City Council Regular Meeting

COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 1. CALL TO ORDER. President of Council Loughry called the Council meeting of Thursday, December 8, 2022, to order at 7:00 p.m. 2. Opening Prayer & Pledge of Allegiance: Prayer: Pastor Jim Case, Tallmadge Lutheran Church. Pledge of Allegiance: Violet Vacha, 5th Grade Student at Tallmadge Elementary School. 3. Roll Call: Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak – present. 3.A. Swearing in of: Joshua Goldner – Full Time Firefighter/Paramedic Nicholas Sansom – Battalion Chief/Firefighter/Paramedic John Underwood – Fire Chief Mayor: It is my pleasure to be swearing-in Joshua Goldner as a Full Time Firefighter/Paramedic along with Nicholas Sansom as Battalion Chief/Firefighter/Paramedic and John Underwood as the new Tallmadge Fire Chief. Congratulations to all of you. 4. Correcting and Adopting the Previous Meeting Minutes: 11-10-22 Council Meeting Minutes Mr. Sisak moved to approve the 11-10-22 Council meeting minutes. Seconded Mrs. Kilway. Roll Call: Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman – unanimous. The 11-10-22 Council meeting minutes were adopted by a vote of 7-0. 5. Financial Reports: • Fire & EMS Fund Transfer in the amount of $125,000, Street Maintenance & Repair Fund in the amount of $200,000, and the General Fund in the amount of $250,000 to Council on 12-1-22. • Appropriation Report, Fund Report and Revenue Report for the period ending 11- 30-22 to Council on 12-5-22. • November Financial Reports to Council on 12-5-22. • Tallmadge Recreation Center Profit and Loss Report for the period ending 11-30- 22 to Council on 12-5-22. • Income Tax Comparisons for the period ending 11-30-22 to Council on 12-5-22. • Consolidated Investment Portfolio for the period ending 11-30-22 to Council on 12-5-22. • Income Tax by Source Report for the month of November to Council on 12-5-22. • Revenue Comparisons for Major Funds for the period ending 11-30-22 to Council on 12-5-22. Mr. Sisak moved to accept the financial reports submitted by Dir. of Finance Gilbride. 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 accepted by a vote of 7-0. 6. Public Hearings: i. 3rd Readings of Ordinances and Resolutions Ord. 2022-78 Amended~Exhibit Amended 11-10 Amended – Exhibit Amended 12-8 FINANCE Adopting a budget for various funds of the City of Tallmadge, P.H. ON 12-8-22 Ohio, for current expenses and other expenditures during fiscal @ 7:01 P.M. year ending December 31, 2023, appropriating the necessary funds for the administration thereof, authorizing transfers between funds and providing for immediate enactment. 1  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 The ordinance was read into the record. Mr. Sisak: It is now 7:18 p.m. and I call the public hearing for Ord. 2022-78 open. Is there anyone who would like to speak in favor of Ord. 2022-78? Hearing none; is there anyone who would like to speak against Ord. 2022-78? Hearing none, second time; is there anyone who would like to speak in favor of Ord. 2022-78? Hearing none, anyone wishing to speak against Ord. 2022-78? Hearing none, third and final time; is there anyone who would like to speak in favor of or against Ord. 2022-78? Hearing none, it is now 7:21 p.m. and I call the public hearing closed for Ord. 2022-78. Pres. of Council: We have just concluded the public hearing on the budget and at this time we will open the Finance Committee. Mr. Sisak: I call the Finance Committee to order. It has been amended twice. Is there any discussion? Mayor: First of all, I want to thank the committee that has worked on this. We started working on the budget on July 1st of this year. We met with all of the Department Heads multiple times. With the help of Jill Stritch and Mollie putting this budget together and all of the Department Heads, I think we finally came up with a very good budget. Council did make the two amendments to add a little bit more money for the concrete and then $35,000 was the second amendment for the Police Department equipment. We are requesting a third amendment that actually removes some of the appropriation. We want to reduce the appropriation of $584,397.24 and that was for the East Avenue Project because that was already encumbered before, and I think the Finance Director caught that this week and so thank you Mollie. We have had the work sessions with Council, and we have had this for three readings, and it is ready to go. It does not include some of the ARPA Funds that are still available and I know Mr. Sisak, we had talked about possibly amending it to add that money, but I think the Finance Director said to wait until the beginning of the year and you could have your committee meet again to talk about that. Dir. of Finance: We had a sidebar conversation. Mr. Sisak: So, we reduced the East Avenue Proj33ect by . . . Dir. of Finance: We actually just removed it. It requires no appropriation. It goes down to zero. That is the carry-over appropriation from the original contract, and we did not need to appropriate additional money and because it was so large, I was uncomfortable leaving it in there for something that we didn’t need and so I felt like we should go ahead and take that out. Mr. Sisak: While we are talking about cutting; let’s talk about adding. What Mrs. Gilbride and I had spoke about recently was with the work and the monies of the ARPA Fund monies that we are going to be spending at the Howe Rd. Park. It would include taking out the one pavilion, restrooms, I think for the dog park location if I’m not mistaken, and to build a new pavilion with functioning restrooms it would be about $500,000 and that again would be coming out of ARPA Funds. So that would make that project kind of whole I would say instead of doing part of it and not having facilities and then maybe revisiting it again at the beginning of the year or maybe later in the year would give the Service Director a leg up if you will, to get started on the entirety of that project at Howe Road. Ms. Gilbride, do you have anything to add? Dir. of Finance: Yes. We were discussing, and as I discussed with Mr. Sisak, and the Mayor was on board, but we kind of had a side conversation and we are making a lot of improvements to that park and we know that the bathrooms need rebuilt and we kind of felt like we would hate to have all of these improvements and having people come into the park and then have these poor restroom facilities. We have the ARPA Funds available and it just made sense if we could, since we already know we have the dog park ready to go, if we could do that as a comprehensive project in the park and we could get it all done sooner and hopefully finish it all at the same time and so when we are advertising the dog park people are also coming to a nice restroom facility and have the pavilions and those kind of things. So, I had just suggested that if Council was agreeable that we could add back into the budget so that we can make that project in that park up to par. 2  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Mr. Sisak: Then how much money would be left over in the ARPA Funds? Dir. of Finance: That would leave us a balance of about $481,000 still remaining for additional projects and obviously that would count then anything that would be left from finishing some of the current projects. We have already had a few come in under budget that have kind of gotten thrown back into the pot. So, a lot of the projects we initially approved, you are seeing that put back into the budget because we were not either able to bid them or complete them this year and so it is $481,000 with the potential to be more if we come in under budget on those other programs. Mrs. Kilway: So, just for clarification then, we would be amending the budget to add $500,000 into the Park Maintenance under the ARPA Funds and so it would bring that up to $945,632 I believe for Park Maintenance. Dir. of Finance: Yes. Mr. Bozic: Can you clarify what that number was again? I guess my question would be for that Park Maintenance account, the new number would be what? Because as it stands now on the last amendment it was $445,000? Dir. of Finance: Correct, so it would be $945,000. Mr. Bozic: Remind me again, the $445,000 as it stands now in Park Maintenance is already earmarked for Howe Road and other parks? Dir. of Finance: Yes, so there are three portions to that. We approved a pavilion at Lions Park, and the Dog Park is the majority and it and it is $257,310 so we would really be adding another $500,000 and so Howe Road would be about $750,000 of the appropriation and then we still have about $93,800 of work to do for the Lions tennis and pickle ball courts at the beginning of the year. Mr. Bozic: Then, where does that put us as far as being completed at Howe Road? I know there were several stages, and it was kind of . . . I just recall there being some updates to the ball field and maybe some stuff at the back end of the park. There was a walking trail and maybe a small, not a BMX track, but a pump track. So, I know there were some other areas in there. Dir. of Pub. Service: You will be over half-way done with this improvement. Mrs. Kilway: I move to amend Ord. 2022-78 to add $500,000 into the Park Maintenance of the ARPA Funds so it would be under Account 2019 Account 305 is that correct in order to do the maintenance on the restrooms and so forth as discussed. Dir. of Law: And as proposed in your Exhibit Amended 12-8-22. Mrs. Kilway: Yes. Thank you. Seconded Mr. Loughry. Mr. Bollas: Just in summation, in terms of the ARPA Projects, just so we are all on the same page, we have the Lions Pavilion, the dog park, the tennis courts, the Fire & Police drones . . . Mr. Loughry: I thought there were sidewalks on Munroe. Dir. of Finance: There are sidewalks on Munroe in here that got carried over. We have already ordered, which you did not see carried forward, an updated sign for the Circle that we were able to encumber that takes care of that this year so that is taken care of. The majority of the drones for the Police and Fire have been taken care of. There were just some minor items that needed to be carried forward into next year’s budget. The lights on Southeast and those are also encumbered, and they are on order. Mr. Bollas: So, the items you mentioned were able to be taken care of this year? Dir. of Finance: Yes, there were several items that were able to be taken care of this year. Mr. Bozic: I just want to clarify so this next vote that we are going to make is just on the specific amendment of the $500,000 additional to Park Maintenance or is it the full approval of the budget as it stands? Mr. Bozic: OK, so if we have other items that we need to bring up, do it now or wait until after the Vote? Mr. Sisak: Wait until after. Is there anything else on those two items? Roll Call: Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic – unanimous. Ord. 2022-78 is amended by a vote of 7-0. 3  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Mr. Sisak: OK, so if I can get a motion to adopt the amended Ord. 2022-78. Mrs. Kilway: I move for the adoption of Ord. 2022-78 according to the amendment on 12-8-22. Seconded Mrs. Allman. Mr. Bozic: Mr. Chair, I have an item that I would like to make an amendment to the budget. In light of some questions that I had proposed to the Administration in regard to funding of or I should say cost analysis of what the pay rate would be for a Lieutenant and Captain within the Police Department; I think those numbers have kind of weighed out in a way that is contrary to what we were originally led to believe. So, I will kind of just give you a quick synopsis of this, but basically as it would stand as a new Lieutenant hourly rate for 2023 would be $50.76 and then in 2024 it would be $54.28. The Captain position in 2023 is $51.23 and in 2024 it is $52.76. Now that is . . . those two figures I factored, which I assume is happening, is a 3% increase for those that are outside of the CVA. Mayor: It is the average of all five unions. Dir. of Finance: It is . . . they actually get a flat increase of the target of the pay band and so we figure out the target of the pay band that they are in and then they get the average of the union contracts and this year it is about 2.8 something. Mr. Bozic: So, my numbers should be probably actually a little low because typically they are not at the target; they are below the target. Dir. of Finance: They are actually all above the target. Mr. Bozic: It is pretty close. So, my question I guess, or matter of discussion would be we were told that the Lieutenant position won’t be filled because it is a financial burden to the City if that individual were to take that position because they would be making more than the Captain or the Chief. Mayor: That is only halfway true Adam, and you know that. So, when you say that it is some financial issue because you are not looking at the overtime of it. So, let’s take away the financial side of the equation. The management of the style that this administration is requesting Council of is the two Captains positions and that is for the better management of the Police Department and this is what the Chief is requesting and asking for and that is what the administration is going for so if you are looking at amending the budget to take away funds out of the budget, the budget is designed for the Captain and that is what this administration is going after. Mr. Bozic: Well, that is exactly what I am looking to do Mayor is to make a motion to withdraw the funds within that line item for the Captain position for the year 2023. Mayor: Then how would you fund the Lieutenant that you would like to have? It’s not in the budget. Mr. Bozic: Right. Mayor: Oh, then we will take away all of the management that we all know we need . . . Mr. Bozic: My question to you Mayor would be since our Captain left, our first Captain, DiMenna left, the Administration has sat not filling a Captain’s position for 9 months or maybe longer. Filled it and then decided oh wait, let’s now have 2 Captain positions when you could have easily had filled the Lieutenant position and had that, like you said, that proper management structure at the top. Mayor: Again, with all due respect, Administration administrates; Council legislates. You can make the motion to pull the money out and see what your colleagues call the question. Mr. Bozic: That’s fine. I would like to make that motion. Dir. of Law: If I might just interject, I believe there was already just as a point of order, a motion and second to the initial motion to adopt the amended legislation. Mr. Sisak: Yeah, and there was discussion. Pres. of Council: And then we went into discussion. Mr. Bozic: Which is why I asked the question at what point can I bring up another amendment and you said after those two were closed. 4  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Mr. Bollas: Thank you. In the working copy from October 2022, in the noters for salaries and wages under personnel, it is notated that 2 buyouts and 1 new Captain. So, just help me understand the breakdown of what this amendment would be in terms of dollars because right now I am only looking at a lump sum of you know the entire 2023 budget. So, what would this be financially? Mayor: If he makes a motion to withdraw or ask him what he wants to withdraw. How many dollars do you want to take . . . Mr. Sisak: Excuse me, I think he is Mayor. Mr. Bollas: No, I guess my question was more for the floor just to have discussion around . . . Mr. Sisak: I think Adam has to put a dollar amount to what he wants to . . . Mayor: To defund the Police. Mr. Bozic: I’m not in the position that you were in to actually give them the proper management sir, so you can phrase it however you would like, but I think the union has already stated they would rather have a Lieutenant position. I think the Chief of Police is in a spot right now that of course he is going to say he wants more help; you refused to give him any help for 9+ months. So, sure I will take anything you want to give me and honestly you could . . . Dir. of Public Safety, you can roll your eyes all you want, but you have been involved in the last three contracts; am I wrong, for the Lieutenant and Sergeant positions and then we hear a wave of discussion that you are asking the union to renegotiate that contract because they are getting paid too much. Sir, you signed the contract. That is on you three times in a row. That has nothing to do with these guys. These guys are asking for the position to be filled. So, it is your job to fill those positions. To say that you are not going to fill a position because it is just what we want to do is a gross mismanagement of our public safety forces. Mayor: I totally disagree with you Adam. So, with that . . . is there a motion? Pres. of Council: We have a motion; I’m not sure if we have a second on the motion. Mrs. Kilway: We have a second. Pres. of Council: Now we are in discussion on that amendment. Mrs. Kilway: No, not on the amendment. Mr. Sisak: It is just discussion and how it is amended for today. Does anyone else have anything? Chief Williams: Ron Williams, Chief of Police. As the Chief of Police, I am charged with managing the Police Department and making these decisions. In the situation that I am in today, I am asking you for 2 Captains. I appreciate the support that we received from Council up to this point and I am asking you for that again. I want to say, the Union President, Pat Fairhurst is here tonight, and I want to say that I have absolute admiration and respect and appreciation for the people who do the work at the Police Department. It has absolutely nothing to do with that whatsoever. I believe that the most critical need of the Police Department at this time is 2 Captains and I am asking you for support on that matter. I understand that there is going to be opposition and I hope that we are able to work through that. I want to share with you that we focused this whole conversation on one paragraph in about 100 pages of two contracts and I want to talk to you about Article 3, Management Rights in the Police contract. It is actually in both contracts. The Patrol Officers and the Sergeant/Lieutenant. With undermanagement rights, the contract, so the agreement between both parties, Item E. gives management the right to determine the work assignments of its employees. Item F gives management the right to determine basis for selection, retention and promotion of employees to or for positions that are not in the bargaining unit established by this agreement. And then 3.02 in the second half of the same article, pardon me for reading, but if I don’t it will be wrong. “In addition, the union agrees that all of the functions, rights, powers, responsibilities and authorities of the employer in regard to the operation of its business and the direction of its work force, which the employer has not specifically abridged, deleted, granted or modified by express or specific written provisions of this agreement are and shall remain exclusively those of the employer. So, based on these on the agreement between the Union and the City, I am asking for your support on this issue 5  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Chief Williams (Cont’d.) and ask that you please approve 2 Captains for the Police Department. Thank you. Mr. Bozic: If it were up to you today, don’t mind you of any sort of funding restrictions or anything of that nature, a structure of Chief, Captain, Lieutenant or a structure of Chief and two Captains? Which would you rather see for the future of the Tallmadge Police Department? Chief Williams: Well, you are asking me a question if money doesn’t matter and just like in your business, money does matter. You can’t do that. You can’t take money away and make everything OK. You can’t do that either. Mr. Bozic: But I am simply putting it in that term because I just went over the fact that the hourly rate . . . Chief Williams: I would like to question some of your fact’s sir. Would you like me to read the numbers to you? Mr. Bozic: No, I got the facts directly from the Administration and from another individual that this would affect. So those numbers are true and accurate and so I will ask again, which would you rather prefer to see for the future of the Tallmadge Police Department? Chief Williams: As the Police Chief, I have stood here tonight before City Council and asked you for 2 Captains and that is what I am asking for. Mayor: Chief Williams, so what is the timeframe when there is a vacancy; how long does it take you to post it, have a test, do the backgrounds and do everything . . . how many months has it been taking us? Was there an open test to be able to give a Captain when Frank DiMenna left? Chief Williams: Well, the first answer sir is that it depends, but the second answer; we are missing a lot of contexts here. We had a terrible situation with 2 Sergeants and that also was a factor. We were, let’s use the word, dysfunctional, for a long period of time because we had problems within management that we are working hard to resolve. So, back to your first question. We have greatly improved in the area. We post a job, and they have a week and then we have to do testing. It takes time and you have to work with the company to create the test . . . well, I guess we may be doing it differently now, but in my history of doing this, you have to create a test, you have to create an assessment center, you have to schedule those things. This is not something that we can whip together in a month. It just doesn’t happen. Mayor: The point of the question is we were not grossly neglecting hiring management for the Tallmadge Police Department because the process to do it takes a long time to get it done. Chief Williams: That is correct sir. Mayor: The previous Captain retired abruptly and to get the test and everything going, we hired as quick as we could and there was no delay because of mismanagement of the Police Department. Chief Williams: I agree with your statement. Mr. Bollas: If the organizational structure were . . . if we wanted to change it in the future; what would that process look like if you were going to add that, if that position was to be added back in? Mayor: What position? Mr. Bollas: The Lieutenant position. Mayor: It is in the Union contract. Mr. Bollas: Procedurally, but just so I understand to update the Organizational Chart; what would the process be? Mayor: Administration would make that change. Mr. Bollas: So, at that point, Council is not involved in any way for the Organizational Chart update? Mayor: That is correct. Mr. Bozic: Which again thank you Mr. Bollas. I think that again it goes back to my point of saying if that is up to the organization or the administration to survey whether or not that individual is needed within the organization, you could have easily promoted a Lieutenant as someone from the Police Department to Lieutenant the day that DiMenna had left, maybe not the day, but you understand what I am saying. 6  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Mayor: No, I don’t. Mr. Bozic: You could have done it within a shortened period of time. You could have given a test and it would have been filled and you chose not to. Mr. Sisak: OK, anyone else. We have a motion and . . . Mayor: You have a motion and a second to adopt the amended ordinance. Mr. Sisak: Adam motioned and who seconded? Mayor: There was no . . . Adam did not . . . so you can take a vote or if you have a question on what the current motion or withdraw that motion to entertain the new motion. Mr. Bollas: Going back to procedure, if I had a question on the ordinance but not pertaining to this topic, you are stating that we go through this amendment specifically first and then I would have to introduce a new topic, or could I bring up . . . Mr. Sisak: As long as it is related to the budget. Dir. of Law: Right now, the motion before you is the vote on the budget to approve the budget as you already amended it. Mr. Bozic: Which was the purpose of my question when I said, do we vote . . . if I wanted to make a change . . . Dir. of Law: There could have been another motion in between but the motion that was made was the motion to adopt the budget. Mr. Bozic: But that was my question before we did that was . . . Dir. of Law: And before you did that there was an opportunity to . . . the next question could have been that. Mr. Bozic: Yeah, but you said, no we are voting on these two first . . . Dir. of Law: Which was voted on . . . Mr. Bozic: These two changes . . . Mr. Sisak: Because that was the motion. Dir. of Law: And then there was an opportunity after that you could have . . . Mr. Bozic: So, you are saying procedurally by motion to . . . Dir. of Law: Then Mr. Sisak asked for a motion to adopt the budget and there was a second. So that is where we are at. I didn’t say anything . . . Mr. Bozic: OK, so the motion I am making is to withdraw funding . . . Dir. of Law: You have to act on the motion before you. Mr. Sisak: Yeah, we can’t amend it; we have to go forward with the current motion. Mr. Bozic: That was the question that I had prior to you closing those two prior amendments to the Park Maintenance Account and all those other changes and I asked the question. Dir. of Law: At that time, the question before you was the amendment and then you could have made . . . another motion could have been made before that motion, but this motion was made. That is the sequence that happened. I was not involved in that. That is what happened and that was the motion that was called for and that was the motion that was made and there was a second. Mr. Sisak: I didn’t understand your intent to amend the . . . Mr. Bozic: So, in other words, any other motion to make amendments to the budget . . . so therefore the last 30 minutes of conversation was not even needed because . . . Dir. of Law: You could withdraw the motion, or you can take the vote and then depending on the outcome of that vote you can take another vote following it. Mrs. Kilway: I am not going to withdraw my motion I’m sorry because the amount that we are talking about, if we were to replace the second Captain’s position with a Lieutenant’s position, the financial burden is basically the same and I’m not going to defund the account. Mr. Bozic: Which is exactly my point Ms. Kilway. Mrs. Kilway: We are talking about funding at this point in time; we are not talking administration so that is a whole different topic that needs to be had. Mr. Bozic: The reason for bringing this up was because the administration had said that there is a financial commitment that will burden the City if they go with a Lieutenant, and you just said that 7  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Mr. Bozic (Cont’d.) everyone else is pretty much in agreement that if we go with the Lieutenant the financial burden it really isn’t almost in existence. Mrs. Kilway: That is going off your information that you just gave on record. Mr. Bozic: This was the information provided by the Administration. Mrs. Kilway: Well, I am not going to withdraw my motion; I’m sorry. I think we are going to vote on the budget at this point in time. That is a whole different topic that we need to have a discussion on it that doesn’t have to do with funding. Honestly, we are about approving the funding and not the Administration. Mr. Bozic: (inaudible – microphone not on) Mrs. Kilway: But no, you are talking Administration because you want to change positions and that is not our job. Mr. Sisak: Alright, any further discussion on the budget this evening? Mr. Bollas: I have one additional item if I may. Mr. Rorar you had provided some information on the Summit DD building, and I just wanted to ask if there were some items that the price did not include for the demolition specifically the asbestos survey and removal, topsoil, seed, straw and solid waste removal disposal. Do you have an estimate on those at this time of any kind and how would that impact the budget that we are about to vote on? Dir. of Pub. Service: Surprisingly the asbestos was very minimal in there and I don’t have a price for any of that, but the asbestos would be the big dollar amount but surprisingly that report came back that it was minimal. I don’t have any numbers, but I will get you that. Dir. of Finance: Just for clarification though, we do not have anything for the actual demolition of the DD in the current budget. We are holding onto that waiting to hear from the State if we received the grant funding and then at that time, we will move forward with an appropriation for demolition assuming we get the grant funding. So, there is not actually any money in the budget to demolish the DD in 2023. Mr. Bollas: Thank you and what was the total of the grant that was requested? Mayor: $1 million. Mr. Bollas: OK, so then subtracting the $600 for the demo quote; would $400 potentially cover that removal of the asbestos or are we saying that . . . Dir. of Pub. Service: No, it will be minimal, but most of that material can be taken out. Mayor: We had a sample done of the asbestos and it is in pretty good shape. Dir. of Pub. Service: So, the cost should be less. Mayor: If we get the grant for the $1 million then that will cover for the asbestos and the demo and the seeding and restoration of the property. Mr. Bollas: Can the grant money . . . can it be used for any other demolition, or it has to be that requested site? Mayor: That site. Dir. of Law: Mr. Sisak, I want to clarify . . . I looked up Robert’s Rules and I do want to be fair so that you all are doing this in accordance with Robert’s Rules and there is an ability to make an amendment to the initial motion, so you can do that. It would have to be seconded. Mr. Sisak: Within the current . . . Dir. of Law: Within the current motion and it is called a primary amendment. Mr. Sisak: Mr. Bozic this would be your opportunity sir. Mr. Bozic: So, again I would like to make a motion to withdraw funds that would be appropriated for a Captain position for the year 2023 budget as proposed. That amount would be at the determination of I would say the salary wage rate, or ii should say the hourly rate as it is calculated now based upon the information that I received from Mr. Cooper which the 2023 rate would be $49.74 which would end up being what about $102 or something like that. Right off the top of my head I don’t have it. So, it comes out to, if you use 40 hours a week and that is $103,459.20 which I believe you were using a factor of like 16% for benefits; is that correct? 8  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Dir. of Finance: (inaudible – microphone not turned on) Mr. Bozic: So, an additional $36,000 at 35%. So, $103,495 plus the $36,000 so we will call it an even $140. Mr. Sisak: So, the amendment is to remove $140,000 from the Police Budget for a second Captain. Is that what I am hearing? Mr. Bozic: Correct, with knowing that should the Administration choose to fill a Lieutenant position that that information or that request can always be made at any point in time at any Council meeting to have that appropriation put into the budget for 2023. It is not saying that we are defunding anything. It is saying that we are removing the funding for the Captain position because you are creating something that didn’t need to be created to begin with when you already have the rate structure in place. You are just choosing not to fulfill it. Mr. Sisak: Is there a second? Pres. of Council: Out of respect for all Council members, I will second that and I would second any motion that any of you guys made. Mayor: (Inaudible – microphone not on) Mr. Bozic: The motion is to withdraw $140,000. Mayor: From the Police Department Salaries? Mr. Sisak: Yes. Any discussion? Mr. Bollas: I have a procedural question. So, we are talking about the 2023 budget and so procedurally at any point in time or what is the chain of events for us if this . . . if there were to be a proposed change like this if the budget were to be passed and this were not included; what procedurally would have to be proposed or the events that would take place to make a change such as this? Mayor: The Police Department would have to make a request for Council to add money back in that it took away. You have had this budget for 5 weeks and are not coming in to ask questions. Yes, you sent out an e-mail the other day asking for some things like the Union Rep . . . that is not a legislative responsibility. The Administration administrates the Police Department management. Mr. Sisak: Well, I guess my problem is with all of this is a lack of transparency. You say your door is open, but you say all of us come in here for 2 hours and we also work a full-time job. So, you know, give us a little bit of credit where credit is due. Mr. Sisak: Is there any further discussion? I think what we are trying to drive is transparency and for whatever reason the Administration has been very closed door and limiting and talking in circles and not giving the truths of the truths. There is only one truth and that is the honest truth. There are not two truths. Mayor: You are right. Pres. of Council: Let’s stay to what our goal is here, and we have . . . Mr. Sisak, go ahead and run your committee but we have a motion and a second and we are in the end of discussion. Dir. of Law: What you are voting on is only the amendments to remove the $140,000. Mr. Sisak: So, in closing I have resigned myself in speaking with our Chief, other Chiefs from other communities and other staff from other police agencies, police officers from around the County and the State of Ohio. We know that this isn’t probably what is the best for Tallmadge to have 2 Captains, but again I have resigned myself for 2 Captains and I will support our Police and Fire to the hill and so I will be voting no on this. Thanks. Is there any further discussion? Mrs. Gutman: I will make a comment. The Organizational Effectiveness Assessment for our Police Department was not something I was planning on talking about at this meeting, but there are comments regarding the structure of the Lieutenant/Captain versus 2 Captains in that report and there is acknowledgement that there is debate on which one is better, but that report also 9  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 sends that both structures work in different situations and there are comments that while the members of the department say they want a certain structure that numbers couldn’t say why. So, you know at the end of the day it is not our decision on Council and it is not cut and dry and I don’t know why it keeps being debated here and discussed. It seems pretty clear that there are ulterior motives being pushed and it is interesting that we talk about transparency because it doesn’t feel transparent, and it keeps happening and coming up but at the end of the day it is not our responsibility. We cannot legislate administrative duties and so it is frustrating that time is being taken when we could be doing things that are our responsibility and it causes all of this discord and fighting frankly that is really not a good look for anybody that is watching Tallmadge Council and the Administration. I don’t know what they would think right now to see this. So, that said I am obviously and clearly not in support of defunding the Police in the City of Tallmadge. Mr. Bollas: So just out of context for everyone here, there was some data provided at about 2:45 p.m. today via e-mail and not all of Council was on that initial e-mail. That is the data that was being brought up in context. I just wanted to bring that up because that wasn’t sent out to Council as a whole. It was a response to a series of questions presented by Mr. Bozic. Mr. Sisak: Would you like me to forward that to the rest of Council? Mr. Bollas: Sure, I can do that. Mr. Bozic: I do want to add that within that e-mail that Mr. Bollas spoke about, there was information there about the recent comp study that is being conducted and within that it mentions that it is an 18-week process from the time that they begin. I don’t know when you guys began that process. I know when the contract was signed which was June 7 th or 8th or something like that. Well that is 25 weeks out from that date as it currently stands and so I think that information would be very pertinent to have before making a decision to blow up an organization chart and say hey we need to make an other position when we already have an administrative position but we are not going to fill it because we choose not to, but I think that information within the comp study would be vital in determining that look, if our Chief and Captain aren’t making what they should be making, then let’s pay them what they should be making and if the Lieutenant pay rate is too high, then you know what, when we come up to the contract negotiations bring that up administration. Bring it up and you know let them deal with that as it should happen, but I think when we look at this information, we need to see all of the facts and again I apologize I guess I did . . . when I did receive this at 2:45 p.m. I wasn’t exactly looking at who all received this and so I did assume that most everyone on Council received it, but I agree, I think that that information is vital in understanding the process of what the administration has told us and I understand what you guys are saying about it not being an administrative function of Council. That is why I am saying from a legislative function of Council, we can provide funds or not provide funds within the budget and that is simply what I am empowering us to do; that’s all I am asking is to withdraw the funds from that account until we can further look at the information within the Comp Study. You mentioned the Police Study and that Police Study is not worth anything. I mean, the administration has basically put it to the side and not done anything with it. We have talked very little about it and we had one meeting about it outside of Council and honestly, I question the absolute integrity of the study to begin with which is a whole different topic but I just . . . I ask that Council think open mindedly about it and understand the reasoning for the amendment. That’s all. Mr. Sisak: Can we have a vote on this amendment within the motion. Roll Call: Mrs. Kilway – no, Mr. Loughry – no, Mr. Sisak – no, Mrs. Allman – no, Mr. Bollas – no, Mr. Bozic – yes, Mrs. Gutman – no. The amendment for the motion has been turned down by a vote of 1-6. Mr. Sisak: OK. Back to Ord. 2022-78 – Amended- Exhibit Amended 11-10 – Amended – Exhibit Amended 12-8. We have a motion and a second. Is there any further discussion on this? Mr. Bollas: I just wanted forwarded Council the information that was referenced tonight. 10  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Roll Call: Mr. Loughry – yes, Mr. Sisak – yes, Mrs. Allman – yes, Mr. Bollas – yes, Mr. Bozic – yes, Mrs. Gutman – yes, Mrs. Kilway – yes. Ord. 2022-78 Amended - Exhibit Amended 11-10 – Amended – Exhibit Amended 12-8 has been adopted by a vote of 7-0. Is there anything to come before the Finance Committee at this time? Hearing none, I will close committee. Ord. 2022-79 At 3rd Reading. Tracked Establishing the number of non-collective bargaining PERSONNEL employees by department and position pursuant to P.H. ON 12-8-22 R.C. 731.08 and providing for immediate enactment. @ 7:03 P.M. Pres. of Council: It is now 8:13 p.m. and we will have our 2nd public hearing of the evening which is Ord. 2022-79. Mr. Bollas I will turn the public hearing over to you. Please read the ordinance into the record and conduct your public hearing. Mr. Bollas: I call the public hearing for Ord. 2022-79 Tracked at 3rd Reading. The ordinance was read into the record. Is there anyone here from the public this evening that is in favor of Ord. 2022- 79? No one responded. Is there anyone here against Ord. 2022-79? No one responded. Second time; is there anybody in favor of Ord. 2022-79? No one responded. Is there anyone against Ord. 2022-79. Third and final request; is there anyone in favor of or against Ord. 2022-79? Hearing none it is 8:15 p.m. and I close the public hearing. Mr. Bollas: I call the Personnel Committee to order. We have Ord. 2022-79 tracked at 3rd Reading. We had a public hearing and there were no comments in favor of or against the ordinance. Is there any discussion for the committee or the administration. Mr. Bozic: I would like to make an amendment to this ordinance. I would like to have the Captain position withdrawn from the grid. Pres. of Council: Second. Mr. Bollas: So, we have a motion for an amendment to remove the Captain’s position from the grid. Is there a second? Mr. Sisak: Point of order; it would be a second position; it would go back down to one; is that correct. Mr. Bozic: Yes, that is correct. It says 2 currently and it would go back down to 1. Mr. Bollas: There has been an amendment proposed that would take the 2 Captain positions down to 1. Again, there is a motion; is there a second. Pres. of Council: Mr. Sisak seconded it. Mr. Sisak: No, he did not. Mr. Loughry: Oh, I’m sorry. I’ll second it. Mr. Bollas: So, we have a motion and a second. Is there any discussion? Mayor: Mr. Bollas, discussion is that the Administration is totally against the amendment for the record. Mr. Bozic: I have a question in regard to the current Comp Study. Do we have a date of when the Comp Study will be in hand? Mr. Sisak: Or is it already? Dir. of Pub. Safety: I was assured today that we would have the initial report to us by the end of the year and we do not have anything like that so far. Mr. Sisak: In regard to that, I was hopeful that the documents that were shared with us today that the organization would be happy to present to Council as well. I keep kind of hanging onto that as far as the Comp Study goes. Mayor: It was part of their contract to present to Council. Mr. Sisak: I’m counting on them. Mr. Bozic: For the record, I would like to just make the following statement that again this is well within our function of Council to make an amendment to any piece of legislation that comes before 11  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Mr. Bozic (Cont’d.) us. I am not against the Police Department; I’m not against having the proper rank and structure. I have been saying that for the last how many months that we have talked about it. I am in disagreement with the way the administration is going about this. I don’t think that they have been, as Mr. Sisak has said, they certainly haven’t been very transparent about it. The integrity and the way they have gone about handling talks with the unions over the last several years has been very mismanaged and I just want that to be known so when we come forward in the next year we can look at this and say you know, we . . . because I know where this is going to go; everyone is going to vote it down, but I’m still going to make the motion, but I hope one day we can have Council say, well you know maybe we should have listened to Mr. Bozic. Mr. Bollas: Any other discussion from Council or the Administration. Pres. of Council: I just want to go on the record that I had several conversations with the Chiefs, former Chiefs, people in other departments and with Chief Williams and what I have learned from this is it is not so much the structure especially in a small department; it’s the people, but in this case Chief Williams came here tonight and said that he wants to run his department with 2 Captains and for all my years in management and dealing with personnel, unless I have real concerns with the person in leadership, I almost always support their judgement and so I support Chief Williams and I support having 2 Captains if that is the way he wants to lead this organization. Mr. Bollas: So, there was a motion and a second and we are just wrapping up discussion. So are there any other comments for discussion on the proposed amendment. Mr. Bozic: Point of order. Just to clarify a vote of no is a turning down of the change of the amendment and a vote of yes is agreeing and accepting the amendment; correct? Mayor: Correct. Roll Call: Mr. Sisak – no, Mrs. Allman – no, Mr. Bollas – no, Mr. Bozic – yes, Mrs. Gutman – no, Mrs. Kilway – no, Mr. Loughry – no. The proposed amendment was declined by a vote of 1-6. Mr. Bollas: Now we have Ord. 2022-79 Tracked. Mrs. Kilway: I move for the adoption of Ord. 2022-79 Tracked. Seconded Mr. Sisak. Roll Call: Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak – unanimous. Ord. 2022-79 Tracked is adopted by a vote of 7-0. Mr. Bollas: Is there anything else to come before Personnel this evening? I close committee. 7. Community Input: Pres. of Council: This is the time in the meeting when anyone can address Council on anything that is not on our agenda this evening. Is there anyone in the audience that would like to do that? Seeing none, let’s move on to Item 8. 8. Agenda Additions: None. 9. Reports of Administrative Officers: a. Mayor/Director of Economic Development: Thank you. I will be very brief. • JEDD – The Aldi’s has moved their opening date until the end of February. The lot beside it that everybody keeps asking about. I will say that they are working with a restaurant, but they are not at this time willing to disclose the name of that restaurant. • Beef O-Brady’s is closing their doors, but the good news is the owners of Beef O’Brady’s is opening in the same location as the Basement. • The 40 acres behind Kohl’s that abuts Tallmadge Hills, Brimfield was gifted that 40 acres as long as they would make it into a park. So, Tallmadge Hills will be protected from any development, but it will be a parkland and it will take a long time for them to develop that. Pres. of Council: Will there be any discussion about Tallmadge Hills being able to access that? Mayor: There are a lot of wetlands back there behind Tallmadge Hills. There is a lake back there and they want to clean out the lake and make it like a paddle boating or something back in there with some trails. 12  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 • You saw the sign that Pool Town was sold. The signature is not on the line so I can’t announce but I will say that it will require some building changes. Unfortunately, Pool Town is currently zoned I-1, industrial. That is really not an industrial spot. The person that wants to go in there is more of a commercial operation so it will require some moving around a little. Mr. Sisak: The building sold but not the business? Mayor: They retired. Mr. Sisak: I just wanted to make sure the store front was sold. I didn’t know if they sold the business. Mayor: No, they retired. • Mayor: Then I have to end with the Fire Department. As you can see the Fire Station there it looks pretty complete except for the Vis queen and the garage doors. We are still having problems receiving those garage doors. I will say there is some litigation going on. The Law Director is heavily involved in the process between the five different lawyers and the four different companies. I will say that Thomarious is willing to put up temporary garage doors so we can get occupancy, temporary occupancy. We are still waiting to go down that path. End of report. Mr. Bollas: Does that then mean that there is no more need for the temporary generators that were proposed. Mayor: We will see who comes first. The backup generator is supposed to be shipped on December 20th. If the doors were installed, we would have had the backup back-up generator. So, the big generator to handle most of the building is not due to be shipped until the 20th, but there is a means to put a backup to that generator in case the backup generator failed. We are not authorizing them to release that because the doors aren’t here so hopefully the doors and the backup generator come in together. Mr. Sisak: A status on the Director or Economic Development vacancy? Mayor: We are interviewing a few folks right now. My goal is after the first of the year. b. Director of Public Safety: Just two quick things. • The Police Department has been involved in active shooter and search training in the MRDD building. It is excellent training and I just wanted to make sure everyone knows how well that they do, not only in conducting the training but being students. They are doing an excellent job and you need to know that. • The Fire Department spent all day Friday and Saturday morning at a fire in Kent. There is a building there called Star of West Mill, historic old building that basically went up in flames and our new ladder truck was there for all of Friday and some of Saturday morning. Again, the new Chief recognized the quality of their work; they changed shifts multiple times, and they swapped out personnel and again did an excellent job for our neighboring communities. End of report. c. Director of Public Service: No report other than we are on schedule with the leaf season pickup. We are actually probably ahead of schedule right now. We did finish the second round in District 2, and we have gone back in 3 and 4, but we are not done because that is the schedule so we will still be working in the next two weeks. However, we have gotten rid of the temporaries. Their last day will be tomorrow and then the trucking is done as well. We are strictly using vacs at this point. d. Director of Finance: Good evening. Everyone received my written reports. I did remind you of the re-appropriation coming up later and we can discuss that when we are in the Finance Committee. If anyone has any questions, I will be glad to answer them. e. Director of Law: No report. Mr. Bozic: I just want to say thank you to the Dir. of Law for making that clarification on the Robert’s Rules. I do appreciate that, and I appreciate you letting our legislative body act in a way that holds true to the meaning of what our City Government should be and 13  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Mr. Bozic (Cont’d.) allowing us to openly discuss differences of opinion and to bring up amendments so I do appreciate you allowing that and thank you. 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. 1st Readings of Ordinances and Resolutions A. Ord. 2022-85 – Amending Ord. 74-2016 approving and granting a condi- tional zoning certificate for Village at Town Center Phase 4 and amending Partial Phase I to applicant Testa Enterprises, Inc. on behalf of owner VTC Development, LLC for Parcel Number 6000310 (North Ave.) and Parcel Numbers 6010466 and 6010467 of 100 North Avenue. Sponsor: Carol Kilway Mrs. Kilway: I call the Planning & Zoning Committee to order. We do have Ord. 2022-85. The ordinance was read into the record. This just came in front of Planning & Zoning last week and it was just read into the record. So, at this time there is really no action from us except to give it a reading. Mr. Sisak: Madame Chair, where are Phase 2 & 3? Do we know because I know there are other buildings in their original plan, and it sounds from what I read that it was just to fill the use of the current building and rework it. Dir. of Law: No, so the rest of them are considered completed and so Phase I was that and Phase 2 is the dental and Jimmy John’s and Phase 3 is the Summa building and Phase 4 would be that empty area that is still there and then they are amending a portion of Phase 1 and then also doing Phase 4 which is that other empty area. Mr. Sisak: OK, so the empty area and then reworking the first phase . . . the first phase, the open commercial space; they are going to redo into it sounded like apartments? Dir. of Law: They are asking for apartments in the main building that is already built and then also the multi-family in Phase 4. Pres. of Council: What about the top floor? Dir. of Law: There is no change to that. Right now, my understanding is that that is still market rate and then it ended up being apartments. Mr. Bollas: Just as a point of clarification, this is going three readings and there is a public hearing on January 5th. Is that correct. A public hearing by Planning & Zoning on January 5th? Dir. of Law: That is correct. Then it comes back to you. So, it will still be in front of you. It will be at 2nd Reading in January, and you will have a recommendation from Planning & Zoning at that point and so typically you would incorporate whatever recommendation and then it would go to 3rd Reading at the end of January where you take action one way or the other. Mrs. Kilway: So, we will just give this a 1st Reading. Is there anything else for Planning & Zoning at this time? No one responded. I will close committee. ii. 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. 3rd Readings of Ordinances and Resolutions 14  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 A. 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 appro- priating additional necessary funds and providing for immediate enactment. Sponsor: Mayor Kline Mr. Sisak: I call the Finance Committee to order. We have Ord. 2022-80 at 3rd Reading. The ordinance was read into the record. I would like a motion please on this. Mrs. Kilway: I move for the adoption of Ord. 2022-80. Seconded Mrs. Allman. Roll Call: Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman – unanimous. Ord. 2022-80 amended is adopted by a vote of 7-0. ii. 1st Readings of Ordinances and Resolutions A. Ord. 2022-86 – Appropriating amounts and reducing appropriations in various funds and providing for immediate enactment. Sponsor: Dir. of Finance Gilbride Mr. Sisak: Next we have 1st Reading of Ord. 2022-86. The ordinance was read into the record. Dir. of Finance: What I went ahead and did was we had three departments actually who just being smaller departments we are not kind of able to withstand some of the bonus that we passed which we knew was not budgeted and some changes in health insurance coverage throughout the year that were not budgeted for and so we just had some minor departmental changes for Zoning, Garage and our Historic Church Department and because we had other departments that had either not filled some positions or some of their positions were redirected into those mainly the Historic Church, the Rec Center uses some of their custodians out there and were trying to charge the departments as we are using them and so those custodians are charging at the Historic Church so we were able to redirect some of those budgeted numbers from those departments to cover the overages and the other so that the net effect of this ordinance is actually a zero increase in appropriations in the General Fund. It is just a movement of appropriations throughout the departments. Mr. Sisak: Can I get a motion on this? Mrs. Kilway: I move for the adoption of Ord. 2022-86. Seconded Mrs. Allman. Mayor: Mr. Chairman I would just like to recognize all of our department heads. You know we have close to a $35 million budget. Everybody worked within their means, and we did a lot of good stuff throughout the City so congratulations to all and the Finance Director. Roll Call: Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughery, Mr. Sisak, Mrs. Allman, Mr. Bollas – unanimous. Ord. 2022-86 is adopted by a vote of 7-0. B. Ord. 2022-87 – Authorizing the appropriation of funds for purposes of the Fire Station Construction Project and providing for immediate enactment. Sponsor: Mayor Kline Mr. Sisak: We also have Ord. 2022-87. The ordinance was read into the record. Mayor: We applied for funds to demo Station 2 and we did receive funds from the land bank, and it is a 50% grant and so the land bank would pay up to 50% of the demolition. That is a guarantee, and you have to spend the money and then get reimbursed. The better grant that is out there that we are also looking to combine with that is the State grant. The same grant that we applied for the Summit DD building we applied for the fire station. We have been asked for several documents for the fire station and so it looks like it is forthcoming and that again is a reimbursement grant. We thought that we applied for those grants back in July, or so it is advancing the money for the demo for Station 2. Mrs. Kilway: So, basically what I hear from Mayor Kline is this is an ordinance to appropriate $30,000 but then we are guaranteed to get $15,000 back with the potential of 15  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Mrs. Kilway (Cont’d.) the rest from the State. Mayor: Up to 50% of the demo cost. Mrs. Kilway: So, if the demo cost $30,000; we would get $15,000? Mayor: Right. Mrs. Kilway: I move for the adoption of Ord. 2022-87. Seconded Mrs. Allman. Roll Call: Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic – unanimous. Ord. 2022-87 is adopted by a vote of 7-0. iii. 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. Mr. Bollas: I call the Personnel Committee to order. We have no legislation before us this evening. Is there anything from the Council or the Administration? Mayor: I would just like to recognize our Chairman of the Civil Service Commission. Mr. Naso, thank you for your service as the Chairman of the Civil Service Commission. Mr. Bollas: Any other comments or questions? Thank you, I close committee. i. 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. i. 3rd Readings of Ordinances and Resolutions A. Ord. 2022-81 – Tracked Amended Exhibit 12-8 – 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 Ord. 2022-81 before us at 3rd Reading. The ordinance was read into the record. Can I have a motion to adopt this ordinance? Mayor: You have an amendment. Mrs. Gutman: Can I have a motion to amend this? Mr. Bollas made a motion for the amendment to Ord. 2022-81. Seconded Mr. Bozic. Mrs. Gutman: Is there any further discussion. I know that we have talked about this extensively. Pres. of Council: There have been several changes, but I wanted to acknowledge Mrs. Gilbride from our last meeting. I had always been saying resident, non-resident when in my mind I was thinking tax payer, non-tax payer and Mrs. Gilbride brought that to our attention in that we have employees and businesses in our City that pay income tax to the City and they live elsewhere and so by no means did I mean that they should not be able to get the same benefit that our residents get, but just philosophically I believe that those that don’t pay should not get things for the same price as those of us that do. So, again, I also said that there could be discussion on what those differences in amounts may be, but I just wanted to acknowledge Mrs. Gilbride’s point. Mrs. Gutman: Thank you. 16  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Mr. Bollas: Yes, I just wanted to say thank you to the Parks and Rec Department and Mr. Rorar for just going through and being accepting for my proposal for the Veteran’s discount. I think that is a great thing for the City. I look forward to seeing the data as we kind of throw that out. Mrs. Gutman: Any further comments or discussion? If not, Madame Clerk please call the roll. Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman – unanimous. Ord. 2022-81 is amended by a vote of 7-0. Mrs. Gutman: Do I have a motion to adopt? Mr. Sisak: So moved. Seconded Mr. Loughry. Roll Call: Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway – unanimous. Ord. 2022-82 is adopted by a vote of 7-0. Is there anything else for Community Issues? Hearing none, I will close committee. ii. 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. Mr. Bozic: I will open the Safety Committee. We currently have no legislation in front of us so I will open it up for any additional items from Council or the Administration. Hearing none, I will close 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. i. 1st Readings of Ordinances and Resolutions A. Ord. 2022-84 – Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the Lions Park Tennis/Pickleball Courts Resurfacing Project and providing for immediate enactment. Sponsor: Dir. of Pub. Service Rorar Mrs. Allman: I call the Public Service Department to order. We have Ord. 2022-84 at 1st Reading. The ordinance was read into the record. Dir. of Pub. Service: So, this was part of the ARPA Funds and I was in hopes that we could get the tennis courts done in the fall. The timing of it was poor. The weather got cold faster than I thought and then we were flirting with that $50,000 mark where we would have had to go out for bid. It wasn’t clear and so I thought we would just scuttle that idea and just go out to bid. What I would like to do is normally I would throw that on the paving program but I would like to get these tennis courts paved as soon as possible in April or May. Mrs. Allman: Is there any discussion? Pres. of Council: You don’t need 1st Reading adoption right Mr. Rorar? Dir. of Pub. Service: When do we meet again? Pres. of Council: January 12th. Dir. of Pub. Service: It would be nice. Mr. Bozic: I make a motion for the adoption or Ord. 2022-84 at 1st Reading. Seconded Mr. Loughry. 17  COUNCIL MEETING Council Chambers @ 7:00 p.m. December 8, 2022 Mr. Sisak: Is there a group purchasing program with the Pickleball Association or anything? Dir. of Pub. Service: Not that I know of. Roll Call: Mr. Sisak, Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry – unanimous. Ord. 2022-84 is adopted by a vote of 7-0. Is there anything else for the Public Service Committee? Hearing none, I close committee. ii. Additional Items: None. 11. Reports of Special Committees: Pres. of Council: Mrs. Conti and Mrs. Burton and I met this week just basically to review the whole year of what worked well and what we can maybe tweak for next year. We also talked about some goals and objectives and basically it is going to be a continuation of cross-training and getting a Procedure Manual put together. It’s basically to make sure that we are all on the same page on how we do something in case someone is absent for an extended period of time. I want to thank them. They do a tremendous amount of work behind the scenes that no one sees, and they have been very beneficial to me this year and I am sure they have been helpful to you all as well. So, I appreciate what they do for us. a. Council Operations Committee i. Additional Items 12. Announcements: Our next meeting will be January 12, 2023. Mr. Bollas: Yes, regarding Council operations, I just wanted to do a quick review. Overall, the live streaming implementation; I just want to thank Dove and Justin of IT and the Administration and the Mayor for approving the budget for that. It has really shown the quality that is being provided. I know all of us have had a chance to really watch those meetings and it is a first for the City and it was just absolutely implemented and I think I can speak for all of us in saying that I am very impressed and in the future I just wanted to say that we are looking at upgrading these monitors here so we can all see them and read them and then the wireless mikes; they are being ordered. I was told there is a backlog and so I need to have a follow-up I need to have with the Finance Director around the purchase of those, but overall, I think it was a great year for the Council Office and the live streaming. So, thank you. 13. Adjournment: Mr. Sisak moved to adjourn. Seconded Mrs. Kilway. Roll Call: Mrs. Allman, Mr. Bollas, Mr. Bozic, Mrs. Gutman, Mrs. Kilway, Mr. Loughry, Mr. Sisak – unanimous. The Council meeting of 12-8-22 adjourned at 8:59 p.m. sb Adopted: ______________________________________ ______________________________________ Susan E. Burton, Clerk of Council Dennis K. Loughry, President of Council 18