Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. May 9, 13 1. CALL TO ORDER: Acting President of Council Maguire called the Regular Council meeting of Thursday, May 9, 2013 to order at 7:00 p.m. 2. PRAYER: Father John Hengle, Our Lady of Victory Church, Tallmadge. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Stalnaker, Mr. Maguire – present. Mr. Sarver was absent. Also present were Mayor Kline, Dir. of Pub. Service Esler, Dir. of Finance Shanafelt, Dir. of Law Raber, Economic Developer Loughry and Clerk of Council Burton. 4. MINUTES: 4-25-13 Regular Council Meeting Minutes. Mr. Donovan moved to accept the 4-25-13 Regular Council meeting minutes. Seconded Mrs. Ray. Voice vote 5-0. The Regular Council meeting minutes of 5-9-13 were adopted by a vote of 5-0. FINANCIAL REPORTS:  Bond Retirement Transfer in the amount of $150,000 to Council on 4-29-13.  Police Pension Transfer in the amount of $75,000 to Council on 4-29-13.  Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 4-30-13 to Council on 5-1-13  Tallmadge Recreation Center Profit and Loss Report for the period ending 4-30-13 to Council on 5-7-13.  Income Tax Comparisons for the period ending 4-30-13 to Council on 5-7-13.  April Financial Reports to Council on 5-7-13.  Revenue Comparisons for the period ending 4-30-13 to Council on 5-7-13. Mrs. Ray moved to accept the Financial Reports submitted by Dir. of Finance Shanafelt. Seconded Mrs. Kilway. Voice vote 5-0. The Financial Reports submitted by Dir. of Finance Shanafelt were accepted by a vote of 5-0. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: Is there anyone here who would like to address Council? For the record, there is nobody here to address Council. 6.A. ANNOUNCEMENTS: Acting Pres. of Council: Just a reminder that we are going to have an Organizational th meeting for City Council on Monday, May 20 at 6:30 p.m. We reestablished that. Dir. of Law: If you could just take a vote on that and you may also, after following the Mayor’s Report, be able to get some clarification on what the Mayor is going to be asking for as well. Acting Pres. of Council: I will entertain a motion that we have an Organizational meeting th of Tallmadge City Council on Monday, at 6:30 p.m. on May 20 . Seconded Mrs. Ray. Voice vote 5-0. The motion passes. Acting Pres. of Council: I want to thank our Clerk of Council. She did an excellent job of helping me out getting started as well as I also would like to thank Linda Poinar. She was very helpful in giving me some pointers. 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 like Council to consider for Item 10, Ord. 40-2013, to withdraw that tonight. I know with the nature of Council only having five members; you can still make the motion to withdraw and a simple majority would withdraw that. Item 11, Ord. 58-2013; if Council could Recall, Reconsider and Amend and then just give nd that a 2 Reading. th I would then request Council to have a Special Council Meeting on Monday, May 20 at 6:45 p.m. for the purpose of considering Ord. 58-2013 and . . . Acting Pres. of Council: Mr. Mayor, before you go on, is that the only reason for the Special Council meeting? Mayor: Yes, or no; there is one more item. Item No. 17, Ord. 64-2013 allowing the nd Administration to go out to public lease on 111 West Avenue. I would ask Council’s 2 Reading adoption on that. So there are two items that I am requesting unless the Finance Director or Law Director has any other items for the Special meeting. The reason I am asking for a Special meeting for clarification; is I know that on Thursday, rd May 23 it is Tallmadge High School graduation and Mr. Donovan and Mrs. Kilway both have kids that are graduating and will not be in attendance and therefore, we would not have the . . . we would only have five members of Council at that time. So I would ask Council for th their consideration of a Special Council meeting at 6:45 p.m. on May 20 for the purpose of the two items. That would require a motion. Acting Pres. of Council: I will let you finish your report and then we will make that motion, or procedurally should we do it now? Mayor: End of report. Acting Pres. of Council: I will entertain a motion to have a Special meeting of the regular th Council meeting on May 20 at 6:45 p.m. for the two pieces of legislation that Mayor Kline discussed.  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. May 9, 13 Mr. Donovan: So moved. Mrs. Kilway: Second. Acting Pres. of Council: There is a motion made by Mr. Donovan and a second by Mrs. Kilway. All those in favor say aye. All responded aye. The motion passes by a vote of 5-0. Mayor: Thank you. I used to say Madame Chairman, but . . . Mr. Chairman, if I may, th Dennis reminded me of one other item. At your next Council meeting on the 20 all these items will strictly have a second reading at that time because they are Zoning ordinances and we are waiting for Planning & Zoning. Dr. Pascarella has put a Power Point presentation together to talk about demographics in town and what Tallmadge is looking like and I would like Council . . . if would be OK; it th would take about a half hour to forty-five minutes on Monday the 20 at the end of the Council meeting or really part of the Zoning Committee of Council that Dr. Pascarella present this presentation and if Council is OK with that, then I will also invite Planning & Zoning, and Board of Zoning Appeals also as a joint . . . and some other groups. It is a nice Power Point presentation that we had started with all of the employees and we are trying to cut it down to half an hour to forty-five minutes just to show you and then get input from Council. Acting Pres. of Council: Mayor, you said that would be immediately after . . . Mayor: It will be during the Planning & Zoning Committee of Council or we could have it immediately after. Acting Pres. of Council: I don’t think we need a motion for that; do we? Mayor: No, it is going to be a little longer, but the agenda is so short anyways, instead of th getting out of here at 7:30 p.m. we would maybe get out at 8:30 p.m. on the 20 . Thank you. Acting Pres. of Council: Are there any questions of Mayor Kline? Hearing none; we will move on to the Director of Pub. Service; Bryan Esler. th Dir. of Pub. Service: Thank you. We had a bid opening for asphalt FOB on April 24 . Three contractors took out bid packages and we received three bids. Allied Corporation was the lowest bidder in the amount of $66,020. We had a bid opening for water system improvements for the East Avenue Water Main th on April 30 and five contractors took out bid packages and we received two bids. Don Wartko Construction was the low bidder in the amount of $501,600. The Tallmadge Police Department accepted proposals for a five-year contract for towing services for the City of Tallmadge Safety Forces and there were two proposals submitted and after review by Police Chief Zesiger, he has recommended the contract be awarded to Phil’s Towing. We are currently bidding out the paving program for this year and our pavement marking rd contract with bid openings on May 23 . Acting Pres. of Council: Thank you. Any questions? Mrs. Ray: Mr. Sarver had brought up what I think you call, “Adopt a Spot” and I did notice that there were a lot of communities out today planting flowers. I did notice though that there are several areas where there were flowers last year. Do we just have newer people doing the Adopt a Spot this year? Dir. of Pub. Service: Yes, we do. Some of those areas; the people that did take them aren’t . . . they actually quit mid-stream last year. Mayor: They were bad locations for flowers. Mrs. Ray: It was probably for watering. My second question is that the Community Gardens; it looks like it was all ready. They have gone out there and have done all the plowing. When will those spots be available? th Mayor: I think the earliest they could get in is May 20 . I think that was the date that was posted for them. Oh . . . oh, no; they are all gone. I mean, there are a few left. The day of the sign-ups; they were out the door waiting at 7:30 a.m. Mrs. Ray: Oh, that’s great. Then my last question, since Mrs. Poinar is no longer a member of Council; what about the Farmer’s Market? Are we going to have a Farmer’s Market this year and Linda had always done that; what are we doing this year? Mayor: It is still on target. I think you are the new Chairperson of it, so thank you! We handle it all; Pat Sauner is on top of it and as soon as vegetables start coming in . . . Acting Pres. of Council: Are there any other questions for the Service Director? Dir. of Finance: Everyone received the financial reports. I just wanted to make note that we are one third of the way through 2013 already. The nice part of it is is that on the reports that I have; there are a lot of 33% and so I am happy to see we are on track. General Funds collected approximately 33% of the annual estimate. Income Tax is 6.4% ahead of last year. Our unencumbered balance as of the end of April was $4,894,877. The Rec Center ended the month with $172,624 net profit. We received $155,972 in Local Government Funds to date. It is a 39% drop from last year, but we are right on target as far as the budget revenue is concerned, and so we expected this to happen. All departments are running close to budget expenditure-wise. 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. May 9, 13 The Fire Fund has a balance of $278,063. The Street Fund has a balance of $229,057. The Sewer Operating Fund actually eclipsed last month. We have been kind of watching that because we watched it start to diminish. There are some adjustments as far as sewer rates are concerned and so we are hoping that the one month doesn’t truly create a trend. We are hoping that we may see this continue to at least stop decreasing. The Water Operating Fund has a balance of $1,729,186. The Storm Water Revenue is at 36% of projected revenue and expenses are on target. If you have any questions, I would be happy to discuss them. Dir. of Law: No report. Economic Developer: For a brief report, I just want to remind Council that the public input for Clover Construction, the proposed developer for the Rocco property will be this Monday at 7:00 p.m. You are invited. Also, I will be sending Council tomorrow via e-mail, a listing of all the properties that Clover operated outside the State and we will be trying to do some due diligence on those properties for you. Acting Pres. of Council: Mr. Loughry; will that meeting be here at Council chambers? Economic Developer: Yes, it will. Acting Pres. of Council: Monday night at 7:00 p.m. Any questions for Mr. Loughry? No one responded. 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. Mr. Donovan moved for to WITHDRAW Ord. 40-2013. Seconded Mr. Stalnaker. Roll Call: Mrs. Kilway – yes, Mr. Maguire – abstain because I represented Tallmadge Little League, Mrs. Ray – yes, Mr. Stalnaker – yes, Mr. Donovan – yes. Ord. 40-2013 is WITHDRAWN by a vote of 4-0 with one abstention. 11. Ordinance 58-2013 Authorizing the appropriation of funds and FINANCE the reduction of appropriated funds for the Waterline Looping Improvement Project and providing for immediate enactment. Mrs. Ray moved to RECALL Ord. 58-2013. Seconded Mr. Donovan. Roll Call: Mr. Maguire, Mrs. Ray, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 58-2013 is RECALLED by a vote of 5-0. Mrs. Ray moved to RECONSIDER Ord. 58-2013. Seconded Mrs. Kilway. Roll Call: Mrs. Ray, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 58-2013 is RECONSIDERED by a vote of 5-0. Mrs. Ray moved to Amend Ord. 58-2013. Seconded Mrs. Kilway. Mayor: Mr. Chairman, just for the clarification of the amendment; in Section 1 where it says, “hereby appropriated from the unappropriated balance of the Waterline Infrastructure Revenue Fund 518 the sum of $553,000 to the East End Waterline Looping Project.” That was left blank and we did have a bid opening and the amount of the contract was $501,000 with 10% overage per law and so we went to the 10% and that money we think it is only going to be a $501,000 project, but we did go with the 10%. Then in Section 2, we are reducing the Waterline Looping Fund #571 in the amount of $805,000 and so we really anticipated at the beginning of this project when we did the budget the project would come in and the engineer’s estimate was $800,000 and when the bids finally came in, they were well under the engineer’s estimate and so we are actually putting money back into the fund and so it is going to be a nice project. This is going to loop the industrial park over to East Avenue from Howe Road. So, I just wanted to clarify what you are amending. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Ray – unanimous. Ord. 58- 2013 has been Recalled, Reconsidered and amended by a vote of 5-0. nd 12. Ordinance 59-2013 At 2 Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into a lease with Tallmadge Lutheran Church for approximately 1.555 acres of vacant land off East Avenue and providing for imme- diate enactment. Acting Pres, of Council: I am going to pass the gavel on this one. I am an attorney and I represented the church and so Mr. Gene Stalnaker, who is the Chair of this committee is going to handle this one. 3  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. May 9, 13 Dir. of Law: Mr. Chairman, I think this evening we are only asking for it to be read again because we don’t have enough members here this evening to adopt it and so if it could just be read into the nd record and we would ask that it remain at 2 Reading. nd Acting Pres. of Council: Ord. 59-2013 is at 2 Reading and will remain before the Community Issues/Safety Committee. nd 13. Ordinance 60-2013 At 2 Reading. PLANNING & ZONING Amending the legal description and memor- ializing the conditional zoning certificate for the property located at 90 West Overdale Drive. Mr. Donovan moved to amend Ord. 60-2013. Seconded Mrs. Kilway. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mrs. Ray, Mr. Stalnaker – unanimous. Ord. 60-2013 is amended by a vote of 5-0 and will remain before the Planning & Zoning Committee. nd 14. Ordinance 61-2013 At 2 Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate to property owner and applicant Faith Bible Fellowship for a religious place of worship on a 2.507 acre site at 126 West Overdale Drive. nd Acting Pres. of Council: Ord. 61-2013 is at 2 Reading and will remain before the Planning & Zoning Committee. nd 15. Ordinance 62-2013 At 2 Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate for special nonresidential development to applicant Lancaster Land, L.P. (aka Clover Construction, Inc.) on behalf of owner Rocco Family living Part- reship (Frank Rocco) for independent senior living apartments at 260 West Avenue. nd Acting Pres. of Council: Ord. 62-2013 is at 2 Reading and will remain before the Planning & Zoning Committee. st 16. Ordinance 63-2013 At 1 Reading. FINANCE Authorizing the Mayor to enter into an agreement with WARDJet, Inc. for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enact- ment. st Acting Pres. of Council: Ord. 63-2013 is at 1 Reading and is assigned to the Finance Committee. st 17. Ordinance 64-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract or contracts with the lowest most responsible bidder for various areas of 111 West Avenue to be bid separately and providing for immediate enactment. st Acting Pres. of Council: Ord. 64-2013 is at 1 Reading and is assigned to the Public Service Committee. st 18. Ordinance 65-2013 At 1 Reading. FINANCE Declaring certain City-owned property to be excess/obsolete and authorizing the Chief of Police to sell such equipment at public sale or trade-in and providing for immediate enactment. st Acting Pres. of Council: Ord. 65-2013 is at 1 Reading and is assigned to the Finance Committee. 4  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. May 9, 13 st 19. Ordinance 66-2013 At 1 Reading. PLANNING & ZONING Amending rates, charges, and fees for the Zoning Department; repealing Ordinance 78-2009 and providing for immediate enact- ment. st Acting Pres. of Council: Ord. 66-2013 is at 1 Reading and is assigned to the Planning & Zoning Committee. st 20. Resolution 9-2013 At 1 Reading. Expressing the appreciation of the Council and the Administration to Mark L. Pozuc upon his retirement from service with the City of Tallmadge Police Department and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Res. 9-2013. Seconded Mrs. Kilway. Mayor: Mark Pozuc was a great Police Officer for the City of Tallmadge. He actually started working in the Garage Department; maybe Bryan can give a little history of that prior to me coming in, but he was a phenomenal Police Officer for us and he had . . . the total years; he started on April 6, 1981. He did a great job for us and then he started in the Police Department in 1986. He is going to be missed. Voice vote 5-0. Res. 9-2013 is adopted by a vote of 5-0. 21. ADDITIONAL ITEMS: Mr. Stalnaker: Discussed an issue regarding the Tallmadge Police Department. 22. ADJOURNMENT: Mr. Donovan moved to adjourn. Seconded Mrs. Kilway. Voice vote 5-0. The Regular Council meeting of 5-9-13 adjourned at 7:30 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton Robert D. Maguire Clerk of Council Acting President of Council 5