Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. September 26, 13 1. CALL TO ORDER: President of Council Maguire called the Regular Council meeting of Thursday, September 26, 2013 to order at 7:00 p.m. 2. PRAYER: Rev, Bill Michaels, St. Mark Lutheran Church, Tallmadge. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – present. Also present were Dir. of Public Service Esler, Dir. of Finance Shanafelt, Dir. of Law Raber, Economic Developer Loughry and Clerk of Council Burton. Mrs. Ray was absent due to a LWV commitment. 4. MINUTES: 9-12-13 Regular Council Meeting Minutes. Mr. Rensel moved for the adoption of the 9-12-13 Regular Council Meeting minutes. Seconded Mrs. Kilway. Voice vote 6-0. The Regular Council Meeting minutes for the 9-12-13 Regular Meeting were adopted by a vote of 6-0. FINANCIAL REPORTS: None. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Doug Piekarz, Vice President of Planning and Conservation Programs at the Akron Zoo. I also represent “Citizens for our Zoo’s Future” and that is where my volunteer efforts for the levy go. What I wanted to go over tonight is Issue No. 3, which will be on the ballot on November 5, 2013. Issue 3 is a levy supporting the Akron Zoo. The levy itself is a renewal. It is not a new tax. This would be the second renewal for a levy that was originally passed in 2000 and again, we are not seeking any additional money. If you look at the packets I gave you; I will just briefly review them and touch on some highpoints. The Akron Zoo has delivered on its promises with everything that we have done on site. It has all been done with community input as opposed to other organizations around the country that may take public funds and do what they want to do. The Akron Zoo purposely involves the community because we want to build the zoo that the community wants; not one that the staff would want. So, delivering on our promises with more animals, more exhibits, more opportunities to learn and a family friendly center for species survival that was voted the No. 1 attraction in Summit County with over 330,000 visitors last year in 2012; this year we are moving much closer to that 400,000 mark thanks to the opening of Grizzly Ridge. We are one of 225 AZA accredited zoos. We have 44 species survival plans and 11 conservation plans based here at Akron. There have been births of jaguars and snow leopards and penguins as you may have seen in the paper recently all within the last 7 years. The importance that I would want to underline is being one of the 225 AZA accredited facilities in the country. Less than 10% of all USDA approved licensed animal exhibitors can meet the rigorous standards of AZA accreditation and Akron Zoo is one of them. We have grown from 33 exhibits to 56 exhibits since 2000. New exhibits have included endangered penguins, jaguars, snow leopards and condors. In 2005, we opened Komodo Kingdom, which was the first LEED certified structure in Summit County and since then I understand that there are over 30 more. One of the benefits in pursuing LEED; LEED stands for Leadership and Energy in Environmental Design; it was to actually have an unbiased third party come in and say that the Akron Zoo actually did what it set out to do. This building; in 2012 was also the first structure in the State of Ohio and the first zoo or aquarium in North American to achieve the 4-star green restaurant certification for the Komodo Café and Catering. Since then we have worked with the zoo in Cincinnati and they have recently achieved 4-star status using our Chef and our staff as an example and we are currently working with the Columbus Zoo to do the same. So our local zoo here is leading the way. In 2012 we opened Journey to the Reef. It increased animals in our care to 2,470. We host nearly 25,000 school children on class trips every year and we present over 380 on-grounds programs and over 525 outreach programs that go into every public school system in the county. We serve residents of Summit County through partnering with 55 to 60 organizations every year. Special Events for Special Needs which included Senior Safari and our partner SummaCare which provided special admission and an average attendance of over 1,300 people at Backpack Adventure, which is one of my personal favorites. The partner is Akron Public Schools and we have given out over 9,000 backpacks since 2007 and in fact, this year during Backpack Adventure, the zoo hit its highest attended day ever on record in its 60 years with 6,300 people coming to the zoo in one day. Dreamnight, which is actually my number one personal favorite is a partnership with Akron Children’s Hospital where since 2006, 3540 chronically or terminally ill children and their parents are hosted by the zoo for a night to make their dreams come true. This one is particularly special not just to me but to the rest of the zoo staff who sign waivers so that we can come in and volunteer to work that night. So none of us get paid for it just because it is an immediately gratifying situation and what we do everyday can help bridge the gap for those children and for their parents and one of the most exciting things that I have seen during Dreamnight is a child who long-term has always taken the rest of his siblings to a place that wasn’t fun and now suddenly being able to turn it on its ear and he is reason that  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. September 26, 13 Mr. Piekarz (Cont’d.) his siblings are in this situation having fun. It is really amazing and if you haven’t come out for it; I would definitely suggest that you consider it when it comes up this June. Community Days; we partner with Summit County Voters. Since 2001, 43,800 individuals have taken advantage of our free community days for each community in Summit County. We have also received a number of awards. Just recently in 2012, the zoo was honored with its first Summit of Sustainability Award in the non-profit category and we also, as I have mentioned before, achieved 4-star green restaurant certification in 2012 from the National Green Restaurant Association and we received the Clean Energy Community of the Year Award from Green Energy Ohio, a Columbus based non-profit. We have been voted the Akron Beacon Journal Best; the #1 Area Attraction in 2012; the #1 Kids Outing in 2012; and we received the Zenith Award Attraction of the Year for the past 5 years. The Outstanding Customer Service Award also came to us in 2012, which let the zoo’s customer staff working with other businesses and other non-profits to capture those best practices. We deliver on our promises in other ways; by excellent business management, strong fiscal management and clean audits and being the leading visitor attraction and an anchor for our quality of life in the region. During 2013, we opened Grizzly Ridge, the Mike and Mary Stark Grizzly Ridge and brought grizzly bears, river otters, bald eagles, coyotes, red wolves, and an interactive walk-in aviary that focuses on citizen’s science to Summit County and it actually marked the return of the genesis of the Akron Zoo back in 1917 when the first brown bear showed up in Perkins Woods as a gift from a European sister city. That very first exhibit; now its entire footprint is inside the 10,000 square foot grizzly bear exhibit currently at the zoo. So for those who had visited that and that is a memory for you; you are actually coming to the same place to visit these brown bears today. We do humbly ask for your vote for Issue 3. Issue 3 is a renewal; it is not a new tax. It is a .8 mill tax so the cost to the owner of a $100,000 home is about $2 a month. It provides more education, more animals and more exhibits and it supports zoo operations and expansions. So what is next? We can promise more science based education programs, more unique up-close animal experiences, new exhibits with amazing animals, more family-friendly events and continue serving our community through partnerships and special events and I do want to read a thank you quote from our CEO, “All of our efforts to improve the zoo are done with our community in mind. We appreciate all the support of Summit County voters, residents and zoo visitors. Your support allows us to serve the community and preserve wildlife. Come see your Akron Zoo?” on behalf of Pat Simmons, the President and CEO. I would love to take any questions that you might have and I will do my best to answer them and if I can’t; I will get you the answers. Mr. Stalnaker: Do you have more of these (brochures)? Mr. Piekarz: I do have a few more. I have others that we printed for the audience in the way of tip cards, etc. Mr. Rensel: This photograph here; I’m sure there is a piece of glass between them? Mr. Piekarz: Absolutely. Any place where you see them that close; it is a piece of glass in between. I can promise you it is 1-1/2” thick and it is rated for a heck of a lot more strength than the jaguars could put on it. Pres. of Council: Did you bring us a snake? Mr. Piekarz: Not a snake, but if you are ready for it now; I did bring one of our animal ambassadors with us. Animal ambassadors at the zoo are used within our program and they actually join the zoo staff in teaching our guests, the children that come in from local schools . . . the benefit of working with the animal ambassadors is very often creating the up close and personal experience that people can walk away with a greater appreciation of what nature . . . this is Phoenix and Phoenix is a red-tailed hawk. Mrs. Reisig: We had one on our garage today. Mr. Piekarz: They are native to the area and in fact their population is rising. You can come to the zoo today and you can see them circling above your head because we have two nests on the grounds. Each spring, our red tails usually produce a full clutch which is anywhere from two to four young and you can see the parents actually training the young birds directly over your head especially in Grizzly Ridge which right now is very close to one of the two nests. You will notice if you look at her tail; the red tail is where it gets its name. The red tailed hawks have a very interesting adaptation because they share a nest frequently with the Great Horned Owls and so in the point in the year when Great Horned Owls are actually raising their young; these guys are not and at the point in the year where the Red Tailed Hawks are raising their young; the Great Horned Owls are not but they are able to more or less cohabitate. The other thing of great importance with Red Tails is that they are predominantly a mammal eating hawk. So these are the guys to help keep your bats, your mice and your other small mammals in check within a community and so seeing them on your garage or up the street is actually really a good thing. Well, thank you everybody and I will be happy to take any additional questions. 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. September 26, 13 Mr. Sisak: How old is the bird? Mr. Piekarz: She is at least five years old because youngsters in general, you would know that they have a white diamond on their throat and they typically don’t have the red tail. It takes until about that three to five year period before you have a full adult. It can happen earlier than that; they are not quite as strict as bald eagles where if you come to the park now you will see in our eagle exhibit; we have five bald eagles; two of which are completely brown with some white speckles and then the other three have the white head. The ones with the brown and white speckles are clearly under five years old and still juvenile. Typically during the winter you might actually see more of those first year Red Tailed Hawks down on the ground after a snow because they haven’t yet quite learned how to hunt and so they are a little bit slower; they are a little bit more visible, but the adults who do hunt would typically be far out of view at that point in time. Any other questions? Mrs. Reisig: What do they eat? Mr. Piekarz: Mice, rats and other small mammals. At the zoo, believe it or not, the rats and mice are farmed and so they come in frozen and they are warmed up and they enjoy them. Pres. of Council: Do they eat snakes too? Mr. Piekarz: Not so much. I mean I can’t say that if there was one that was easy to grab that they might not take advantage of it because they are known to occasionally feed on dead things but that would be more unusual; not normal for them. Mrs. Reisig: How did you get her? Mr. Piekarz: She came to the zoo from a wildlife rehabilitator and that is how the majority of our education ambassadors or animal ambassadors actually come to the zoo. Not all of them; some of them are actually born at the zoo, but in her case she came from a local rehabber. Most of the birds of prey that we receive that are native to North America will come through the wildlife rehabilitation route. 6.A. ANNOUNCEMENTS: Pres. of Council: For our two high school students, Tallmadge City Council meets four times a month. On our Thursday meetings, which are tonight; we actually enact the legislation. On our previous meeting on Monday night is when we discuss and debate the legislation and so when we get to the items on the agenda, you are going to hear us go through those rather rapidly. The reason is that we have already talked about them at our Monday meeting and probably many of the ordinances are read three times and so there is discussion several times on those. Are there any other announcements? Hearing none, we will move on. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: Ord. 92-2013 becomes Item 16.A. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, AND DIRECTOR OF LAW. Pres. of Council: Mayor Kline is not with us tonight, and we will move to the Director of Public Service. Dir. of Pub. Service: Thank you; not a big report tonight. Eastwood down by I-76 between Washburn and I-76 will probably be closed for two to three days beginning th October 7 . We have to replace the large culvert that crosses the road there and so we will be shutting it down. We are hoping we can get it done in two days, but it will depend on the weather and the availability of the asphalt. The tentative start date for leaf collection; we are already ready for that . . . all of our st equipment is ready for it and if we follow last year’s program; the 21 of October will be the first day of that, but we will keep an eye on the leaves and we may start earlier if necessary. We had the test for the Mechanic last night. There were 19 applications and 14 people showed up to take the test and so once those are graded, Civil Service will provide us with ten names and we will begin doing the interviews to fill that position. End of report. Dir. of Finance: No report. st Dir. of Law: I am asking this evening for your consideration in adopting Ord. 91-2013 at 1 Reading. This ordinance is one that is similar to two others that have been adopted over the last two years as it relates to the restitution paid by Mr. Thomas Headrick. He has made his final restitution payment to the City. This is allowing us to repay the bonding company and First Merit Bank; the restitution that they had I guess forwarded us earlier as part of our agreement with them. We had indicated that if we actually received the full restitution, we would make those reimbursements back to them. We are not really permitted to get double restitution on some things and so I would ask for your consideration for this so that we will be able to finally make those payments and close those accounts out. No further report. Economic Developer: Plant Fitness is open on South Avenue. Cortabello’s is scheduled to open on Monday. Sammie’s up on South Avenue is hiring and as soon as they get the staff trained; they will open. The JEDD is doing well. In general; our business growth is following our demographics. So basically, we are getting a lot of inquiries regarding medical and then the other business in general is doing well and income tax is up and so everything is good. 3  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. September 26, 13 Mr. Stalnaker: Dennis, on Bob’s Big Boy; is there anything going on there? Economic Developer: Yes, Mr. Jaber is working with an architect and as soon as Cortebello’s gets opened and he is satisfied with that operation and it is running smoothly, then he is going across the street and that is the next project. But, another little piece on that property on the Firehouse property and that is that building permits for the Italiano Café have been pulled for interior renovation. So Georgio’s is going; that is the pizza place and it will be open soon. Famous Hair has committed to stay. Permits have been pulled for the little Gelato Coffee store. Igloo is doing well. The Firehouse is doing well and the Venue is doing well and Cortabello’s is scheduled to be open and so they are going to be full and if you just think back a few years ago; that was a shuttered up building and so we are happy and he is excited to start working on the Big Boy site as well. nd 10. Ordinance 85-2013 At 2 Reading. PUBLIC SERVICE Determining the structure at 1240 Broad- view Road 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. Mr. Sisak moved for the adoption of Ord. 85-2013. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mr. Maguire, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 85-2013 is adopted by a vote of 6-0. nd 11. Ordinance 86-2013 At 2 Reading. FINANCE Authorizing the appropriation of funds from unappropriated fund balances and pro- viding for immediate enactment. Mr. Sisak moved for the adoption of Ord. 86-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Maguire, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 86-2013 is adopted by a vote of 6-0. nd 12. Ordinance 87-2013 At 2 Reading. COMMUNITY ISSUES/SAFETY Authorizing the donation of Lifepak 12 Heart Monitor to the Faithful Servants Care Center and providing for immediate enact- ment. Mr. Stalnaker moved for the adoption of Ord. 87-2013. Seconded Mrs. Kilway. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire – unanimous. Ord. 87- 2013 is adopted by a vote of 6-0. nd 13. Ordinance 88-2013 At 2 Reading. FINANCE Declaring certain City-owned personal property to be excess/obsolete and authorizing the Mayor to trade-in such equipment and enter into a contract for the purchase of Lifepak 15 Heart Monitors without competitive bid through the State Purchasing Program #800252 and pro- viding for immediate enactment. Mr. Sisak moved to adopt as amended Ord. 88-2013. Dir. of Law: Point of order. If you can make the motion to amend and then you vote on that first and then you would make a secondary motion to adopt or reject. Mr. Sisak: OK. I will retract my previous motion to adopt and I would like to make a motion to amend Ord. 88-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mr. Rensel – unanimous. Ord. 88-2013 is amended by a vote of 6-0. Mr. Sisak moved for the adoption of Ord. 88-2013. Seconded Mr. Stalnaker. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mr. Rensel, Mr. Sisak – unanimous. Ord. 88- 2013 is adopted by a vote of 6-0. 4  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. September 26, 13 nd 14. Ordinance 89-2013 At 2 Reading. PUBLIC SERVICE Authorizing the Mayor to enter into a P.H. ON 10-10-13 @ 7:03 P.M. contract for trash and recycling collection and providing for immediate enactment. nd Pres. of Council: Ord. 89-2013 is at 2 Reading and will remain before the Public Service Committee with a public hearing scheduled on 10-10-13 @ 7:03 p.m. nd 15. Ordinance 90-2013 At 2 Reading. PLANNING & ZONING Granting a conditional zoning certificate to applicant Robert Morrison, Owner, Frank Rocco to operate a dining establishment serving alcoholic beverages at 290 West Avenue, Suite G. nd Pres. of Council: Ord. 90-2013 is at 2 Reading and will remain before the Planning & Zoning Committee. st 16. Ordinance 91-2013 At 1 Reading. FINANCE Authorizing payment to Old Republic Surety Company to reimburse bond and to First Merit Bank for restitution; and appropriating the necessary sum therefore and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Ord. 91-2013. Seconded Mr. Donovan. th Mr. Rensel: Madame Law Director, it states in the WHEREAS clause in the 4 WHEREAS clause that Tallmadge received $11,000, but only $10,000 needs to be reimbursed; what happened to the other $1,000? Dir. of Law: It was essentially for our costs associated with the case. I don’t know if you recall, but First Merit cashed checks and deposited checks and so part of that was for actual checks that were . . . the actual money and then part of that was for the cost associated with it. Mr. Rensel: My next question is that the restitution was paid according to the court order for $120,000, however, no interest was ever paid or was due on this money? Dir. of Law: No, pursuant to the way that the court ordered the restitution. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Maguire, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 91-2013 is adopted by a vote of 6-0. st 16.A. Ordinance 92-2013 At 1 Reading. Amending Chapter 739 of the Tallmadge Code of Ordinances for haulers. st Pres. of Council: Ord. 92-2013 is at 1 Reading and will be assigned to the Public Service Committee. 17. ADDITIONAL ITEMS: Mr. Stalnaker: I guess when you say your prayers this evening; keep Jack Sarver and his wife in your prayers. She went through a 6 hour surgery two or three days ago and they did stop the treatment for her breast cancer until they get the results from the surgery and so she of course is still in the hospital and will be there for a while and so please keep both of them in your prayers. Thank you. 18. ADJOURNMENT: Mr. Donovan moved to adjourn. Seconded Mrs. Kilway. The Regular Council meeting adjourned at 7:35 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton Robert D. Maguire Clerk of Council President of Council 5