Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. February 28, 13 1. CALL TO ORDER: President of Council Poinar called the Regular Council meeting of Thursday, February 28, 2013 to order at 7:00 p.m. 2. PRAYER: Rev. Bill Michaels, St. Mark Lutheran Church, Tallmadge. 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, Dir. of Finance Shanafelt, Dir. of Pub. Service Esler, Dir. of Law Raber, Economic Developer Loughry and Clerk of Council Burton. 4. MINUTES: 2-14-13 Regular Council Meeting Minutes. Mrs. Ray moved to accept the 2-14-13 Regular Council meeting minutes. Seconded Mr. Donovan. Voice vote 7-0. The Regular Council meeting minutes of 2-14-13 were adopted by a vote of 7-0. FINANCIAL REPORTS:  Consolidated Investment Portfolio for the period ending January 31, 2013 to Council on 2-26-13.  Police Pension Transfer in the amount of $100,000 to Council on 2-27-13. Mr. Maguire moved to accept the Finance Reports submitted by Dir. of Finance Shanafelt. Seconded Mrs. Kilway. Voice vote 7-0. The Financial Reports were accepted by a vote of 7-0. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: This is our Regular business meeting where we take care of the business of reading our legislation into the record and holding it over to our next meeting and possibly voting on it or amending it. We will be starting that shortly when we get to Item 10 on our agenda. But, we do allow a short amount of time for community input at our Regular business meeting and now would be the time to do that. So whether you are here tonight to speak on a miscellaneous item or if you are here to speak about a piece of legislation, now is the time to come up to the podium. Is there anyone who would like to address Council at this time? No one responded. 6.A. ANNOUNCEMENTS: Pres. of Council: Just a reminder that we have had a request from Mrs. Raber for an Executive Session after our Regular Council meeting or before our Council meeting concludes this evening. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: Those are in paper form and are on your desks tonight. Ord. 47- 2013 becomes Item 11.A, Ord. 48-2013 becomes Item 11.B, and Ord. 49-2013 becomes Item 11.C. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, AND DIRECTOR OF LAW. Mayor: First, the “Keep Tallmadge Safe Committee” met again this week. It is really rd gaining a lot of headway. Again, the date for that forum will be April 3 at 7:00 p.m. at the Tallmadge High School. It is going to be exactly what the title says, “Keep Tallmadge Safe” and it will be put on by the City of Tallmadge, the School District, the Police Department and there will be mental health folks there for signs and symptoms of what to look for and different behavior patterns of children and adults. So look for more about that. The rd brochure will be coming out here as soon as we finalize it next week. Again, that is April 3 . I have formed a committee to look at the Tallmadge Cemetery and I have asked Mr. Donovan, because of his background for his business . . . we are running out of space again in our cemetery and we are wondering if we should start creating cribs or niches for cremations and so we are forming a committee just to look at all of our options and then we will present something back to Council for their input on it also. I would ask for the adoption of Ord. 40-2013. I had asked you to poll, but I would just ask you to hold that tonight. We don’t need to poll; it is just going to stay on Council’s agenda and then Item 11; adopt, and the other three are housekeeping ordinances, specifically Ord. 47-2013 which is authorizing us to apply for some Solid Waste Management grants for recycling. You can adopt it if you wish. I don’t really need it; it is just a housekeeping thing and we are applying for $8,000 worth of funds. Dir. of Pub. Service: The Street Department is busy evaluating our roads to see which ones we are going to choose for our 2013 Paving Program. They have used 2,400 tons of salt so far this year. We have to order 2,500 tons to meet our quota this year and so we should be fine there. We are running about the same as we did last year. th At the Rec Center, there were 692 people who attended our 5 Annual Rec Center Family th th Fun Night. During the period of February 11 through the 14 ; we averaged 1,396 member visits per day and that is the most ever for a 4-day stretch. Silver Sneakers reimbursements for January, 2011, were $10,000 and 2012, it was $19,000 and in 2013, it is $25,000 and so that just keeps increasing for us. The Zoning Department met with Ryan Homes this week. They are interested in finding some locations to do some projects in our City again.  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. February 28, 13 Faith Fellowship Church is submitting plans to make additions to their church almost doubling the size of the church. They plan on doing that in two phases. We met with Clover Development about the senior housing at Rocco’s Plaza and they want to try to move forward with that. End of report. Pres. of Council: I know it is obviously very preliminary; the meeting at Rocco’s; would that involve getting rid of any buildings there? Dir. of Pub. Service: Yes. That is part of the conditions of them taking this property. They are still in negotiations because Frank wants to keep the front part of the building where the bakery is. So they are still working through that, but that is how it stands right now. Pres. of Council: I was just over that way today on the other side of the street and looking across and it looks bad. I am glad to hear that you had a meeting. Are there any other questions or comments for Mr. Esler? No one responded. Dir. of Finance: I really have no report except to ask Council if you choose, and referring st back to what the Mayor said about housekeeping Ordinances 48 and 49-2013; actually a 1 Reading is fine. Mr. Sarver: Could you explain Ord. 48-2013 and Ord. 49-2013 to us? Dir. of Finance: Certainly if you wish. Both basically are again housekeeping ordinances. They are to reinstate an ordinance that dates back to 1984; actually it has been reinstated at intervals all the way through and it has to do with the Police and Fire Pension Funds and those monies are deducted as a tax; a pre-taxed type of situation from their pays and then the City forwards that money onto the appropriate funds. It is basically that both funds have requested or have stated that they need increasing contributions. Those are spelled out actually in the ordinance itself as to when they would take effect. So this provides us with the opportunity to go ahead and take those funds from the actual contributors and then forward it on to the appropriate funds. Mr. Sarver: Does it cost the City any money to do this? Dir. of Finance: This does not. Mr. Sarver: Does it increase our contribution? Does it increase the City’s contribution to the pension funds? Dir. of Finance: That I am not familiar with; I would need to look that up and get back with you. Mr. Sarver: OK. Thank you. Mr. Stalnaker: Steve, I guess I am blinded here, but in Section 3, I understand where they said that contributions will not be included in gross income for tax purposes; Federal and State, but then in Section 4, it says that the pickup contributions will be included in gross income for employment tax purposes. What is the difference between employment tax purposes and Federal and State Income Tax Withholding? Dir. of Finance: Worker’s Compensation probably. Mr. Stalnaker: Because if it is going to be included in employment tax purposes, that I think would throw it into a basket of being taxed. I have read this over and . . . I came in here early because I came out of our meeting and since 6:15 p.m., I bet I have read this 25 times and what am I missing? Mr. Sarver: Could it be Worker’s Compensation and Unemployment Compensation? Dir. of Finance: I am going to assume that is what it means is as you have tax-free contributions in any situation, or OK, PERS for instance; you get two figures; one is the figure that your income is taxed on and the other one shows your actual income. Mr. Sarver: Which includes the unemployment premiums. Dir. of Finance: Right. I will get further clarification for you Gene. st Pres. of Council: Do you want to just give these a 1 Reading? st Dir. of Finance: Yes, just a 1 Reading please. Dir. of Law: No report. Economic Developer: We had both; our CIC and our CRA annual meetings this evening and we will be; the Economic Development Department will be doing a total review of Tallmadge Grow and how that is functioning as well as our CRA Program and how it works with our Income Tax Abatement Program and then I will get back to Council with a full report. rd 10. Ordinance 40-2013 At 3 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. rd Pres. of Council: Ord. 40-2013 is at 3 Reading and will remain before the Community Issues/Safety Committee. 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. February 28, 13 nd 11. Ordinance 44-2013 At 2 Reading. PLANNING & ZONING Extending the performance and main- tenance guarantees for landscaping within Eastpointe Phase One Planned Residential Development and providing for immediate enactment. Mr. Donovan moved for the adoption of Ord. 44-2013. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Poinar, Mrs. Ray, Mr. Sarver, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 44-2013 is adopted by a vote of 7-0. st 11.A. Ordinance 47-2013 At 1 Reading. Authorizing the Mayor to file, on behalf of the City of Tallmadge, an application to the Summit/Akron Solid Waste Management Authority (THE “AUTHORITY”) for the SASWMA 2013 Community Recycling Access Grant and providing for immediate enactment. Mr. Sarver moved for the adoption of Ord. 47-2013. Seconded Mrs. Kilway. Roll Call: Mr. Maguire, Mrs. Poinar, Mrs. Ray, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 47- st 2013 is at 1 Reading and is adopted by a vote of 7-0. st 11.B. Ordinance 48-2013 At 1 Reading. Amending and restating Ord. 121-1984 and Ord. 71-2004 authorizing a pension pick-up for all employees of the Police Department who contribute to the Ohio Police and Fire Pension Fund and providing for immediate enactment. st Pres. of Council: Ord. 48-2013 is at 1 Reading and is assigned to the Finance Committee. st 11.C. Ordinance 49-2013 At 1 Reading. Amending and restating Ord. 121-1984 and Ord. 72-2004 authorizing a pension pick-up for all employees of the Fire Department who contribute to the Ohio Police & Fire Pension Fund and providing for immediate enactment. st Pres. of Council: Ord. 49-2013 is at 1 Reading and is assigned to the Finance Committee. Mr. Sarver moved to go into Executive Session for the purpose of discussing pending litigation. Seconded Mr. Donovan. Roll Call: Mrs. Poinar, Mrs. Ray, Mr. Sarver, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Council moved 7-0 to go into Executive Session at 7:17 p.m. Pres. of Council: It is 7:32 p.m. and we are back on the floor. 12. ADDITIONAL ITEMS: None. 13. ADJOURNMENT: Mr. Sarver moved for adjournment. Seconded Mrs. Kilway. Voice vote 7-0. The Regular Council meeting of 2-28-13 adjourned at 7:32 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton Linda S. Poinar Clerk of Council President of Council 3