Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 24, 13 1. CALL TO ORDER: President of Council Poinar called the Regular Council meeting of Thursday, January 24, 2013 to order at 7:00 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE: Mayor Kline. 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mrs. Ray, Mr. Sarver, Mr. Stalnaker – present. Also present were Mayor Kline, Ass’t. Dir. of Finance Gilbride, Dir. of Law Raber, Director of Public Service Esler, Economic Developer Loughry and Clerk of Council Burton. 4. MINUTES: 1-10-13 Regular Council Meeting Minutes. Mr. Maguire moved to accept the 1-10-13 Regular Council meeting minutes. Seconded Mrs. Ray. Voice vote 7-0. The Regular Council meeting minutes of 1-10-13 were adopted by a vote of 7-0. FINANCIAL REPORTS:  Consolidated Investment Portfolio for the period ending 12-31-12 to Council on 1-15-13. Mrs. Ray moved to accept the Financial Report submitted by Dir. of Finance Shanafelt. Seconded Mrs. Kilway. Voice vote 7-0. The Financial Report submitted by Dir. of Finance Shanafelt was accepted by a vote of 7-0. 5. PUBLIC HEARINGS: rd Ordinance 106-2012 At 3 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 POLL 1-0 WITH ONE ABSTENTION permit a revised site plan at Stone Creek Allotment No. 1 Parcels A & B and Lot No. 11 of Stone Creek Allotment No. 3. Pres. of Council: It is now 7:01 p.m. and we will now open the public hearing for Ord. 106-2012. Dir. of Law: If I may, just a point of order; I believe we are required to open it at 7:02 p.m. and I believe that the clock is at 7:02 p.m. at this point. Pres. of Council: We will go with opening that at 7:02 p.m. which is now. If you would like to come up to the podium and begin with your name and address as usual. John LeVally, LW Construction Services, 184 West Main Street, Ashville, Ohio. I believe that most of you have already seen this whole thing, but in the spirit of community outreach and seeking input from everybody else in the community; I am here to answer any questions that you may have to the best of my ability. Thank you. Pres. of Council: At this time is there anyone else who would like to speak in favor of Ord. 106- 2012? No one came to the podium. Is there anyone who would like to speak against Ord. 106- 2012? No one came to the podium. For the second time; is there anyone who would like to speak either for or against Ord. 106-2012? No one came to the podium. Third and final time; is there anyone who would like to speak either for or against Ord. 106-2012? No one came to the podium. It is now 7:03 p.m. and I will close the public hearing and I will recognize the Chair of the Planning & Zoning Committee; Mr. Donovan. Mr. Donovan: I call the Planning & Zoning Committee to order, myself, Mr. Maguire and Mr. Sarver are present. I know Mr. Maguire that you are . . . Mr. Maguire: Abstaining. Mr. Donovan: Mr. Sarver; any questions? Mr. Sarver: I have not questions. Mr. Donovan: OK and you are . . . Mr. Sarver: I second. Mr. Donovan: In favor of adoption also? Mr. Sarver: Yes. Mr. Donovan: Madame Chair; we recommend 2-1 to adopt with one abstention. Mr. Sarver: I’m sorry; is it 2-1 or 2-0-1? Mr. Donovan: Two with one abstention. I close the committee. Pres. of Council: At this time; is there a motion? Mr. Donovan: I make a motion to adopt Ord. 106-2012. Seconded Mr. Stalnaker. Roll Call: Mrs. Kilway – yes, Mr. Maguire – abstain, Mrs. Poinar – yes, Mrs. Ray – yes, Mr. Sarver – I am trying to get a point of order. Dir. of Law: For purposes of the record, we will note that Mr. Maguire does have a fiduciary relationship with an applicant that is also on the agenda this evening and that is Ord. 103-2012 and because of that relationship and because both of those entities are going after the same pool of money through the funding through the State, it does create an appearance of conflict of interest and therefore I do deem that to be a conflict of interest and he may abstain. Roll Call (Cont’d.): Mr. Sarver – yes, Mr. Stalnaker – yes, Mr. Donovan – yes. Ord. 106-2012 is adopted by a vote of 6-0 with one abstention. 6. COMMUNITY INPUT: Pres. of Council: This is our Council Regular business meeting where we read our legislation into the record; we vote on it; we either vote on it or hold it over to the next meeting; amend it, etc. We will be starting that very shortly on our agenda and starting with Item 10. Once we start that, we are kind of clicking through pretty quickly and voting and  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 24, 13 Pres. of Council (Cont’d.) you may think; wow, do they even know what they are talking about, but actually we do our homework on Monday night’s before our meeting and actually this week we had it on Tuesday because of the Monday holiday and we made recommendations and so we actually do know where we are headed tonight with most of these pieces of legislation because we have had recommendations coming out of the committees they are under. But, anyway, this is our Regular business meeting, but we do still allow a short period of time during this meeting for public input. Once we start reading our legislation into the record, it is time for Council to vote and that is about all we do. So if anyone is here to talk about any piece of legislation or even any other miscellaneous item that isn’t on our agenda, now is the time to step up to the podium. So, is there anyone here tonight who would like to address Council on legislation or any other topic that is on their mind. I see no takers and so we will move on to Item 6.A. 6.A. ANNOUNCEMENTS: None. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: We have one addition tonight and we will handle it and put it into this slot right here; Item 8. and that is Ord. 39-2012, which is for Recall and Reconsideration. Ordinance 39-2013 Amending Ordinance 96-2012 establishing the number of employees by department and position pursuant to R.C. 731.08 and providing for immediate enactment. Pres. of Council: So, is there a motion to Recall this item? Mrs. Kilway: Yes, I move to Recall Ord. 39-2013. Seconded Mrs. Ray. Pres. of Council: There is a motion by Mrs. Kilway and a second by Mrs. Ray to Recall Ord. 39 . . . you said 2013, but it is 39-2012 correct? Mrs. Ray: Actually it is 39-2013. Pres. of Council: OK, my copy says 2012; so you are right. Thank you. Roll Call: Mr. Maguire, Mrs. Ray, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Poinar – unanimous. Ord. 39-20113 is Recalled by a vote of 7-0. Pres. of Council: At this time, I will recognize Mrs. Kilway as the Chair of Personnel Committee to handle this. Mrs. Kilway: I would like to open the Personnel Committee; myself, Mr. Stalnaker and Mr. Donovan are present. We need to reconsider, amend and approve this because there were a couple typos in the bands; the Recreation Facility Supervisor was listed as being Band 2 instead of Band 1 and the Property Evidence Manager was inadvertently listed as Band 2 instead of Band 3. Were there any other corrections to this? Mayor: I certainly hope not. I would like to consider those as typos, but since this is such a well used document that we want to make a clean copy and the Property Evidence person or Manager is definitely legislatively a Band 3. The ordinance said Band 2 and instead of calling it a typo which we probably could have; there are too many copies out there and I am just asking you to amend it and put the 3 instead of the 2 and adopt it if you would. Mrs. Kilway: Committee? Mr. Donovan: Yes. Mr. Stalnaker: I move to amend. Mrs. Kilway: We will amend it according to the new list and approve or adopt; Committee? Mr. Donovan: Yes. Mrs. Kilway: So we move to amend and adopt 3-0. I close the committee. Mrs. Kilway moved to approve Ord. 39-2013 as it is written today. Pres. of Council: Amend. Mrs. Kilway: Amend it first; OK, I am still new at this! Dir. of Law: If you want to withdraw that motion. Mrs. Kilway: I withdraw my motion. Dir. of Law: And make the new motion. Mrs. Kilway: Now I move to amend. Seconded Mr. Donovan. Roll Call: Mrs. Poinar, Mrs. Ray, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 39-2013 is amended by a vote of 7-0. Pres. of Council: Is there a motion for adoption? Mrs. Kilway moved to adopt Ord. 39-2013. Seconded Mr. Donovan. Roll Call: Mrs. Ray, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar – unanimous. Ord. 39-2013 is adopted by a vote of 7-0. Mayor: Thank you. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, AND DIRECTOR OF LAW. Mayor: To give you an update on the gas aggregation saga that is going on; I did have my conference call this afternoon at 3:30 p.m. and talked to the management of Direct Energy down in Texas. The temperature down there was 80º and I think when I got off the phone it was 85º. I talked with four members there and also Tom Bellish, who is our broker, who deals with it and the issue that happened was that when everybody signed up to switch over to Direct Energy . . . if you were currently with Direct Energy; you got switched over fine or you continued with the new rate of $4.19. Anybody that was with another supplier that 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 24, 13 Mayor (Cont’d.) wanted to switch and there are 443 of those customers; their names got into a queue and never out of the queue and never left Direct Energy and therefore they were never signed up for the $4.19. Hence, all of the phone calls that we are receiving . . . I thought I was signed up and I did this and I did everything you told us to do and so they are with higher rates. The resolve of this is that Direct Energy, and Betty Lyn Fisher was also involved with this and so you will see an article most likely tomorrow that she was with Direct Energy and was talking to me this afternoon and she is going to write something up. Direct Energy will be mailing out a letter to all 443 customers telling them that they will be enrolled and they will be at the lower rate and they will somehow, and they are not sure what this means, but they will make it right by giving them some type of refund of whatever their current rate is to the $4.19. We also talked about and I don’t know where this will go, but can you extend that $4.19 into the 2014 timeframe? The $4.19 is a phenomenal rate. You can’t get that on a fixed rate. If you wanted to go with the SCO with Dominion, today’s rate was $3.98, but that is a floating variable rate through Dominion. But, if you want a fixed rate; $4.19 is a good rate. Right now they are up in the upper $5 rate and low $6 for a fixed rate. But, the letters will be going out to those 443 customers and hopefully with tomorrow’s article in the Beacon Journal, people will understand. Tallmadge was not the only community that got messed up. There were a few others. They upgraded their computer programs and that is why I said, I think the temperature rose because I think people are losing their jobs not only from Tallmadge, but . . . but anyways, I think we have a handle on it and it should be fine. Tonight, Council I would ask you to adopt everything except Ord. 40-2013. It is easier to write that down than everything else and as those come up, and I know that there are some new faces here in the Council Chambers. That public hearing was relative to the senior credit housing off of Stone Creek Allotment that is up off of Colony Park and that was changing some of the zoning and some of the layouts of what that project was all about. It was originally scheduled for multiple buildings, and now it is going to one building and that is what the zoning was. The other project here on North Avenue, which was Ord. 103-2012 is going for conditional rd zoning to make it multi-use and that is a different type of application, but that is also at 3 Reading and that is also a senior credit project. So, they are both going for it and I encourage both of them to apply and good luck to each one of you and we will see where the chips fall as they fall. We also have the two resolutions of support for those projects and so I would ask Council to also adopt those. Mr. Stalnaker: Mr. Mayor, the broker’s name is Tom? Mayor: Bellish. Tom Bellish from Buckeye Energy. We have been with Buckeye Energy; when we started the aggregation program back in 2003, we entered into with Tom Bellish to help us broker this process and he has been with us all the way through. Linda, one other thing on gas; since we have some Tallmadge residents here; some residents tried to call in to get the gas rate at $4.19 and the call center said that that was no longer available; that is not true. The $4.19 is available if you call Direct Energy and say that you want to join the Tallmadge aggregation; you have to live in Tallmadge; I know some people have done it outside of Tallmadge and they got it, but you have to live in Tallmadge to get the rate. There is a number out there that you can call and get on that program and it is open; not closed. Dir. of Pub. Service: I would like to report that the Rec Center; we are almost at our 5,000 st member point. As of the 21 ; we were at 4,955 members. The salt deliveries are coming in in a timely manner now. We have about 1,200 tons in stock right now. It is supposed to be warm next week and so we won’t need it. We are in the process right with the National Guard about possibly coming in and constructing the earthen banks for the shooting range and the only cost to us would be for fuel. They would supply the manpower and the equipment. So, we will see how that works out. We also had a preliminary discussion this week with the City of Akron in regards to extending the water contract. End of report. Ass’t. Dir. of Finance: No report. Dir. of Law: I also have no report this evening. Economic Developer: Thank you. I will be very brief. Obviously we are very busy in the economic development as you look at your agenda this evening and this week actually Mr. Baker made a formal application for 41 lots and that will be on the Planning & Zoning agenda for their next meeting. End of report. Mr. Sarver: The lot across from Delanie’s that sold; it said I think in the paper that it was going to be a medical facility. Economic Developer: The name is a medical name, LLC, but no one has contacted me. It is something, something, medical LLC purchased that lot. Mr. Sarver: So we don’t know if it is a doctor’s office or a . . . Economic Developer: Not yet. Mr. Sarver: How about Plaza Maya? There was a possibility that somebody was going to go in there? 3  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 24, 13 Economic Developer: They backed out. I met with Mr. Antrobius last week and actually he has done a lot of remodeling. He has opened it up and took a couple of walls out. His hope is to still get another restaurateur in there. rd 10. Ordinance 103-2012 At 3 Reading. PLANNING & ZONING Approving and granting a Conditional ADOPT 1-0 WITH ONE ABSTENTION 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 adoption of Ord. 103-2012. Seconded Mr. Sarver. Dir. of Law: Just for the purpose of the record, I will note that Mr. Maguire has already indicated that he does have a fiduciary relationship with the owner and therefore is going to abstain from this matter as well. Roll Call: Mr. Sarver - yes, Mr. Stalnaker - yes, Mr. Donovan - yes, Mrs. Kilway – yes, Mr. Maguire – abstain, Mrs. Poinar – yes, Mrs. Ray – yes. Ord. 103-2012 is adopted by a vote of 6-0 with one abstention. rd 11. Ordinance 104-2012 At 3 Reading. PLANNING & ZONING Approving and granting a Conditional ADOPT 2-0 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 adoption of Ord. 104-2012. Seconded Mr. Sarver. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mrs. Ray, Mr. Sarver – unanimous. Ord. 104-2012 is adopted by a vote of 7-0. rd 12. Ordinance 105-2012 At 3 Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into a ADOPT 3-0 Memorandum of Understanding between the County of Summit, City of Akron, and City of Green concerning decontamination trailers and providing for immediate enact- ment. Mr. Stalnaker moved for the adoption of Ord. 105-2012. Seconded Mrs. Ray. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mrs. Ray, Mr. Sarver, Mr. Stalnaker – unanimous. Ord. 105-2012 is adopted by a vote of 7-0. st 13. Ordinance 40-2013 At 1 Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into a con- tract with the Tallmadge Little League, Inc. for lease of Mack Burleson Field and pro- viding for immediate enactment. st Pres. of Council: Ord. 40-2013 is at 1 Reading and is assigned to the Community Issues/Safety Committee. st 14. Ordinance 41-2013 At 1 Reading. FINANCE Authorizing the donation of a half day use of the Community Center to the Faithful Servants Mission and providing for imme- diate enactment. Mr. Maguire moved for the adoption of Ord. 41-2013. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mrs. Ray, Mr. Sarver, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 41- 2013 is adopted by a vote of 7-0. 4  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 24, 13 nd 15. Resolution 3-2013 At 2 Reading. COMMUNITY ISSUES/SAFETY Expressing support of Tallmadge Housing, POLL 3-0 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: The Community Issues/Safety Committee was going to poll and so I will recognize Mr. Stalnaker. Mr. Stalnaker: I call the Community Issues/Safety Committee to order; myself, Mrs. Kilway and Mrs. Ray are in attendance and we were going to poll on this as a companion of the resolutions. Is there anything from the committee? Mrs. Ray: I think as long as it is ready to go; I am for approval of it. Mrs. Kilway: Same here. Mr. Stalnaker: We move for the adoption of Res. 3-2013. Seconded Mrs. Kilway. Pres. of Council: We will make that a recommendation since you are still in committee. Mr. Stalnaker: I move for the adoption of Res. 3-2013. Seconded Mrs. Kilway. Roll Call: Mr. Maguire – abstain for the reasons previously articulated by the Law Director, Mrs. Poinar – yes, Mrs. Ray – yes, Mr. Sarver – yes, Mr. Stalnaker – yes, Mr. Donovan – yes, Mrs. Kilway – yes. Res. 3- 2013 is adopted by a vote of 6-0 with one abstention. nd 16. Resolution 4-2013 At 2 Reading. COMMUNITY ISSUES/SAFETY Expressing support of Moto Design Group, AMEND & POLL 3-0 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. Mr. Stalnaker: Again, Mrs. Kilway and Mrs. Ray and myself are present. We have Res. 4-2013 which we have an amendment. We agreed to poll 3-0. Is there anything from the committee? Mrs. Ray: I recommend that we amend and adopt Mr. Stalnaker. Mr. Stalnaker: We recommend amending and adopting by a vote of 3-0. That closes the committee. Mrs. Ray moved for the adoption of Res. 4-2013. Seconded Mr. Stalnaker. Roll Call: Mrs. Poinar – yes, Mrs. Ray – yes, Mr. Sarver - yes, Mr. Stalnaker – yes, Mr. Donovan – yes, Mrs. Kilway – yes, Mr. Maguire – abstain. Res. 4-2013 is amended by a vote of 6-0 with one abstention. Mrs. Ray moved for the adoption of Res. 4-2013. Seconded Mrs. Kilway. Roll Call: Mrs. Ray – yes, Mr. Sarver – yes, Mr. Stalnaker – yes, Mr. Donovan – yes, Mrs. Kilway – yes, Mr. Maguire – abstain, Mrs. Poinar – yes. Res. 4-2013 is adopted by a vote of 6-0 with one abstention. st 17. Resolution 5-2013 At 1 Reading. Extending the sympathy of the Council and the Administration to William C. Abbott and members of his family in the death of Helen L. Abbott and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Res. 5-2013. Seconded Mr. Donovan. Voice vote 7-0. Res. 5-2013 is adopted by a vote of 7-0. 18. ADDITIONAL ITEMS: None. 19. ADJOURNMENT: Mr. Donovan moved for adjournment. Seconded Mrs. Kilway. Voice vote 7-0. The Regular Council meeting of 1-24-13 adjourned at 7:29 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton Linda S. Poinar Clerk of Council President of Council 5