Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 1. CALL TO ORDER: President of Council Poinar called the Regular Council meeting of Thursday, January 10, 2013 to order at 7:00 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE: Mayor Kline. 3. ROLL CALL: Mr. Donovan, Mr. Maguire, Mrs. Poinar, Mrs. Kilway, Mr. Sarver, Mr. Stalnaker (arrived at 7:02 p.m.) – present. Mrs. Ray was absent. Also present were Mayor Kline, Dir. of Finance Shanafelt, Dir. of Law Raber, Director of Public Service Esler, Economic Developer Loughry and Clerk of Council Burton. 3.A. APPOINTMENT OF CHAIRPERSON OF RICHARDSON TRUST FUND. 3.B. APPOINTMENT OF FIRE FIGHTERS’ DEPENDENTS FUND CHAIRPERSON. 3.C. APPOINTMENT OF FIRE FIGHTERS’ DEPENDENTS FUND SECRETARY. 3.D. APPOINTMENT OF FIRE FIGHTERS’ DEPENDENTS AT-LARGE MEMBER. 3.E. APPOINTMENT OF TWO FIRE FIGHTERS. Mr. Sarver: I would like to move that we appoint the Chair of the Richardson Fund, the Fire Fighters’ Dependents Fund Chair, the Fire Fighters’ Dependents Fund Secretary, one Fire Fighters’ Dependents Fund At-Large member, and appoint two Fire Fighters as presented in the agenda. If I need to name the names; I will. The Chair of the Richardson Trust Fund is Kim Ray. The Chair of the Fire Fighters’ Dependents Fund is Robert Maguire. The Secretary of the Fire Fighters’ Dependents Fund is Carol Kilway. The At-Large member of the Fire Fighters’ Dependents Fund is Chip Billows. The two fire fighters are David Gauer and John Tosko. Pres. of Council: Is there a second? Seconded by Mr. Donovan. Voice vote 5-0. The motion has carried by a vote of 5-0. 4. MINUTES: 12-13-12 Regular Council Meeting Minutes. Mr. Maguire moved to accept the minutes. Seconded Mr. Sarver. Voice vote 6-0. The Regular Council meeting minutes from the 12-13-12 Regular Council meeting were adopted by a vote of 6-0. FINANCIAL REPORTS:  Fire Transfer in the amount of $74,000 to Council on 12-28-12.  SMR Transfer in the amount of $250,000 to Council on 12-28-12.  Fund Report, Appropriation Report and Revenue Report for the period ending 12-31-12 to Council on 1-2-13.  Tallmadge Recreation Center Profit and Loss Report for the period ending 12-31-12 to Council on 1-8-13.  Major Funds Revenue Comparisons for the period ending 12-31-12 to Council on 1-8-13.  Income Tax Comparisons for the period ending 12-31-12 to Council on 1-8-13.  December Financial Reports to Council on 1-8-13. Mr. Sarver moved for the acceptance of the Financial Reports submitted by Dir. of Finance Shanafelt. Seconded Mrs. Kilway. Voice vote 6-0. The Financial Reports submitted by Dir. of Finance Shanafelt were accepted by a vote of 6-0. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: This is our regular business meeting for City Council. This is when we actually take care of the business of City Council, which is reading our legislation into the record and voting on it, amending it, voting on those amendments or carrying it over to the next meeting. This is our first regular business meeting of the new year. As usual, we have a very lengthy agenda ahead of us because we have a bevy of almost 40 pieces of new legislation that are all our typical new year what we call, “housekeeping” legislation. These are things that we need to adopt to keep the City running smoothly. So, we will be attacking that lengthy agenda shortly. But, during our regular business meeting, we do allow a short period of time for community input. Once we start reading the legislation into the record, we just keep moving on and there is really no time for discussion on that. So, is there anyone here tonight that would like to address Council at this time; this is the time to do it. We would ask that you come up to the podium. Pres. of Council: Mr. Roemer welcome to Tallmadge City Council. Do you remember the last time you were here I thought you were the minister! That was because you were new on Council and I didn’t know who you were and now I do know you. So, we are glad you are here. Bill Roemer, 3616 Summer Road in Richfield, Ohio. Actually, that was one of my favorite experiences because I think it was only Trina Carter and I that were here and you weren’t sure who I was and so you thought I was the pastor of the church that was giving the invocation. In fact, that was the first thing that I looked at when I came tonight is that I looked at the agenda . . . I had mentioned to the Mayor that I was going to come tonight and I thought maybe I was going to give the invocation! But, I also represent Summit County Council At-Large. I made a commitment when I was elected and even before I was elected that if I were fortunate enough to be elected that I would continue to travel around the County to try to listen and learn to see what issues were facing the constituents as well as the elected officials. I have gone to all 31 municipalities  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 Mr. Roemer (Cont’d.) multiple times and again I am really here to listen and learn and if there is anything that comes up and you would like to talk to me about it; I will be here after the meeting. Thank you very much for your time. 6.A. ANNOUNCEMENTS: Pres. of Council: Just a reminder that our next Committee meeting is on Tuesday, the day after Martin Luther King Day, because of the holiday. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: None. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, AND DIRECTOR OF LAW. Mayor: I would also like to welcome Council back for the new year. I am looking forward to 2013. I think we have a pretty exciting budget and I think it is going to be a good year for us. It is going to be busy. We have a lot of things planned. There is a lot of nice economic development coming in now and so we are pretty excited about that. Next Wednesday, I will be giving the “State of the City” to the Chamber and that is open to anybody who wishes to go to that. I will be doing a sneak preview to the City employees on Monday for anybody wishing to come to it at around 11:30 a.m. So that will give me a little training on it, plus I love giving it to the employees and going over everything that I am going to go over on Wednesday, and so you are welcome to come to either or. There are a lot of things on the agenda; a lot of housekeeping ordinances and so I am not going to go through the items that I would ask you to adopt, but there are a couple that are not housekeeping that I will stop you as you get moving along; specifically the North Avenue ODOT Project. ODOT is asking us to get the legislation done. It is a project that is a resurfacing up towards the north end of North Avenue and we will be happy to get that done this coming year and that is an 80/20 resurfacing project. Outside of that; that is the end of my report. st Mr. Maguire: In the past we have adopted the housekeeping ordinances at 1 Reading; is that going to be the case tonight or not? Mayor: I would expect Council to adopt them, but you don’t have to. Ordinances 1-12 are housekeeping; 13-20 are capital projects; 27 through . . . are more capital projects and as they come up, I will interrupt you and I will explain those and you will know what the capital ones are. Pres. of Council: I should have made mention to Council that we have both of our Clerks here tonight because of the amount of new legislation and the bulk of reading that into the record and then going to the agenda, etc. They are going to tag team tonight and so we should take advantage of both of them being here and if Council wishes; we can get most of st that adopted at 1 Reading tonight. Mayor: Linda, one other thing; Item 16, Ord. 105-2012; I would ask Council to just give that nd a 2 Reading. That is the Memorandum of Understanding. I know that I misspoke on Monday night about the decontamination trailer being stored in Munroe Falls. We were talking about another issue in Munroe Falls with a gator up there. The trailer is actually stored at 210 Osceola. It has been down there for 13 years and it has never been delivered out on the scene yet. Our involvement will be that if it is called to action; we will hook it up to a pickup truck and nd drop it off at the scene. That is the limit of that. You are giving it a 2 Reading tonight. I just want to make sure that I told you that I misspoke in saying that it was at Munroe Falls and it is not. End of report. Dir. of Pub. Service: I will keep it short just because we do have such a large agenda. The important thing that everyone worries about this time of year is the salt. We have used 800 tons so far and we are parallel where we were this time last year. We are in really good shape right now. st There are several ordinances before you that I am hoping to get passed at 1 Reading and if you have any questions on any of those as they come up; I will be happy to answer your questions. End of report. Dir. of Finance: Thank you very much. The General Fund collected 10% more than the annual estimated revenue. We are at 4.67% ahead of last year. Income Tax collections were ahead of last year by over 7% and 8% above the annual projected revenue. The Recreation Center ended the year with $139,046 in net operating profit. Maca Park, which I reported previously, but I will include it again, had an increase of 8.52% in net operating profit over last year. We ended the year with an unencumbered balance of $4,712,528 which eclipses last year by $721,111. The Fire Fund has an unencumbered balance of $255,365. The Street Fund ended the year with an unencumbered balance of $92,955. The Sewer Operating Fund has an unencumbered balance of a little over $1.6 million. The Water Fund has an unencumbered balance of almost $1.9 million. The Storm Water Fund has an unencumbered balance of $63,711. st I also would like to request a 1 Reading adoption for Resolutions 1 and 2-2013. They too are housekeeping items. If you have any questions, I would be happy to address them. 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 Dir. of Law: Thank you. I also am looking forward to a good new year. I wanted to ask for st the adoption at 1 Reading for housekeeping Ordinances 23, through 26-2013 this evening. I also wanted to just point out so we didn’t have to stop once you get started that the amendments on Ord. 103-2012, which is for the 76 North Avenue Project; the sections that relate to the conditions . . . the Subsection A. is directly from the recommendations from Planning & Zoning and B., C., and D. are just clarifications of the discussion that took place there and then based on what discussion we had here at Council on Monday night. I worked with Roger Lyons and these are the recommendations of additional language for conditions that the Administration is recommending as opposed to Planning & Zoning. So I just wanted to make sure that that was pointed out. The same applies to Ord. 106-2012. The section with regard to conditions is Subsection A. and it comes from the Planning & Zoning Commission where B. just clarifies the nature of the development about it being one building, 40 units senior housing apartments restricted to ages 55 and older. So, again that was just for purposes of being able to refer back to those ordinances and have a clear picture as to what the application truly contained inside of it for ease of enforcement purposes later for anyone who had to do that. Thank you very much. End of report. Pres. of Council: I have one question; Item 15. Ord. 104-2012; the U-Haul . . . it says amend and I don’t remember having that as an amendment. I thought that was ready to go. Mayor: They put the conditions in. Dir. of Law: We had to put the conditions in from Planning & Zoning. There were only two which is under Section 2, but we did add those conditions. Pres. of Council: OK. Alright. Economic Developer: I will be brief. On Monday evening the Finance Committee recommended adoption of Ord. 93, 94, 101 and 102-2012. They are income tax st abatement ordinances. This evening I would ask for 1 Reading adoption of Ord. 51, 52, and 53-2013 as they are like ordinances. Thank you. Mr. Sarver: Thank you. Plaza Maya; is that closed? Economic Developer: It is closed and there was a restaurant that was supposed to go in and that fell through. Mr. Sarver: What kind of restaurant? Economic Developer: It was just going to be a family restaurant. Mr. Sarver: How about Donato’s? Economic Developer: Donato’s has a long-term lease with the Levy & Company that owns the plaza. They are trying to sublet that space. Levy is not willing to entertain any offers that are less than the lease rate that Donato’s was paying so that is a hurdle. Mr. Sarver: The demo on South Avenue; is that about ready to open? Economic Developer: We were expecting them . . . they were hoping to be in before the end of the year, but because of add-ons to construction at the tenant’s request, it has extended construction so we expect them in this spring or before spring. rd 10. Ordinance 93-2012 At 3 Reading. PLANNING & ZONING Amending Ordinance 94-2010 for a Condi- Conditional Zoning Certificate to applicant Ardmore Foundation, Inc. for special non- residential development and use at a 10.206 acre parcel at 508 Newton Street for a day/vocational program for adults with disabilities. Mr. Donovan moved for the adoption of Ord. 93-2012. Seconded Mr. Maguire. Pres. of Council: I had these two items confused. This is ready to go without an amendment. Mrs. Kilway: It looks like there might be a typo on the agenda because on the agenda it says, “Amending Ordinance 94-2012.” She read 2010, but that might be the problem. Dir. of Law: Yes. It should be 94-2010 and I believe, just for point of clarification for the Clerk; I know that Ms. Burton will typically read off of the actual legislation as opposed to the agenda and maybe that is what you did do, but on the actual legislation, it is amending Ord. 94-2010. Ord. 93- 2012 is amending Ord. 94-2010 for a conditional zoning certificate to applicant Ardmore Foundation, Inc. for special nonresidential development and use at a 10.206, etc., etc. So what this is doing is amending their previous conditional zoning. Tonight you are just adopting. There is no amendment; there is no new amendment on the floor. OK? Mr. Maguire: After all of that; I second it. Pres. of Council: We are kind of off to a bad start with the length of our agenda!! There is a motion by Mr. Donovan and a second by Mr. Maguire to adopt Ord. 93-2012. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 93-2012 is adopted by a vote of 6-0. 3  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 rd 11. Ordinance 94-2012 At 3 Reading. FINANCE Authorizing the Mayor to enter into an agreement with SD Myers, Inc. for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enact- ment. Mr. Maguire moved for the adoption of Ord. 94-2012. Seconded Mr. Stalnaker. Roll Call: Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 94- 2012 is adopted by a vote of 6-0. nd 12. Ordinance 101-2012 At 2 Reading. FINANCE Authorizing the Mayor to enter into an agreement with Autosales, Incorporated for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 101-2012. Seconded Mrs. Kilway. Mr. Sarver: Where is Autosales? Economic Developer: (Inaudible – microphone not turned on). Roll Call: Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 101-2012 is adopted by a vote of 6-0. nd 13. Ordinance 102-2012 At 2 Reading. FINANCE Authorizing the Mayor to enter into an agreement with Steere Enterprises, Inc. for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 102-2012. Seconded Mr. Stalnaker. Roll Call: Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar – unanimous. Ord. 102- 2012 is adopted by a vote of 6-0. nd 14. Ordinance 103-2012 At 2 Reading. PLANNING & ZONING Approving and granting a Conditional Zoning Certificate for special nonresidential development to applicant Mota Design Group, Inc. on behalf of owner Circle North LLC at 76 North Avenue. Mr. Donovan moved for the amendment of Ord. 103-2012. Seconded Mr. Sarver. Roll Call: Mr. Stalnaker - yes, Mr. Donovan - yes, Mrs. Kilway - yes, Mr. Maguire - abstain, Mrs. Poinar – yes . . . Mr. Sarver: I think he has to explain. Dir. of Law: For purposes of the record, if you want to go ahead and state . . . Mr. Maguire: I represent the seller. Roll Call (Cont’d.) Mr. Sarver – yes. Ord. 103-2012 is amended by a vote of 5-0 with one nd abstention. It is at 2 Reading and will remain before the Planning & Zoning Committee. nd 15. Ordinance 104-2012 At 2 Reading. PLANNING & ZONING Approving and granting a Conditional Zoning Certificate for special nonresidential development to applicant Nick DeWalt, AFS LLC on behalf of owner Managed Assets Corp. for operating a truck rental business, specifically parking for U-Haul trucks at 389 Commerce Street. Mr. Donovan moved for the amendment of Ord. 104-2012. Seconded Mrs. Kilway. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker – unanimous. Ord. 104- nd 2012 is amended by a vote of 6-0. It is at 2 Reading and it will remain before the Planning & Zoning Committee. 4  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 nd 16. Ordinance 105-2012 At 2 Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into a Memorandum of Understanding between the County of Summit, City of Akron, and City of Green concerning decontamination trailers and providing for immediate enact- ment. nd Pres. of Council: Ord. 105-2012 is at 2 Reading and will remain before the Community Issues/Safety Committee. nd 17. Ordinance 106-2012 At 2 Reading. PLANNING & ZONING Amending Ordinance 26-1981, Ordinance P.H. ON 1-24-13 @ 7:02 P.M. 113-1986, and Ordinance 33-2000, to permit a revised site plan at Stone Creek Allotment No. 1 Parcels A & B and Lot No. 11 of Stone Creek Allotment No. 3. Mr. Donovan moved for the amendment of Ord. 106-2012. Seconded Mr. Stalnaker. Roll Call: Mrs. Kilway - yes, Mr. Maguire – abstain because of Ord. 103-2012 and these are potentially conflicting for the same reason. Dir. of Law: Correct and in this particular instance it is an indirect conflict of interest because both applicants are actually trying to obtain the same pool of money from a different third party source, but because of that I think it is best if Mr. Maguire abstain. Roll Call (Cont’d.) Mrs. Poinar - yes, Mr. Sarver – yes, Mr. Stalnaker – yes, Mr. Donovan – yes. nd Ord. 106-2012 is amended by a vote of 5-0 with one abstention. It is at 2 Reading and will remain before the Planning & Zoning Committee. st 18. Ordinance 1-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase of cold planing of asphaltic concrete and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 1-2013. Seconded Mrs. Kilway. Roll Call: Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 1-2013 is adopted by a vote of 6-0. st 19. Ordinance 2-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase of hot mix asphalt in place and providing for imme- diate enactment. Mr. Sarver moved for the adoption of Ord. 2-2013. Seconded Mrs. Kilway. Roll Call: Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 2-2013 is adopted by a vote of 6-0. st 20. Ordinance 3-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for sealing cracks and joints in paved streets and providing for imme- diate enactment. Mr. Sarver moved for the adoption of Ord. 3-2013. Seconded Mrs. Kilway. Roll Call: Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar – unanimous. Ord. 3-2013 is adopted by a vote of 6-0. st 21. Ordinance 4-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for pavement marking and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 4-2013. Seconded Mr. Donovan. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver – unanimous. Ord. 4- 2013 is adopted by a vote of 6-0. 5  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 st 22. Ordinance 5-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise and solicit bids and the Mayor to enter into a contract for concrete projects on public property and providing for imme- diate enactment. Mr. Sarver moved for the adoption of Ord. 5-2013. Seconded Mr. Donovan. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker – unanimous. Ord. 5-2013 is adopted by a vote of 6-0. st 23. Ordinance 6-2013 At 1 Reading. PERSONNEL Authorizing the Director of Public Service to advertise for bids and the Mayor to award a contract for temporary labor and providing for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 6-2013. Seconded Mr. Donovan. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 6-2013 is adopted by a vote of 6-0. st 24. Ordinance 7-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to enter into a con- tract with John Thoenen/dba Inspection Services for construction administration and inspection services and providing for imme- diate enactment. Mr. Sarver moved for the adoption of Ord. 7-2013. Seconded Mrs. Kilway. Roll Call: Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 7-2013 is adopted by a vote of 6-0. st 25. Ordinance 8-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to contract with Arcadis U.S., Inc. for engineering and consulting services relating to water and sewer system improvement and other general engineering services and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 8-2013. Seconded Mrs. Kilway. Roll Call: Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 8-2013 is adopted by a vote of 6-0. st 26. Ordinance 9-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to enter into a con- tract with URS Corporation-Ohio for general traffic engineering services for various streets and projects and other general engineering services and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 9-2013. Seconded Mrs. Kilway. Roll Call: Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar – unanimous. Ord. 9-2013 is adopted by a vote of 6-0. st 27. Ordinance 10-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to contract with Bur- gess and Niple, Inc. for engineering and consulting services relating to water system development and other general engineering services and providing for immediate enact- ment. Mr. Sarver moved for the adoption of Ord. 10-2013. Seconded Mrs. Kilway. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver – unanimous. Ord. 10- 2013 is adopted by a vote of 6-0. 6  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 st 28. Ordinance 11-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase of lime- stone and providing for immediate enact- ment. Mr. Sarver moved for the adoption of Ord. 11-2013. Seconded Mrs. Kilway. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker – unanimous. Ord. 11-2013 is adopted by a vote of 6-0. st 29. Ordinance 12-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase of asphalt picked up and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 12-2013. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 12-2013 is adopted by a vote of 6-0. st 30. Ordinance 13-2013 At 1 Reading. FINANCE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase of radio read water meters and providing for imme- diate enactment. Mr. Maguire moved for the adoption of Ord. 13-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 13- 2013 is adopted by a vote of 6-0. st 31. Ordinance 14-2013 At 1 Reading. FINANCE Authorizing the Director of Public Service to advertise and solicit bids and the Mayor to enter into a contract for the purchase of a water valve exercising machine and pro- viding for immediate enactment. Mr. Maguire moved for the adoption of Ord. 14-2013. Seconded Mr. Stalnaker. Mr. Sarver: What is a water valve exercising machine? Dir. of Pub. Service: It is the main line valves in our water system . . . if they have set for a long time and they haven’t been turned and we have a water break and we are unable to turn them, this machine will enable crews to go out and exercise the valves around the City; it opens and closes them. It will give us a count of the number of turns on it; tell if it is left on or right on. We can also GPS all of these units. Mr. Sarver: So we can’t do this through the Recreation Department! Roll Call: Mrs. Kilway, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mr. Maguire, Mrs. Poinar – unanimous. Ord. 14-2013 is adopted by a vote of 6-0. st 32. Ordinance 15-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into the necessary contracts for the purchase of a trailer mounted leaf collector through the State Purchasing Program, the ODOT Cooperative Purchasing Program, or Local Preference as allowed by ordinance and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 15-2013. Seconded Mr. Stalnaker. Mr. Sarver: Is this replacing one of them or are we going to have another one now? Dir. of Pub. Service: Well, it is additional, but these are very high maintenance machines and we have one go down every other day for some reason or another and actually this will be able to . . . instead of having a crew stop; they will be able to drop the machine that they have and pick up the new machine and just keep it in rotation. Mr. Sarver: Good. That makes sense. Roll Call: Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mr. Maguire, Mrs. Poinar, Mrs. Kilway – unanimous. Ord. 15-2013 is adopted by a vote of 6-0. 7  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 st 33. Ordinance 16-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into the necessary contracts for the purchase of a sewer camera through the State Pur- chasing Program, the ODOT Cooperative Purchasing Program, or Local Preference as allowed by ordinance and providing for immediate enactment. Mr. Sarver: Same question. Dir. of Pub. Service: OK, this is so we can video our sewer system and check for leakage, damage to pipes, etc. Mr. Sarver: I knew that, but don’t we have one now? Dir. of Pub. Service: All we have is a push camera that is good for a small line such as a lateral or something. This is actually; it will be a drivable machine. Mr. Sarver: So it is a bigger machine? Dir. of Pub. Service: Right. Mr. Sarver: I knew that we had the other because the City has used it in my house. Dir. of Pub. Service: We will be able to do long runs with large pipe. Mr. Maguire moved for the adoption of Ord. 16-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Stalnaker, Mr. Donovan, Mr. Maguire, Mrs. Poinar, Mrs. Kilway, Mr. Sarver – unanimous. Ord. 16- 2013 is adopted by a vote of 6-0. st 34. Ordinance 17-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into the necessary contracts for the purchase of a 3/4 ton pickup truck through the State Purchasing Program, the ODOT Coop- erative Purchasing Program, or Local Preference as allowed by ordinance and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 17-2013. Seconded Mr. Donovan. Mr. Sarver: Is this for Wayne Wilson? Mayor: Yes, this one is for Wayne and the next one . . . Dir. of Pub. Service: This one is for the Street Department and actually the next one is for Wayne. Mr. Sarver: I thought in the budget process we had one coming . . . we had two? Dir. of Pub. Service: Yes. Roll Call: Mr. Donovan, Mr. Maguire, Mrs. Poinar, Mrs. Kilway, Mr. Sarver, Mr. Stalnaker – unanimous. Ord. 17-2013 is adopted by a vote of 6-0. st 35. Ordinance 18-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into the necessary contracts for the purchase of a ¾ ton pickup truck through the State Purchasing Program, and ODOT Coop- erative Purchasing Program, or Local Preference as allowed by ordinance and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 18-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Maguire, Mrs. Poinar, Mrs. Kilway, Mr. Sarver, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 18- 2013 is adopted by a vote of 6-0. st 36. Ordinance 19-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into the necessary contracts for the purchase of two snow plows through the State Purchasing Program, the ODOT Cooperative Pur- chasing Program, or Local Preference as allowed by ordinance and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 19-2013. Seconded Mr. Donovan. Mr. Sarver: Snowplows; is this for the two trucks or is this for the bigger ones? Dir. of Pub. Service: No, it is just two plows for the bigger trucks. Mr. Sarver: So we are going to have more? Dir. of Pub. Service: Well, some of them need to be retired. They have been band-aided all we can do. Mr. Sarver: Now I guess I have a question for the Law Director. Why did we have to have two separate ordinances for pick-up trucks, but we could do two plows in one ordinance? 8  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 Dir. of Pub. Service: They were from separate accounts; separate funds. Mr. Sarver: Oh, so the two pick-up trucks came out of different funds; is that what you are saying? Dir. of Pub. Service: Correct. Roll Call: Mrs. Poinar, Mrs. Kilway, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mr. Maguire – unanimous. Ord. 19-2013 is adopted by a vote of 6-0. st 37. Ordinance 20-2013 At 1 Reading. PUBLIC UTILITIES Authorizing the Mayor to advertise for bids and enter into a contract for constructing waterlines and appurtenances thereto on East Avenue to Crystal Parkway and pro- viding for immediate enactment. Mr. Sarver moved for the adoption of Ord. 20-2013. Seconded Mrs. Kilway. Mayor: This is the looping process from the industrial park; the annexed area, through East End Welding, up East Avenue and tying into towards Washburn Road. There will not be a water connection for use along East Avenue and Portage County. We did meet with Portage County working on the agreements to go in the public right-of-way along there. We will have some fire hydrants strategically placed along there and emergency connection to Portage County only for emergency use. So, for the integrity of our waterlines going down East Howe Road into the industrial park; if we have a water main break anywhere along that, then we would shut down the industrial park; Rubbermaid, Tube & Steel . . . so this will help the whole looping system of the industrial park. Mr. Sarver: Does Crystal Parkway come out to East Avenue? Mayor: No, the waterline that goes; it actually goes down Hughes Drive through the field beside Rubbermaid down Portage Boulevard to Crystal Parkway and then it goes along an easement through the back of East End Welding all the way down to East Avenue. So our waterline is about 300’ short of East Avenue now and so we will continue down our easement along in front of Maplecrest Golf Course all the way up to tie into . . . Mr. Sarver: I couldn’t see how you got to East Avenue and then to Crystal Parkway, but I see now. Roll Call: Mrs. Kilway, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mr. Maguire, Mrs. Poinar – unanimous. Ord. 20-2013 is adopted by a vote of 6-0. st 38. Ordinance 21-2013 At 1 Reading. PUBLIC SERVICE Declaring that certain City-owned vehicles obtained through criminal forfeiture to be excess and authorizing the Director of Public Service to dispose of such vehicles in accordance with law and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 21-2013. Seconded Mrs. Kilway. Roll Call: Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mr. Maguire, Mrs. Poinar, Mrs. Kilway - unanimous. Ord. 21-2013 is adopted by a vote of 6-0. st 39. Ordinance 22-2013 At 1 Reading. FINANCE Declaring certain City-owned vehicles to be excess and authorizing the Director of Public Service to sell such equipment at public sale or trade-in and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 22-2013. Seconded Mr. Stalnaker. Mayor: Just for your knowledge, we will be trading the vehicles on the two ¾ ton trucks to really reduce the price of the ¾ ton trucks. There are like nine vehicles that we are taking out of our fleet for the trade-in. They are not worth a lot of value, but they will accept all of those for the two vehicles. Mr. Stalnaker: What about the dump truck that was so rusted out that it looks like the bed is going to fall off of it? Dir. of Pub. Service: No dump trucks are going yet. It is pick-up trucks, Crown Vic’s . . . Mr. Stalnaker: You have one dump truck and you should give somebody about ten cans of Rustoleum and spray it white and cover up all of that rust. Dir. of Pub. Service: We would like to! We actually have to roll it on because we are not allowed to spray. Mr. Stalnaker: It doesn’t look very good. Roll Call: Mr. Stalnaker, Mr. Donovan, Mr. Maguire, Mrs. Poinar, Mrs. Kilway, Mr. Sarver – unanimous. Ord. 22-2013 is adopted by a vote of 6-0. 9  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 st 40. Ordinance 23-2013 At 1 Reading. FINANCE Authorizing the Director of Law to enter into an agreement with the Summit County Public Defender’s Commission, authorizing payment therefore, and providing for imme- diate enactment. Mr. Maguire moved for the adoption of Ord. 23-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Donovan, Mr. Maguire, Mrs. Poinar, Mrs. Kilway, Mr. Sarver, Mr. Stalnaker – unanimous. Ord. 23- 2013 is adopted by a vote of 6-0. st 41. Ordinance 24-2013 At 1 Reading. COMMUNITY ISSUES/SAFETY Authorizing the Director of Law to negotiate and to enter into a contract with Oriana House, Inc. to provide for a misdemeanant work release program, halfway house, and home incarceration for misdemeanant offenders and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 24-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 24- 2013 is adopted by a vote of 6-0. st 42. Ordinance 25-2013 At 1 Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into an agreement with the City of Cuyahoga Falls for use of the Cuyahoga Falls City Jail facility and providing for immediate enact- ment. Mr. Stalnaker moved for the adoption of Ord. 25-2013. Seconded Mr. Donovan. Mr. Maguire: Yes. Question for the Law Director; do we sometimes use Cuyahoga Falls and sometimes use Macedonia? Dir. of Law: That’s correct; we actually have an agreement with both which comes in very handy because Cuyahoga Falls is more conveniently located for our Police Force and it is actually cheaper for us to transport and cheaper for inmates to stay there, however, they fill up more regularly and so we have no choice but to go to Macedonia Jail and so we do need both. Roll Call: Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 25-2013 is adopted by a vote of 6-0. st 43. Ordinance 26-2013 At 1 Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into an agreement with the City of Macedonia for use of the Macedonia City Jail facility and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Ord. 26-2013. Seconded Mrs. Kilway. Roll Call: Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar – unanimous. Ord. 26- 2013 is adopted by a vote of 6-0. st 44. Ordinance 27-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into a con- tract for the purchase of electronic parts and computers from CDW-G for various departments of the City without competitive bid through the State Purchasing Program and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 27-2013. Seconded Mr. Stalnaker. Mr. Sarver: The same question would be for this ordinance as the next ordinance; why are we buying electronic equipment without going out to bid? Mayor: It is through State Purchasing and that is the best price and if Lloyd wants to speak . . . it is the best price that we have. Mr. Sarver: OK. Thank you. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver – unanimous. Ord. 27-2013 is adopted by a vote of 6-0. 10  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 st 45. Ordinance 28-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into a con- tract for the purchase of electronic parts and computers from Dell Inc. for various departments of the City without competitive bid through the State Purchasing Program and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 28-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker – unanimous. Ord. 28- 2013 is adopted by a vote of 6-0. st 46. Ordinance 29-2013 At 1 Reading. FINANCE Expressing intent to sell unneeded, obso- lete, or unfit municipal personal property by internet auction in calendar year 2013 and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 29-2013. Seconded Mr. Stalnaker. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 29- 2013 is adopted by a vote of 6-0. st 47. Ordinance 30-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to negotiate and the Mayor to contract for various policies of insurance for the City and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 30-2013. Seconded Mrs. Kilway. Roll Call: Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 30-2013 is adopted by a vote of 6-0. st 48. Ordinance 31-2013 At 1 Reading. PERSONNEL Authorizing the Director of Public Service to advertise for proposals and the Mayor to enter into one or more contracts for major medical, dental, eye, and group life insur- ance for various officials and employees of the City and providing for immediate enact- ment. Mrs. Kilway moved for the adoption of Ord. 31-2013. Seconded Mr. Maguire. Roll Call: Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 31-2013 is adopted by a vote of 6-0. st 49. Ordinance 32-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to contract with GPD Group for engineering and consulting ser- vices relating to storm water improvements and other general engineering services and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 32-2013. Seconded Mrs. Kilway. Mayor: Just to let Council know; we are working with GPD; they are working with us and Brimfield and Portage County to do a connectability grant. It will be from . . . the scope of the project is from East Avenue/Munroe to Route 43 along all of County Road 18 past the Cascades; sidewalks, connectability from the neighborhoods coming into it. It is a pretty neat grant that we are working on. The application is due here in a little bit, but we are working with GPD on that. The next phase of that we will be looking at traffic control along East Avenue all the way down to the expressway. Roll Call: Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar – unanimous. Ord. 32-2013 is adopted by a vote of 6-0. st 50. Ordinance 33-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Ohio Director of Transpor- tation to resurface State Route 91 from SLM 6.2 to SLM 7.05 and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 33-2013. Seconded Mrs. Kilway. 11  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 Mayor: This is an ODOT project that we were granted resurfacing. It is 300’ south of Howe Road all the way past the Fairgrounds down into Munroe Falls to North Moreland where they completed their project about a year ago with paving. This will continue on down there. This is multi-jurisdictional; Munroe Falls, Tallmadge and ODOT. It is a pretty neat project. It will be nice to get that area done up there. This will not be done until after July towards the end of summer and so we are looking at possibly putting a third lane; turn lane into Fox Ridge along that and the Fairgrounds prior to ODOT coming in and repaving this thing. So we will be busy on that in the springtime. Pres. of Council: That would be nice. This takes care of the long complained waffle board, which actually took care of itself because over time, it has kind of gotten a little better because it is worn down and that occurred right when Munroe Falls had done theirs that summer and so it even made our waffle board all the more worse, so this is a good thing and I will look forward to getting this done after July. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver – unanimous. Ord. 33-2013 is adopted by a vote of 6-0. st 51. Ordinance 34-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into an agreement with Akron Polymer Products Inc. for a New Jobs Program Grant pur- suant to T.C.O. 160.05 and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 34-2013. Seconded Mr. Stalnaker. Mr. Maguire: Where is Akron Polymer Products? Economic Developer: On Kennedy Drive; on the end of Kennedy against the expressway off of Gilchrist Road. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker – unanimous. Ord. 34-2013 is adopted by a vote of 6-0. st 52. Ordinance 35-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into an agreement with S & A Industries Corpora- tion for a New Jobs Program Grant pur- suant to T.C.O. 160.05 and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 35-2013. Seconded Mr. Stalnaker. Mr. Sarver: Where is S & A Industries? Economic Developer: It is a sister company of Akron Polymer; it is two corporations within one building. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 35-2013 is adopted by a vote of 6-0. st 53. Ordinance 36-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into an agreement with Waltco Lift Corp. for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enact- ment. Mr. Maguire moved for the adoption of Ord. 36-2013. Seconded Mr. Stalnaker. Mr. Stalnaker: Mr. Mayor; on Waltco; has that kind of settled down; are they feeling good about staying there? Mayor: We met with them and we gave them some alternatives, some options and their goal is that they are out of space and they want to go into a single building; either we add on to that existing building this side of the railroad tracks, or try to combine some towards the bowling alley. We have been working with them and they have been open with us. Dennis has been down there a lot with them. We are doing everything we can to keep them. Mr. Stalnaker: Yes. Roll Call: Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 36-2013 is adopted by a vote of 6-0. st 54. Ordinance 37-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into a con- tract for the purchase of an email archiving and spam filtering solution from Wind- stream Hosted Solutions for the City with- out competitive bid through the State Pur- chasing Program and providing for imme- diate enactment. Mr. Maguire moved for the adoption of Ord. 37-2013. Seconded Mr. Stalnaker. 12  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 Mayor: When it says without competitive bid; State Purchasing is a competitive bid and this is part of our phone system company that we have had now for the last couple years and through the cooperative that we have entered into with them; it is a purchased bid item through the State. Mr. Donovan: They have already done the bids? Mayor: Yes. Roll Call: Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 37-2013 is adopted by a vote of 6-0. st 55. Ordinance 38-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into a con- tract for the purchase of a Hosted Server Environment from Windstream Hosted Solutions for the City without competitive bid through the State Purchasing Program and providing for immediate enactment. Mr. Maguire moved for the adoption of Ord. 38-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar – unanimous. Ord. 38- 2013 is adopted by a vote of 6-0. st 56. Ordinance 39-2013 At 1 Reading. PERSONNEL Amending Ordinance 96-2012 establishing the number of employees by department and position pursuant to R.C. 731.08 and providing for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 39-2013. Seconded Mr. Donovan. Mayor: The only thing that you are amending . . . we have already adopted this, but under the Rec Center Facility Supervisor; it was in Band 2 and it should have been in Bank 1. Instead of calling it a typo, we wanted to bring it back and instead of just amending that one little section, since this ordinance is looked at so much; we just wanted to have a clean copy in front of whoever looks at it from this point going forward. That is why you have the whole thing here instead of just one sentence saying that it is amending the typo. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver – unanimous. Ord. 39-2013 is adopted by a vote of 6-0. Mr. Sarver: Before you go on to the resolutions; I have a question for the Law Director; actually for the Mayor first. The two pick-up trucks that we are buying; where are we going to get those? Mayor: Most likely Park Ford. The ordinance that is on the books with Council says that if a Local Preference can match the State Purchasing, which they beat the State Purchasing price, and so it will be most likely . . . and that is where we buy pretty much all of our Ford vehicles is in Tallmadge. Mr. Sarver: Now for Megan, our Law Director; I work part-time at Park Ford and I voted on that legislation; should I have abstained? Dir. of Law: Were you aware until right now that they had any interest in it? Mr. Sarver: Not until I just asked him. I mean, I knew; I have been on Council 14 years and so I knew that we usually get them at Park Ford, but after I voted as we are going on, I thought that if they get them at Park Ford; I may have had a conflict. Mayor: He delivers cars there. Dir. of Law: I mean, you would be employed regardless of whether or not the City . . . Mr. Sarver: Yeah, I have nothing to do with sales; I drive for them. Dir. of Law: In this particular instance, I think you will be alright to proceed. Thank you for bringing that to our attention. Mayor: There are no guarantees that it will be Park Ford. Most likely it will be. Dir. of Law: Because we have not even made that final determination yet. Mayor: We have not made that; if they can beat State Purchasing. st 57. Resolution 1-2013 At 1 Reading. FINANCE Authorizing the Summit County Fiscal Officer to advance payment of local taxes collected for the 2012 tax year, payable in 2013 and providing for immediate enact- ment. Mr. Maguire moved for the adoption of Res. 1-2013. Seconded Mr. Donovan. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker – unanimous. Res. 1- 2013 is adopted by a vote of 6-0. 13  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 10, 13 st 58. Resolution 2-2013 At 1 Reading. FINANCE Authorizing the Portage County Auditor to advance payment of local taxes collected for the 2012 tax year, payable in 2013 and providing for immediate enactment. Mr. Maguire moved for the adoption of Res. 2-2013. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mr. Sarver, Mr. Stalnaker, Mr. Donovan – unanimous. Res. 2-2013 is adopted by a vote of 6-0. st 59. Resolution 3-2013 At 1 Reading. Expressing support of Tallmadge Housing, LLC in conjunction with Frontier Community Services to develop and construct an affordable senior housing development at Stone Creek Allotment No. 1 Parcels A & B and Lot Number 11 of Stone Creek Allot- ment No. 3 and providing for immediate enactment. Pres. of Council: Res. 3-2013, since it goes along with our zoning issue and that is up for adoption at our next meeting; were we going to hold . . . st Mayor: We are not asking for adoption of this. Just give it a 1 Reading please. st Pres. of Council: Res. 3-2013 is at 1 Reading and will be assigned to the Community Issues/Safety Committee. st 60. Resolution 4-2013 At 1 Reading. Expressing support of Moto Design Group, Inc. on behalf of the Owner, Circle North LLC, to develop and construct a mixed use development that includes an affordable senior housing component at 76 North Avenue and providing for immediate enact- ment. st Pres. of Council: Res. 4-2013 is at 1 Reading and will be assigned to the Community Issues/Safety Committee. 61. ADDITIONAL ITEMS: None. 62. ADJOURNMENT: Mr. Donovan moved to adjourn. Seconded Mr. Maguire. Voice vote 6-0. The Regular Council meeting adjourned at 8:15 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton Linda S. Poinar Clerk of Council President of Council 14