Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. August 22, 13 1. CALL TO ORDER: President of Council Maguire called the Regular Council meeting of Thursday, August 22, 2013 to order at 7:00 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: Mrs. Kilway, Mr. Maguire, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – present. Also present were Dir. of Administration Pascarella, Dir. of Public Service Esler, Dir. of Finance Shanafelt, Dir. of Law Raber, and Clerk of Council Burton. Mayor Kline and Mr. Donovan were absent. 4. MINUTES: 7-11-13 Regular Council Meeting Minutes. Mrs. Ray moved for the adoption of the 7-11-13 Regular Council Meeting minutes. Seconded Mrs. Kilway. Voice vote 6-0. The Regular Council Meeting minutes for the 7-11-13 Regular Meeting minutes were adopted by a vote of 6-0. FINANCIAL REPORTS:  SMR Transfer in the amount of $200,000 to Council on 7-31-13.  Fire/EMS Capital Fund Transfer in the amount of $30,000 to Council on 7-31-13.  Bond Retirement Transfer in the amount of $300,000 to Council on 7-31-13.  Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 7-31-13 to Council on 8-1-13.  Tallmadge Recreation Center Profit and Loss Report for the period ending 7-31-13 to Council on 8-20-13.  Income Tax Comparisons for the period ending 7-31-13 to Council on 8-20-13.  July Financial Reports to Council on 8-20-13.  Revenue Comparisons for the period ending 7-31-13 to Council on 8-20-13.  Maca Park Summary for the period ending 7-31-13 to Council 8-20-13. Mrs. Ray moved to accept 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: We allow anyone who would like to to give us a brief synopsis of anything you would like to talk about. Is there anybody who would like to address Council? If you would come forward please and give us your name and address. Matthew Hanna, 444 Newton Street, Tallmadge. My concern is about a nuisance of barking dogs next door to our property at 458 Newton Street. It has been an ongoing issue for probably I would say two to three years at this point. I have made multiple attempts to contact the Police Department and they always come out and take care of the issue at that point in time, but the issue continues to proceed day after day after day and it is always when the property or they are actually tenants; it only happens when they are home. They are right there in front of the dogs and they are non-stop continuously barking. Basically, I would like to find out what I need to do to get this to end. Like I said, it has been a nuisance and I don’t want to tie up the resources of calling the Police every time. I could call every day because it happens every day. Dir. of Law: Mr. Hanna; I would be happy to help you. I am Megan Raber and I am the Law Director. We kind of work hand in hand with the Police Department on dog issues and there is a way to cite them. I would be happy to speak with you at length. I could see what the record of calls for service is and go from there. Mr. Hanna: OK. I had even dealt with Penny Taylor when she was the Director and that is how long this has been going on. She said that there were supposed to have been citations issued at the next attempt of an Officer going out to the property. I am unaware of anything like that going on. I don’t know. I have never been followed up with at all about any of the issues. So, yeah that would be great. Dir. of Law: I will have to get the information of the address that is the problem address and we will go from there. I will pull all of the previous information OK? Mr. Hanna: OK. Thank you. 6.A. ANNOUNCEMENTS: None. 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. Pres. of Council: The Mayor is not with us tonight, and so next we will call on Bryan Esler, Director of Public Service. Dir. of Pub. Service: Tuesday we begin bidding temporary labor for the Leaf Program. It th will be here before you know it. The bid opening for that is September 12 . We are currently bidding concrete and asphalt pavement rehab for Ivywood and a portion th of Timothy. The bid opening on that is August 29 . Wartko is finishing up the Waterline Looping Project on East Avenue. They just have to do some asphalt repairs and some landscaping and that job will be finished. Tallmadge Asphalt will be in on Monday to continue with the regular paving. The annual striping contract has been completed.  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. August 22, 13 Maca Bonus Days are going to be running the next two weekends. The profit to date is $60,376 and that is down $16,372 from last year. I believe that still keeps us at about the second highest profit that we have had. We may be affected next year because of all of the rain that we had this year; people might not be buying season passes like they have and so we will have to see how that pans out. If we have a good spring hopefully we will get those passes sold. Pres. of Council: He is not on the agenda, but the Director of Administration is here with us tonight. Dr. Pascarella: No report; I just want to remind you of the Work Session on Monday. Pres. of Council: Is everybody going to be able to attend? Most members answered yes. Dr. Pascarella: I also invited P&Z and the Heritage Commission and Board of Zoning Appeals. Dir. of Pub. Service: Mr. President; I do have one more item to make you aware of. ODOT is going to begin milling North Avenue from 600’ south of Howe Road to the north limits on Monday and that will probably take about two days. They expect the total project to be about two weeks long and so we will probably be getting some calls about the road conditions and traffic. Mr. Rensel: Mr. Esler; that brings the question will there be any work done on the weekends? Dir. of Pub. Service: No, there shouldn’t be any work done on the weekends. Mr. Rensel: My reason for asking is because of the soccer fields. Dir. of Pub. Service: Traffic will be maintained and so even if there was work they would still be able to get in there. Mr. Sisak: Mr. Esler when you said that you are opening up bids for temporary workers for the fall leaf program; does that go to like a temporary agency or is that just for applications? Dir. of Pub. Service: No, we bid it out for temporary agencies. Mr. Sisak: So you go through one agency and they provide all of the temporary workers? Dir. of Pub. Service: Right. Whatever agency gets the lowest bid. Mr. Sisak: OK. Great thank you. Pres. of Council: Mr. Esler; do you have any more updates for us about the Circle Fest? Dir. of Pub. Service: As far as I know we only had few bumps in the road. We had some power problems that hopefully we can work out next year. It was very well attended. We hope to do it again next year. Pres. of Council: I spoke to the Director of the Chamber of Commerce and she said that we almost had too many floats. They might try to limit it next year to 40 I believe she said. There were 42 I think. We were in it, so I don’t know. Was it too long? Dr. Pascarella: There were a lot of breaks between the floats. Pres. of Council: Yeah, Carol and I had to keep stepping it up and then we had to slow down and so we need a better rhythm as far as keeping units closer together I think. Mr. Stalnaker: Bryan, I forget the day now; it has been about ten days ago that the parking lot next to the Community Center flooded. Have we had any moral claims or anything on that? Dir. of Pub. Service: None that I know of. Mr. Stalnaker: OK because I only heard of one phone call from someone where it took out all of the electrical in the car. There were no windows or anything like that. That water was deep. I drove by there when . . . there was some woman out there in shorts trying to find the sewer line. Dir. of Pub. Service: It was open. In fact we opened it right before the storm to make sure it was open. It was just too much water. All the water from Village View goes right through a ditch line between the properties and comes through there and out to Community Drive. Mr. Stalnaker: It must have been at least 2-1/2 feet of water in there. It was up over the wheels. Dir. of Pub. Service: Well, I don’t know if it was that much, but it was deep. Mr. Stalnaker: It was up over the wheels of some cars but then I drove by then and it looked like just a bunch of garbage over the sewer. It was limbs and brush and everything just . . . Dir. of Pub. Service: Of course everything that comes down from that hill washes out into the parking lot and that is the way the water is forcing all of that material towards those drain lines. Mr. Stalnaker: There were quite a few cars there because they were on a trip and so I am glad to hear that we haven’t had any claims. Pres. of Council: Mr. Esler, one more question about the Circle Fest. I have heard that there were estimates of 15,000 to 20,000; two-fold question a) do you know if that is somewhat accurate and b) does our Police Department or who makes this estimate? Dir. of Pub. Service: It is just the Chamber that makes that estimate and it is . . . Mr. Stalnaker: Don’t they make the estimate off of beer sales! Pres. of Council: This guy knows it all! Thank you Gene. Dir. of Finance: Just want to note that we have completed the month of July and we are a little over 58% of the way through the fiscal year. General Fund has collected 66% of the estimated revenue. 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. August 22, 13 Dir. of Finance (Cont’d.) Income Tax is at 67% of estimated revenue. Our Unencumbered Balance is $5.3 million; almost $5.4 million. The Recreation Center ended the month with $154,843. Maca Pool, I think as Mr. Esler has already mentioned, ended the month of July at $60,376 net profit. The Local Government Funds to date are at 64% of budgeted revenue. So in most cases we are ahead of the projected revenues. Most departments are running close to budget. Just a note, just kind of an F.Y.I., you will be seeing a re-appropriation for the Police Department coming relatively soon. Pres. of Council: Because? Dir. of Finance: Initially, this particular one has to do with estimates for fuel. They were a bit shy. So we will need some help in that area. The Fire Department had an unencumbered balance of a little over $31,000 but they were nd due to get $475,000 from real estate taxes on the 2 of August. The Street Department has an unencumbered balance of $218,574. Sewer Operating Fund has a balance of almost $1.4 million. The Water Operating Fund unencumbered balance is almost $1.7 million. Storm Water is at 60% of projected revenue. st I would ask for your consideration to adopt at 1 Reading this evening Ord. 77, 80, 83, and 84-2013, as they are basically housekeeping ordinances. Thank you. Mr. Rensel: Steve, do you publish a quarterly or a monthly update report on income and revenues for the City Council and Administration? Dir. of Finance: Yes I do. As a matter of fact, that is in the packet which is electronic. . . Mr. Rensel: In the printed packet or electronic? Dir. of Finance: Electronic, but I can get you it in printed form if you wish. Mr. Rensel: Would you please until I get organized. I appreciate it. Dir. of Finance: Not a problem at all. I will get that to you. Mr. Rensel: Thank you. Dir. of Law: This evening I am going to keep my report brief. In request for legislation over the last several weeks due to the break, I believe that I have a handle on the ordinances that will need immediate attention from you this evening. So therefore on behalf of the various persons that requested the ordinances, I will go ahead and let you know which ones I believe can be adopted this evening. The Dir. of Finance has already requested Ord. 77-2013 be adopted and Ord. 79-2013; I st would ask for your 1 Reading adoption on that. That is a demolition of a blighted property. The owner of the property did sign the waiver and so we do have that and that will be ready to go. There is no reason to hold off on that one. The Director of Finance already asked for the adoption of Ord. 80-2013. I believe that Ord. 81-2013 could also be adopted this evening. That is a State of Ohio Project on State Route 91 with regard to guardrails. I’m not really sure what time frame they wanted to start that, but if you want to consider that as well this evening. I do know that Ord. 82-2013 does need to be adopted this evening. Essentially what is being requested on that one is an amendment of the 9-1-1 plan where Summit County . . . there is a coalition of different entities that came together and then pursuant to that 9-1-1 plan, all of the participating entities have to just agree that they have recognized that those other municipalities have come together in their coalition and so that is what we are asking for on that. That is under a time constraint. st I believe the Dir. of Finance also asked for 1 Reading adoption of Ord. 83-2013, which is a housekeeping matter and that does need to be done also due to time constraints for when those can be certified. Ord. 84-2013 is not ready for adoption this evening. We would ask that you just give that st a 1 Reading. The report did not come in yet. Then Resolutions 17 and 18-2013 also. Thank you. Pres. of Council: If we do all that we aren’t going to have much legislation in two weeks from Monday. rd 10. Ordinance 75-2013 At 3 Reading. PLANNING & ZONING Amending Ordinances 79-1991 and 155- 1990 to applicant, Summit Racing Equip- ment, Owner, Big Zilla Development, LLC, for a conditional zoning certificate for special nonresidential development at 1200 Southeast Avenue by granting conditional zoning approval for parking lot expansion. Mrs. Ray moved for the adoption of Ord. 75-2013. Seconded Mr. Rensel. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 75-2013 is adopted by a vote of 6-0. 3  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. August 22, 13 st 11. Ordinance 77-2013 At 1 Reading. FINANCE Accepting a donation to the City of Tall- madge Parks and Recreation Department and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 77-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Maguire, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mrs. Kilway – unanimous. Ord. 77-2013 is adopted by a vote of 6-0. st 12. Ordinance 78-2013 At 1 Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into a con- tract for disposal of end of life electronic equipment and providing for immediate enactment. st Pres. of Council: Ord. 78-2013 is at 1 Reading and will be assigned to the Community Issues/Safety Committee. st 13. Ordinance 79-2013 At 1 Reading. PLANNING & ZONING Determining the structure at 402 South Avenue to be blighted; authorizing the Mayor to enter into all necessary agree- ments pursuant to the Moving Ohio For- ward Grant Program and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 79-2013. Seconded Mr. Rensel. Pres. of Council: Where is 402 South Avenue; which building is it? Mr. Rensel: Going south just past S. D. Meyers. Mrs. Kilway: I believe it is on the corner of Van Evera and South Avenue. Pres. of Council: On the east or west side; is it a house? Mr. Rensel: As you go south, the even numbers are on the right; odd numbers are on the left. Pres. of Council: So it would be on the west side of the street then. Mr. Rensel: Yes. Mrs. Kilway: I think it is the one on the corner of Van Evera and South Avenue. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 79-2013 is adopted by a vote of 6-0. st 14. Ordinance 80-2013 At 1 Reading. FINANCE Accepting the 2012-2013 Ohio EMS Training and Equipment Grant; appro- priating the necessary funds and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 80-2013. Seconded Mr. Stalnaker. Mrs. Kilway: Point of order; should I abstain from this since my husband would probably benefit from the grant? Dir. of Law: No, in this particular instance, this grant is awarded not based on any particular individual and so I don‘t think there is going to be any individual benefit that would . . . Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mrs. Kilway, Mr. Maguire, Mrs. Ray – unanimous. Ord. 80-2013 is adopted by a vote of 6-0. st 15. Ordinance 81-2013 At 1 Reading. PUBLIC SERVICE Authorizing the Ohio Director of Transpor- tation to upgrade guardrail on State Route 91 (SR 91) within the City limits and pro- viding for immediate enactment. Mr. Sisak moved for the adoption of Ord. 81-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Sisak, Mr. Stalnaker, Mrs. Kilway, Mr. Maguire, Mrs. Ray, Mr. Rensel – unanimous. Ord. 81-2013 is adopted by a vote of 6-0. st 16. Ordinance 82-2013 At 1 Reading. COMMUNITY ISSUES/SAFETY Approving an amendment to the Summit County 9-1-1 plan to include the Southwest Summit Council of Governments as a pub- lic safety answering point and providing for immediate enactment. 4  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. August 22, 13 Mr. Stalnaker moved for the adoption of Ord. 82-2013. Seconded Mrs. Kilway. Pres. of Council: I have a question for whomever . . . I don’t know; Bryan would you be the one that I would direct my question to? Does anybody know anything about this ordinance? Dir. of Law: I know a little bit about it. Pres. of Council: I would like to know . . . it says Southwest Summit County Governments; aren’t we in the eastern side of the County? Dir. of Law: The City of Barberton, the City of Norton and Copley Township formed the Southwest Summit Council of Governments and so they entered into a coalition. Then we, as a participant in the Summit County 9-1-1 Safety Plan must adopt or recognize them as a coalition entity or answering point and so we are basically saying that we concur that we understand that they are now an answering point and they are now consolidated. Pres. of Council: So, it doesn’t directly affect the City? Dir. of Law: No, it is very much just a formality. Pres. of Council: So we can stay on the east side of the county! Mr. Rensel: This isn’t going to cost us any money to do this right? Dir. of Law: Absolutely not. Roll Call: Mr. Stalnaker, Mrs. Kilway, Mr. Maguire, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 82-2013 is adopted by a vote of 6-0. st 17. Ordinance 83-2013 At 1 Reading. FINANCE Authorizing the Director of Public Service to certify delinquent utility fees to Portage County Auditor for collection with real estate taxes and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 83-2013. Seconded Mr. Stalnaker. Roll Call: Mrs. Kilway, Mr. Maguire, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 83-2013 is adopted by a vote of 6-0. st 18. Ordinance 84-2013 At 1 Reading. Accepting the LGIF Report from the Summit County Broadband Initiative Grant and providing for immediate enactment. st Pres. of Council: Ord. 84-2013 is at 1 Reading and is assigned to the Finance Committee. st 19. Resolution 17-2013 At 1 Reading. Expressing the appreciation of the Council and the Administration to Karen S. Liska upon her retirement from service with the City of Tallmadge and providing for imme- diate enactment. Mr. Stalnaker moved for the adoption of Res. 17-2013. Seconded Mrs. Kilway. Dir. of Law: I just want to note what a wonderful employee Karen Liska was. She was invaluable to us in the Law Department and to everybody that she worked with. I think that she really pitched in and helped wherever she was needed to and she was very detail oriented and very concerned when citizens came in and she was great with people both internally and externally and Amanda, who is the new secretary, has big shoes to fill and we will definitely miss Karen and we are just very appreciative for all of her years of very fine service. Mr. Rensel: I echo Ms. Raber’s comments. Having known Karen when her children were young, her husband, Paul and then serving on City Council for the number of years that I did my interactions with her were just super. She was very professional and she was quite a compliment to the City Administration. Pres. of Council: I also concur that she carried herself well and acted in a very professional but friendly manner. Clerk of Council: I just want to say that I too have been here for over 18 years and in that time Karen and I became very close friends. I miss her a lot but we still talk to each other. But, she is an awesome worker and she is an awesome and a wonderful friend. Pres. of Council: I think this resolution is going to pass! Voice vote 6-0. Res. 17-2013 is adopted by a vote of 6-0. st 20. Resolution 18-2013 At 1 Reading. Congratulating Jack L. Sarver, former elected Council At-Large Council member of the City of Tallmadge and providing for immediate enactment. Mr. Rensel moved for the adoption of Res. 18-2013. Seconded Mr. Sisak. 5  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. August 22, 13 Pres. of Council: I will start the discussion. I, as a neophyte member of City Council, Jack was a great guiding light for me and just was a real true trooper and really showed me the ropes and I consider him a good friend. We sincerely will miss him. Mrs. Ray: I too will echo your comments Mr. Maguire. When I first came onto Council, Jack was actually the first person to call me and welcomed me to City Hall. I found him to be the epitome of a gentleman and a font of information and he was very, very helpful to me when I first came onto Council and so he will be greatly missed. Mr. Rensel: Of course, I have known Jack professionally for a long time and his brother who retired from Firestone. Jack was a professional. We varied at times and at other times we joined together for what we believed to do what was right. Jack also loved soccer as I do and we teamed up also to coach soccer in a local soccer league and I have nothing but fond memories about Jack Sarver and this may be difficult to say or maybe awkward, but I will miss Jack. He is happily retired and out camping which is what he loves best. Mr. Stalnaker: I remember when Jack came on Council and he started asking questions and he continued that for four terms I guess. He just . . . and he is a very knowledgeable individual, but he didn’t mind asking difficult questions and they were good questions and I hope that everything will be alright with his wife in the future. Mrs. Kilway: I would just like to echo all of these great comments that everybody is making. When I first came onto Council, which was only about a year and a half ago; he has been my little ear . . . voice in my right ear here and telling me that I needed to do this and do that. I don’t know what I would have done in this last year and a half and so I’m really going to miss him. You have big shoes to fill John. He is a very fine gentleman and a professional and I will miss him. Voice vote 6-0. Res. 18-2013 is adopted by a vote of 6-0. 21. ADDITIONAL ITEMS: Mr. Sisak: Do we need a motion to excuse Mr. Donovan? Pres. of Council: No. We do need someone to terminate the meeting! 22. ADJOURNMENT: Mr. Sisak moved to adjourn. Seconded Mrs. Kilway. Voice vote 6-0. The Regular Council meeting of 8-22-13 Adjourned at 7:36 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton Robert D. Maguire Clerk of Council President of Council 6