City Council Regular Meeting
Regular MeetingTallmadge, OH · September 12, 2024
Minutes
COUNCIL MEETING
Council Chambers @ 7:00 p.m. September 12, 2024
1. Call to Order:
Pres. of Council: It is Thursday, September 12, 2024, and this is our regularly scheduled 7:00
p.m. Council meeting.
2. Opening Prayer: Fr. Mike Matusz, Our Lady of Victory Church, Tallmadge.
Pledge of Allegiance: Girl Scout Troop 90673 led by Troop Leader Emily Bush.
3. Roll Call: Mr. Bollas, Mr. Bozic, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino –
present.
4. Correcting and Adopting Previous Meeting Minutes:
8-22-24 Council Meeting Minutes
Mr. Pavlik: So moved. Seconded Mr. Bollas. Roll Call: Mr. Bozic, Mrs. Epstein, Mrs. Gutman,
Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas – unanimous. The 8-22-24 Council meeting minutes
were adopted by a vote of 7-0.
5. Financial Reports:
• Fire & EMS Fund Transfer in the amount of $235,000, Street Maintenance & Repair Fund
Transfer in the amount of $240,000, Bond Retirement in the amount of $100,000 and
Upson Rasp Historic Preservation in the amount of $4,299.50 to Council on 8-29-24.
• Appropriation Report, Fund Report and Revenue Report for the period ending 8-31-24 to
Council on 9-6-24.
• August Financial Reports to Council on 9-6-24.
• Tallmadge Recreation Center Profit and Loss Report for the period ending 8-31-24 to
Council on 9-6-24.
• Income Tax Comparisons for the period ending 8-31-24 to Council on 9-6-24.
• Consolidated Investment Report for the period ending 8-31-24 to Council on 9-6-24.
• Income Tax by Source Report for the month of August to Council on 9-6-24.
• Revenue Comparisons for Major Funds for the period ending 8-31-24 to Council on 9-6-
24.
Mr. Pavlik moved to accept the financial reports. Seconded Mrs. Epstein.
Mr. Bollas: The Historic Preservation, can you explain what that is?
Dir. of Finance: Yes, so those are funds that are donated to us by the Historical Society. Typically,
we do this when we do any type of improvement to Old Town Hall. So, they donated some money
to have some cameras put in over there and so the City is contributing since it is our building
technically and our property.
Roll Call: Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas, Mr. Bozic –
unanimous. The Financial Reports submitted by Dir. of Finance Gilbride were accepted by a
vote of 7-0.
6. Public Hearings: None.
7. Community Input: Steve Wood, Superintendent of Tallmadge City Schools – Presentation on the
Permanent Improvement Levy that will be on the November ballot. (The audio of his presentation
is on the website).
8. Agenda Additions: None.
9. Reports of Administrative Officers:
a. Mayor/Dir. of Pub. Safety:
Just a couple of quick little items.
• You should have been in receipt of the Safety Initiative from Chief Bohon earlier
this month and I did just receive the run stats from Chief Underwood as well and
so you should have that information in your e-mails.
• Just want to give you a couple of updates on our safety forces. Our Police
Department gave out letters of commendation to night shift Officer Cirullo, Trexler,
Carlson and Godown. They were awarded these letters of commendation for
capturing a suspect attempting to steal a car from a resident’s driveway on June
25th. The suspect fled on foot but was apprehended due to the officer’s teamwork
and communication.
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Council Chambers @ 7:00 p.m. September 12, 2024
• Also on the day shift, Officer Snyder, Svidron, Sgt. Heatwall and Tallmadge Fire
Department personnel, Fire Chief John Underwood, Deputy Fire Chief Ben Stasik
and Lieutenant Todd Beatty received letters of commendation from Chief Bohon
as well for their actions on August 9th in apprehending an escaped prisoner from
another jurisdiction, that is very important that that person did not escape from our
jurisdiction. The suspect fled into a residential area with wetlands and Sgt.
Heatwall coordinated the shift and worked with multiple agencies to establish a
perimeter while Fire Department including Fire Lieutenant Beatty deployed a drone
to assist in the search and their collaboration led to the successful capture of the
suspect.
• We also had an update from the Fire Department on August 24th that the
Tallmadge Fire Department quickly responded to a smoke report on Fernwood
Drive arriving within 4 minutes and 32 seconds; the fire was located in the attic and
was swiftly contained preventing further spread. They saved about $250,000 in
property and belongings. I would like to personally thank Battalion Chief Nick
Sampson, Lieutenant Joe Kline, Firefighters Grant Holcomb, Austin Hejduk, Taren
Mitchell, Brittany Tomei, Stewart Hunt and Deputy Chief Stasik for their
commendable teamwork. Mutual aid was also provided by Mogadore, Cuyahoga
Falls, Stow, and Akron.
• Very quickly, we had a couple of ribbon cuttings and re-grand openings. Zel
Lifestyle Collectives is adding a broader spectrum to their business and then we
also had the grand opening of Howe Road Park including the Dog Park.
• We just had our 911 remembrance that was yesterday.
That’s all I have for this evening. Are there any questions?
Pres. of Council: Thank you. Any questions for our Mayor?
b. Director of Administration/Economic Development:
Mr. Ignazzitto: Good evening, everyone. Just a couple of quick updates.
• A reminder that the West Avenue Overlay Community Engagement occurs on
September 17th at 5:30 p.m. The Mayor and Planning & Zoning supported by the
Department of Administration will host the West Avenue Community Engagement.
• Just a couple of quick notes. Budget talks continue and the first reading of the
ordinance should be October 24th and the tentative date for the Work Session for
the Budget with Council will be November 6th.
• Over the last couple of weeks, we have had a few economic development,
business retention and expansion visits. Tallmadge Collision: they have been
here in Tallmadge since 1988. We went to Herman Machine also and they are
over 105 years old. So, I didn’t realize that, but they moved into our City a few
years ago. We also had a visit to the Akron Children’s Pediatric office on Northwest
Avenue and so it was a great engagement with the businesses, and we continue
to look for opportunities to expand and improve West Avenue and the rest of the
City. Pending your questions, that’s all I have for this evening.
c. Director of Public Service:
Mr. Rorar: Good evening. Just wanted to discuss a couple of the ordinances that are up
tonight.
• So, Ord. 2024-56 is the grant, and it is a chance to get new equipment for salting
purposes and you can see there is a highlighted section where they are talking
about calibration of the salt spreading equipment and the big ones though are salt
storage. It would be great to have additional salt storage here. I would ask Council
if they could help us get this through 3 readings. It is a 100% reimbursable grant
and there is a match. The grant deadline is December 31st and this would
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• Dir. of Pub. Service (Cont’d.) be part of the 2025 budget and so just to give you
an idea, we are probably asking for about $400,000. The salt storage shed, or
barn would be about $350,000 and then the smaller equipment would probably be
around $50,000. So, it would be about $400,000 that we would budget for. The
chance of us getting the salt storage, I will be honest, probably won’t happen, but
we would probably score one small item.
• Ord. 2024-59 the Perry Road crossover replacement. As we know, we have
been dealing with this for a couple of weeks now. The slide to the left there is what
the crossover looks like. You can see there is separation going on. The slide to
the right, the contractor moved in this week, and he is potholing there, so he is
finding the other utilities. There are gas lines, sanitary lines and water lines there
that are crossing it. So, he is potholing and that is when you use a vac and water
to dig down instead of using an excavator. It is the safe way to do it. We are
looking at $19,500 for this replacement.
So, there was an uptick to it. We are looking at $92,000. So if you look at this
map where the crossover needs to be replaced, the residents on the north side of
that asked if we could enlarge it and we had our hydraulic engineer take a look at
it and you can’t go any larger than the next crossover downstream and that is the
white circle down there by Newton and that was significantly, well not significantly,
but somewhat larger and if we enlarge it we can help the residents out by about
20 cu. ft. per second more flow through the culvert and I think that is worth it. It is
the best we can do. So, it will be enlarged, and I think the residents will appreciate
that. So, this, as you know, is an emergency and I had asked for $119,000 be
passed this evening so we can move on that.
• So, this is Ord. 2024-60, and this is the Perry Road Crossover Replacement, and
we need the easements. Thankfully we had this engineered, so we knew we had
to get easements, and this is what is taking them so long. The residents were very
helpful, and they were onboard with this so tonight I am asking that Council pass
this ordinance to get the 4 easements there. You can see the highlighted sections.
They are small easements. 400 sq. feet might be the largest and 200 sq. feet
might be the smallest. We will extend the headwall out from the culvert and that
should help with the flow issues.
• Maca Park Restroom bid results. We had a bid opening and the engineer’s
estimate is $415,000 and you can see the prices there. $490,630 which is $75,000
over the engineer’s estimate. You know this is ARPA funds and you have about
$415,000 there and if we put this in the road paving this year because we have to
spend it by the end of the year and I don’t have time to put together another project
and I am not asking for $75,000. If we put the $415,000 into the road paving project
with the bid that we had and why don’t we talk about spending the $415,000 next
year on another project out of the General Fund if that makes sense? I mean, I
am out of time. I can’t do anything about it. So, just food for thought.
We all laugh at the prices of those restrooms; $500,000 that is crazy. But it is what
it is.
Pres. of Council: I think they heard you talk about it at the last meeting.
Dir. of Pub. Service: We were at $390,000 or something. So, that is my report.
Just to let you know, we are doing away; we are rejecting all bids. We are not
going to do it. Thank you.
d. Director of Finance: Thank you. Everybody received the Financial Reports. Nothing
exceptionally strange is going on in August. Pretty much similar to what I reported last
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Dir. of Finance (Cont’d.) month. If anybody has any specific questions, I will be glad to
answer them.
e. Director of Law: Thank you. I am happy to report that I have been working with personnel
at the Middle School and seeing if they can assist with Red Ribbon Week and bring
awareness to drug prevention. I am getting ready for another drug take-back and I have
been working on that and otherwise no report this evening.
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. Second Readings of Ordinances and Resolutions.
A. Ord. 2024-54 – Amended 9-12-24 – P.H. on 9-26-24 @ 7:03 p.m. P&Z Rec.
Adoption 3-0.
Amending the zoning map by rezoning the property of applicant, Brady Bissonette
for Living City Farms LLC, Scott Myers, owner, located at 683 North Avenue (PN
6000949) and 695 North Avenue (PN 6000803), consisting of approximately 8.03
acres, from R-3 Residential District to R-1 Residential District and approving the
General Development Plan.
Sponsor: Councilperson Gutman
Mrs. Gutman: We have before us Ord. 2024-54 which was amended on 9-12-24 with a
public hearing on 9-26-24 @ 7:03 p.m. The amendment was adopted 3-0 by Planning &
Zoning. The ordinance was read into the record.
I understand that Mrs. Hussing put together a slide deck for us from the Planning & Zoning
meeting. Madame Clerk if you could play that for us.
(There were some technical problems starting the presentation. Once started, the audio
was so low that it could barely be heard). You can link to the presentation below.
City Council Regular Meeting - September 12, 2024 (youtube.com). Narration by Zoning
Manager Hussing at 38 minutes.
Mrs. Gutman: Well, I would like to thank Mrs. Hussing for that slide deck. That was very
informative if she is listening right now. Given that, before we have our discussion, can I
have a motion to adopt the amendment? Just standard procedure before we discuss.
Mr. Bollas: So moved. Seconded Mrs. Epstein.
Mrs. Gutman: We have a motion and a second to adopt and do we have any further
discussion?
Mr. Rubino: Yes, Councilman Gutman, I would like to, like we previously discussed, I
would like to suggest an amendment to this that prohibits the deliveries off of Craig Drive
as previously discussed. I don’t think that is fair to the residents of these residential areas
to have delivery vehicles going down and up their streets. I feel that if they are receiving
deliveries, they should be coming off of Route 91 and not through these neighborhoods.
Mrs. Gutman: OK, thank you. So, for clarification, you are referring to Section 2, Item 3
which reads, “That the access from Craig Drive at the south property line is limited to
intermittent deliveries.” You would like to change that text to say . . .
Mr. Rubino: That there will be no deliveries going . . .
Mrs. Gutman: From Craig Drive?
Mr. Rubino: Yes, going to or from Craig Drive. Like I said, those are residential streets
and if they are planning on expanding their operation there, I don’t think those
neighborhoods should be affected.
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Council Chambers @ 7:00 p.m. September 12, 2024
Dir. of Law: Mrs. Gutman, I do believe the applicant is present in the audience here
tonight, so I don’t know if you want to potentially inquire with regard to that particular item
or if you want to go ahead with your vote on the original motion.
Mrs. Gutman: I have more questions for you as well. This is somewhat confusing in this
regard. First is do we have a definition for intermittent.
Dir. of Law: I think it would just be the normal dictionary definition because it is not defined
on the actual ordinance itself.
Mrs. Gutman: I do think that in my mind makes some difference of whether we are talking
on delivery one day a week; right? Would that be something that we could add ourselves?
Dir. of Law: Yes.
Mrs. Gutman: And then procedurally if we are amending the amendment do, we do that
separately first?
Dir. of Law: So, you already have a motion and a second on that and so you need to . . .
You can have another motion and second or you can deal with the first one first and then
take the next question into consideration and decide to . . . so you may want to vote on the
first as written since you already have your motion.
Pres. of Council: Could the person who made the motion withdraw that motion?
Dir. of Law: If both people wanted to withdraw.
Mrs. Gutman: They could withdraw and then ask the applicant.
Dir. of Law: Then I would make inquiries to the applicant as to what they are doing and
what they might intend to do in the future.
Mrs. Gutman: OK, can I ask for the motion to be withdrawn?
Mr. Bollas: I withdraw my motion.
Mrs. Epstein: I withdraw my second.
Mrs. Gutman: Thank you. Mr. Bissonette, if you could just say your name and address.
Brady Bissonette, 4835 Darrow Road, Stow, Ohio.
Mrs. Gutman: Thank you. I appreciate you being here tonight. If you wouldn’t mind
addressing your expectations for deliveries; how often, size of the truck, etc. that would be
helpful.
Mr. Bissonette: Yeah, the Craig Drive deliveries was only going to be used for items such
as wood chips or compost. Infrequent, intermittently was the best I worded it I would
probably say under 15 deliveries per year. It is on an as-need basis, it is not on a recurring
schedule; it is more of when there is a shortage, and it is infrequent in terms of . . . it could
be once every 3 months or once a month. It is hard to say due to the demands of the
property that year and the weather and how it is affected.
Mrs. Gutman: You anticipated if you were unable to use Craig Drive; would that be very
burdensome?
Mr. Bissonette: It would be burdensome in some regards. The reason why we use that
point as a drop-off is just due to the position in which the distance it is for us to have to
carry those elements, the chips or the compost to their regarded areas on the farm. Having
those types of trucks turn from North Avenue would be a little difficult. We would have to
probably revise the driveway which it is entering the farm.
Mrs. Epstein: So, the delivery truck; is it like someone on Craig Drive is getting mulch
delivered?
Mr. Bissonette: That is correct.
Mrs. Epstein: It would be the same type. So, you could have trucks coming down that
road to deliver mulch; it would be the same type of delivery in that sense?
Mr. Bissonette: Yes.
Mrs. Epstein: Do you have other types of deliveries outside of that delivery truck that is a
larger size coming in and out even on 91?
Mr. Bissonette: No, not currently.
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Mr. Rubino: How many ton trucks are you using down on Craig Drive?
Mr. Bissonette: In terms of what we own; none.
Mr. Rubino: Your delivery trucks, whoever is delivering it; is it a 4-ton truck, an 8-ton?
Mr. Bissonette: I’m guessing it is anywhere between ½ ton to maybe 1-1/2. They are not
. . . I’m not really knowledgeable in terms of the types and sizes of trucks.
Mr. Rubino: Well, a Dodge Ram, like a 1500, would be a ¼ ton.
Mr. Bissonette: I’m guessing it is probably 2,500 to maybe 4,500.
Mr. Rubino: So, this is just like a pick-up truck?
Mr. Bissonette: Yeah, most likely; yeah. I have not personally oversaw the unloading of
one of these as the frequency has not really demanded that.
Mr. Rubino: So, a pick-up truck would be handling . . . I can’t imagine that it would be that
incredibly burdensome to take that off of 91, or that it would cause a great inconvenience.
We are not talking about a 4-ton dump or a large dump of some kind. That should be fairly
accessible for a pick-up.
Mr. Bissonette: Yes, I agree.
Mr. Pavlik: So, you are not currently using Craig Drive right now?
Mr. Bissonette: What do you mean by Craig?
Mr. Pavlik: For deliveries?
Mr. Bissonette: I think this overall season summer, being from late June to probably this
September/October time, we will be in season in terms of the average growing. We may
have had 1 or 2 deliveries this summer.
Mr. Pavlik: So, it is Craig Drive through Fox Ridge; right?
Mr. Bissonette: Craig Drive from the south just down to the property.
Mr. Pavlik: OK, from Howe.
Mr. Bissonette: We have no deliveries coming from the north.
Mr. Pavlik: So, how many tons of wood chips do you get in a delivery?
Mr. Bissonette: That varies. It depends on who is delivering. Sometimes we will have
...
Mr. Rubino: Max?
Mr. Bissonette: The max tonnage; maybe two.
Mr. Rubino: Honestly, I am surprised that is all you are getting. You know, you can see
a skid of mulch; a 6’ skid of mulch at Home Depot would weigh 2,000 pounds. That is a
ton or maybe a little over. Is that the limit of the quantity?
Mr. Bissonette: It is more due to the frequency in which we need it. Wood chips in terms
of how much we are willing to pay for it, generally we are getting them from people giving
it to us for free. Generally that is not coming in large quantities, but in terms of on that map
the loading zones versus the rear part of the drive, I would say we have more consistently
have deliveries on the front part where that loading zone is.
Mr. Rubino: Loading zones 1 and 2 versus 3? Actually 3 is in the back of your property;
right? So, we would basically be possibly eliminating Loading Zone 3.
Mr. Bissonette: Yeah, if you guys want us to eliminate Loading Zone 3, we would be more
than willing to do that.
Mr. Rubino: Great.
Mrs. Gutman: I’m wondering if it would be more reasonable to put a limit on the truck size
and frequency and how you all would feel about that and a certain tonnage maybe once a
month.
Mr. Bissonette: From Craig Drive?
Mrs. Gutman: From Craig Drive.
Mr. Rubino: I’m afraid; I mean how would we monitor something like that?
Mrs. Gutman: I guess it would be the same way all our other zoning is monitored.
Pres. of Council: So, Councilwoman Gutman I have a question related to this topic. So,
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Pres. of Council (Cont’d.) if you are coming in from the south side on Craig Drive, which
is the Howe Road side, the current holders of that area between the dead end of Craig and
the other dead end of Craig; who owns that strip of land?
Dir. of Law: The applicant owns the strip of land and then there is an easement that exists
there that was there in case the road ever connected and there are utilities there.
Pres. of Council: So, currently . . .
Dir. of Law: So, that particular strip of land there is an easement there. That is why we
are saying we don’t want to put any buildings or any structures on that.
Pres. of Council: Right. So . . .
Dir. of Law: Their property runs through both. I don’t know if you want to go back to one
of the slides Susan, but it runs back behind that as well. So, it goes through the whole
area there.
Mrs. Epstein: Are you receiving deliveries there now?
Mr. Bissonette: Yes.
Mrs. Epstein: Have you received complaints from neighbors about those trucks making
deliveries?
Mr. Bissonette: No, we have not heard anything.
Mrs. Epstein: Did you have a lot of participation in that meeting that you offered to the
neighbors?
Mr. Bissonette: No, I would say that we did not have a high number of participants. We
sent multiple notices plus we included codes to our website, and we had one neighbor
come by who loves what we do and that was our support.
Mr. Pavlik: Service Director Rorar, at the end of Craig Drive, aren’t there posts with red
reflectors that prohibit you to go past that street?
Dir. of Pub. Service: On the north side.
Mr. Pavlik: On the north side. There is nothing else?
Dir. of Pub. Service: No.
Mr. Rubino: With the farm increasing in size, would you expect that deliveries could
increase of these supplies? Are you guys moving into the woods section also?
Mr. Bissonette: We will not be touching the wooded section also?
Mr. Rubino: Not ever or not just right now.
Mr. Bissonette: It is in no planning at all. The expansion right now is only a couple more
hoop houses on the right side of the beds. In terms of the total bed development, we won’t
be expanding any more.
Mr. Rubino: Would you expect with this expansion an increase in deliveries?
Mr. Bissonette: No, I don’t think so.
Mr. Roy: With the deliveries, are they normal like between 8:00 a.m. and 5:00 p.m.
Mr. Bissonette: Yes.
Mrs. Gutman: I would propose as a compromise that we define intermittent. It seems that
based on your current volume once per month it would be sufficient beyond that to use the
north access.
Mr. Rubino: Megan, are we . . . what I was talking about, what would be required to adopt
something like that; a first and a second or a vote or what?
Dir. of Law: Well, you need a motion if you want to make it as part of the entire thing to
do the amendment as submitted and in addition make the following additional amendment.
You can make it all as one motion and have one vote on that and you would need a motion
and a second and then a majority to vote in favor of that. So, you can combine both things
because I still would highly recommend that the other conditions that you are not discussing
as an issue right now that you still you know adopt those as well.
Mrs. Gutman: Are there any further questions for Mr. Bissonette?
Pres. of Council: I have some further questions related to the accessory structures; I
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Pres. of Council (Cont’d.) believe that is what we are calling them. So, within our Zoning
Code do we have specific requirements based on the looks, the upkeep of those accessory
structures or anything like that that . . . there must be County guidelines or things like that.
Dir. of Law: So, they are not really . . . they are not anchored; they are , and I’m going to
use the wrong terminology, a structure that the building department would regulate
because they are kind of temporary in nature; they have . . . you can probably speak to it
better but they basically have a vinyl overtop on them and they are just designed; they are
over top of the bed; the plant bed in order to keep it sheltered from weather conditions. So,
it doesn’t have those types of requirements if they were to build one that was large enough
that it would be structurally different than what it is as they have them then that would be a
different story and they would have to get all the necessary Building Department permits
and all of the inspections and everything. These are regulated in our code to the extent
that they count as an accessory structure and so that is why that issue was raised was
because they have that covering, they become a structure and so they are looking to have
the . . . they have a few now that were the ones in white and then they are proposing over
the next year or so, a couple of years to build the ones that are in red that are proposed.
Then any change beyond that they would have to come back because part of the conditions
that would be in this allowance is that they would only have that development as submitted
and so you are adopting and incorporating what they submitted and in addition you are
limiting the amount of the accessory structure square footage that they are permitted to
have through the ordinance. So, any changes would come back.
Pres. of Council: Thank you. So, based on the current, I will call them shelters you have,
and I believe there is a barn in there as well which would count, I guess as a deduction
from that 8,000 currently because it is already existing?
Dir. of Law: No, all the accessory structures are included all together toward that 8,000.
Pres. of Council: Towards the 8,000 so . . .
Dir. of Law: All the existing and then what is proposed on the plan.
Pres. of Council: So, do you know the square footage of the existing structures currently?
Mr. Bissonette: So, yes it is a little around 4,200 square feet on average right now and
the plan also has the structure taking us to about 7,238 of total accessory structures and
our property would like to build a garage for the primary residence so that is why we have
it at 8,000.
Dir. of Law: That is the building that is also in red.
Mrs. Gutman: Are there any further questions for Mr. Bissonette? Hearing none, thank
you so much. Is there any further discussion on the definition of . . . the proposed definition
of intermittent as one per month? Any thoughts on that?
Mr. Rubino: I would like there to be a motion removing Zone 3 and limiting deliveries to
the front of the facility.
Mrs. Gutman: So, your suggestion is no intermittent deliveries.
Mr. Rubino: Correct.
Pres. of Council: Point of order, Councilman Rubino, if you could just put that in a motion
to amend the ordinance and then state what . . .
Mrs. Gutman: If there is no further discussion then I am open to voting. Do we . . . I don’t
know . . . do we just . . . if you have two do you vote on both of them; two different proposals
or do we have to decide on one proposal?
Dir. of Law: Well, you can make a motion and vote on that one first and then if that one
either fails or passes that would determine whether you needed another motion.
Mrs. Gutman: OK. So, I think I will ask for a motion and correct me if I am not saying this
correctly. A motion to amend Ord. 2024-54 amended as adopted by Planning & Zoning on
9-12-24 with the change to Section 2. Item 3 to define intermittent as one delivery per
month.
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Dir. of Law: So, if I can just clarify that this is to amend the ordinance to incorporate the
recommendations of Planning & Zoning as presented in the amended draft ordinance and
then include a definition under Item No. 3 that intermittent deliveries shall be defined as no
more than one per month. OK.
Mrs. Gutman: OK. Thank you. Can I get a motion for that as stated by Mrs. Raber?
Pres. of Council: Point of order. If we . . . knowing that we have a potential amendment
to your amendment of saying that there is going to be no permitted deliveries on the back
of the property; is your definition of intermittent related to deliveries on the rear of the
property or in general?
Mrs. Gutman: So, this would only be related to Craig Drive. So, if Item 3 is eliminated it
wouldn’t even be necessary. I’m not proposing deliveries or limited to once per month you
know all over, just Craig Drive. Does that clarify it?
Mr. Rubino: Again, I would like to propose an amendment to Ord. 2024-54 that would
remove delivery Zone 3 and limit deliveries to only off of Route 91.
Mrs. Gutman: So, do we have to vote on . . . do we have to address the first one first?
Dir. of Law: So, you called for a motion, but I did not hear . . .
Mrs. Gutman: I think we did.
Dir. of Law: Right, and then I believe Mr. Rubino did just make a motion and so we would
address his first because he made a motion, but it still needs a second.
Pres. of Council: I second Council member Rubino’s amendment to the ordinance.
Dir. of Law: It needs to be framed like you are not . . . you still need to incorporate those
other changes.
Mrs. Gutman: Point of order. I would not call on anyone else before my motion . . . before
my amendment was addressed.
Dir. of Law: So, why don’t you, for the sake of ease before we get into a prolonged back
and forth about the motions, why don’t we just kind of have everyone kind of indicate which
way . . . what direction they may be leaning towards and what they may be supporting so
that it might be more clear as to which motion may carry. A straw poll. That might be
helpful at this point.
Mr. Bollas: Just a question if I may, what if it was rephrased in a way that would say max
deliveries per year under specific circumstances as like you know . . . I was thinking in
terms of rather than once per month or 6 times per year under various circumstances such
as droughts or materials that may be needed.
Mr. Rubino: The only concern I have with that is there is no way to monitor how many
deliveries are actually being delivered or any way of telling that that is how many are
actually going there. As this farm grows, after rezoning this agricultural whether that takes
one year or ten years or whatever, I think that versus having a camera set up or some way
to monitor that which isn’t realistic that you know they have stated that it would not create
an extreme inconvenience taking it off the main road. I think there is no way to monitor
putting a limit or saying intermittent for those deliveries.
Dir. of Law: So, I think it is similar to a lot of other conditions that have gone through
Council and through ordinances and the way that those are monitored is typically if we
receive a complaint then we will investigate and pursue that. So, you know there is an
amount of trust and respect for the law that this is getting passed as a law and so the
owners and operators have indicated when they came before Planning & Zoning that they
would respect whatever that was. So, I just do want to point out that we have these quite
frequently in this situation. I think that is how we . . .
Pres. of Council: I don’t mean to discredit the property owners or how the farm is being
conducted whatsoever but the reason we are here is because they haven’t followed the
zoning code.
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Dir. of Law: Well, the reason we are here is because it did start off as an accessory use
and so there is a primary structure that is the house and so as was pointed out in the
presentation over time it has grown and they want it to become in compliance so they
began the process and they met with the neighbors and they are trying to make sure that
they are compliant which is why they are presenting.
Pres. of Council: And that is perfectly fine, and I think it is great how we are going about
this, but I just wanted to remind us that the reason we are asking for the rezoning is
because they were not in compliance previously. So, there is nothing to say that they
wouldn’t be in compliance in the future but if they weren’t compliant previously there is no
way to gauge whether or not deliveries would be at the rear of the property at any given
time whether we put intermittent or whether we don’t put intermittent or whether we produce
or allow them to only get deliveries through the front of the property. So, I think if we look
at this and say only deliveries through the front of the property it is very simple. Any
deliveries going to the rear of the property that is not permitted. That is very easy for our
neighbors, our citizens in that area to say I don’t think you guys should be going through
here with trucks.
Mrs. Gutman: I can appreciate that, and I am willing to withdraw that amendment. My
concern is that I am not wanting to put undue burdens on small businesses within this
community that are growing and trying to make a compromise that won’t burden the
neighbors surrounding them but also helps work with the business so that is where I was
coming from on that. But again, recognizing the majority here, I’m willing to withdraw that
and would entertain another proposal.
Pres. of Council: We actually had a motion and a second.
Mrs. Gutman: Is it fully stated enough for the record?
Dir. of Law: I don’t think so. So, I think that Mr. Rubino’s motion wasn’t going to
accomplish what we want to do as far as incorporating the rest of the amendments from
Planning & Zoning. So, and I . . . then Mr. Pavlik seems like he wants to say something.
Mr. Pavlik: Do we have to do this tonight?
Dir. of Law: So, you do need to amend it tonight so that you have it at 3 rd Reading when
it comes to the public hearing at the end of the month.
Mr. Pavlik: OK.
Dir. of Law: So, any time you amend it reverts it back to 2nd Reading so that is why we
wanted to make the amendment at 2nd Reading so that when it moves forward it is moving
forward at 3rd Reading and could actually be adopted after the public hearing.
Mr. Pavlik: OK. Understood.
Dir. of Law: So, I would suggest that the motion is made to amend the ordinance in
accordance with the Planning & Zoning recommendations as presented with the additional
amendment to prohibit . . . to modify Item No. 3 in Section 2. to eliminate . . . to basically
. . . and you will have to clarify . . . to state that no deliveries are permitted from the south
line from Craig Drive at the south property line. Is that what you want it to say?
Mr. Rubino: The south property line but really also . . . that’s why I brought up just
eliminating the No. 3 delivery area . . .
Dir. of Law: Do you want to just delete that?
Mr. Rubino: And limiting deliveries only to the front of the business.
Dir. of Law: OK.
Mr. Pavlik: Couldn’t you just say the access from Craig Drive at the south property line is
prohibited for deliveries. Just leave it as that.
Dir. of Law: That is what I said but that is not what Mr. Rubino is saying.
Mr. Rubino: Well, would that possibly open up deliveries then just to the north through
Fox Ridge?
Dir. of Law: There are barriers there.
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Mr. Pavlik: There are barriers there. That is why I asked.
Dir. of Law: So, if Mr. Rubino accepts that friendly amendment and Mr. Bozic who
seconded his motion would also accept that friendly amendment then we can proceed and
what is on the floor at this point is that we are accepting . . . I will try to restate it. Is that
the motion is to amend Ord. 2024-54 to incorporate the Planning & Zoning
recommendations as presented but modify Section 2. Number 3 to say that access from
Craig Drive at the south property line is prohibited.
Mr. Rubino: I accept the motion.
Pres. of Council: Second.
Mrs. Gutman: Seeing as we have a motion and a second, is there any further discussion?
Mrs. Epstein: I just wanted to say that I agree with your earlier point, Ms. Gutman. I do
think . . . I don’t think it is necessary to put the additional burden on a small business. Other
neighbors on that street are permitted to have deliveries of the same size truck on that
street. So, it seems to get more favorable treatment to the residents than small business.
So, I will not be supportive of eliminating line 3 after talking and hearing a little bit more
about what those deliveries entail specifically.
Mrs. Gutman: Thank you. Any further comments?
Mr. Bollas: Just one last thing, with the amendment as it stands do we want to add any
kind of special circumstance of where it would be permitted you know per request to
Planning & Zoning and any special circumstances you know that would be needed based
on that access. Again more ad hoc is needed if you want to add that in there so . . .
Mr. Rubino: I would be fine with that.
Mr. Bollas: So that would be per request under those special circumstances. Just trying
to help.
Dir. of Law: So, do you want to . . . you can do it 2 different ways. You can vote on the
original motion which was seconded or we . . . you can make another motion at this point
and have that be seconded to amend it.
Mr. Rubino: I think we just vote on the original motion.
Dir. of Law: OK. So, you want to go ahead and proceed with that and then you could
always decide to make another motion after they vote on that one. OK? Keep in mind that
you have to have 5 votes because you are changing the recommendation of Planning &
Zoning, so you do need super majority. OK. Thank you.
Mrs. Gutman: Thank you then. Any further discussion? Seeing none, Madame Clerk
please call the roll.
Roll Call: Mrs. Gutman – no, Mr. Pavlik – no, Mr. Roy – yes, Mr. Rubino – yes, Mr. Bollas
– no, Mr. Bozic – yes, Mrs. Epstein – no. Ord. 2024-54 failed by a vote of 4-3.
Mrs. Gutman: Thank you. The motion has failed by a vote of 4-3.
Dir. of Law: Would someone like to make another motion?
Mr. Bollas: Yes, I would like to make a motion that is under Section 2. Item 3 be amended
to state the access from Craig Drive at the south property line is prohibited from intermittent
deliveries with the exception of per special request to Planning & Zoning.
Dir. of Law: And you are also incorporating the rest of the amendments as submitted by
the Planning & Zoning Commission.
Mr. Bollas: Correct.
Dir. of Law: If I could summarize what motion you made. You made a motion to amend
the ordinance in accordance with Planning & Zoning Commission’s recommendations with
the additional modification to Section 2. Subsection 3 that access from Craig Drive at the
south line is prohibited from intermittent deliveries except with . . . or what you said was
deliveries with an exception . . .
Mr. Bollas: By exception.
Dir. of Law: by exception . . . deliveries by exception from Planning & Zoning.
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Mrs. Gutman: Do we have a procedure for this?
Dir. of Law: No.
Mr. Pavlik: I’ll second it.
Mrs. Epstein: Can we discuss?
Mrs. Gutman: We have a motion and a second. Is there any discussion?
Mrs. Epstein: I do have a question because I feel like that is a major . . . that is a worse
burden on the small business because what exactly would that look like to get permission.
Would they have to go to a Planning & Zoning meeting and present something?
Mr. Bollas: No, I mean what I was thinking was just a medium between just contacting
the department and describing the scenario and evaluating that case by case
understanding that at max it was potentially once per month at a minimum and I heard 6
times or less per year and again on an exception basis he had noted access you know
from North Avenue at times could be restricting based on the scenario so again I was just
trying to find a medium.
Mrs. Epstein: I think we already know what Planning & Zoning would say if they did ask
because they have already made their recommendation to allow it.
Mrs. Gutman: I believe that is a really excellent point and Mr. Bollas, I really appreciate
that suggestion for the compromise. I’ll go back to saying that I think if we just define
intermittent and we do have mechanisms for residents to make complaints to Planning &
Zoning and for those items that we vote on to be enforced so I would be against putting
any additional burden on the business owner or on Planning & Zoning by creating an
additional process. Is there any other discussion?
Mr. Rubino: I believe there is a motion and seconded.
Mrs. Gutman: Yes, that is why I was asking if there was any additional discussion. Seeing
none, Madame Clerk please call the roll.
Roll Call: Mr. Pavlik – yes, Mr. Roy – yes, Mr. Rubino – yes, Mr. Bollas – yes, Mr. Bozic –
yes, Mrs. Epstein – no, Mrs. Gutman – no. The amended version of Ord. 2024-54 is
adopted by a vote of 5-0, or 5-2; I’m sorry.
B. Ord. 2024-55~Exhibit A – Amended 9-12-24 – Exhibit A – Exhibit A Tracked
– P.H. on 9-26-24 @ 7:05 p.m. P&Z Rec. Adoption 3-0.
Amending and supplementing Part Eleven, Planning and Zoning Code, Section
1104.05 Use Regulation Tables, Section 1104.07E2.1 “Use Regulations: Adult
Use Cannabis and/or Medical Marijuana Operators”, and Appendix A of the
Tallmadge Codified Ordi nances and repealing Tallmadge Codified Ordinance
Chapter 766, Medical Marijuana cultivation, processing and retail dispensing.
Sponsor: Councilpersons Mary Gutman, Donald Pavlik and Ted Roy
Mrs. Gutman: We also have at 2nd Reading Ord. 2024-55 with Exhibit A. The ordinance
was read into the record. Hopefully it will be amended tonight with the Planning & Zoning
recommendations adopted 3-0 and a public hearing is set for 9-26-24 @ 7:05 p.m. The
ordinance was read into the record.
Do I have a motion to amend and adopt the Planning & Zoning recommendations?
Pres. of Council: I have a question related to this and a motion if that is permitted.
Mrs. Gutman: I believe we motion and then we discuss.
Dir. of Law: We do but we can also do it where you discuss and then have a motion.
Pres. of Council: To learn from our experience in the last ordinance . . .
Mrs. Gutman: I don’t know that we are so stuck on Robert’s Rules anyway. OK.
Pres. of Council: I will keep my question very brief and to the point. So, my question
would be, are we permitted to not allow within 500’ of any public property? I know we got
specific in public library, public park, public playground, public trails, schools, etc. but I
didn’t see anything that called out exactly public property. For example, fire stations;
Station 1, Station 2, City Hall, the Police Department.
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Dir. of Law: So, we did not call that out. We were primarily mirroring off of the regulations
that have been adopted by the State of Ohio and so the only additional thing that was kind
of called out was to clarify because they say public parks and so we wanted to make sure
that we clarified so there was no confusion about the Metro Park Trail because it is actually
owned by Metro Transit Authority. No, we did not make it any public property, but we do
have the authority under this legislation that was passed by the State to determine how we
want to zone these so yes, you can put additional restrictions on that.
Pres. of Council: Because I would like to bring to light that if you look at the maps; the
large maps we were provided, if you look at and are able to locate where City Hall would
be and where the Police Department would be, you could literally have one of these open
up very close if not across the street or next door to the Police Department. In addition,
you can also have one open right next door to Fire station 2 and yeah that’s pretty much
it, so I just wanted to bring that to light and if that were something that we would consider.
Dir. of Law: So, you would have to . . . I would want to like further define that to . . . I’m
cautious that we own random . . . we own property like the City owns property and I don’t
know if that . . . if we need to flush out exactly what the definition of public . . . like public
property is if it is used for municipal purposes or something because there are properties
for example along West Avenue that we own that then would make anything within 500’ of
that are not usable. If that is something that Council wants to have usable.
Mayor: And those properties are owned for spurring economic development so that would
kind of be against the reason why we do own some of those properties as well.
Mr. Pavlik: So, can we define it as City owned property that has the safety forces or some
sort of safety component so that we would exclude those properties?
Mrs. Epstein: Can you just specifically state City Hall?
Mr. Pavlik: Yeah. Fire Station 2 and I mean yeah, that is essentially . . .
Dir. of Law: Yeah, we can say a municipal building . . .
Mr. Pavlik: Public service buildings, public safety buildings.
Dir. of Law: Public safety, public service. I mean what about . . . that is residential. I was
thinking about that old Tallmadge Asphalt property but that is all residential back there.
Osceola, do you want to prohibit everything within that radius because that is an Industrial
area and is that a place that you might want to see a processor, or you know . . .
Mr. Pavlik: I don’t think that is public safety on Osceola; right? I mean yeah granted it is
a road there, but I am specifically targeting City Hall, the police station, Fire Station 1 and
Fire Station 2.
Dir. of Law: So, that is all you want, then maybe we just flat out say those.
Mr. Pavlik: Yeah, just state that that. Yeah. So, I will make an amendment to Ord. 2024-
55 that states that cannabis facilities would be prohibited near City Hall, Fire Station 1, Fire
Station 2 and the Police Station.
Dir. of Law: Well, I would like to put it within the text of this so I would say you are talking
about the use regulation which is under Section 1104.07(e) to point 1 and it would be the
use regulation and it would be the first bullet that no dispensary should be located within
500’ of any parcel having the following prohibited facilities, church, public library, public or
private school, public playground, public park, Police Safety Forces defined as Police
Headquarters . . .
Dir. of Law: Just put Police . . .
Mr. Pavlik: City Hall.
Dir. of Law: Police Station, Fire Station and City Hall.
Mr. Pavlik: Fire Station 1 and Fire Station 2 and City Hall building.
Dir. of Law: OK. Police Station, Fire Station and City Hall building and Metro Freedom
Park Trail. So that would be the amendment.
Mr. Pavlik: Correct.
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Council Chambers @ 7:00 p.m. September 12, 2024
Pres. of Council: I would second.
Mrs. Gutman: Thank you. OK, we have a motion and a second. Is there any further
discussion?
Pres. of Council: Actually, I want to say thank you to our Law Director for clarifying this
evening’s amendments.
Mrs. Gutman: I will second that. Thank you very much.
Dir. of Law: I think we already did that, and we said all that and we got to that part and
we just kind of worked through the logistics so we should be good.
Mrs. Gutman: OK. So, we have said everything we need to say to make it official. Thank
you. OK. Seeing no further discussion, Madame Clerk, could you please call the roll.
Roll Call: Mr. Roy, Mr. Rubino, Mr. Bollas, Mr. Bozic, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik
– unanimous. Ord. 2024-55 is amended by a vote of 7-0.
Mrs. Gutman: OK, and that is all I have before Planning & Zoning. Is there anything else
tonight? Seeing nothing, I will close Planning & Zoning.
ii. 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. First Readings of Ordinances and Resolutions.
A. Ord. 2024-56 – Authorizing the Mayor to apply for and accept, if awarded, the
H2OHIO Rivers Initiative: Chloride Reduction Grant through the Ohio Environ-
mental Protection Agency; and providing for immediate enactment.
Sponsor: Dir. of Pub. Service Rorar
Mr. Pavlik: I call the Finance Committee to order. We have 4 1 st Reading ordinances.
First up is Ord. 2024-56. The ordinance was read into the record. Is there any further
discussion Mr. Rorar?
Dir. of Pub. Service: Just as I noted in my report, this is for salt apparatuses or salt
domes, and it is worth trying to get the money for it.
Mr. Pavlik: Noted. Is there any discussion on Council floor? Is there a motion?
Mr. Rubino: I will make the motion. Seconded Pres. of Council.
Mr. Pavlik: Is there any discussion? Hearing none, Madame Clerk will you please call the
roll.
Roll Call: Mr. Rubino, Mr. Bollas, Mr. Bozic, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr.
Roy – unanimous. Ord. 2024-56 is adopted by a vote of 7-0.
B. Ord. 2024-57~Exhibit A – Authorizing the Mayor to enter into a
Memorandum of Understanding with the County of Summit and other political
subdivisions for Job Creation, Retention, and Tax Revenue Sharing and
providing for immediate enactment.
Sponsor: Mayor Carol A. Kilway
Mr. Pavlik: Next is Ord. 2024-57 – Exhibit A. The ordinance was read into the record.
This is sponsored by Mayor Kilway. Mayor, do you have any comments on this?
Mayor: Yes, I am going to turn this over to Ms. Gilbride. She knows this inside and out.
Dir. of Finance: This is an agreement that we have actually been party to as you can see
in the ordinance for a number of years. What occurred was, at the end of last year,
communities came together to review the agreement to see if there were any updates
needed and at that time there were discussions had and basically there were two items
that came out of that that are being changed here.
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Council Chambers @ 7:00 p.m. September 12, 2024
Dir. of Finance (Cont’d.) One was amending the agreement to include a sample tax
sharing agreement for communities to use and incorporating that within the document. It
is just a sample for communities to use. It does not mean that is what the final agreement
has to be, it just was to enable communities who don’t do it very often to have a starting
point.
The second item that was discussed and language was added was in Section 4 there were
several paragraphs added about work from home since Covid changed a lot of that. We
wanted to clarify that work from home jobs were not job relocations and so there is just
some clarification about what constitutes payroll and work from home jobs versus moving
jobs and that kind of thing. So those are basically the two main components that were
added. They also modified it. It used to be that this agreement came up and kind of ended
every year and so it is becoming basically the added language to make it a continuous
agreement until the community opts out of the agreement or that they are changes that
need to be made to the agreement.
There are a number of cities that have already adopted this and are participating
throughout the County. I can provide you with that list. So, just to give you time to review.
Technically this is effective; the effective date on this is October 1st however, if we need to
go to 3 readings, it is not an issue if people are concerned and want to take more time to
review it. If anybody has any questions, I will be glad to answer them.
Mr. Pavlik: I would recommend that we let it go to 2nd Reading.
Pres. of Council: I have just one question related to this. Do we have a similar agreement
with bordering counties meaning like Portage County?
Dir. of Finance: No. This is strictly a Summit County agreement.
Pres. of Council: Has that ever been talked about or discussed?
Dir. of Finance: I am not aware that there are communities in Portage County that have
this kind of . . . Portage County has a lot more rural area and so they don’t have all of the
communities touching that are relying on income tax. There are a lot of townships and
those kinds of things and so this doesn’t become as much of an issue I don’t believe in
Portage County because you are talking about most cities in Portage County aren’t
bordering another City that is a taxing district. So, they are more talking about a City with
income tax and a business moving to a township that doesn’t have an income tax so I don’t
think that they are the kind of an issue that you would find in Portage County.
Mr. Pavlik: Thank you. Thank you for that Ms. Gilbride. OK. We will move that on to 2nd
Reading.
C. Ord. 2024-58 – Authorizing the Mayor to enter into a contract without competi-
tive bidding and through the State Purchasing Program, or as authorized
by R.C. 125.04(C), with the Ohio State University for the purchase of computer
equipment, software licenses, and related equipment and providing for imme-
diate enactment.
Sponsor: Mayor Carol A. Kilway
Mr. Pavlik: Next up is Ord. 2024-58. The ordinance was read into the record. This is
sponsored by Mayor Kilway. Mayor, do you have any comments?
Mayor: Yes. This is basically a housekeeping item. You typically would have seen this
in the beginning of the year. However, there was a company that was being bought out by
another company and I will let Joe Ignazzitto go further into this.
Dir. of Administration: As the Mayor, this was budgeted and what happened is that
Broadcom Inc. was buying VMware as software that allows us to run our virtual machines
as you recall from the appropriation. So, what happened is that during that purchase time
the State Purchasing Program during the time that Broadcom Inc. was purchasing VMware
they would not allow any additional agreement to be entered into. They finally have come
to their new pricing. We received it a few weeks ago and now we are asking to do this. I
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Dir. of Administration (Cont’d.) would ask for adoption at 1st Reading because as the
Mayor pointed out in her e-mail to you, this expired about 3 weeks ago.
Mr. Pavlik: Thank you for that e-mail. With that, are there any comments? Hearing none,
then I will entertain a motion.
Mr. Bollas: So moved. Seconded Mrs. Gutman. Roll Call: Mr. Bollas, Mr. Bozic, Mrs.
Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino – unanimous. Ord. 2024-58 is
adopted by a vote of 7-0.
D. Ord. 2024-59 – Authorizing the Mayor to enter into contract with Cementech,
Inc. without competitive bidding due to an emergency to the Perry Road
and S. Munroe Road drainage crossover pipe, appropriating the necessary
funds, declaring an emergency and providing for immediate enactment.
Sponsor: Dir. of Pub. Service Rorar
Mr. Pavlik: Next up is Ord. 2024-59. The ordinance was read into the record. This is
sponsored by Dir. of Service Rorar. Mr. Rorar, do you have anything on this?
Dir. of Pub. Service: Yes, so this is an emergency because we had to secure the
easements. We had the opportunity to solicit three quotes and Cementech, which is a well-
known company here in town, and does a lot of work for us; they came in with the lowest
and best quote and so it is a good number.
Mr. Pavlik: Council have any questions?
Mr. Bollas: I would make a motion to adopt. Seconded Mr. Rubino.
Roll Call: Mr. Bozic, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas
– unanimous. Ord. 2024-59 is adopted by a vote of 7-0.
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.
Mr. Bollas: I call the Personnel Committee to order. We have no legislation before us this
evening. Is there anything for the Personnel Committee?
Pres. of Council: I have one question for the Administration. Our union contracts are
obviously in negotiation at this moment.
Dir. of Administration: Yes, currently we are negotiating with the Teamsters and our next
meeting with them is actually tomorrow morning, no Tuesday morning. Then we also have
in early October a meeting, our initial meeting, with the International Association of
Firefighters Local.
Mr. Pavlik: Another question. When do we expect these contracts to be wrapped up and
executed?
Dir. of Administration: The goal obviously is to have them wrapped up by the end of the
year.
Mr. Bollas: Similar to our discussion on the Finance Committee meeting kind of prior to
the Work Session, could we have a similar meeting to review this with the Personnel
Committee when it is appropriate?
Dir. of Administration: Yes, we only have, as I said, one contract and I think within the
next meeting or two, I think we are relatively close which is why we are moving onto
Firefighters in early October. The first week.
Mayor: I do believe we will have an Executive Session with Council throughout the time
period to bring you up to date with what is going on with each contract.
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Mr. Bollas: Thank you very much. Any other items to come before the Personnel
Committee? Hearing none, I will close the Personnel Committee.
i. Additional Items: None.
d. SAFETY
Nicholas Rubino, Chair
Ted Roy, Vice Chair
The Safety Committee deals with disaster services, communications, fire, and
paramedics, police and health.
i. First Readings of Ordinances and Resolutions.
A. Res. 2024-5 – A resolution declaring the month of September 2024 as
National Preparedness Month in Tallmadge to raise awareness about the
importance of preparing for disasters and emergencies, and providing for
immediate enactment.
Sponsor: Council and Administration
Mr. Rubino: I call the Safety Committee to order. We have one resolution before us this
evening. That resolution is Res. 2024-5. The resolution was read into the record. Are
there any comments or questions from the sponsors or Council or the Administration?
Pres. of Council: I have just one comment. I just wanted to thank the Administration for
helping us move forward with this and for anyone who is out there watching on YouTube,
I would highly recommend that everyone visit, I believe, it is ready.gov and if they would
like to visit that site there is a lot of good information on there for preparedness for all
different types of disasters and emergencies.
Mr. Rubino: Are there any others? Hearing none, I will close committee. Do I have a
motion?
Mr. Pavlik: I will make a motion. Seconded Mrs. Epstein. Roll Call: Mrs. Epstein, Mrs.
Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas, Mr. Bozic – unanimous. Res. 2024-
5 is adopted by a vote of 7-0.
Mr. Rubino: Is there any other business or questions for the Safety Committee? Hearing
none, I close committee.
ii. 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.
Mr. Roy: I call the Community Issues Committee to order. Tonight, we don’t have any
ordinances. Are there additional items? If not, I will go ahead and close Community Issues.
i. 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.
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COUNCIL MEETING
Council Chambers @ 7:00 p.m. September 12, 2024
i. First Readings of Ordinances and Resolutions.
A. Ord. 2024-60 – Exhibit A – Authorizing the creation and acceptance of
drainage easements at 590 Perry Road, 609 Perry Road, 629 Perry Road, and
944 S. Munroe Road and providing for immediate enactment.
Sponsor: Dir. of Pub. Service Rorar
Mrs. Epstein: Thank you. I call Public Service to order. We have Ord. 2024-60. This is
sponsored by Dir. of Pub. Service Rorar. Do you have any comments?
Dir. of Pub. Service: Yeah, I would just like to thank those 4 residents. They were very
easy to work with. They were very understanding, and it was a pleasure dealing with them.
Mrs. Epstein: Is there a motion?
Mrs. Gutman: I will move to adopt at 1st Reading. Seconded Mr. Pavlik. Roll Call: Mrs.
Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas, Mr. Bozic, Mrs. Epstein – unanimous.
Ord. 2024-60 is adopted by a vote of 7-0.
Mrs. Epstein: That is the only ordinance before us this evening. Are there any other items
for the Public Service Committee? Hearing none, I will close committee.
ii. Additional Items: None.
11. Reports of Special Committees:
a. Council Operations Committee:
Mr. Bollas: I inquired via e-mail to Dove AV and our IT Department to look into the audio
of the video recording just for future presentations to understand if that was a setting or if
we need to look at any kind of audio enhancements for the budget in 2025 so we will keep
you updated on that.
Pres. of Council: I would also like to add that we . . . and I don’t know where we are at
with it, but I know I had asked about the capability of us on Council to be able to control
the screens at any location at any given time during the presentation.
Mr. Bollas: Yeah. I had a discussion on that, and I can follow up and just verify, but I
believe the complexity of that project wasn’t viable for the setup we had, but I will check on
it.
I have a question I received from a resident who wanted to know the date of Trick or Treat
this year because Halloween falls on a Thursday, the 31st.
Mayor: So, we are going to take advantage of that, and Trick or Treat is on that Thursday,
October 31st.
i. Additional Items: None.
12. Announcements: None.
13. Adjournment: Mr. Pavlik moved to adjourn. Seconded Mrs. Gutman. Roll Call: Mr. Pavlik, Mr.
Roy, Mr. Rubino, Mr. Bollas, Mr. Bozic, Mrs. Epstein, Mrs. Gutman – unanimous. The Council
meeting of 9-12-24 adjourned at 8:54 p.m.
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Adopted: ___________________
___________________________________ ______________________________________
Susan E. Burton, Clerk of Council Adam M. Bozic, President of Council
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Agenda
THURSDAY, SEPTEMBER 12, 2024 IN COUNCIL CHAMBERS
7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH
All Council Meetings are Live Streamed
***********
MEETING PROCEDURES
Public input is invited at the beginning of the meeting to discuss an item not on the agenda. If an item is on the
agenda or set for public hearing, public input is invited at the appropriate time on the agenda as recognized by
Clerk or Committee Chair. Please wait until you are recognized, state your name, and address so that your
comments may be properly recorded and limit your remarks to a period of two (2) minutes or less. Anyone
wishing to address Council is encouraged to register with the Clerk of Council or through the online form by 3
p.m. on the day of the meeting.
Written comments may be submitted to Council and should be received by 3 pm on the day of the meeting. All
comments will be provided to the Council members before the meeting if received by the deadline. Written
comments and participation registration may be submitted via:
1. City’s Website: https://tallmadge-ohio.org/meetingregistration
2. Email: council@tallmadge-ohio.org
3. Mail: (46 North Avenue, Tallmadge, OH 44278)
1. Call to Order:
2. Opening Prayer: Fr. Mike Matusz, Our Lady of Victory Church, Tallmadge.
Pledge of Allegiance: Girl Scout Troop 90673 led by Troop Leader Emily Bush.
3. Roll Call:
4. Correcting and Adopting Previous Meeting Minutes:
8-22-24 Council Meeting Minutes
5. Financial Reports:
• Fire & EMS Fund Transfer in the amount of $235,000, Street Maintenance & Repair Fund
Transfer in the amount of $240,000, Bond Retirement in the amount of $100,000 and Upson
Rasp Historic Preservation in the amount of $4,299.50 to Council on 8-29-24.
• Appropriation Report, Fund Report and Revenue Report for the period ending 8-31-24 to
Council on 9-6-24.
• August Financial Reports to Council on 9-6-24.
• Tallmadge Recreation Center Profit and Loss Report for the period ending 8-31-24 to Council
on 9-6-24.
• Income Tax Comparisons for the period ending 8-31-24 to Council on 9-6-24.
• Consolidated Investment Report for the period ending 8-31-24 to Council on 9-6-24.
• Income Tax by Source Report for the month of August to Council on 9-6-24.
• Revenue Comparisons for Major Funds for the period ending 8-31-24 to Council on 9-6-24.
6. Public Hearings:
7. Community Input: Steve Wood, Superintendent of Tallmadge City Schools – Presentation on the
Permanent Improvement Levy that will be on the November ballot.
8. Agenda Additions:
9. Reports of Administrative Officers:
a. Mayor/Dir. of Pub. Safety
b. Director of Administration/Economic Development
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.
THURSDAY, SEPTEMBER 12, 2024 IN COUNCIL CHAMBERS
7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH
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i. Second Readings of Ordinances and Resolutions.
A. Ord. 2024-54 – Amended 9-12-24 – P.H. on 9-26-24 @ 7:03 p.m. P&Z Rec.
Adoption 3-0.
Amending the zoning map by rezoning the property of applicant, Brady Bissonette
for Living City Farms LLC, Scott Myers, owner, located at 683 North Avenue (PN
6000949) and 695 North Avenue (PN 6000803), consisting of approximately 8.03
acres, from R-3 Residential District to R-1 Residential District and approving the
General Development Plan.
Sponsor: Councilperson Gutman
B. Ord. 2024-55~Exhibit A – Amended 9-12-24 – Exhibit A – Exhibit A Tracked
– P.H. on 9-26-24 @ 7:05 p.m. P&Z Rec. Adoption 3-0.
Amending and supplementing Part Eleven, Planning and Zoning Code, Section 1104.05
Use Regulation Tables, Section 1104.07E2.1 “Use Regulations: Adult Use Cannabis
and/or Medical Marijuana Operators”, and Appendix A of the Tallmadge Codified Ordi-
nances and repealing Tallmadge Codified Ordinance Chapter 766, Medical Marijuana
cultivation, processing and retail dispensing.
Sponsor: Councilpersons Mary Gutman, Donald Pavlik and Ted Roy
ii. Additional Items:
b. FINANCE
Donald Pavlik, Chair
Jonathon Bollas, Vice Chair
The Finance Committee deals with budget, appropriations, reappropriations, bonds,
franchises, investments, and expenditures.
i. First Readings of Ordinances and Resolutions.
A. Ord. 2024-56 – Authorizing the Mayor to apply for and accept, if awarded, the
H2OHIO Rivers Initiative: Chloride Reduction Grant through the Ohio Environ-
mental Protection Agency; and providing for immediate enactment.
Sponsor: Dir. of Pub. Service Rorar
B. Ord. 2024-57~Exhibit A – Authorizing the Mayor to enter into a
Memorandum of Understanding with the County of Summit and other political
subdivisions for Job Creation, Retention, and Tax Revenue Sharing and
providing for immediate enactment.
Sponsor: Mayor Carol A. Kilway
C. Ord. 2024-58 – Authorizing the Mayor to enter into a contract without competi-
tive bidding and through the State Purchasing Program, or as authorized
by R.C. 125.04(C), with the Ohio State University for the purchase of computer
equipment, software licenses, and related equipment and providing for imme-
diate enactment.
Sponsor: Mayor Carol A. Kilway
D. Ord. 2024-59 – Authorizing the Mayor to enter into contract with Cementech,
Inc. without competitive bidding due to an emergency to the Perry Road
and S. Munroe Road drainage crossover pipe, appropriating the necessary
funds, declaring an emergency and providing for immediate enactment.
Sponsor: Dir. of Pub. Service Rorar
ii. Additional Items:
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THURSDAY, SEPTEMBER 12, 2024 IN COUNCIL CHAMBERS
7:00 P.M. 46 NORTH AVENUE, TALLMADGE, OH
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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 para-
medics, police and health.
i. First Readings of Ordinances and Resolutions.
A. Res. 2024-5 – A resolution declaring the month of September 2024 as
National Preparedness Month in Tallmadge to raise awareness about the
importance of preparing for disasters and emergencies, and providing for
immediate enactment.
Sponsor: Council and Administration
ii. 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. 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.
i. First Readings of Ordinances and Resolutions.
A. Ord. 2024-60 – Exhibit A – Authorizing the creation and acceptance of drainage
easements at 590 Perry Road, 609 Perry Road, 629 Perry Road, and 944 S.
Munroe Road and providing for immediate enactment.
Sponsor: Dir. of Pub. Service Rorar
ii. Additional Items:
11. Reports of Special Committees:
a. Council Operations Committee
i. Additional Items:
12. Announcements:
13. Adjournment:
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