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City Council Regular Meeting

Regular Meeting

Tallmadge, OH · May 23, 2024

AgendaMinutes

Minutes

COUNCIL MEETING Council Chambers @ 7:00 p.m. May 23, 2024 1. Call to Order: Vice Pres. of Council: It is Thursday, May 23, 2024, and this is our regularly scheduled 7:00 p.m. Council meeting. 2. Opening Prayer: Pastor James Case, Tallmadge Lutheran Church. Pledge of Allegiance: Mayor Kilway lead the Pledge of Allegiance. 3. Roll Call: Vice Pres. of Council Bollas, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino – present. Mr. Bozic was excused. 4. Correcting and Adopting the 5-9-24 Council Minutes. Mr. Pavlik moved to adopt the 5-9-24 Council meeting minutes. Seconded Mrs. Gutman. Roll Call: Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Vice Pres. of Council – unanimous. The minutes from the 5-9-24 Council meeting were adopted by a vote of 6-0. 5. Financial Reports: None. 6. Public Hearings: None. 7. Community Input: Vice Pres. of Council: This is the point in the meeting where anyone in the audience can address Council on any issue that is not on the agenda. Is there anyone who would like to address Council? Marie Lavender, 283 Greenhill Drive, Tallmadge. I came on behalf of the neighborhood, and I just wanted to find out information on Tallmadge’s leash laws and how they are enforced. We have had four dogs’ attacks, well actually I take that back, we have had 3 dog attacks, and a child was the last one. We reached out for assistance but the community has not found out any information on what has taken place as far as any, I don’t want to say discipline, but there hasn’t been any results obviously because this started in April and the last attack that I am aware of was between the 13th and 14th of this month. The dogs are pretty . . . they are severe attacks, and they are out of the owner’s yard and the first attack was 3 dogs on 1 and the other three have been just 1 canine. But there are a lot of us; I walk at night; I walk really early in the morning, and I am not able to lift my dog. We have some people that are elderly or maybe have some other disability and so people are carrying mace and sticks and you know, we don’t want to have to do that in our small area. We have over 35 homes with dogs and we just would like to get some support. The neighbors have reported to the Police after the second attack to find out what we should do as the neighborhood and they were basically told that we need to take a picture of the dog off leash in another yard, but this is happening when the other dogs are either in their yard on leash or when they are being walked and you know it is a little hard to juggle a phone when you are trying to protect your pet or two kids were involved that were walking the dogs as far as college students and so they are not going to be thinking about taking a photo. So, I don’t know if you guys have heard it. I tried to reach out through texts on the 14th and we were told some information may have been given to the Mayor around the 13 th at an event or something that wasn’t something that was directly from me, but we would just like to get some attention on this matter. Mayor: Yes, I did have a conversation with one of your neighbors and he did inform me of everything that has happened. I have been in contact with our Police Chief and they do have all of the events looped together and there is a directive to keep an eye on it too, but as I think you were told, if you see these dogs off leash, please let our Police Department know so that they can come out. It is kind of a hard thing you know, if they get a phone call the day after it happens and so as soon as you see it happening, please call our Police Department. You can call the non-emergency number or even just call 911 to dispatch and let us know when the dogs are out. They are going to be increasing patrols in the area as well too. Mrs. Lavender: Is that something too that we need to be aware of taking photos then if we are able to do so. Mayor: If you are able to, yes, that would be great too. 1 COUNCIL MEETING Council Chambers @ 7:00 p.m. May 23, 2024 Mr. Pavlik: I have a question. Is it the same dog or was it multiple dogs? Mrs. Lavender: The first attack was 3 dogs from one residence and then one of those dogs for the other 3. So, it is the same residence for all 3 dogs. Mr. Pavlik: Ms. Raber, can a letter be sent to the homeowner? Dir. of Law: Yes, I don’t know what the status of this particular matter is so I can look into it. Vice Pres. of Council: Thank you very much for coming in this evening and we will be looking into it. Mrs. Lavendar: Thank you. Vice Pres. of Council: Is there anyone else who would like to speak on an item that is not on the agenda before we move on? No one responded. 8. Agenda Additions: Vice Pres. of Council: This evening we have a presentation of a Certificate of Appreciation to George P. Matthews by Councilman Pavlik. Mr. Pavlik: Back in January when Council President Adam Bozic asked us Council members to recognize a community member I immediately thought of George Matthews. George resides in Tallmadge, and I can give you his address, but you would shrug your shoulders and say, I know about where he lives, or I know the development he lives in, but I wouldn’t know the exact house. But if I would tell you that it is the house with the Christmas lights, you would say yes, I know exactly where that house is. I happen to live across the street from George. George begins his Christmas setup in July. Let me repeat that, he begins his Christmas setup in July. He truly brings the phrase, “Christmas in July” to life. Early in October you will find him out in the yard with his car door open listening to a college football game on a Saturday or unfortunately listening to a Steelers football game on Sunday. From sunup to sundown, he is out there every weekend after weekend leading up to Thanksgiving where he hopes to flip the switch weather permitting. During Covid when we were kept from celebrating with family members people would line the streets of Bentley Place as a way to get away to see something special. In 2020 and 2021 people would drive for miles to see the lights. It was common to average from 50 to 60 cars a night strolling through the neighborhood and on weekends sometimes close to 100 cars. When there was snow it only added to the breathtaking beauty as a way for them to escape for them to what is the new normal. A way to celebrate a holiday season when they couldn’t be with loved ones. The lights became a ritual for parents with young kids as they stopped to drop a letter in Santa’s mailbox or saw Santa dancing in the window. A father of a young family in Tallmadge told me he takes his kids on average 15 times to see the lights. He also said and I quote, “Who am I kidding; I enjoy the lights as well.” Even adults find the beauty and magic captivating the holiday spirit. The one year, poof. It was gone. That was 2022. No cars, no visitors; it was eerily quiet. Social media attempted their explanation; he moved away. It was the HOA’s fault. It was even the City’s fault. People complained and tried to wrestle with the logic of the lights having been there for almost 10 years were suddenly gone. The overall sentiment was that people missed George’s light display and hoped that one day it would be back. After commenting on some of the awkward reasons as to why the lights were gone, I ran into George on a late fall day in 2022 and I asked him if he could put something up merely to prove that it was not the HOA or the City’s doing. I even offered to help with some of the other neighbors. That’s when he explained the long and tedious process starting in July and working about every weekend until Thanksgiving. I explained that the neighborhood was just too quiet. It wasn’t the same. Other neighbors and myself actually missed the traffic and seeing the cars line up to the entrance to see the lights. We truly missed the magical spirit it brought. After a few days passed, George did reach out to me and he said my comments along with the over outpouring support from social media, not all comments are bad, got him reinvigorated in bringing back the light display. He took to social media and said expect something bigger and better in 2023 and let me tell you he fulfilled that promise. The cars came back, the 2 COUNCIL MEETING Council Chambers @ 7:00 p.m. May 23, 2024 Mr. Pavlik (Cont’d.) traffic came back and the magical spirit of the Christmas season came back as well. They say you never appreciate something until it is gone. When the lights left, it felt that the Christmas spirit was gone as well. George, I want to personally thank you for your time, talent and treasure for making your lights one of the best, not only one of the best in Tallmadge, but one of the best in Northeast Ohio. Your dedication and commitment offer so much joy and happiness to the families of little ones and yes, even adults. I know this is something special you hold near and dear to your heart and we are grateful to have you as a resident in this wonderful City. With that I offer you this Certificate of Appreciation for your outstanding commitment and dedication to the City of Tallmadge. Thank you. Mr. Matthews: Good evening, everybody. I appreciate the invite tonight and the very kind comments; thank you Don. Elizabeth and myself have been doing this as Don said for 10 years. Actually, it has been 20 years at my previous house that I started doing Christmas lights with my son and he continues to help us when he can. He is a new father so we will start the new cycle all again. We were very happy to bring the Christmas lights back this year and we hope everybody enjoys it. We enjoy probably, if not more than everybody else, not only getting to see them but as you said all the people who come by and we get to meet, from adults to children to special needs children and so many people that we have come by over the 10 years. It is more like 100 cars every 15 minutes. I have a clicker and that is on the weekdays. I appreciate the neighborhood help not only in setting the lights up and helping take them down and really just dealing with all of the traffic and even some of the stuff that comes with it. Like Don said, when we quit doing it we thought it was going to alleviate some other issues with some neighbors but actually the bigger picture at the end of the day was all of the people who really wanted the lights and they were glad we brought them back and we will continue to put them up and do this as long as I am physically capable because like I said it takes weeks, months . . . I am almost done from taking them down from last year. I should be done here in the next couple weeks. Everyone asks why I don’t leave them up, but the sun kills them, and the animals get them, and I have tried it, and it doesn’t work, otherwise, I would. But thank you so much. I appreciate it and we look forward to you enjoying them with your families for years to come. Thanks. 9. Reports of Administrative Officers: a. Mayor/Director of Economic Development Mayor Kilway: Thank you. • I would like to thank Mr. Matthew’s and his family for the wonderful display of lights that we all get to enjoy every year, so thank you very much for that. • I also want to congratulate . . . there are several of our Tallmadge athletes who have qualified to go to the State with us next weekend. • Also, I had my “After Hours with the Mayor” today and we did have some community members to come and speak with me and it is always great to hear from them and hear their concerns and just to meet people in the City. • On the economic development side, we are continuing to do business retention meetings and we are going out and visiting the area businesses. I was honored to be able, as being a member of the Portage Development Board, I was able to go to their Locate, Stay and Grow Awards this last week. We did have a Tallmadge business that did receive a Grow Award and we also had another business in the JEDD that received another award. Their business is in the JEDD but they are Tallmadge residents so that was very nice to see that 2 out of 15 businesses were here in Tallmadge. • Just a quick little update from Portage County and the JEDD. I know that Council is always wondering what is going on. I had reported previously that there is a VA project that is going to be going in and that is still on track. Just letting you guys know and Jack’s Pizza did open up over in the Cascades area over where the barbecue place used to be. • Maca Pool is going to be open this Friday for members only from 4:00 p.m. to 8:00 p.m. So that is the first opening and then the season starts on Saturday, May 25 th. 3 COUNCIL MEETING Council Chambers @ 7:00 p.m. May 23, 2024 • We are still working with the Wheelchair Basketball State Champions to get them in here for Council to do a resolution. • Memorial Day is on Monday. Just to remind Council that step-off is at 10:00 a.m. so please be at the OLV if you want to walk with the Administration. Oh, I’m sorry, it is at the Hole. • We are continuing to work on the Circle Fest and Light Parade which again is August 10th. • I was also honored to attend the 150th Anniversary of the Akron Summit County Public Library specifically our Tallmadge branch and had a nice dinner last week and I was able to present them with a proclamation to celebrate their sesquicentennial. • Also, I was able to accompany Firefighter Sandy to some annual safety training over at 485 South Avenue so it is just another great example of what our fire education does is to help out seniors and make sure that they are able to do the right thing to put out fires and if there is an alarm and so forth what to do. • Last week our Tallmadge High School seniors did have their community give-back day so they came and met at Memorial Park and then split up into groups and helped our City out and they weren’t able to do painting but they were able to help with a lot of park improvements and cleaning and the cemetery also. • I was able to join our Superintendent Steve Wood to watch him congratulate the seniors during their senior graduation parade and that was really fun to see. • I also want to thank the Tallmadge Lutheran Church for the Annual City of Tallmadge Appreciation Lunch and that was last week. Unfortunately, I was not able to attend because I was doing some new Mayor’s training and part of that training I did realize what a wonderful situation we are in here in Tallmadge with this ability that we have and the amazing team that was put together by the former Mayors to do the work here in Tallmadge. I am very blessed to walk into this situation and so again I would like to thank Mayor Kline for all that he has done for our City. • The only other thing that I do have is we will be asking for 1st Reading adoption of Ord. 2024-43 and we will get into that when it comes up on the agenda. Any questions? b. Director of Administration/Director of Safety Mr. Ignazzitto: Thank you Councilman Bollas, fellow Council members, Administration, Mayor, Dir. Raber and Finance Director Gilbride and fellow members of the Administration and most importantly members of the community who call Tallmadge home. It is a great honor to be back in the City working again. My wife, Karen and I were residents of Tallmadge for 9 years in the past before I went on active duty in the Army, and we are truly looking forward in the near future to moving back to the City and coming full circle. I look forward to collaborating with Council, the Mayor and fellow members of the Administration, local businesses, and civic organizations to enhance our community. Together we can make Tallmadge an even better place to work, live and call home. As the Mayor said, previous administrations have set us up on a fantastic path and what we would like to do working with Council and those folks on economic development improving City services, enhancing the quality of life, improving both internal and external communications and being fiscally responsible stewards of the taxpayers money. Reflecting on the remarkable accomplishments of the last 20 years, I am eager to move forward together with this community. This is indeed an exciting time to live in this community and be a part of this government. My 9 years in the pentagon tackling complex issues have underscored the importance of teamwork, partnership and open communication. With these skills and working together as a team I know we can move forward to advance the community and achieve our common goals. I am excited about the Mayor’s initiative to develop a new strategic plan, 4 COUNCIL MEETING Council Chambers @ 7:00 p.m. May 23, 2024 Dir. of Administration: actually the first strategic plan for the City that will guide us roughly from 2025 to 2030. We have begun initial discussions with potential organizations to partner with us and while we are still developing it will help us with this and we know that it will be created from input from our Council members, from our residents, business leaders, civic leaders, City employees and bringing the whole community together with representatives of those groups. During our discussions with these potential organizations, we have heavily emphasized the importance of collaboration is key to success. When I say collaboration, it is bringing all those people together to look at where we are currently at and collectively determine where we want to take the City in the future and move it to the next level. As Mayor Kilway’s Dir. of Administration I look forward to working with all of you as we develop and implement this milestone and the first strategic plan. This past week we also began an exploratory discussion with potential organizations for grant assistance opportunities. The intent is to maximize the City’s potential to gain additional grants. The goal is to select a team to work with the City departments, the administration, our economic development partner, inSITE, with a common goal of finding grant opportunities and developing the grant applications. This is a long process and I would just caution everyone that sometimes the grants you might get quick, but as we all know, especially with East Avenue paving, you might get it and it is going to be 4 years before you get that, but more to follow on all of these topics. It is really an exciting time to be here and to be back. Thank you again and I look forward to be part of history moving forward. c. Director of Public Service: Good evening. Just 2 quick slides. Just so everybody knows, as the Mayor brought up, Monday is Memorial Day and that is the parade route right there and so it goes from Mack Burleson or the Hole, down West Avenue, actually it goes clockwise around the Circle to Southwest Avenue and ends up at the cemetery so pick your seats. Rain or shine. There is no rainout so this will occur whether it is raining or not. Also, Ord. 2024-42 is an MOU with the County. Remember last year we ran conduit and fiber from Brittain Road through Thomas, Commerce, Southwest Avenue, Nottingham, Overdale, up Kent, Allendale to Howe to . . . I think I got all of that and to the dispatch center and we ran an extra conduit for our purposes. As we were doing so, we were supposed to get an additional 24 vaults that are supposed to be ours and you can tell the right-of-way throughout the neighborhoods is very narrow and so we have shared the vaults. The County has their conduit running in that vault and we have our conduit running into that vault. What this MOU does is allows us to share access to those vaults. So, just so you know what that ordinance is about. You can see there in both of those pictures; where am I going to put the other vault; I am out of room. So, instead of hogging up more real estate off of the residents, we just decided to just share the vaults. That’s it for my report. Any questions? d. Director of Finance: Good evening. We are in the process of . . . the auditors have been in for several months and we should be through the process of wrapping up the audit here in the next few weeks. I say that because you could receive additional communication prior to the next Council meeting so if anybody has any questions about the audit and how that happens you can feel free to contact me or the auditors. They will also send out information and if you have questions on that you can ask as well. That’s all I have this evening and I’ll answer any questions if anybody has any. e. Director of Law: I just wanted to thank those members of Council who were able to participate in the webinar that we had the other day with regard to Adult Use Cannabis. For those of you who haven’t been able to do that, they did actually end up providing a link so I would ask that you take an opportunity to review that information if possible and also 5 COUNCIL MEETING Council Chambers @ 7:00 p.m. May 23, 2024 Dir. of Law (Cont’d.) the website that I sent. You do have before you tonight for 1st Reading a new ordinance that would be to extend the moratorium. That moratorium expires on July 25th and those regulations are just kind of finishing being promulgated. They are going to be effective the anticipated effective date is in June so we are kind of in that mid-cycle and what I didn’t want to do is not go ahead and start this conversation and so just because we do the extension of the moratorium does not mean that we cannot continue to have discussions as to what direction the City wants to go on that and I actually encourage you to do that as we had the discussions with regard to this ordinance I encourage you to get feedback and solicit feedback and I am hoping that the residents will participate as well so that we can really start to formulate which direction we want to go. We can talk about it a little bit more once we get to that ordinance as well, but that is a mission that we need to be actively looking at. 10. Reports of Standing Committees of Council of the Whole: a. PLANNING AND ZONING Mary Gutman, Chair Jessica Epstein, Vice Chair The Planning & Zoning Committee deals with land use, zoning, conditional uses, planning, economic and community development, and public property. Mrs. Gutman: I call the Planning & Zoning Committee to order. We have no legislation before us this evening. Does anyone have anything for Planning & Zoning? Hearing none, I will close committee. i. Additional Items: None. b. FINANCE Donald Pavlik, Chair Jonathon Bollas, Vice Chair The Finance Committee deals with budget, appropriations, reappropriations, bonds, franchises, investments, and expenditures. i. Third Readings of Ordinances and Resolutions. A. Ord. 2024-36 – Exhibit A – Exhibit A Tracked – Amending Ord. 109-2021 rates, charges, and fees for the Zoning Department and providing for immediate enactment. Sponsor: Dir. of Pub. Service Rorar. Mr. Pavlik: We have Ord. 2024-36 at 3rd Reading. The ordinance was read into the record. Mr. Rorar, do you have any comments, questions or anything else? Dir. of Pub. Service: Not unless there are any questions from Council. We have gone over this. This is the third time and so it is pretty simple. Mrs. Gutman: I would make a motion to adopt this ordinance. Seconded Mr. Roy. Roll Call: Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Vice Pres. of Council – unanimous. Ord. 2024-36 is adopted by a vote of 6-0. B. Ord. 2024-37 – Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into contract for miscellaneous repairs and remodeling of Fire Station 1 at 85 W. Overdale Drive and providing for immediate enactment. Sponsor: Dir. of Pub. Service Rorar Mr. Pavlik: Next we have Ord. 2024-37. The ordinance was read into the record. Mr. Rorar, do you have anything? 6 COUNCIL MEETING Council Chambers @ 7:00 p.m. May 23, 2024 Dir. of Pub. Service: So, myself and the Fire Department are still working on the specs. There again it keeps coming up on the front burner and then it drops down to the back burner so it is just one of those things that just hasn’t really been able to focus on and hopefully in the next 2 weeks we can pull together and get this thing out to bid. Mr. Pavlik: Ms. Raber, is this . . . can we leave this at 3rd Reading? Dir. of Law: Yes. Mr. Pavlik: Are there any comments or questions from Council? Hearing none, we will go onto the next ordinance. i. First Readings of Ordinances and Resolutions. A. Ord. 2024-43 – Authorizing the Mayor to apply for and accept, if awarded, the Hazardous Materials Training Grant through the Ohio Public Utilities Commission; and providing for immediate enactment. Sponsor: Mayor Kilway Mr. Pavlik: The next ordinance is Ord. 2023-43. The ordinance was read into the record. Mayor Kilway, do you have anything on this? Mayor: This is to apply for a PCO grant. This is something that our Fire Department would like to do. There is a timeline on when they can apply for this and get the grant and so I would just ask for 1st Reading adoption on this. It would pay up to $8,625. We would have to pay for it first and then the grant would reimburse it. This is just to apply for the grant. Mr. Pavlik: Are there any questions from Council? Mrs. Gutman: I would move to adopt. Seconded Mr. Rubino. Roll Call: Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Vice Pres. of Council, Mrs. Epstein – unanimous. Ord. 2024-43 is adopted by a vote of 6-0. Mr. Pavlik: Is there anything else for the Finance Committee? Hearing none, I will close the Finance Committee. ii. Additional Items: None. c. PERSONNEL Jonathon Bollas, Chair Donald Pavlik, Vice Chair The Personnel Committee deals with personnel, labor relations, insurance claims, Rules of Council and State Statutes. Vice Pres. of Council: Just a point of order question. Am I able to chair this committee? Dir. of Law: I think if we want to be very technical you can defer to Mr. Pavlik since you are chairing the meeting. Vice Pres. of Council: Alright. Mr. Pavlik, do you want to run Personnel Committee this evening? Mr. Pavlik: Sure. I call the Personnel Committee to order. We have no legislation before us this evening. Are there any questions or comments on the Personnel Committee? Vice Pres. of Council: Mr. Rorar, how are we doing on lifeguards this season? Dir. of Pub. Service: We are fully staffed, and we are looking for additional lifeguards in case people call off. Mr. Pavlik: Are there any more questions or comments? Hearing none, I will close the Personnel Committee. Thank you. i. Additional Items: None. d. SAFETY Nicholas Rubino, Chair Ted Roy, Vice Chair 7 COUNCIL MEETING Council Chambers @ 7:00 p.m. May 23, 2024 The Safety Committee deals with disaster services, communications, fire, and paramedics, police and health. Mr. Rubino: I call the Safety Committee to order. We have no legislation before us this evening. Are there any questions or comments for the Safety Committee? Hearing none, I will close committee. i. Additional Items: None. e. COMMUNITY ISSUES Ted Roy, Chair Mary Gutman, Vice Chair The Community Issues Committee deals with Parks and Recreation, civic affairs, and liaison between Council and the Recreation Board and intergovernmental affairs. i. First Readings of Ordinances and Resolutions. A. Ord. 2024-44 – Public Hearing on 6-27-24 @ 7:05 p.m. Extending the moratorium on acceptance of any zoning application for an adult use cannabis operator and providing for immediate enactment. Sponsor: Mayor Kilway Mr. Roy: We have at 1st Reading Ord. 2024-44. The ordinance was read into the record. There is a public hearing on June 27, 2024, at 7:05 p.m. This is sponsored by the Mayor. Maybe the Law Director would like to handle that. Dir. of Law: Sure. So, again as I mentioned earlier in the meeting, the moratorium that was put in place following early . . . it was actually earlier this year following the adoption of the State constitutional amendment which is going to expire on July 25th. We were kind of waiting to see what the regulations would be and kind of get some more information. The regulations are just coming out now and we need some time to analyze that and we need some time to put together a plan. We need time to solicit information from our residents now that we have more of a structure around what that is going to mean and what it is going to look like. So, what I would suggest is that we continue to move forward with this ordinance that would continue a moratorium for 6 months but in the process of looking at this ordinance we solicit input from our residents, we ask them to come in to talk on this matter as we are looking at this subject as to which direction we want to go and again this is only as it pertains to zoning which is carved out in the constitutional amendment to be allowed to be selected by the municipality and so we can decide whether we want the word, “operator” includes “cultivators”, “processors”, and “distributors.” Those are the three areas. We can also decide the number of each of those or we can say none of those. So, again all of those things are up to Council ultimately to decide and we need to know which direction to go before we . . . so we can draft an ordinance that would then come before you for an official vote, but I kind of need to know which way we want to take. Vice Pres. of Council: I just wanted to ask the Clerk, the public hearing has been set or are we setting it tonight? Dir. of Law: You will set it tonight, so you need to read it into the record and set it tonight. Vice Pres. of Council: OK. Mr. Pavlik: We have 2 establishments that are “grandfathered in” correct, or no? Dir. of Law: No. We have no marijuana or cannabis . . . we have no medical marijuana permitted. So, we are a municipality that currently has a prohibition on medical marijuana facilities and operators in our City. Mr. Pavlik: OK. Dir. of Law: So, that is the other piece of this if we decided to permit adult recreational 8 COUNCIL MEETING Council Chambers @ 7:00 p.m. May 23, 2024 Dir. of Law (Cont’d.) use, adult use cannabis, I would suggest that we would also take a look at the medical marijuana side of it and if we made a change to permit it, we need to at least take a look at that and maybe take a look at whether we would permit the medical marijuana as well. So, again, these are changes and then if we are looking at permitting it, where would we want to permit them and how would we want to permit them and all those sorts of things and so that is a longer process and a little bit more in depth. If you all are leaning towards not permitting them, then that is probably a quicker path, but either way we need a little bit more time to do this and so I would suggest that you can pass the moratorium and still be moving towards one direction or the other with regard to the ultimate decision. I would highly suggest that after this we . . . there not be any other additional extensions unless it is really an extreme situation, but right now I don’t foresee that so I would suggest that we need to get this done. Mr. Pavlik: It also sounded like from the webinar that the State wasn’t giving any licenses for a cultivator? Dir. of Law: What they said was that it will be about a 2-year window before they begin to do any licensing for any new cultivators or processors. Right now, they are only issuing additional licenses, new licenses for dispensaries. However, I think while we are addressing the subject, we should address and contemplate all three. So while we don’t anticipate this year that there is going to be, or even in the next 2 years that there is going to be any new processors or distributors, or I’m sorry, processors or cultivators, if that is something that we would want to do, I think you kind of look at it all as a total package and decide which of those things we would or would not want in our City. Does that make sense to everybody? Mr. Roy: Is there any other discussion? Do I have a motion? Dir. of Law: No motion, just a 1st Reading and we need to set the public hearing. So, you just announced that there is going to be a public hearing. Mr. Roy: So, the public hearing will be on June 27, 2024, at 7:05 p.m. Do we have any other additional items? If not, I will close Community Issues Committee. ii. Additional Items: None. f. PUBLIC SERVICE Jessica Epstein, Chair Nicholas Rubino, Vice Chair The Public Service Committee deals with streets, highways, sidewalks, buildings, and improvements: water, sewer, electricity, gas, energy resources, recycling, waste, and trash. i. First readings of Ordinances and Resolutions. A. Ord. 2024-42 – Exhibit A – Authorizing the Mayor to enter into an intergovern- mental agreement between the County of Summit and City of Tallmadge for maintenance of vaults and co-located fiber optic cables (Juvenile Court to PSAP Run) and providing for immediate enactment. Sponsor: Mayor Kilway Mrs. Epstein: I call the Public Service Committee to order. We have Ord. 2024-42 – Exhibit A before us at 1st Reading. The ordinance was read into the record. The sponsor is Mayor Kilway. Do you have anything that you would like to add to this? Mayor: I would defer to Service Director Rorar if he has any additional information, but I think this is something that we need to get going on as soon as possible. Dir. of Pub. Service: If there are any questions. I mean, there again, we have eliminated our vaults and shared a vault throughout the run for the City. Mrs. Epstein: Are you looking for 1st Reading adoption? Dir. of Pub. Service: No. No thank you. Mrs. Epstein: Is there any discussion on this item? Hearing none, we will leave this at 1 st Reading. Are there any other items? Hearing none, I close committee. 9 COUNCIL MEETING Council Chambers @ 7:00 p.m. May 23, 2024 i. Additional Items: None. 11. Reports of Special Committees: a. Council Operations Committee Vice Pres. of Council: Next up we will have Reports of Special Committees. This is the Council Operations Committee which I am the Chair. I have no additional items other than we are still waiting for the implementation of the new microphone upgrades. i. Additional Items: None. 12. Announcements: It is now 7:44 p.m. and we will go into Executive Session for the purpose of discussing Pending Litigation. Can I please have a motion? Mr. Pavlik: So moved. Seconded Mr. Roy. Roll Call: Mr. Pavlik, Mr. Roy, Mr. Rubino, Vice Pres. of Council, Mrs. Epstein, Mrs. Gutman – unanimous. Council adjourned into Executive Session at 7:44 p.m. Vice Pres. of Council: For those watching and those in the audience, we will go into Executive Session and then we will return to Council floor to finish the meeting. Dir. of Law: We will not take any action following the Executive Session. We will just come back to adjourn. Vice Pres. of Council: It is now 8:07 p.m. and we are back on Council floor. Can I get a motion to adjourn? 13. Adjournment: Mr. Pavlik moved to adjourn. Seconded Mr. Roy. Roll Call: Mr. Roy, Mr. Rubino, Vice Pres. of Council, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik – unanimous. Vice Pres. of Council: I have one announcement. Mr. Bozic wanted me to add in that R.W. Martin had a new flagpole installed to honor veterans and they are having a short ceremony tomorrow, May 24th at 11:00 a.m. Council is invited to join Mayor Kilway at this event. The Council meeting of 5-23-24 adjourned at 8:08 p.m. sb Adopted: ___________________ ___________________________________ ______________________________________ Susan E. Burton, Clerk of Council Jonathon Bollis, Vice President of Council 10

Agenda

THURSDAY, MAY 23, 2024 IN COUNCIL CHAMBERS 7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH All Council Meetings are Live Streamed Executive Session Re: Pending Litigation Prior to Adjournment of the 5-23-24 Council Meeting *********** 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: Pastor James Case, Tallmadge Lutheran Church. Pledge of Allegiance: 3. Roll Call: 4. Correcting and Adopting Previous Meeting Minutes: 5-9-24 Regular Meeting Minutes 5. Financial Reports: 6. Public Hearings: 7. Community Input: 8. Agenda Additions: Certificate of Appreciation presentation to George P. Matthews by Councilperson Pavlik 9. Reports of Administrative Officers: a. Mayor/Director of Economic Development b. Director of Administration/Director of Safety c. Director of Public Service d. Director of Finance e. Director of Law 10. Reports of Standing Committees of Council of the Whole: a. PLANNING AND ZONING Mary Gutman, Chair Jessica Epstein, 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 Donald Pavlik, Chair Jonathon Bollas, Vice Chair The Finance Committee deals with budget, appropriations, reappropriations, bonds, franchises, investments, and expenditures. THURSDAY, MAY 23, 2024 IN COUNCIL CHAMBERS 7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH Page 2 b. FINANCE (Cont’d.) Donald Pavlik, Chair Jonathon Bollas, Vice Chair i. Third Readings of Ordinances and Resolutions. A. Ord. 2024-36 – Exhibit A – Exhibit A Tracked – Amending Ord. 109-2021 rates, charges, and fees for the Zoning Department and providing for immediate enactment. Sponsor: Dir. of Pub. Service Rorar. B. Ord. 2024-37 – Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into contract for miscellaneous repairs and remodeling of Fire Station 1 at 85 W. Overdale Drive and providing for immediate enactment. Sponsor: Dir. of Pub. Service Rorar ii. First Readings of Ordinances and Resolutions. A. Ord. 2024-43 – Authorizing the Mayor to apply for and accept, if awarded, the Hazardous Materials Training Grant through the Ohio Public Utilities Commission; and providing for immediate enactment. Sponsor: Mayor Kilway iii. Additional Items: c. PERSONNEL Jonathon Bollas, Chair Donald Pavlik, Vice Chair The Personnel Committee deals with personnel, labor relations, insurance claims, Rules of Council and State Statutes. i. Additional Items: d. SAFETY Nicholas Rubino, Chair Ted Roy, Vice Chair The Safety Committee deals with disaster services, communications, fire, and paramedics, police and health. i. Additional Items: e. COMMUNITY ISSUES Ted Roy, Chair Mary Gutman, Vice Chair The Community Issues Committee deals with Parks and Recreation, civic affairs, and liaison between Council and the Recreation Board and intergovernmental affairs. i. First Readings of Ordinances and Resolutions. A. Ord. 2024-44 – Public Hearing on 6-27-24 @ 7:05 p.m. Extending the moratorium on acceptance of any zoning application for an adult use cannabis operator and providing for immediate enactment. Sponsor: Mayor Kilway ii. Additional Items: f. PUBLIC SERVICE Jessica Epstein, Chair Nicholas Rubino, Vice Chair The Public Service Committee deals with streets, highways, sidewalks, buildings, and improvements: water, sewer, electricity, gas, energy resources, recycling, waste, and trash. 2 THURSDAY, MAY 23, 2024 IN COUNCIL CHAMBERS 7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH Page 3 PUBLIC SERVICE (Cont’d.) Jessica Epstein, Chair Nicholas Rubino, Vice Chair i. First readings of Ordinances and Resolutions. A. Ord. 2024-42 – Exhibit A – Authorizing the Mayor to enter into an intergovern- mental agreement between the County of Summit and City of Tallmadge for maintenance of vaults and co-located fiber optic cables (Juvenile Court to PSAP Run) and providing for immediate enactment. Sponsor: Mayor Kilway ii. Additional Items: 11. Reports of Special Committees: a. Council Operations Committee i. Additional Items: 12. Announcements: 13. Adjournment: sb 3

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