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City Council Regular Meeting

Regular Meeting

Tallmadge, OH · November 10, 2022

AgendaMinutes

Minutes

COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 1. CALL TO ORDER. President of Council Loughry called the Council meeting of Thursday, November 10, 2022, to order at 7:00 p.m. 2. Opening Prayer & Pledge of Allegiance: Prayer: Pastor Chuck Erbe, First Church of God, Tallmadge. Pledge of Allegiance: Justin Smith, 5th Grade Student at Cornerstone Community School. 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: 10-26-22 Council Meeting Minutes Mr. Sisak moved to approve the 10-26-22 Council meeting minutes. Seconded Mrs. Kilway. Roll Call: Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman – unanimous. The 10-26-22 Council meeting minutes were adopted by a vote of 7-0. 5. Financial Reports: • Fire & EMS Fund Transfer in the amount of $200,000, Street Maintenance & Repair in the amount of $350,000, Bond Retirement in the amount of $73,640, Police Pension in the amount of $50,000 and Fire Station Construction Fund in the amount of $200,000 to Council on 10-28-22. • Appropriation Report, Fund Report and Revenue Report for the period ending 10- 31-22 to Council on 11-4-22. • October Financial Reports to Council on 11-4-22. • Tallmadge Recreation Center Profit and Loss Report for the period ending 10-31- 22 to Council on 11-4-22. • Income Tax Comparisons for the period ending 10-31-22 to Council on 11-4-22. • Consolidated Investment Portfolio for the period ending 10-31-22 to Council on 11-4-22. • Income Tax by Source Report for the month of October to Council on 11-4-22. • Revenue Comparisons for Major Funds for the period ending 10-31-22 to Council on 11-4-22. Mr. Sisak moved for the approval of the Financial Reports. Seconded Mrs. Kilway. Roll Call: Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas – unanimous. The Financial Reports submitted by Dir. of Finance Gilbride were approved by a vote of 7-0. 6. Public Hearings: None. 7. Community Input: This is the time in our meeting where if anyone in the audience that would like to speak to City Council about something that is not on the agenda later this evening, now is the time to do that. If you would like to speak to something that is on the agenda, we would ask that you please wait until that item is being discussed. Is there anyone who would like to speak this evening. Seeing none, we will move on with our agenda. 8. Agenda Additions: • City Department Presentation: o Recreation Department, Jessica Simons, Parks & Rec Superintendent Jessica Simons, Parks & Rec Superintendent, City of Tallmadge. Good evening, everybody. Thank you for having me here tonight to tell you a little bit about our Parks & Rec Department. • Department mission is to enhance the community and enrich lives with quality parks, programs and facilities. o Physical Activity o Social Interaction o Kids and Community Development • Parks and Rec Department impact on Community and Economic Development Jessica: At the end of the day, parks make life better and that is what we are proud of the most. Pres. of Council: Any questions for Jessica? 1 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Mrs. Kilway: I don’t have any questions; I just want to thank you for what you do for the City and the Parks and Recreation Department. You do a great job and I really appreciate it. 9. Reports of Administrative Officers: a. Mayor/Director of Economic Development: Thank you very much. • Tomorrow is Veteran’s Day. Thanked all Veterans. • Economic Development – On Crystal Parkway there are 25 acres of land. It might be on Planning & Zoning next month. A business is coming in to take the entire 25 acres to develop that. • The JEDD is doing very well. • We still don’t have a firm date for Aldi’s to open up. • The Joint Dispatch Center right up here on North Avenue. They are really working on that. The goal is to have the construction turned over by June so they can start building out the electronics inside there and setting up all the stations. • The new fire station. We still have no doors. The 6 doors; we are talking now with the Law Department and legal people about the doors coming from North Carolina. We are working on that and hopefully we can get things resolved fairly quickly. The sidewalk along Munroe as soon as they can get concrete that is ready to go to fill in. It will not be tomorrow due to the weather. The approach coming out on Treat by the fire station that also needs concrete. • The asphalt on the back of the building if it wasn’t for the rain tomorrow, they would start prepping that, but it will probably be Monday or Tuesday and so that back half of the parking lot should be all completed by Wednesday, or Thursday of next week. The landscaping trees have all . . . they are going in. • The living quarters are done. There are just a few things that have to go on in there. • The Fire Department has moved some of the furniture in some of the bedrooms and so as soon as we can generator up and running; the backup to the backup generator is on order and that is a rental. So, on the Fire Station, you have to have a backup generator and then you have to have a backup to the backup generator for all of the life safety stuff like the fire alarm system. Mr. Bozic: I am driving around town and I see a lot of people putting in driveways and that is concrete. I guess, are we using a special kind of concrete that is harder to come by? Mayor: Under the contract, it is Cleveland Cement, and they get their concrete from Mack and Mack is a local big company. I offered to go down because we have two places in Tallmadge that can produce that concrete. End of report. b. Director of Public Safety: Just a brief report. I am kind of excited to announce that we completed two rounds of interviews with three firefighter candidates yesterday and today. We are really blessed with 3 outstanding candidates, and it was really good for not only the technical panel, which was yesterday, but the stakeholder panel today for them to get some insight into the type of quality individuals we have that serve on the Fire Department. So, the rest of the story is that there is one more set of interviews on Monday I believe and then the selection will take place absolutely before Thanksgiving and perhaps even by next week. So, thank you. End of report. Mr. Bozic: Dr. Cooper, can we get an update on that incident that happened on the Circle the other night. Mayor: I think Mr. Rorar has that in his Power Point. Pres. of Council: I would just echo that I was lucky to be on the panel today and so I would concur with everything Dr. Cooper said but what was interesting to me was how broad of a background each panelist had and when you would hear a comment from their 2 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Pres. of Council (Cont’d.) perspective often times it was something that you would have never thought of. So, I thought it was very good and all encompassing. So that is just my take on it. c. Director of Public Service: Good evening. For the month of October. • Veteran’s Day Ceremony – As the Mayor mentioned is tomorrow at 10:00 a.m. over at the Circle Park. The speaker this year is Alvin Smith, and he is the CEO of Truth and Honor and that is a program that offers housing to Veterans as well as programs for substance abuse and PTSD. • Accident on the Circle – There was an accident where the driver hit the semi. The picture on the left you can see the damage done to the fuel tank. It was amazing how well the vehicle held together. It was a pickup truck and I believe minor injuries to the driver. She came out of the Taco Bell parking lot is what I heard. That semi was not turning. That is how hard she impacted that truck. She jackknifed that truck. So, obviously a high rate of speed and so I am waiting for the police report to come out on that. Over 25 gallons of diesel spill was on the ground. The EPA was called. That is one of the guidelines if there are more than 25 gallons you have to call the EPA. A great response from the first responders which was Fire. The picture to the right there is some green stuff on the ground there; that is sod from those guys making dams and dikes to stop that oil from getting into the storm sewer. The Street Department came out and put some sand down and thanks to the Police Department who controlled the Circle. All of the departments did a nice job of coordinating. We have a protocol for that and that is the flow chart that you have to follow, and it was actually followed quite well. • I believe the question was asked if we needed to call Civic Ready because of the Circle being closed and I think the decision was made not to because the Circle wasn’t closed all the way. Only two spokes. • Leaf Season – We actually finished Section No. 2 today. So right now, as of this morning, we have removed 7,000 cubic yards of leaves which is pretty impressive when you think in total, we do about 14,000 to 16,000 cubic yards and we still have another round to go, so we have a lot of leaves. The guys are doing a great job. So, on the extra day or two days a week we will jump to the back sections so we will try to focus on Section 4 tomorrow. • These are the snowplow routes. You can see what the City’s objective is to maintain the roadways safely while striving towards passable roadways. We are not going to have running wet roads all the time. You can see the primary routes in blue; those are the mains and those are based on many things. Secondary routes are roads that are punched through the allotments to try to give the residents a way to get to the mains and then the allotment routes which are mostly cul-de- sac or dead ends or roads that are not travelled all that well. Those are the last. The thing that everybody needs to remember is that depending on the snow event; we may not ever get off the mains in 8 hours. We may never get to the secondary roads; it just depends. Remember what spot salting is. We talked about that. During the actual snow event, we are only throwing salt on intersections, curbs and grades because I am not wasting salt by plowing it back off in another hour. End of report. Mrs. Kilway: (Inaudible – microphone not turned on) Dir. of Pub. Service: We threw extra quick dry on that even today. There was concern . . . someone put across social media that it was still slick, so we went out there again today and threw it out there again. We didn’t see it, but that doesn’t say we didn’t miss spots. That stain is going to be there. 3 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Pres. of Council: So, I met a resident, well I have known him for some time, and he is retired right now but he was an Operations Manager for UPS. He watched our guys do the leaves the other day in front of his house and he couldn’t believe . . . he can be a sarcastic person, but he just couldn’t believe how efficient and smart a government entity was. He was really impressed of how efficient this process is that you and your guys came up with. Dir. of Pub. Service: Thank you. They do a great job, and they are very efficient, and they are probably taking out 1,000 cubic yards a day right now. d. Director of Finance: Good evening. Everyone should have received the monthly financial reports. Just want to remind you there is some information there that we are monitoring a couple different budgets closely due to some unexpected emergencies in the Street Department then of course we all know we had the increase in the sewer rates in Akron and Summit County and so I am monitoring those closely, but I think we are probably going to make it, but I just wanted to point that out. I also pointed out that for the salaries, I think most departments are going to be fine. We have had a couple of insurance adjustments in some smaller departments that they might not be able to handle and they might require a re-appropriation, but again I am monitoring them closely and anything I need to request of Council I will let you know in my December report and then you will see that legislation at the December meeting. End of my report. Mr. Bozic: You had mentioned the storm water rates. Water rates for our businesses. I have heard it through somebody who heard it through somebody and so I don’t know the accuracy of this, but that there is a minimum rate that we charge our businesses for their water and sewer. Dir. of Finance: So, there is a minimum bill for everyone. All of our rates start at a minimum bill. I would have to identify what that business is and what rate structure they are under to determine what that minimum water usage would be. Our residential customers: it is 500 cubic feet for water which most people exceed that, but to determine what that minimum usage was, I would have to look up that specific business so if you would want to give me that information. Mr. Bozic: I guess my question is more of are there different categories like you know for a business that only uses less than 500, here is what their minimum is and if they use over 500, here is what their rate is. Dir. of Finance: It is based on their business classification. It is also based on the size of the water meter that feeds their business so it is a two-component thing and so that is why I can’t speak to exactly what that is. e. Director of Law: Thank you. Just wanted to report that last week I did a training that was very well received with regards to Records Retention and so we have all been encouraged to take the Sunshine Law Training which talks about what a public record is and the Open Meetings Act, but there is always a piece that they really don’t focus in on that standardized training which is the retention part. So, now we know you have records; what do you do with them; how do you keep them and so our custodian of records and the supervisors attended that training and I think there was a lot of great discussion, and it was well received. I also wanted to give an update on Midway Plaza. Just as a reminder, litigation was initiated by the City and the County last year to enforce partial condemnation orders. The case is still pending so I am not at liberty to discuss that, but I did just want to report that the property has transferred ownership and we are actively communicating with the new owner who does seem receptive to cooperating. Lastly, I wanted to ask for 1st Reading adoption of Ord. 2022-83 tonight. End of report. 4 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 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, and public property. Mrs. Kilway: I would like to open Planning & Zoning this evening. We have nothing in front of us this evening. Is there anything that Council has? Anything from the Administration? Mr. Bozic: I know there was a Planning & Zoning meeting scheduled for last Thursday and it was put out there that it was cancelled. I know I had a lot of questions. Mrs. Kilway: From my understanding it was not like a design proposal. Mr. Bozic: It was a concept meeting. Mayor: So, the applicant withdrew his informal discussion to Planning & Zoning. The new thing with Planning & Zoning now with the new regs and rules that we have; an applicant can come in and at least talk concepts before they spend a lot of money on the actual plans. In this case, that is what was done. There was nothing really submitted to City Hall or the Zoning Department except a request to talk to them about the development on East Avenue. The applicant withdrew and has not been back since. Mr. Bozic: My question would be since it is so informal, I guess there is not anything that the City has received as far as like a hard and fast application? So, at that point they could reapply without that concept meeting; correct? Mayor: They could apply any time. Mrs. Kilway: Is there anything else for Planning & Zoning? Hearing nothing, I will close committee. i. Additional Items: None. 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 Ordinances and Resolutions A. Ord. 2022-78 – Exhibit – Amended Exhibit – Public Hearing on 12-8-22 @ 7:01 p.m. Adopting a budget for various funds of the City of Tallmadge, Ohio, for current expenses and other expenditures during fiscal year ending December 31, 2023, appropriating the necessary funds for the Administration thereof, authorizing transfers between funds, and providing for immediate enactment. Sponsor: Mayor Kline Mr. Sisak: I call Finance to order. We currently have 2nd Reading of Ord. 2022-78. Our public hearing on this is 12-8-22 @ 7:01 p.m. The ordinance was read into the record. Does anyone have anything they would like to discuss? Pres. of Council: I have a question since we amended that at our last meeting; do we have to officially amend it today to keep it at 2nd Reading or do we need not to do anything? Dir. of Law: You amended that from the floor, and this is just reflecting the amendment so the amendment should be from the last meeting. Mr. Bozic: Question relating to at our 3rd Reading, if there are questions about anything that is in the budget that we would like to see included or omitted, obviously that is our last opportunity to do so. Do we have anything on our minds that we need to vet out now before we get to 3rd Reading? 5 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Mr. Sisak: If there would be changes at our next meeting then we would have to have a special meeting to get those changes approved by December 31st. Pres. of Council: Could you make an amendment at that next meeting and also adopt it that night? Dir. of Law: Yes, pursuant to Council Rules, this is not one that needs to have three readings prior to adoption, nor does it technically have to have a public hearing. We have historically always done it that way because of the importance of the budget. Mr. Sisak: At the last meeting I did ask for some numbers and the Chief did get me those and my rough estimate was around $35,000 and that was for ballistic shields, new service weapons and then pepper ball guns. So, I will make a motion. Seconded Mr. Bozic. Dir. of Finance: Could you clarify where you would like to spend that money out of? There are two different areas that the Police has funds spent out of and that would either be the General Fund or the Safety Income Tax Fund. Mr. Sisak: So, it was under the Police Equipment that I was kind of questioning so that would be under Safety Income Tax Funds. Mayor: Thank you. We will take the money, but the Chief, during the budget process, never once asked for shields. Never once. I had Jill go back to the records and also the service weapons; we have had about 6 iterations of the budget and the very first one he requested not to put them back in. I will gladly take them, but I am just telling you and I did listen to the last Council meeting and we allow the Department Heads to choose what they want and to prioritize them and the shields were never requested, so it was you when you brought it up or someone brought it up. I’m not a mind reader for him to do that so the Chief didn’t ask for that. We will take them; they can use them. I’m happy to do that. I just wanted to put that on the record that we worked very hard putting the budget together at the request of all the Department Heads and you don’t take it out unless they say to take it out. In that case we did. Pres. of Council: OK. Does anyone else have any questions or discussion? Mrs. Gutman: I just want to say that I appreciate Mayor Kline’s comments on that and also the Chief’s being physically responsible and managing these priorities, but given where we are with having a really healthy budget right now and that is a small amount of money that provides a lot of safety in high risk situations both for the police and then we also have the pepper ball guns that are safer for the people on the other side of that weapon as well. I think it makes a lot of sense to do this. So, thank you for bringing that up. Mr. Sisak: Madam Clerk, can you please call the roll. Roll Call: Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic – unanimous. We have added $35,000 to the specified fund and that was approved by a vote of 7-0. That will amend our ordinance again and then we should be, barring any further changes to Mr. Bozic’s point, and public input at the 12-8-22 meeting, it should be pretty close to being ready to be approved. Anything else for this ordinance this evening? Hearing none, moving on. B. Ord. 2022-80 – Amended – Authorizing the Mayor to enter into a contract without competitive bidding and through the State Purchasing Program, or as authorized by R.C. 125.04 (C), with MNJ Technologies for the purchase of computer equipment, software licenses, and related equipment appropriating additional necessary funds and providing for immediate enactment. Sponsor: Mayor Kline Mr. Sisak: Next we have Ord. 2022-80. The ordinance was read into the record. Mayor: To give you an update why we had to amend this. Back in 2020 . . . 6 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Dir. of Law: Point of order; that is not written correctly, and it is also appropriating the necessary funds and providing for immediate enactment and so the ordinance itself needs that as well so there is an additional appropriation and so I just wanted to make sure that it was read into the record to include that. Mayor: So, back in 2021 when Justin was putting his budget together for 2022, he needed to replace all the servers for the City of Tallmadge. The price and the quote that he had was now updated to reflect the new price and it went up about 30% which is roughly $29,000 for the exact same equipment that he got a quote for a year ago and that is why we had to ask for a re-appropriation to get these servers upgraded for next year. It will take a long time to order that and so he has $200,000 in the current budget, but we still need to add a little bit more. Pres. of Council: So, did Justin have the ability to get quotes from any other vendors or did they kind of hand cuff us and we had to work with them. Mayor: No, it is through State Purchasing. Pres. of Council: So, the State increased the price; that is still the best route? This was still the best route? Mayor: Yes. Pres. of Council: OK. Mr. Bozic: So, just so I understand correctly, this is in the budget for this year . . . Mayor: $200,000. Mr. Bozic: But we are short the $29,000. Mayor: Correct. Mr. Bozic: What is encompassed in that? Mayor: It is all of the boxes. Dir. of Pub. Safety: Critical infrastructure for IT which includes the servers, so it is the main box where all of our files are kept and the process that goes on. Mayor: So, we are just asking for an amendment and give it a 2nd Reading. Mrs. Kilway: I move to amend Ord. 2022-80 to acknowledge adding the appropriation as well. Seconded Mr. Loughry. Roll Call: Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman – unanimous. Ord. 2022-80 is amended by a vote of 7-0. Mr. Sisak: Is there anything else to come before the Finance Committee this evening? Hearing none, I will go ahead and close committee. ii. Additional Items: None. 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. Second Readings of Ordinances and Resolutions A. Ord. 2022-79 – Tracked – Public Hearing on 12-8-22 @ 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. Sponsor: Mayor Kline Mr. Bollas: I call the Personnel Committee to order. We have Ord. 2022-79 at 2nd Reading. The ordinance was read into the record. A public hearing is set for 12-8-22 @ 7:03 p.m. 7 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Dir. of Law: You can read the ordinance into the record and then ask if there are any discussion in relation to that ordinance. Pat Fairhurst, FOP Lodge 111 Lodge President, 53 Northeast Avenue, Tallmadge. I sent a letter to you guys just like right before the meeting. I just wanted to clarify the union’s position. A lot of the guys are here; some of them are busy. We just wanted to clarify the union’s position on whether or not the City creates a second Captain’s spot as opposed to promoting and filling the Lieutenant’s spot. Everybody in the lodge agrees that we need a Chief, a Services Commander, and Operations Commander. We need a third administrator to help the Chief do what needs to be done over at the department. We need structure, we want to have that leadership in position. We have some guys who are very good at doing that and are able to fill those spots. We were talking with the City about; what is the plan moving forward as far as Lieutenant, as far as Captain and so on and so forth and we were told that it is likely not going to be doable to promote a Lieutenant because of the wages and some issues with what the Chief makes and what the Captain makes and stuff like that and it was brough up that hey, how about a second Captain rather than a Lieutenant as well as a 27 th Officer and while we don’t think it is ideal, we . . . you know we are not super pumped about that idea. We do know that the structure in the command is important and that is what we want. So, while we would rather see a Lieutenant, we are willing to agree to go hey look, a Captain, if it is going to make the department work and make the department function which is what we want more than anything, we are willing to go with that. Again, like I said, we would rather have a Lieutenant because it helps build like a ladder moving up for guys even like myself, who potentially could move up later on down the road as a rung in the ladder from Sergeant to Lieutenant to Captain and so on and so forth. It keeps that . . . the Lieutenant keeps that rung in that ladder, but the most important thing is we want leadership and command, and we want guys in position to do what needs to be done. We would rather have a Lieutenant, but we are willing to go with the Captain if that is what is going to happen. Ultimately it is up to you all to make that decision. We just wanted to make sure our position was clear where we stand on that. That’s all I have. Thank you. Mr. Bollas: As part of the Personnel Committee; does anybody have any comments or question on that? Mr. Sisak: This is the first time I heard about an additional 27th officer. I think I asked . . . Mayor: There was always one there; there was going to be one new additional person to the Police Department and that was in the budget. Mr. Sisak: It’s in the budget. Mayor: By adding a Captain means they now . . . someone is going to move up. Someone from the department is going to be the Captain so that opens up another spot which now we have to go out and do the hiring of a Patrol Officer to move them in. So, there is an additional body for next year. Mr. Sisak: OK. It is additional by way of the Captain promotion; it is not an addition to this total sum? Mayor: Yes. Pres. of Council: One addition. Mr. Sisak: Is it a backfill or is it an actual new position? Mayor: The Captain’s position does not exist so now you are going to create a Captain’s position which is now a new position and now it is a net gain of one. Mr. Sisak: It’s a net gain through . . . I got you. Mr. Bozic: I wouldn’t necessarily classify that as a new officer because it is not new. You are simply backfilling. You would be backfilling that position regardless of whether it was a Captain or a Lieutenant because there is going to be a vacancy either way. 8 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Mayor: It is a net gain of one new person on the Tallmadge Police Department. Mr. Bozic: As it currently stands there are how many total? Dir. of Pub. Safety: So currently we have 20 Patrol Officers, 1 Captain, 5 Sergeants and a Chief. In the 2023 budget we have budget 21 Patrol Officers, 2 Captains, and 5 Sergeants. Currently we have 21 Patrol Officers, 1 Captain, 5 Sergeants and a Chief. What we will have in 2023 and is included in the budget is 21 Patrol Officers, 2 Captains, 5 Sergeants and a Chief. Mr. Bozic: So, to my point though, that is not a new officer. That is a backfill of the current . . . only because you are taking one individual and putting them up to a leadership level. Dir. of Pub. Safety: It is a net gain of one Patrol Officer. Mr. Bozic: It’s a gain of one administrator not an officer. Dir. of Pub. Safety: It is still going to be a gain of one new hire in the department. Mayor: It is still a Police Officer carrying a weapon. Mr. Bozic: I understand that. Mayor: I don’t know. Mr. Bozic: So, I question on how we are wording that as saying that that is a new position; it’s not technically a new position; you are simply backfilling. Pres. of Council: The Captain’s position is new. Mr. Bozic: The Captain’s position. It’s not a new Patrol Officer. Pres. of Council: No, but when someone gets promoted that creates an opening and they hire a new person to fill that spot. Mr. Bozic: A new Patrol Officer would be 22. That would be a new Patrol Officer. There was further discussion regarding this issue. Mr. Sisak: The Compensation Study; will that address the Police Department, Fire Department, Service Department and our unions? Mayor: Just non-bargaining. Dir. of Pub. Safety: That is a good point that we hadn’t mentioned, but we do have a compensation study underway that will address non-bargaining positions. Mr. Sisak: I heard yes over here to my questions and now it is just non-bargaining? Mayor: It has always been non-bargaining. Dir. of Finance: It is all non-bargaining, but that does encompass the Chief and the Captain. Mr. Sisak: I understand but then I went on to say unions and so it will be the non- bargaining people that will be addressed in the compensation. OK. Good. Mr. Bozic: By the time we review the comp study, make a recommendation, make changes to the pay; we are talking 2024 basically by the time those recommendations and/or changes would be instituted; correct? Mr. Bollas: At the last meeting the target for the comp study that was ideally at the end of calendar year. Dir. of Pub. Safety: The recommendation. Mr. Bollas: And then from there it was stated that it was not budgeted for until such time that the comp study could be evaluated and implemented; is that correct? Dir. of Finance: That is correct. Mr. Bollas: Then again, that is non-bargaining. Mr. Bozic: So, the non-bargaining; we are going to get this comp study at the end of this year, and we won’t get it in time to probably make any changes to the budget for 2023’s budget; correct? Mayor: The goal of the administration purposely did not put any increase in salaries relative to the comp study until we see it. Once that comes back then the administration will evaluate how do we implement it? Is it in stages; is it . . . I don’t know what the study is going to say, it might say we are status quo, and we are good to go. I don’t think anybody 9 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Mayor (Cont’d.) in this room believes that, but with that being said, there is no reason that it cannot be started to be in the 2023 budget as long as we have the money, and it is still in the budget. Dir. of Law: So, once we get the study results it would have to be reviewed and the plan would have to be formulated and then an ordinance can be adopted that could provide for a re-appropriation in whatever increments is decided to ultimately be the plan for implementation. So, whether it is staged or all at once, or maybe there are no recommendations, so that would be the method or being able to address it in the calendar year of 2023. There was additional discussion. Mr. Bollas: Is there anyone else to comment on the Personnel Committee? Pres. of Council: I would say regarding this personnel ordinance that I did have a conversation with Chief Williams, and he was clear that this 2 Captain structure and the way that duties are split within that department is his idea and the way that he wants to run that department. It was not administration led. He told me this is the way that he wants to run the department and the union has said that they would maybe prefer something else, but they also accept this so I think that it is a good thing anytime we can get the union and leadership working together to go in the same direction. That’s just how I view this. Mr. Bollas: So, since this is at 2nd Reading and there is a public hearing set for 12-8-22; I would recommend to give it a 2nd Reading. Would anyone else like to comment? Mr. Bozic: I understand what the Police Chief came up with but if you look at the outlying turn of events as to how that situation came up, it came up because of the proposal by the administration that was not acceptable in their eyes. So, the other thing that I would like to remind you of is the Chief is looking at being very overburdened for pretty much like 2 years and being bogged down. So, I can understand his need for the proper command structure at the top for assistance, however I think tonight having heard from the FOP and knowing that they prefer this method, and I don’t know if anyone else heard this, but think about our new officers that we swore in in the last year or several years. Those are the individuals that are looking at this situation right now and they are going to say alright what does the City favor; do they favor a non-union position; do they favor a position that is going to make it very difficult for me to get there eventually. They are basically removing or wishing to not fulfill a rung on that ladder for their career path. There was additional discussion. Mr. Bollas: Procedurally since this has a public hearing on December 8th, there is public input on this matter where it would require any kind of a track or amendment; would that then just stay at 3rd Reading? Dir. of Law: No, if it is amended at 3rd Reading it reverts to 2nd Reading because this is one that is a change in Civil Service rules, and it would require a 3rd Reading. You would not be able to adopt it at 2nd Reading. Mr. Bollas: OK, procedurally I just wanted to clarify that. Thank you. With that said, I will close Personnel Committee. ii. Additional Items: None. d. Community Issues/Safety 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. 10 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 i. Second Readings of Ordinances and Resolutions A. Ord. 2022-81 – Exhibit – Tracked Exhibit – Amending and supplementing Ord. 2021-117 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Sponsor: Mayor Kline Mrs. Gutman: I call the Community Issues/Safety Committee to order. We have before us the 2nd Reading of Ord. 2022-81. The ordinance was read into the record. Are there any comments or discussion on this this evening in the audience. • Dan Enos, 1039 Beachwood Drive, Tallmadge. I come before you today as a Tallmadge resident of 31 years and as someone who works every day with Tallmadge residents and non-residents. I take pride in our community. A community supported not only by those who work, live or own property in Tallmadge, but also those who visit our great City attracted by our local businesses, the recreation center, Maca pool and our rental facilities. We are made better by being open to all and encouraging everyone to play a role in our community. This is and should remain our tradition. Quite bluntly I am against the proposed non-resident rental rates. They are high being 50% more or double that of the existing rates and are only being kept in check by grants that prevent the City from charging non-residents more than two times the rate of residents. The Community Center, in my opinion, is already quite cost prohibitive with its current rates and renters already pay more to rent so any percentage increase will be significant for those renters. These new rates are only to price out and gate keep non-residents from renting our facilities especially with our current economy with high inflation and are inconsistent I believe with who we are as a City. These rates will give renters pause and will encourage them to go elsewhere and I cannot blame them if we are pushing them away. It is true that residents help to fund our City services including our rental facilities along with other City services but so to do non-residents. Consider this, the Ritchie House has to date so far in 2022 generated $22,000 in revenue. $18,000 of that approximately is from non-resident renters. Who has been responsible for generating revenue for this particular facility? Non-residents. Context is also important in evaluating these new rates. These new rates came about in response to a violent September incident at a rental facility so they should be kept in that context. Will separate rental rates for residents and non-residents and higher non-resident rates really prevent violence like this from happening again at one of our facilities? After an incident where residents and non-residents survived a scary, violent and traumatic situation, the proposed rates seem like a knee-jerk reaction to place burden on future non-resident renters not on those factors responsible for the incident itself. In closing I encourage you to keep Tallmadge a community we can be proud of, open to everyone where you are not actively trying to price out certain people. Money does not determine the quality of a renter or of a person and I assert the right thing to do would be to leave the rental rates alone, but realistically I know that we do want to take some action in the environmental design of our facilities would be definitely an improvement we could make and I know the City is in talks and plans to do that, but also the role of all City departments to work together to find inclusive solutions. If nothing else, I ask you to consider a smaller non-resident increase. The City of Cuyahoga Falls currently asks non-residents to pay $25% more than residents for a pavilion rental. We are looking at increasing it 100% for those non-residents in our community. Thank you for your time. 11 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Mrs. Gutman: That is a lot of food for thought and very well spoken and I appreciate that. Would anyone else like to comment? Mrs. Kilway: I want to thank Mr. Enos for saying exactly how I feel about this ordinance right now too. I do believe that I think we do need to have a slight increase for non-residents, but I think the amount that we are doing is excessive and it is a knee-jerk reaction to a horrific thing that did happen in Tallmadge, but it doesn’t happen in Tallmadge every day. There are other things that we could put into place potentially if we are concerned that this is going to happen again, and I know that there have been talks with the Police Department about having officers at the facilities and being a little bit more in the open and so I want to thank you very much Mr. Enos for your comments. I agree with them 100%. I do think that we do need to ask our non-residents to pay a little bit more, but I think the 100% is a little excessive. Thank you. Mr. Sisak: Your points are well taken, and I believe the Administration said that this was just kind of a piece to the puzzle. I haven’t heard any other puzzle pieces shared with us as far as security or what we are doing to improve safety, surveillance and that kind of thing. Dir. of Pub. Service: What this did was it brought to light how loose we were with rentals. So, we would hand out keys a whole day early and the renters could get in there at any time and set up and we never did much follow-up on when they left either. What we are doing now is we reigned in when they are actually renting it. We want them in there an hour beforehand, or a couple hours, but what we are going to do is an hour after the event starts, we are going to send in a Parks & Rec Supervisor, but they are just getting their eyes on the place. Ritchie Hall is a non-alcoholic hall so there shouldn’t be bottles of booze on the tables and there shouldn’t be beer cans anywhere. What size crowd do you have there. If it is a baby shower for 40 people and there are 150 people obviously that is more than a baby shower. So, we are going to get the eyes on it. The other thing we are doing is now the Police Department has the information of who the renter is and what time and what date. They didn’t have that before. So now they have a contact number of who is renting it and they are also going to do at least one drive-by and maybe two depending on what they are getting called to. So, it is an increase in awareness of who is renting the facility. Mr. Bollas: I want to thank you for coming in this evening and speaking. There were several meetings held with the Little League and Parks and Rec and safety forces on various ways and means to kind of try to solve this problem. The way I was looking at it was next year is kind of a phased-in approach as was presented by the Service Director, but I see it also as more of a start-up cost because there is going to be equipment, infrastructure that needs to be installed. I know they were exploring swipe cards, but that is not feasible because the fiber is not available to do that. That would potentially reduce interaction in someone physically picking up an actual key and then returning that key versus a swipe card that can be disabled. That would also help the situation as well as we brought up the idea of fees for security and as mentioned before; what is the correct attendance number for that. That is something that is still up for debate. I know in other communities there is a minimum number of 25 people and then there is security in some; it is plus 100 and then that fee would go to the resident but as we are not there yet and they are discussing reviews of foot patrols and various scenarios to incorporate the Police Department, that all factored into the rate 12 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Mr. Bollas (Cont’d.) adjustment and again, not that it can’t be reduced at a future time. I think it is more, as stated at the last meeting, to initiate this kind of a Phase I approach and then dial it back once the infrastructure is in place to help ensure safety. Thank you. Mrs. Kilway: Just to put out there; I know the City manages the rental of the Lions Hall, but the Lions Club has their own set of rules on fees and everything associated with it and I know because I am renting the Lions Hall this summer and if we want to get into the building 2 hours early, you have to pay $50 per hour earlier that you want to get in for set-up. Maybe that is something that the City could initiate as well if someone wants to get in early before . . . if they are going to have a 12:00 baby shower, they want to get in at 10:00 just to set up. Charge an extra fee of $25.00 an hour or something like that. Dir. of Finance: If you look up there, there is a $30.00 per enter early for set-up fee. Mr. Bozic: First off, thank you Mr. Enos for your speaking in front of Council knowing all the ins and outs and how we got to this point. There were many, many meetings before this point and I’m sure you were voicing your opinion every step of the way as I have experienced myself. So, thank you for voicing your opinion tonight. I definitely see some pros and cons to the increase. I think at this point if we aren’t yet prepared to institute like a security fee right out of the gate, I think this is a good first option, maybe kind of our only option at this point and then the other point that I would like to make is if the Administration feels like they could institute all of the camera systems or whatever it is that they need to do . . . because I am assuming our rentals are pretty much are on the decline right now or are we still pretty high? Still pretty high. So, if the Administration or IT feels that they can quickly source the right cameras and the infrastructure that they need to make that facility kind of up to where we would like and there is not money in the budget, I think just as you did tonight bring it back to us because I don’t think that there is any one of us on Council that would deny that increase in the cost for putting in additional infrastructure down there to make it safer. Thank you. Mrs. Gutman: I guess I would just like to say that when I am looking at the rate increases in response to the incident that we had, like on the surface, I am not opposed to rate increases for non-residents, but as a solution to the problem that we had, I don’t like to have solutions that I don’t know that they are going to fix the problem and that bothers me. I don’t know that I can look at somebody and say like here is what we did, and this is what I think is going to help. It means that I don’t know if it will, and I don’t know that I could even point to data that would say that anywhere and I am kind of a data person. So, the gatekeeping, even for our residents, the resident fees I know that they are a barrier to our residents to not being able to afford that and just because you live on one side of the City line or another, not being able to use that facility because we have increased those rates to solve a problem that we are not really solving by doing it. It doesn’t sit well with me, so it is something I have to think about myself at this point. I just wanted to say thank you again for raising this issue and coming here and talking about it. I don’t know that it is an easy thing for anybody. So, I guess that’s my thought. Mr. Loughry: I don’t know when this grid was put together, but I was the Service Director at one point; actually, I hired Jessica. As a taxpayer . . . so, the incident happened but what the incident brought to me was the fact that for years and years and years, we have been letting non-residents use our facilities for the same price as Tallmadge taxpayers use it for and you guys know that I think that is 13 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Mr. Loughry (Cont’d.) fundamentally totally wrong and I don’t know why I didn’t know that. So, shame on me for not knowing that we weren’t already charging non-residents more. I don’t think in my mind, and I sat in on at least one of those meetings, that it was a knee jerk reaction. It was a reaction that came to my mind because I didn’t know it existed, but for someone to think that a non-resident should use anything for the same price as a tax-paying resident; I disagree with them. Now, I don’t know what that difference needs to be. We can discuss that, but I know that I pay a lot in income tax and my neighbor next door in Stow shouldn’t be able to use something for the same price that I pay. They should have to pay more because they are not paying taxes. We can disagree on what that spread should be but philosophically I don’t think that I will ever agree that they should get it for the same price. Dir. of Finance: So, your neighbor in Stow may be paying our City’s income tax if they work here. There are non-residents that do pay income tax to us. We do need to remember that. In fact, 78% of our income tax is paid through employee withholding. Those people don’t live here; they work here. Again, I’m just giving information. Non-residents also pay income tax and that is the reason at the Rec Center and that is the reason at Maca that they are afforded the opportunity to receive the resident’s rate. I don’t recall if that is identified in the rentals. So, I just want to clarify for income tax purposes, and I realize that if you go somewhere else and work somewhere else, it is reciprocal but our City does rely on people who do not live here to provide services to them and to our own residents. A resident per $100,000 of tax pays $66 a year to the City in property taxes that goes into the General Fund. The remainder of what they pay supports Police and Fire through the Fire Levy and the Police Pension Levy. Mr. Bollas: I just have one last comment; it’s on the same topic, but it is on the topic of the grid so very quickly back in October, I had a chance to meet with a member of the Disabled American Veterans. Today it is the 247 th birthday of the U.S. Marine Corps and tomorrow is Veteran’s Day, and I had a really good conversation with this gentleman, and we were just discussing various concerns that this person had. He had given me some data on the City and our residents. 2/3’s of the Veterans in Tallmadge were Gulf War era and averaged 238 people that did not qualify for special programs like Silver Sneakers or special discounts in the grid today. So, I would like to make a recommendation to add two line-items into the grid under the Special Rec Center Memberships for Military Veterans Blue and Gold. I was going to propose $1 less or equal to the military membership rates which are currently at $13 and $18 respectively based on the grid I am looking at here; page 1. Do you guys have any thoughts on that proposal? Mr. Bozic: I just want to add to what Mr. Bollas has just recommended, during that meeting, and this is kind of a bigger picture of probably where we are hoping to go with this eventually, but when you look at the census data of the percentage of veterans within our community it is pretty significant. It was kind of eye opening because obviously because I served with some of them and you just kind of tend to gravitate towards other veterans and so there are quite a few in our community and not all veterans are of that age of Silver Sneakers qualifying and so I think this is a good kind of gap for those individuals and I think this is something that is long overdue and I know we had talked about it when I was at the Rec Center and how we institute that; how we provide that discount. A lot of that information I think I provided with that point. I can certainly provide that again and Jonathon has the percentages. 14 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Mr. Bollas: Yeah, so what was stated during the conversation was approximately 941 veterans live in the City of Tallmadge and 10% include spouses and .9% children per household based on the Worldpopulationreview.com website. So again, this is just that subset of the population of veterans that don’t qualify for any discounts apparently in the Rec Grid which is why I am making a proposal that it should be added and if you look at it in hindsight that is still 250 prospected members that we don’t have today and so it is still a net gain. Mrs. Gutman: Mr. Bollas, just to clarify we are speaking about these are veterans that aren’t retirement age yet and so they are not Silver Sneakers eligible, but they don’t receive the military discount because they are not currently active duty? Mr. Bollas: Correct. Mrs. Gutman: So, would it be and maybe this is a question for the Rec Center; is it simpler to make another category or to make our military memberships eligible to any veteran. Dir. of Pub. Service: I believe Councilman that you suggested $1 less. Mr. Bollas: That was the proposal or keep it equal to the military rates of blue and gold. Rec Director: Obviously for simplicity’s sake, it would be easier for us to extend that active military membership to military veterans as well keeping in mind though with what Dennis had said, we do keep our military membership the same for residents and non-residents. Right now, we don’t have a whole lot and so that works for us but with the numbers that you are talking about; is that just in Tallmadge with the numbers? Mr. Bollas: Correct, that was specific to that age group that live in the City of Tallmadge. Rec Director: So, I would hesitate if that is just the City of Tallmadge that we have that many people who may be able to take advantage of opening the same rate to those who are not also in Tallmadge. Potentially if we were wanting to do something; would we do a military taxpayer rate and a military non-taxpayer rate. A similar structure of what all of our other memberships are as well. So, they would have to be a resident of Tallmadge, or we would set a higher rate for a non-resident of Tallmadge. Mr. Bollas: Just to make sure I am following you. You said a military veteran rate for a resident and then a separate for non-resident? Rec Director: Correct, so we would just incorporate them into the military blue and gold memberships that already exist. We would extend that to active and retired military veterans as well and then potentially provide a non-resident rate for those. Right now, as you can see, the resident rate for both the . . . the resident and non-resident receive the same rate for that membership right now. Mrs. Kilway: Yes, just on that same line; do we have current non-resident military members because that would then impact them. Rec Director: I would have to go back and check that to be honest right now I think we have a total of 5 military members between those 2 memberships. So, it is not something that is heavily taken advantage of which is why it hasn’t been something that we have taken a good look at. Mrs. Kilway: I just don’t want to impact somebody . . . Mr. Bozic: If I can interject here; I think to keep in mind that military membership as it stands currently; you have to have an active current military ID. So, in the area we are at in Ohio we don’t have a lot of aces as if we were like Texas or California or Florida or South Carolina, those type of areas. So, you are naturally 15 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Mr. Bozic (Cont’d.) not going to have a high number of military members coming to the Rec Center. The ones that are are probably going to be on temporary duty of some kind like recruiting or things of that nature. So, I think that that still needs to remain for the active military membership. I think for simplicity reasons and knowing how like the Rec Center sells the memberships and having a resident and non-resident rate like you are essentially talking about now what 4 more pass types you would have to add into your system and if it is a blue veteran resident or non- resident, or a gold veteran resident or non-resident, so that is 4 different pass types and so I think if you keep it simple and you just stick with the same membership type of military meaning active and/or veteran there is not really a whole lot you have to change. It is simply you are now extending that offer to those individuals based on proof of eligibility. Mr. Bollas: I am all for the path of least resistance. I just think there is a subset of the community whether it is resident or non-resident that I feel we should extend that to in the theme of inclusiveness. I think it needs to be in there and I would like to see it in there. Mrs. Gutman: So, as a point of clarification, your concerns is that if we open it to all veterans, the memberships will spike because it is such a wider category or a higher number that could take advantage. That is why we wanted to make the non-resident rate then? Rec Director: At that point I believe we would be selling more and so to remain consistent with all of our other membership types, that is why I would recommend a resident/non-resident. For every other membership type with the exception of our 99-day special, every other membership type has a resident and non-resident fee. So, that would be why just to remain consistent with the rest of our membership structure. The only potential negative that creating this membership would have on our memberships would just be if we had somebody who was just a regular adult monthly member switching to this membership because it is about 50% of the cost of a regular membership. So that is the only negative impact we may see if someone is now eligible for this new membership, and they purchase the new membership, and it would be at a lower rate. But that is just . . . I am just giving you that information for information’s sake. Mrs. Gutman: Is that something that if you had another two weeks or are you comfortable enough with this decision for us to make an amendment tonight? Rec Director: I think that it would be best for us to do our due diligence and look at that maybe the beginning of next week and perhaps come to a decision. Could we do that for the next Council meeting to have it amended? So, if we can do that and bring something forward at the next meeting, I think that would be ideal. Mrs. Gutman: Absolutely. Mr. Bollas: I appreciate everybody considering this. I think it is a great idea. I think it is a great thing to have in the grid and I really think it’s a great idea and I provided these stats close to a month ago and they were considering it, but I am just bringing it up because we are at 2nd Reading and you know how this goes, so let’s get it in there. ii. First Readings of Ordinances and Resolutions A. Ord. 2022-83 – Authorizing the Mayor to enter into a grant agreement with The Tallmadge Board of Education for a licensed mental health (LPCC-S) and substance abuse counselor (LICDC) as an alcohol and drug consultant and providing for immediate enactment. Sponsor: Mayor Kline and Dir. of Law Raber 16 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Mrs. Gutman: Next we have Ord. 2022-83 at 1st Reading. The ordinance was read into the record. Would anyone from the administration like to speak on this. From reading this, it sounded like an excellent plan to me. Dir. of Law: So, I know Superintendent Wood approached Mayor Kline and then I was also approached by Christine Sippa, who is a Board Member who wanted to bring this idea to the City to help participate in bringing this resource to the school district. The School District has counselors that are hired by the school that are in-house counselors, but none of them are specialized in the substance abuse area specifically and so the current status at the school is that if there is a student with any substance needs, that they have to do outside referrals often and then there is often a wait to get that student into that program and sometimes there are transportation issues as well and this opportunity . . . this type of programming and consultant had been used in the Stow School District and so I believe the new principal who came from Stow was familiar with this and so brought this concept which was very successful there and they are looking to implement this as soon as possible and that is the reason we are asking for 1st Reading adoption. The nice thing is that this goes hand in hand with some of the Opioid Settlement money that we have recently received. The City had received a settlement from Giant Eagle that was not specifically designated for any particular purpose, but we want to be able to use it for the purpose of remediating substance abuse issues and so we are able to participate with the school district on this and we are also able to use a referral for our Juvenile Diversion Project and we have these dollars that have come into the City that are available for this use. This is only for the 2022/2023 school year. The school district has indicated they want to see how this goes and then from there we can re-evaluate, and I would anticipate that it goes well, and we may receive a request in the future, and we can decide how we want to do that or what that might look like in the future. The school district would also be participating in this. They will be the contracting agency in the agreement which is spelled out as an attachment and provides for what they would need to do in exchange for the grant dollars. Mrs. Gutman: Is there any discussion on this issue. Mrs. Allman: I just wanted to say that the last school district that may daughter taught in had the mental health and substance abuse counselors and it was very beneficial, and she currently teaches at our high school, and she has students that could use these counselors right now. So, I will definitely be supporting this ordinance. Mrs. Kilway: I think this is fantastic. It is something that is very much needed especially at the high school. Unfortunately, at the Middle School as well. I am just going to make a motion to adopt Ord. 2022-83 at 1st Reading. Seconded Mr. Sisak. Roll Call: Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway – unanimous. Ord. 2022-83 is adopted by a vote of 7-0. Is there anything else to come before the committee? Hearing none, close committee. iii. Additional Items: None. e. Safety Adam Bozic, Chair Craig Sisak, Vice Chair The Safety Committee deals with disaster services, communications, fire, and para- medics, police, and health. 17 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 i. Third Readings of Ordinances and Resolutions A. Ordinance 2022-77 – Exhibit – Tracked Exhibit – Amending Part Fifteen – Fire Prevention Code and providing for immediate enactment. Sponsor: Dir. of Administration & Safety Cooper Mr. Bozic: I open the Safety Committee. We have Ord. 2022-77 before us. The ordinance was read into the record. I know we are on our 3rd Reading. I did have some question for Mr. Cooper, but I will let him go first I guess if he has any additional comments to make about the ordinance. Dir. of Pub. Safety: No, I think I explained it in some detail the last time, so I am open to questions. Mr. Bozic: So, I did have one question. The Fire Prevention Codes are specific to any individuals within the City or are we looking specifically at like commercial level because I was a bit unclear of how that was broken down in there when it came to permits and the cost of those and who the individuals were that were paying those permits. Dir. of Pub. Safety: Well, certain parts of the Code apply to everyone including residents and commercial property owners. Some are specific to just commercial entities. I can’t imagine a resident would be interested in say an underground storage tank with a petroleum product in it, but if they were the same rules would apply, but the idea is that the permits are based specifically on each area that the permit applies to and there are quite a few as I’m sure you noticed. Does that help at all? Mr. Bozic: It does which was going to be my one question and actually the example that you stated was the exact example I was going to ask about if somebody had a fuel container whether it be for diesel or gas or even propane for example, at their place of residence within the City; that would then trigger us to or would require them to have said permit for whatever container they have? Dir. of Pub. Safety: Actually, the Ohio Fire Code would apply universally. So, that is one of the changes we made with this iteration was to refer more often to the State Code that already applies. There is also, with regard to petroleum and oil and gas wells, 2014 legislation that took away local control of that and put it basically at the State level. So, there is a bit of a line there that gas and oil well storage tanks like that, we are not allowed to regulate which is one of the changes that we kind of took that language out of here and we refer to the Ohio Fire Code and the Fire Code points to DNR for regulation. Ohio Department of Natural Resources. There was more discussion. Mr. Bozic: We have a motion and a second. Roll Call: Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry – unanimous. Ord. 2022-77 is adopted by a vote of 7-0. Is there anything else for the Safety Committee? Hearing none, I close committee. Mr. Bollas: Myself, Mr. Bozic and Mr. Loughry had a chance to attend the Elected Officials Emergency Management Workshop in October. That was really educational. I just wanted to share some updates for anyone watching. The Summit County Emergency Management office provides two free methods to remain informed for residents. One is reverse alerts service and that warns of threats to the health and safety. You can just register with your cell phone number or your e-mail to receive notifications. The process for the setup if fairly simple. The second one is a free service for EMA mobile app. This one has the additional services of emergency notifications as well as the weather radio stations, up to the minute traffic alerts and a format for you to create a personal emergency plan for yourself, family and loved ones. Thank you. 18 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Dir. of Pub. Safety: Also, in that vein and thank you for that summary and reminder. Under the City’s website under emergency notifications, we have software called Civic Ready and so residents can sign up for emergency and also routine notifications; things like road closings and water main breaks and things like that but also emergencies. It can be annoying if you signed up for everything, you may get frequent calls and we sometimes get complaints about that. Notification of any citizen in the City is absolutely possible and free of charge. There is an app as well that can be used for this, but if you just go on our website and go under emergency notifications, it will give you instructions on how to do that. Mr. Bozic: Just to comment, in that meeting that we attended. That app is very useful, and I think if we could as a City maybe find a way to publicize that through our social media or anything like that because I think there are some things that are beyond the scope of our community that I think would be helpful. Deputy Fire Chief Stasik: We have worked very hard with the company to insure that only the polygon or the area drawn by the National Weather Service for the specific alerts, very specifically for tornado warnings, but other alerts are the only ones that are activated and that is to reduce over notification and have what we call notification fatigue is one of the issues with tornado sirens and if you were here for those discussion years ago where the County one is Countywide and so if Twinsburg has a tornado warning you will be getting it as well. I do personally have both on my phone. I think it is very important to know the difference if they are choosing between the two that there is a very large difference in the way that the notifications are activated. Thank you. Mr. Bozic: Are there any other comments for the Safety Committee? Hearing none, I will close committee. ii. Additional Items: 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. i. Third Readings of Ordinances and Resolutions A. Ord. 2022-76 – Exhibit – Tracked Exhibit – Amending Chapter 927 Stormwater Management Utility and providing for immediate enactment. Sponsor: Dir. of Public Service Rorar Mrs. Allman: I call the Public Service Committee to order. We have before us Ord. 2022- 76 at 3rd Reading. The ordinance was read into the record. Mayor: This is at 3rd Reading and we are ready for it. Mrs. Kilway: I move to adopt Ord. 2022-76 at 3rd Reading. Seconded Mr. Bozic. Roll Call: Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mrs. Loughry, Mr. Sisak – unanimous. Ord. 2022-76 is adopted by a vote of 7-0. ii. First Readings of Ordinances and Resolutions B. Ord. 2022-82 – Exhibit – Expressing intent to sell unneeded, obsolete, or unfit dump truck, international Lowpro, sewer cameras, and miscellaneous fire equipment by Govdeals.com in calendar year 2022 and providing for immediate enactment. Sponsor: Dir. of Public Service Rorar Mrs. Allman: Next we have Ord. 2022-82. The ordinance was read into the record. Is there any discussion on this? 19 COUNCIL MEETING Council Chambers @ 7:00 p.m. November 10, 2022 Dir. of Pub. Service: I would just like to state that everything on there is past its prime and they have all been replaced in the last two years. Mrs. Kilway: I would go ahead and make a motion to adopt Ord. 2022-82 at 1st Reading just so that we can get the items cleaned up. Seconded Mr. Sisak. Roll Call: Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman – unanimous. Ord. 2022-82 is adopted by a vote of 7-0. Mrs. Allman: Is there anything else for the Public Service Committee? Hearing none, I will close committee. iii. Additional Items: None. 11. Reports of Special Committees: a. Council Operations Committee i. Additional Items: None. 12. Announcements: Pres. of Council: This is our only meeting in November, so everyone have a nice Thanksgiving. Our next meeting will be December 8th. 13. Adjournment: Mrs. Kilway moved to adjourn. Seconded Mrs. Allman. Roll Call: Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mrs. Bollas – unanimous. The Council meeting of 11-10-22 adjourned at 9:19 p.m. sb Adopted: ______________________________________ ______________________________________ Susan E. Burton, Clerk of Council Dennis K. Loughry, President of Council 20

Agenda

Council Meeting Agenda THURSDAY, NOVEMBER 10, 2022 IN COUNCIL CHAMBERS 7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH All Council Meetings are Live Streamed 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: Pastor Chuck Erbe, First Church of God, Tallmadge. Pledge of Allegiance: Justin Smith, 5th Grade Student at Cornerstone Community School 3. Roll Call: 4. Correcting and Adopting the Previous Meeting Minutes: 10-26-22 Council Meeting Minutes 5. Financial Reports: • Fire & EMS Fund Transfer in the amount of $200,000, Street Maintenance & Repair in the amount of $350,000, Bond Retirement in the amount of $73,640, Police Pension in the amount of $50,000 and Fire Station Construction Fund in the amount of $200,000 to Council on 10-28-22. • Appropriation Report, Fund Report and Revenue Report for the period ending 10- 31-22 to Council on 11-4-22. • October Financial Reports to Council on 11-4-22. • Tallmadge Recreation Center Profit and Loss Report for the period ending 10-31-22 to Council on 11-4-22. • Income Tax Comparisons for the period ending 10-31-22 to Council on 11-4-22. • Consolidated Investment Portfolio for the period ending 10-31-22 to Council on 11-4-22. • Income Tax by Source Report for the month of October to Council on 11-4-22. • Revenue Comparisons for Major Funds for the period ending 10-31-22 to Council on 11-4-22. 6. Public Hearings: 7. Community Input: 8. Agenda Additions: • City Department Presentation: o Recreation Department, Jessica Simons, Parks & Rec Superintendent 9. Reports of Administrative Officers: a. Mayor/Director of Economic Development b. Director of Administration/Director of Safety c. Director of Public Service THURSDAY, NOVEMBER 10, 2022 IN COUNCIL CHAMBERS 7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH Page 2 d. Director of Finance e. 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, and public property. i. Additional Items 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 Ordinances and Resolutions A. Ord. 2022-78 – Exhibit – Amended Exhibit – Public Hearing on 12-8-22 @ 7:01 p.m. Adopting a budget for various funds of the City of Tallmadge, Ohio, for current expenses and other expenditures during fiscal year ending December 31, 2023, appropriating the necessary funds for the Administration thereof, authorizing transfers between funds, and providing for immediate enactment. Sponsor: Mayor Kline B. Ord. 2022-80 – Amended – Authorizing the Mayor to enter into a contract without competitive bidding and through the State Purchasing Program, or as authorized by R.C. 125.04 (C), with MNJ Technologies for the purchase of computer equipment, software licenses, and related equipment and pro- viding for immediate enactment. Sponsor: Mayor Kline ii. Additional Items 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. Second Readings of Ordinances and Resolutions A. Ord. 2022-79 – Tracked – Public Hearing on 12-8-22 @ 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. Sponsor: Mayor Kline ii. Additional Items d. Community Issues/Safety 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. 2 THURSDAY, NOVEMBER 10, 2022 IN COUNCIL CHAMBERS 7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH PAGE 3 i. Second Readings of Ordinances and Resolutions A. Ord. 2022-81 – Exhibit – Tracked Exhibit – Amending and supplementing Ord. 2021-117 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Sponsor: Mayor Kline ii. First Readings of Ordinances and Resolutions A. Ord. 2022-83 – Exhibit – Authorizing the Mayor to enter into a grant agreement with The Tallmadge Board of Education for a licensed mental health (LPCC-S) and substance abuse counselor (LICDC) as an alcohol and drug consultant and providing for immediate enactment. Sponsor: Mayor Kline and Dir. of Law Raber iii. 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. Third Readings of Ordinances and Resolutions A. Ordinance 2022-77 – Exhibit – Tracked Exhibit – Amending Part Fifteen – Fire Prevention Code and providing for immediate enactment. Sponsor: Dir. of Administration & Safety Cooper ii. Additional Items 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. i. Third Readings of Ordinances and Resolutions A. Ord. 2022-76 – Exhibit – Tracked Exhibit – Amending Chapter 927 Stormwater Management Utility and providing for immediate enactment. Sponsor: Dir. of Public Service Rorar ii. First Readings of Ordinances and Resolutions B. Ord. 2022-82 – Exhibit – Expressing intent to sell unneeded, obsolete, or unfit dump truck, international Lowpro, sewer cameras, and miscellaneous fire equipment by Govdeals.com in calendar year 2022 and providing for immediate enactment. Sponsor: Dir. of Public Service Rorar iii. Additional Items 11. Reports of Special Committees: a. Council Operations Committee i. Additional Items 12. Announcements: 13. Adjournment: sb 3

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