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City Council Regular Meeting

Regular Meeting

Tallmadge, OH · February 24, 2022

AgendaMinutes

Minutes

COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 1. CALL TO ORDER. President of Council Loughry called the Council meeting of Thursday, February 24, 2022, to order at 7:00 p.m. 2. Opening Prayer & Pledge of Allegiance: Prayer: Elder Kurran Bishop, Shepherds for All Nations Church Pledge of Allegiance: Mayor Kline 3. Roll Call: Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak – present. 4. Correcting and Adopting the Previous Meeting Minutes: 1-10-22 Organizational Meeting Minutes Mr. Sisak moved to adopt the 1-10-22 Organizational meeting minutes as submitted. Seconded Mrs. Allman. Roll Call: Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman – unanimous. The Organizational minutes of 1-10-22 are adopted by a vote of 7-0. 2-10-22 Council Meeting Minutes Mr. Sisak moved to adopt the 2-10-22 Council meeting minutes as presented. Seconded Mrs. Allman. Roll Call: Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas – unanimous. The minutes from 2-10-22 are adopted by a vote of 7-0. 5. Financial Reports: None. 6. Public Hearings: None. I would remind Council and those in attendance tonight that we will have a public hearing on 3-10-22 @ 6:01 p.m. at the Community Center. Please register to speak in advance. If you do not register to speak in advance, there will be a sign-in list and we will call people to speak during the public hearing in the order of registration. Another note that will be different from what happened at the Planning & Zoning meeting, actually three brief things. One, we will not read into the record letters or e-mails. Those will be entered into the record, but they do not need to be read in. The second thing is that speaking time in a City Council Public Hearing is 2 minutes as opposed to 5 minutes. That is in our Council Rules and the last thing that will be different is that to speak at a public hearing you must be sworn in. Those are the only changes. Dir. of Law: I just also want to just make sure that everyone is aware that any correspondence that have been received or sent to the City for the Planning and Zoning Commission meeting are being forwarded or have actually been forwarded to the City Council for review as well, so they do not need to be; you don’t need to be resubmitting comments that have been previously submitted to the Planning & Zoning Department. 7. Community Input: Pres. of Council: This would be the time when you would come and speak to anything that is not on the agenda, but I would entertain a motion, if everyone is OK with it, to let these folks speak and we will move that to the first agenda item. Mayor: I would rather . . . can I get the person from the Fire Department sworn in? Pres. of Council: Oh, I’m sorry. So, let’s go to Item 8 because everything is on the agenda and we have a swearing-in today of a new Firefighter, Mr. Rongyos. Mayor: Before I go up there, it is truly an honor and a privilege to be able to swear-in a new Firefighter to full-time position. He was on the part-time crew, but he is being sworn in to move to the full-time firefighter. He is just one of six over the next couple weeks or months. Sometime this year we will be able to get all of them. It is the fun part of the job bringing on new employees and with that I will have John come up to the podium. 1 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 8. Agenda Additions: • Swearing-in of new Firefighter, John Rongyos Mayor Kline swore in John Rongyos. • City Department Presentations: There were no presentations. 9. Reports of Administrative Officers: a. Mayor/Director of Safety: There are a lot of personnel issues. Let’s start off with the Fire Department. As you know, we just swore in one of the full-time firemen and there are 3 more that we just gave a tentative offer to. We also hired 2 part-time firefighters. . Let’s move over to the Police Department. The captain’s test is being scheduled right now. There are 3 applicants that have interest in that and so we will be doing a lot of work on that in the next couple weeks. The full-time Clerk’s position is scheduled for the 19th for that position. That is a Civil Service test. One Patrol Officer we made a tentative offer for a full-time Patrol Officer and that is being accepted. A building update on the Police Department Construction Project is moving along very well. The carpet and the painting of the walls. The Rec Center: the full-time employee that was authorized to combine the job of Maca and the Rec Center Manager type position was tested, and we have that being filled right now. We have an offer on that. We will give you an update on who that person is. Another thing, the State of the City that I will do is March 15th at the Primetimers and March 16th at the Chamber. We will send out information on that. Old Town Hall upgrades: I met with Chris Grimm and Rick Borchert who are on the Tallmadge Historical Society, and they want to continue on the upgrades of the siding. They have 12 more boards on the west side and then on the east side, they wanted to do staggered boards and only so much per year. I said let’s just do this and get it done. I will talk to Council, and I will go to Council for an appropriation, and they are kicking in around $25,000 and our portion for the re-appropriation to help get that project done and repaint the entire Old Town Hall will be right around $45,000. I will sponsor legislation to go forward on that. I know you like to get a little update on the fire station. This is this morning, and I will fast forward and you can see the construction. The roof is going on, the trusses are up on the high bay area. Those are three-part trusses. Two parts are on and down here on the ground is the top gable which will go along the whole top. The closing in on the roof on the business side . . . that roof was started this week and they should finish the decking tomorrow if they can work on the roof because of the ice storm. End of report. Mr. Bollas: How much involvement does the Chair of the Personnel Committee have in the processes of onboarding and testing all of the candidates and applicants. Mayor: So, the only thing that you will have, so on the captain’s test there is a committee that is made up of the Dir. of Administration, the Chair of Personnel of Council and a person from Civil Service. We will organize that meeting forthcoming to interview the applicants. The other onboarding is all done budgetary-wise. The budget was approved to hire and Jill Stitch, in HR is in charge of doing all of the onboarding with Mollie in Finance. Mrs. Gutman: Of the new hires you listed for the Police and Fire; how many, if any of those are additional personnel versus replacing people that have moved on? Mayor: Most of them are part-timers moving up to full-time. There are a few new ones; outsiders that are coming in . . . 2 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 Dir. of Finance: I believe the current one that was just sworn in was our last replacement person. There are 6 getting ready to come through in the Fire Department and those are the new authorized personnel at the Fire Department. The Police are replacements. b. Director of Administration: Good evening, everyone. I have no report this evening, but I am happy to answer any questions. c. Director of Public Service: Just a couple of points. We opened the concrete bids today. We had 7 bidders and at the next meeting I should have an update on who we are awarding the bid to. Also, you received an e-mail stating that we are removing a tree on the Circle. It had excessive damage done. It was cracked down through the limbs and we needed to get that tree removed and hopefully it is done in the next 48 hours. Lastly, we are moving forward with Circle Fest this summer. The date is August 13 th. That’s it for my report unless there are any questions. Mr. Bozic: I noticed at the Circle that there has been a lamppost down on the south side of the Circle. Is that for . . . Dir. of Pub. Service: That was from an accident, and we are waiting on First Energy to put that back up. Now that the snow is gone; I’m sure they will get rolling on it. d. Director of Economic Development: I have no official report this evening. Mayor: Can I add that on the table there is the City of Tallmadge map and that is a census map and what we have been doing is every census you have to balance the wards out. We have come to the conclusion that the wards are fairly balanced. They are within 6% of each other. So, we are probably not going to make a change unless there is something through a State Statute that would require us, but we are working on that, but I think we are good for this census. e. Director of Finance: I have no report. Thank you. Mr. Bozic: Have we conducted any of the ARPA Fund meetings yet? Dir. of Finance: I have not, and I apologize, but I have had some staffing issues that have required me to be a little more attentive to the day-to-day operations of the office, so it is my intention once my staffing issues are resolved that I can make that happen. f. Director of Law: Thank you. I just wanted to let Council know that the State Legislature passed House Bill 51 which does allow for virtual meeting actions through the end of June of 2022. They are similar to the type of requirements that we had during the pandemic or during the height of Covid, but they do allow for people to be counted in attendance if they are attending virtually so I will forward this information to you for your review, but it is something that we may want to contemplate. I don’t know if we would want to change the format of our meeting back to virtual which can at times be very cumbersome. It does offer more possibilities for attendance and things like that. Only through the end of June 30 th. Mr. Loughry: Would we need to amend our rules, or would it just be automatic since it is a State regulation? Dir. of Law: Correct. Since it is through the ORC, that would kind of take priority. We would have to make sure that there was nothing in conflict with the Council Rules, but I believe that when those were last amended it was contemplated the possibility that we would have some virtual options. Mr. Bollas: So, would that then allow for mixed attendance meaning we would be here and there would be one Council person remote versus . . . so it is not all or nothing like it was before? Dir. of Law: Correct. Before when they did pass the emergency legislation that did not provide for that and now it provides for that. 3 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 Pres. of Council: Let’s move into our committees. So, for community input; was there anybody that came in after the start of our meeting that would want to speak to something that is not on the agenda? Are there people that came in after we started the meeting that would want to speak regarding the Planning & Zoning issue that did not sign in. We will put you at the end of the list so you can speak. 10. Reports of Standing Committees of Council of the Whole: a. Planning and Zoning Carol Kilway, Chair Rebecca Allman, Vice Chair The Planning & Zoning Committee deals with land use, zoning, conditional uses, planning, economic and community development, public property. i. Second Readings of Ordinances and Resolutions A. Ord. 2022-29 – P.H. on 3-10-22 @ 6:01 p.m. – Amended – 2-10-22 – Amended 2-24-22 – P&Z Recommends approval 5-0. Amending the zoning map by rezoning the property of Applicant, Pulte Homes of Ohio LLC and owner, Mindale Farms Co. from R-1 Residential District to R-6 Residential Open Space Planned Development District consisting of approximately 124.3 acres and approving the General Development Plan located at 1485 Northeast Avenue, Parcel 6008558. Sponsor: Councilperson Carol Kilway Mrs. Kilway: I will call Planning & Zoning to order. We do have one ordinance in front of us today and that is Ord. 2022-29. The ordinance was read into the record. We do have a public hearing scheduled on March 10th at 6:01 p.m. and that meeting will be at the Community Center and not here in Council Chambers and we do have an amendment in front of us today. Just to let everybody know, this amendment that we are going to be voting on is just accepting the recommendations of Planning & Zoning. It is not voting on the ordinance. We have to accept what Planning & Zoning has given us and then it goes back to 2nd Reading and then it will be at 3rd Reading at our next meeting when we have our public hearing. Saying all of that, we do have a number of people that have come in and signed up to speak and like Mr. Loughry has stated, we are only allowing 2 minutes to speak on this matter and so I am going to go ahead and call up each person off the list and if you want to come up and state your name and address. So, you can go ahead and voice whatever question or concern that you have. So, we are going to start with Vince Putaturo. The following people spoke in opposition of Ord. 2022-29: • Vincent Putaturo, 1935 Northeast Avenue, Tallmadge • Joe Kulig, 817 Locust Drive, Tallmadge • Daniel Victar, 809 Locust Drive, Tallmadge • Mike Victar, 809 Locust Drive, Tallmadge • Cathy Victar, 809 Locust Drive, Tallmadge • Lorraine Kulig, 817 Locust Drive, Tallmadge • Vince Rich, 1156 Shadyside Ln., Tallmadge • Kristy Antrobius, 54 N. Village View Dr., Tallmadge • Linda Putaturo, 1435 Northeast Avenue, Tallmadge • Anna Davis, 1070 Northeast Avenue, Tallmadge • Bob Antrobius, 1145 Northeast Avenue, Tallmadge ii. Additional Items: 4 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 Mrs. Kilway: Last call. OK, so let’s open this up to Council. Are there any comments or considerations? Mrs. Gutman: I am listening intently and emotionally to everyone that is speaking, and I want you all to know that we love Tallmadge, and we care what Tallmadge looks like and what Tallmadge feels like and who lives here. It is . . . this is a situation where I don’t think we are going to satisfy everybody. So, that said, there have been a lot of comments as if we don’t live here. We do and we care, and I know that everyone here has been working hard on this. My concern aside from the development itself because I don’t believe that everyone needs to have a yard, but I am very concerned about the traffic and I think that we need to resolve that and look into that more before we move forward because once we are in the process it is going to be too late to fix it right then and so I would encourage people to look for more answers and if the studies are good; they are good but the pre- existing problems maybe weren’t totally considered because they were looking at the new development and we need to fix those pre-existing problems that we have heard everybody talk about. So that is where I am now. Pres. of Council: Anybody else? Mr. Bozic: A few questions. The first question I have is more or less pertaining to just how we go about posting the public hearings, specifically when it came to the Planning & Zoning public hearing, I know that we utilized the Express or the Beacon perhaps. Can someone from the Administration explain how that happens. Dir. of Law: It goes into the Beacon Journal and it is advertised as a public hearing and then the public hearings are noticed in the Beacon Journal and then everyone within 500’ received a letter with regard to the meeting for Planning & Zoning and then they received a separate letter for the public hearing before Council and those have to go out 14 days; they have to be mailed 14 days prior to the meeting. So, when we had the snowstorm, we then sent out a new public notice that was 14 days in advance indicating the timeframe and that is why we are backed up 2 weeks and had to move the public hearing for Council to the March 10th meeting. Mr. Bozic: The public hearing we just held . . . Dir. of Law: So that was a public meeting. Mr. Bozic: So, when that goes to the P&Z meeting; that would be put into only the Beacon. Dir. of Law: So that, because that is not a public hearing, and it does not go into the Beacon. That is a letter that gets posted and there is a notice that goes out on the agenda for the Planning & Zoning meeting, the website, the bulletin boards, and I think for Planning & Zoning purposes, their rules still require it to be posted at the Rec Center, the Community Center, the library and so all of that was met and if they look at the staff report, you will actually see all of that itemized in your staff report exactly when those notices went out. They are, I believe on the first page, and it will tell you the exact date that all of those notices were made. Mr. Bozic: So, would it be in the best interest to our citizens if we were submitting that information to the local newspaper that every citizen gets? Dir. of Law: So, they get notice of every agenda item and every agenda that gets posted, so they have the agenda e-mailed to them every time it gets posted, and any citizen can sign up for a subscription for every meeting, but those meetings are monthly and are set ahead annually as the first Thursday of the month and then like I said, we had to have a Special Meeting because of the snow storm. 5 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 Mr. Bozic: The only reason that I ask this, and I think maybe we heard one or two comments this evening about they just didn’t know this was going on until they got the letter in the mail. So, I think that that is something that perhaps behind doors, maybe later on, outside of Council, we can find a way to maybe better do that. Mayor: I will say that before there is an application, there are talks that are going on and that is not . . . I mean, people come in here all the time to talk about projects coming up. We don’t invite builders in here. I was personally accused, and I have big shoulders, that I invited Pulte in here to do this. Absolutely 100% false. We don’t invite developers to come to us. They come to us and by law, we have to react and do it and once they make an application, by law we have to go through the process that is set forth. We follow that and we don’t break that law. We make the notifications, and we notify as soon as we have something to notify them of. Mr. Sisak: Do we have any feedback from the City’s engineering department? Dir. of Law: Yes, we received that and that is reported in the staff reports and it was recorded in memorandums, and it was reported by Helene. I’m sure it was part of what was forwarded. Mr. Sisak: I just have some questions and concerns about these lots that extend into the storm water management ponds, specifically like lot 56 through 64 like are they dropping bins in the middle of the storm management pond. You know, obviously they are not, but where I live, we have a couple of these and the people who purchased the property were not under the assumption that that was part of their property and they needed to maintain those storm water detention ponds. So, the HOA in my neighborhood you know, we had a little bit of a tiff with the residents and of course they didn’t own all the way to the back kind of like these ponds. That is a little concerning for me specifically. There are probably two dozen lots that overlap. Dir. of Law: So, if I could just answer that. My understanding is that the intent is to have an easement for the HOA, a permanent easement on those so they would be owned fee simple by those property owners and they would have a permanent easement that would overlay that and then I think many of those at least on the senior side are the maintenance free portions and so the HOA would be the ones to take care of the property anyway. That said, that said, yes that is a good thing to point out. So that is something that is not unheard of, like you mentioned that we do have multiple subdivisions that that was done where part of all of the storm water retention was in someone’s fee simple property. So, it is not unheard of. Mr. Sisak: Yeah, so I guess the point is that it becomes a civil matter at that point. The City signed off on it and I think at that point when I was dealing with the issues, the City really, they had no responsibility in the matter. But yet we are approving these plans and these prints and so I think we do have a responsibility to see it through and not set people up for failure, I guess. Dir. of Law: I concur and just so you know, again, with some of the modifications that may have happened since your development has come in is that those homeowner’s associations do have to run through us, through the City, so we are looking at those things and make sure that they followed through with making sure there are easements on the property for the HOA and the HOA is the one who is taking care of the parcel. That said, again, and this was raised at the meeting; HOA’s have not historically always remained a successful endeavor; right, and so we definitely have a mixed bag of that around town. 6 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 Mrs. Kilway: I would have to expand on your concerns with the storm water retention ponds to the properties that have the wetlands deeded to them. So maybe a portion of their backyard is wet land and Mr. O’Connor had specified that they will put signage up saying that this is wetlands, and you are not allowed to do anything to it. That is fine to say that, but this is these people’s property and I do know of another place in Tallmadge where they have wetlands in their back yard and three or four owners from the original development and they have come in and all of a sudden they are clearing what used to be wetlands so it they are going against what the EPA has said to do and so how do we control that? That is something else that we need to be concerned about. Dir. of Law: Those are issues that again we have . . . this is not unheard of. We definitely have those in subdivisions and like you said, it does raise those concerns. Mrs. Kilway: Were there any other comments? Mrs. Allman: I just wanted to comment on what Adam was saying about informing the residents. I had some residents ask if it would be possible to send something by mail like a postcard or a letter at least to everybody in Ward 2 because a lot of older people aren’t on-line and aren’t seeing it and not everyone gets the newspaper either. Dir. of Law: No, we don’t have that provision in our Code. We are not unusual and to mail to everyone in the ward for everything might be costly and you could have situations where it is on the border of another ward and then where do you draw the line. So, instead the line is drawn at the 500’ radius so that regardless of which ward you are in, you are getting that notification. You could have situations where, in this zoning situation, it is all within the one ward, but there could be other rezoning situations that would cross boundaries. So, I don‘t that is where it is drawn right now. There is a cost to that which you know we would have to contemplate how far . . . you know, where would that line be. We model ourselves after other typical communities. Like this is a normal modeled ordinance. Mr. Bollas: I just wanted to say a few words on this. The residents of Ward 3 are just as concerned as the other wards, and so I just wanted to echo that. I have been kind of reflecting of the processes that we went though just this past year. Looking at our City Motto on the wall over there; “History Moving Forward,” and I had a chance to reflect on this over the past week and don’t know if we have a clear view of what forward is. In looking back on the order of things I think the Comprehensive Plan probably should have been updated prior to the Zoning Code because you had a more forward vision of where we wanted to be and again, I am just reflecting on all of the feedback I received in processing all of this and I just think we have an opportunity to kind of do a reset on some things. Dir. of Law: So, Mr. Bollas, we did do the Comprehensive Plan first. So, we did the Comprehensive Plan and then we rolled into doing the Code and so that was the sequencing and so that did happen. Mr. Bollas: Again, I am reflecting on the fact that it was 2017 and it just seems that at this point we are very reactive. We are not being proactive in the sense of when land becomes available and there is an application, and it goes through the process, but going back to kind of what one of the gentlemen said, what is the end vision for the City? With the livestreaming going into place with the meetings in April, the awareness, I think, will help with the communication as to what everyone is here noting that. That will be another benefit to the City as well. Mayor: If I may, I would encourage you to read the Comprehensive Plan because the Comprehensive Plan speaks specifically of this district, and it talks about maintaining green space and open space as much as you can, so R-6 was generated back in 2011 to do 7 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 Mayor (Cont’d.) just that; to maintain open space. So, you build this allotment traditionally R-1 and it has a maximum requirement of 6 acres of open space. R-6 requires 30 acres minimum; 30%. I am not saying I am in favor of it or against it, I am just telling you that the Comprehensive Plan clearly speaks to maintain the open space as much as we can. I will gladly go over that with you. Mrs. Kilway: I would just like to say to everyone here thank you for coming and your input is greatly appreciated. All of us have been inundated from the information from the Administration, from all of the letters that have been sent; we are receiving all of them. Also, at the meeting there seemed to be a common thread that the City just wants the tax money. Well, I did some research, and these homes are roughly going to be around $450,000 homes and so I went on the Summit County tax maps and picked a home in Tallmadge that had an estimated market value of $457,000. That person’s real estate tax bill is $9,831 a year. Of that $9,831 the City of Tallmadge General Fund receives $294. The City of Tallmadge Police Pension gets $42. The City of Tallmadge Fire and EMS gets $400. So, literally $755 goes into the City of Tallmadge of that $9,831. The City is not going to get rich off of this development. If anything, it is going to cost the City money in order to do the maintenance; the snow plowing and things like that. We have a very hard decision to make, and I thank you very much for coming out and being great citizens and letting us know how you feel. At this point in time, I would entertain a motion to amend. Mr. Loughry: So moved. Seconded Mrs. Gutman. Pres. of Council: OK, so this is an amendment to Ord. 2022-29 according to the 2-22-22 Planning & Zoning recommendations. Roll Call: Mrs. Gutman – yes, Mrs. Kilway – yes, Mr. Loughry – yes, Mr. Sisak – yes, Mrs. Allman – yes, Mr. Bollas – no, Mr. Bozic – no. Ord. 2022-29 is amended by a vote of 5-2. Is there anything else to come before Planning & Zoning at this time. Hearing none, I will close committee. b. Finance Craig Sisak, Chair Jonathon Bollas, Vice Chair The Finance Committee deals with budget, appropriations, and reappropriations, bonds, franchises, investments, and expenditures. i. First Readings of Resolutions and Ordinances A. Ord. 2022-31 – Tracked – Amending 62-2020 and setting tap-in fees for proposed subdivisions of 10 homes or more and providing for immediate enactment. Sponsor: Director of Public Service Michael Rorar Mr. Sisak: I call the Finance Committee to order. We have before us Ord. 2022-31 at 1st Reading. The ordinance was read into the record. Mr. Bozic: I would move to adopt Ord. 2022-31. Seconded Mr. Sisak. Roll Call: Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman – unanimous. Ord. 2022-31 is adopted by a vote of 7-0. B. Ord. 2022-32 – Authorizing the Mayor to enter into a contract for the purchase of snowplows and hitches through the State Purchasing Program and providing for immediate enactment. Sponsor: Director of Public Service Michael Rorar 8 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 Mr. Sisak: Next, we have Ord. 2022-32. The ordinance was read into the record. This is housekeeping and allows us to go through the State Purchasing Program, so can I have a motion? Mrs. Kilway: I would like to make the motion to adopt Ord. 2022-32. Seconded Mr. Bozic. Roll Call: Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway – unanimous. Ord. 2022-32 is adopted by a vote of 7-0. C. Ord. 2022-33 – Authorizing the Mayor to enter into a contract for the lease/purchase of an excavator through the Sourcewell Cooperative Purchasing Program and providing for immediate enactment. Sponsor: Director of Public Service Michael Rorar Mr. Sisak: Ord. 2022-33 was read into the record. Again, this allows us to purchase through this cooperative. Can I get a motion? Mr. Loughry: I move to adopt Ord. 2022-33. Seconded Mr. Bozic. Roll Call: Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry – unanimous. Ord. 2022-33 is adopted by a vote of 7-0. D. Ord. 2022-34 – Authorizing the Mayor to enter into a contract for the lease/purchase of a freightliner truck and snowplow package through the State Purchasing Program and providing for immediate enactment. Sponsor: Director of Public Service Michael Rorar Mr. Sisak: Next is Ord. 2022-34. The ordinance was read into the record. Again, can I have a motion to adopt? Mr. Bozic: I make a motion to adopt. Seconded Mrs. Kilway. Roll Call: Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak – unanimous. Ord. 2022-34 is adopted by a vote of 7-0. E. Ord. 2022-36 – Accepting donations to the City of Tallmadge for 2021 and providing for immediate enactment. Sponsor: Dir. of Finance Mollie Gilbride Mr. Sisak: Next, we have Ord. 2022-36. The ordinance was read into the record. Mr. Bollas: I’m sorry if this was stated earlier, but this ordinance is at 1st Reading; correct? Mr. Sisak: Yes, it is. OK. Can I have a motion? Mrs. Kilway: I move to adopt Ord. 2022-36 at 1st Reading. Seconded Mrs. Allman. Roll Call: Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman – unanimous. Ord. 2022-36 is adopted by a vote of 7-0. F. Ord. 2022-38 – Authorizing a one-time special payment to certain non-collective bargaining employees and providing for immediate enactment. Sponsor: Mayor David G. Kline, Dir. of Finance Gilbride, Dir. of Law Raber Mr. Sisak: We also have Ord. 2022-38. The ordinance was read into the record. Mayor: This is a follow-up from the ordinance that was before Council, and you rejected it, and this is the ordinance that Council had talked about. This is for the non-bargaining employees. We gave all the union contracts a stipend or a sign-on bonus and this is strictly for the non-bargaining and does not include the part-time firefighters. I’m fine with whatever Council wants to do with this, but it is at 1st Reading. Mr. Bozic: Are we funding through our General Fund or through our ARPA Funds? Dir. of Finance: This will all be funded currently through regular funds. There is no appropriation related to it at this time. It will just be funded by the funds that pay those people’s payroll. Mr. Bozic: Do we have an estimated total? 9 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 Dir. of Finance: No, I do not, but I can calculate that and give that to Council prior to 2 nd Reading. Mrs. Kilway: Just to get it out in the public; this does exclude elected officials in the ordinance. I would say give it a 2nd Reading. Mr. Sisak: OK, we will just give this a 1st Reading. Is there anything else to come before the Finance Committee this evening? Mr. Loughry: As the Mayor said, all of our collective bargaining folks, except for the part- time firefighters because their contract wasn’t up, received something through negotiations. Now you have the remainder of the City employees that are non-bargaining and this is like a me too, or a fairness type piece of legislation. That is what will be discussed. Mr. Sisak: I will go ahead and close committee. Thank you. c. Personnel Jonathon Bollas, Chair Adam Bozic, Vice Chair The Personnel Committee deals with personnel, labor relations, insurance claims, Rules of Council and State Statutes. Mr. Bollas: I call the Personnel Committee to order. We have no legislation before us at this time. Does anybody have anything for Personnel either Council or the Administration? I just have one question myself regarding the Compensation Board meetings. Am I expected to make a decision or vote at that meeting? The answer was yes. If I could be provided with any and all of the information. Anything else? Hearing none, I close the Personnel Committee. Thank you. i. Additional Items: None. d. Community Issues Mary Gutman, Chair Carol Kilway, Vice Chair The Community Issues Committee deals with Parks and Recreation, civic affairs, and liaison between Council and the Recreation Board and intergovernmental affairs. i. First Readings of Resolutions and Ordinances. A. Resolution 2022-3 – A resolution expressing support for developmental disabilities awareness for the month of March and providing for immediate enactment. Sponsor: Council and Administration Mrs. Gutman: I call Community Issues to order. We have before us tonight a Resolution 2022-3. The resolution was read into the record. I would encourage you to go to their website and it is summitdd.org and there is a lot of information and several ways you can support developmental disabilities. March 7th is Inclusion Day, and they encourage everyone to wear orange and talk about this. March 3rd through the 7th is Inclusion Day at the Akron Zoo and they are funding that for anyone who goes. Mrs. Kilway: I would move to adopt Res. 2022-3. Seconded Mr. Sisak. Roll Call: Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas – unanimous. Res. 2022-3 is adopted by a vote of 7-0. ii. Additional Items: None. 10 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 Mr. Bollas: I just wanted to point out that my daughter’s Girl Scout troop have cleared 46 fire hydrants and I know that you had brought that up and so I just wanted to say thank you and wanted to give them a shout out because it was really cool to see all the troops out in the City digging out the fire hydrants. Mrs. Gutman: Yes, and they are little girls, and they did a lot of work. So impressive and we are rewarding them with a pizza party. e. Safety Adam Bozic, Chair Craig Sisak, Vice Chair The Safety Committee deals with Disaster services, communications, fire, and para- medics, police, and health Mr. Bozic: I call the Safety Committee to order. We are all present and we currently have no legislation in front us, but I will open it up to anybody who has any input. Hearing none, I will close the committee. i. Additional Items: None. f. Public Service Rebecca Allman, Chair Mary Gutman, Vice Chair The Public Service Committee deals with streets, highways, sidewalks, buildings, and improvements; water, sewer, electricity, gas, energy resources, recycle, waste, and trash. A. Ord. 37-2022 – Exhibit – Tracked-Exhibit – Amending Chapter 981 Erosion and Sediment Control and providing for immediate enactment. Sponsor: Director of Public Service Michael Rorar Mrs. Allman: I call the Public Service Committee to order. We have Ord. 2022-37 at 1st Reading. Ord. 2022-37 was read into the record. Any comments. Dir. of Pub. Service: Yes, so the EPA Permit is due for the storm water and the EPA sent us some amendments that we need to add to that ordinance that we have. It is a housekeeping issue. It is just updating that ordinance to follow with what they are requesting. A lot of it has to do with the sediment pond now. They want a skimmer on it and that wasn’t part of it before. Mrs. Kilway: Is this something that you would request 1st Reading adoption of? Dir. of Pub. Service: We have to have that permit by April 1st, so I think we have enough time to let it go through 3 readings. Dir. of Law: If you take a look at it, there are very few changes. Pres. of Council: Anything that we can clear from the docket that is not really of a financial impact is just a benefit. So, I would move to adopt Ord. 2022-37. Seconded Mr. Bozic. Roll Call: Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic – unanimous. Ord. 2022-37 is adopted by a vote of 7-0. i. Additional Items: None. 11. Reports of Special Committees: a. Council Operations Committee: Pres. of Council: Just for everybody’s information, Mr. Bollas and I will be meeting with Mayor Adamson of New Franklin tomorrow morning. They have been live streaming for years ever since Jonathon was a little boy and his dad was Mayor and so we are going to learn as much as we can about the dos and don’ts and pitfalls so when we go live on April 14th we just want to be as prepared as we can be. So that is that. We have had 11 COUNCIL MEETING Council Chambers @ 7:00 p.m. February 24, 22 Pres. of Council (Cont’d.) some internal discussions regarding an MOU I guess regarding doing something with Dove Audio. Then we also have some carry-over left that Mrs. Gilbride said we could use I believe to get us through the first couple months of this. So, that is all I have on that. Jonathon, do you have anything? Mr. Bollas: Thank you. I had presented the recommendation for the remaining balance of the purchase order for Council Operations this year and sent over the service agreement and the service agreement was specific for incorporating Dove’s service fees from May onward and this way it would take advantage of our 3 free meetings in our current agreement and so March 24th would be a free service where we would have one more practice test of our live video stream and then in April we would be ready for go live and then still be able to incorporate 2 meetings for free under the existing agreement for April. So, this new service agreement would kick in in May and it is essentially $600 a month and totaling that up we still had a remaining balance of $3,500 and Justin did mention looking at a table that there were some equipment modifications or whatnot and so there was a healthy budget left for any of that. Then we can look into a long-term solution in terms of staffing and so we are reaching out. Lastly, I just want to mention that in the retention schedule as noted by the RC-2, the video retention schedule right now is one (1) year and the retention schedule for audio is six (6) years. So, it was noted to check the General Administration and IT schedules and I didn’t see a follow-up on that, so is that satisfactory? We are OK with the retention as it lies? Dir. of Law: I wanted to talk to you about that. I sent an e-mail to you saying that we have an opportunity to talk. i. Additional Items: None. 12. Announcements: None. 13. Adjournment: Mr. Sisak moved to adjourn. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Gutman, Mr. Bollas, Mr. Bozic, Mrs. Allman – unanimous. The Council meeting of 2-24-22 adjourned at 8:53 p.m. sb Adopted: ____________________________ _________________________________ Susan E. Burton, Clerk of Council Dennis K. Loughry, President of Council 12

Agenda

Council Meeting Agenda THURSDAY, February 24, 2022 IN COUNCIL CHAMBERS 7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH MEETING PROCEDURES Public input is invited at the beginning of the meeting to discuss an item not on the agenda. If an item is on the agenda or set for public hearing, public input is invited at the appropriate time on the agenda as recognized by Clerk or Committee Chair. Please wait until you are recognized, 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. Anyone wishing to address Council is encouraged to register with the Clerk of Council or through the online form by 3 p.m. on the day of the meeting. Written comments may be submitted to Council and should be received by 3 pm on the day of the meeting. All comments will be provided to the Council members before the meeting if received by the deadline. Written comments and participation registration may be submitted via: 1. City’s Website (https://tallmadge-ohio.org/meetingregistration) 2. Email (council@tallmadge-ohio.org) 3. Mail (46 North Avenue, Tallmadge, OH 44278) 1. Call to Order: 2. Opening Prayer & Pledge of Allegiance: Prayer: Elder Kurran Bishop, Shepherds for All Nations Church Pledge of Allegiance: 3. Roll Call: 4. Correcting and Adopting the Previous Meeting Minutes: 1-10-22 Organizational Meeting Minutes 2-10-22 Council Meeting Minutes 5. Financial Reports: 6. Public Hearings: 7. Community Input: 8. Agenda Additions: • Swearing-in of new Firefighter, John Rongyos • City Department Presentations 9. Reports of Administrative Officers: a. Mayor/Director of Safety b. Director of Administration c. Director of Public Service d. Director of Economic Development e. Director of Finance f. Director of Law 10. Reports of Standing Committees of Council of the Whole: a. Planning and Zoning Carol Kilway, Chair Rebecca Allman, Vice Chair The Planning & Zoning Committee deals with land use, zoning, conditional uses, planning, economic and community development, public property. i. Second Readings of Ordinances and Resolutions A. Ord. 2022-29 – P.H. on 3-10-22 @ 6:01 p.m. – Amended – 2-10-22 – Amended 2-24-22 – P&Z Recommends approval 5-0. Amending the zoning map by rezoning the property of Applicant, Pulte Homes of Ohio LLC and owner, Mindale Farms Co. from R-1 Residential District to R-6 Residential Open Space Planned Development District consisting of approximately 124.3 acres and approving the General Develop- ment Plan located at 1485 Northeast Avenue, Parcel 6008558. Sponsor: Councilperson Carol Kilway ii. Additional Items: THURSDAY, February 24, 2022 IN COUNCIL CHAMBERS 7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH Page 2 b. Finance Craig Sisak, Chair Jonathon Bollas, Vice Chair The Finance Committee deals with budget, appropriations, and reappropriations, bonds, franchises, investments, and expenditures. i. Second Readings of Resolutions and Ordinances A. Ord. 2022-31 – Tracked – Amending 62-2020 and setting tap-in fees for proposed subdivisions of 10 homes or more and providing for immediate enactment. Sponsor: Director of Public Service Michael Rorar B. Ord. 2022-32 – Authorizing the Mayor to enter into a contract for the purchase of snowplows and hitches through the State Purchasing Program and providing for immediate enactment. Sponsor: Director of Public Service Michael Rorar C. Ord. 2022-33 – Authorizing the Mayor to enter into a contract for the lease/purchase of an excavator through the Sourcewell Cooperative Purchasing Program and providing for immediate enactment. Sponsor: Director of Public Service Michael Rorar D. Ord. 2022-34 – Authorizing the Mayor to enter int a contract for the lease/purchase of a freightliner truck and snowplow package through the State Purchasing Program and providing for immediate enactment. Sponsor: Director of Public Service Michael Rorar E. Ord. 2022-36 – Accepting donations to the City of Tallmadge for 2021 and providing for immediate enactment. Sponsor: Dir. of Finance Mollie Gilbride F. Ord. 2022-38 – Authorizing a one-time special payment to certain non-collective bargaining employees and providing for immediate enactment. Sponsor: Mayor David G. Kline, Dir. of Finance Gilbride, Dir. of Law Raber c. Personnel Jonathon Bollas, Chair Adam Bozic, Vice Chair The Personnel Committee deals with personnel, labor relations, insurance claims, Rules of Council and State Statutes. i. Additional Items d. Community Issues Mary Gutman, Chair Carol Kilway, Vice Chair The Community Issues Committee deals with Parks and Recreation, civic affairs, and liaison between Council and the Recreation Board and intergovernmental affairs. i. First Readings of Resolutions and Ordinances. A. Resolution 2022-3 – A resolution expressing support for developmental disabilities awareness for the month of March and providing for immediate enactment. Sponsor: Council and Administration ii. Additional Items: e. Safety Adam Bozic, Chair Craig Sisak, Vice Chair The Safety Committee deals with Disaster services, communications, fire, and para- medics, police, and health i. Additional Items: THURSDAY, February 24, 2022 IN COUNCIL CHAMBERS 7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH Page 3 f. Public Service Rebecca Allman, Chair Mary Gutman, Vice Chair The Public Service Committee deals with streets, highways, sidewalks, buildings, and improvements; water, sewer, electricity, gas, energy resources, recycle, waste, and trash. A. Ord. 37-2022 – Exhibit – Tracked-Exhibit – Amending Chapter 981 Erosion and Sediment Control and providing for immediate enactment. Sponsor: Director of Public Service Michael Rorar i. Additional Items: 11. Reports of Special Committees: a. Council Operations Committee i. Additional Items: 12. Announcements: 13. Adjournment: sb

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