seconded Mrs. Allman. Roll Call: Mr. Donovan, Mr. Grimm, Mrs. Kilway, Mrs. Allman, Mr. Bollas – unanimous. Ord. 2021-129 is adopted by a vote of 5-0. D. 2021-130 & Exhibit – Authorizing the Mayor to enter into an agreement with the City of Akron for Revenue Sharing Agreement related to occupation and use of joint PSAP public safety facility and providing for immediate enactment. Mr. Donovan: Ord. 2021-130 was read into the record. 7  Mr. Grimm: Mayor, this looks just like a housekeeping ordinance to enter into the COG: is that what it basically is? Mayor: No. I think there is more to that. That is about tax sharing with the City; Akron’s portion of it. I would rather see this have some readings and some discussion. Mr. Grimm: Let’s just give this a 1st Reading then. E. 2021-131 – Accepting the donation of Parcel “A” .2705 acres located adjacent to 235 Northeast Avenue from Speelman Properties, LLC for purposes of a City Park to maintain a walking trail and providing for immediate enactment. Mr. Donovan: Ord. 2021-131 wad read into the record. Mayor: Just give this a 1st Reading. This is connecting Kent Drive Park over to Lions Park along the fence line. Right now, kids and everyone walks from Kent Drive Park along the property behind Lions Hall basically over towards that way to tie the two parks together. They are walking on private property which is owned by Speelman COUNCIL MEETING Council Chambers @ 7:00 p.m. December 9, 21 Mayor (Cont’d.) Electric. Speelman has graciously authorized us to do a lot split and donate that parcel so we can fence it off properly, so people are walking on City property; easement property instead of private property. Mr. Donovan: Thank you. Is there anything else to come before the Finance Committee this evening. Pres. of Council: Just a point of clarification; this is the income tax on the wages because it is going from . . . because they are being employed by Akron right now and so Akron is receiving their income tax and then they are going to be working in Tallmadge, so it is part of the agreement of what we have when an organization or a business comes from Akron to Tallmadge; we still have that . . . there is still like a tax share incentive? Mayor: If they qualify. That tax sharing ordinance allows us to negotiate individually with businesses. But Jonathon, we will get you that. Mr. Donovan: Anything else? I will close committee. iv. Additional Items: None. Pres. of Council: The next committee is Personnel, but Mr. Grimm has asked that we table Personnel Committee until after we come back from the Executive Session. Is that alright with everyone? Dir. of Law: Madame President, I would ask the same be done for Community Issues please and that you table that until after the Executive Session. c. Safety Jonathon Bollas, Chair Christopher Grimm, Vice Chair Mr. Bollas: I call the Safety Committee to order. We have no legislation this evening. Is there anyone on the Administration or Council have any items for the Safety Committee this evening? I just want to say thank you for distributing the schedule. I appreciate that. And then the new truck; is that now in service or is there an in-service date? Mayor: Monday. Mr. Bollas: I close committee. i. Additional Items: None. 11. Reports of Special Committees: None. 12. Announcements:  There will be an Executive Session prior to adjournment of this Council meeting to discuss Collective Bargaining Matters, Sale of Property and Pending or Imminent Court Action. Can I get a motion to go into Executive Session? Mr. Grimm moved to go into Executive Session. Seconded Mr. Donovan. Roll Call: Mr. Grimm, Mrs. Kilway, Mrs. Allman, Mr. Bollas, Mr. Donovan – unanimous. It was approved to go into Executive Session for the purpose of discussing Collective Bargaining Matters, Sale of Property and Pending Imminent Court Action by a vote of 5-0. When we come back we will have discussion on the Personnel Committee and also Community Issues. It is now 8:22 p.m. and we are adjourning into Executive Session. Pres. of Council: It is 8:47 p.m. and we have returned from Executive Session, and we will go to the Personnel Committee; Mr. Grimm. d. Personnel Christopher Grimm, Chair Rebecca Allman, Vice Chair Mr. Grimm: I will call the Personnel Committee to order. We will go to the 3rd Readings of Resolutions and Ordinances. 8 i. Third Readings of Resolutions and Ordinances A. 2021-112 & Exhibit – Tracked Exhibit – Clarifying and defining personnel benefits and policies for non-collective bargaining employees and providing for immediate enactment. Mr. Grimm: We have Ord. 2021-112. Ord. 2021-112 was read into the record. This is at 3rd Reading and hopefully everybody has had a chance to read over Exhibit A. Any discussion? Do I hear a motion to approve? Mrs. Kilway moved for the adoption of Ord. 2021-112. Seconded Mrs. Allman. Roll Call: Mrs. Kilway, Mrs. Allman, Mr. Bollas, Mr. Donovan, Mr. Grimm – unanimous. Ord. 2021-112 is adopted by a vote of 5-0. ii. Second Readings of Resolutions and Ordinances A. 2021-118 – Tracked – P.H. on 1-13-22 @ 7:03 P.M. – Establishing the number of non-collective bargaining employees by department and position pursuant to R.C. 731.08 and providing for immediate enactment. Mr. Grimm: This is at 2nd Reading and we do have a public hearing scheduled for 1-13-22. Is there any discussion? Hearing none, we will give this a 2nd Reading. COUNCIL MEETING Council Chambers @ 7:00 p.m. December 9, 21 B. 2021-119 – Creating a voluntary Vaccination Incentive Program for City employees and providing for immediate enactment. Mr. Grimm: This ordinance has been Withdrawn by the City Administration. Mayor: I have not Withdrawn it at this point, but . . . Pres. of Council: I believe that the total cost for this program would be right around $100,000 for . . . around $200,000; I would be, after thinking about it, I would like to amend it to remove all of City Council from any benefit of it because I do not think that City Council needs to get paid for vaccinations and set a date as to when everyone should be fully vaccinated and then I would be OK with it. That’s just a discussion that I think maybe we should have. Mr. Grimm: I have people come up to me and tell me how ridiculous they thought this is to be honest with you. When the Mayor is saying we could use this money to put waterlines in and sewer lines in and things like that, I would rather see that money go to a waterline on Broadview Blvd. or Newton Street out there or sewer lines or something versus giving people $1,000 for having good common sense. Mr. Bollas: I have given this a lot of thought since our last meeting, and I also, with all due respect am in favor of Withdrawing and we haven’t seen a lot of the alternative spend that we could put this towards. The second point is that it is December 2021, and I just don’t see this as a motivation, and I don’t think it is a monetary motivation at this point. Mrs. Allman: How much money is in the rescue plan act that we are taking it from? Mayor: $1.8 million. It is not there yet. Dir. of Finance: We will eventually get $1.8 million or just a little over $1.8 million. We have received half of it. Mrs. Allman: So, we are just taking about $100,000 out for the vaccinations, or $200,000 I mean that is not much I don’t feel from $1.8 million. Mr. Donovan: I went over it before, and I think I would like to make a motion to reject. Seconded Mr. Grimm. Mayor: I do care about the employees, and I think this would help the employees. It would help the City more to help determine who is vaccinated and who is not, but I understand Council and I respect your decision. Roll Call: Mrs. Allman – no, Mr. Bollas – yes, Mr. Donovan – yes, Mr. Grimm – yes, Mrs. Kilway – no. 2021-119 is Rejected by a vote of 3-2. Dir. of Law: I am going to look that up, but I believe you have to have a majority to reject an ordinance. The majority would be 4 votes, or it just stays on the agenda. Motions to adopt or reject require a majority of 4 votes . . . Mr. Grimm: So, this will stay before committee. i. First Readings of Resolutions and Ordinances A. 2021-123 & Exhibit – Authorizing the Mayor to enter into an agreement with the Fraternal Order of Police (F.O.P.) consisting of Tallmadge Police Patrol Officers and providing for immediate enactment. Mr. Grimm: We have listened to the Dir. of Administration in our Executive Session and this is a contract that would give the officers a 3-3-3 over a three-year contract with minor modifications to other parts of the contract. Mr. Cooper: do you have anything else that you want to add to this? Dir. of Administration: Nothing at this time. Pres. of Council: I move to adopt. Seconded Mr. Donovan. Roll Call: Mr. Bollas, Mr. Donovan, Mr. Grimm, Mrs. Kilway, Mrs. Allman – unanimous. 2021-123 is adopted by a vote of 5-0. 9  B. 2021-124 & Exhibit – Authorizing the Mayor to enter into an agreement with the Fraternal Order of Police (F.O.P.) consisting of Tallmadge Police Sergeants and Tallmadge Police Lieutenants and providing for immediate enactment. Mr. Grimm: This is very similar to the previous ordinance that we just adopted. It is only for the Sergeants and the Lieutenants though. Mr. Cooper, do you have anything you want to add to this? Dir. of Administration: No thank you. Mr. Grimm: This is also a 3-year contract with the 3-3-3 rate increase. The Mayor has asked for adoption. Pres. of Council: I move to adopt. Seconded Mrs. Allman. Roll Call: Mr. Donovan, Mr. Grimm, Mrs. Kilway, Mrs. Allman, Mr. Bollas – unanimous. 2021-124 is adopted by a vote of 5-0. C. 2021-125 – Memorializing an agreement with the International Association of Firefighters, Local 2764 and providing for immediate enactment. Mr. Grimm: The ordinance was read into the record. We do not have an agreement with them yet, so we will give this a 1st Reading and move on. COUNCIL MEETING Council Chambers @ 7:00 p.m. December 9, 21 D. 2021-126 – Authorizing the Mayor to enter into an agreement with the International Brotherhood of Teamsters, Local 436, and providing for immediate enactment. Mr. Grimm: 2021-126 was read into the record. Again, we don’t have a contract with them so we will give this a 1st Reading. Anything else to come before the Personnel Committee. Hearing none, I close committee. ii. Additional Items: None. e. Community Issues Dennis Loughry, Chair Jonathon Bollas, Vice Chair i. First Readings of Resolutions and Ordinances A. 2021-132 – An emergency ordinance to accept the July 21, 2021, National Opioid Settlement Agreement with manufacturer Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson (collectively, “J&J”) and providing for immediate enactment. Mr. Bollas: I call Community Issues to order. We have 2021-132 before us. The ordinance was read into the record. I would move to adopt at 1st Reading. Seconded Pres. of Council. Mr. Bollas: I know we have just had a discussion on this. Madame Law Director, do you have any comments on this? Dir. of Law: I will just say that I think it is in the best interest of the City to go ahead and joint into this national settlement agreement. Roll Call: Mr. Grimm, Mrs. Kilway, Mrs. Allman, Mr. Bollas, Mr. Donovan – unanimous. 2021-132 has been adopted by a vote of 5-0. Anything else for the committee. I close committee. ii. Additional Items: None. Mayor: I personally would like to publicly thank Councilman Grimm for your service to the City of Tallmadge. We have worked a long time together and I thank you for your service and I know Jonathon will miss you over there. Also, Councilman Donovan for all your help in everything you have done to serve the citizens. I hope I don’t see you soon! I would like to thank all of you. It has been a real pleasure. I have been here a long time and the same with Chris. Mr. Grimm: It has been an honor to be here. It truly has. I enjoyed the year that I was here and I don’t feel bad about losing to be honest with you. I’m actually looking forward to going back to camping 4 days a week and it has been a lot of fun. It really has been. I’m glad I came and stayed but I am kind of happy about going home too though. Mr. Donovan: I just really want to thank everybody. It has been a good ride and if I get to not liking things; I’ll be back. Pres. of Council: I would like to thank both you gentlemen as well. I have learned so much from both of you. Thank you for your service to the City. I really appreciate it and I just want to wish everyone a Happy Holiday Season and we will see you back on December 20th at 6:00 p.m. for the swearing-in ceremony. 13. Adjournment: Mr. Grimm moved to adjourn. Seconded Mr. Donovan. All voted aye and the Council meeting of 12-9-21 adjourned at 9:00 p.m. Adopted: 10 ____________________________ _______________________________ Susan E. Burton, Clerk of Council Carol A. Kilway, President of Council 11