Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, January 9, 2014 to order at 7:02 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – present. Also present were Mayor Kline, Dir. of Public Service Esler, Dir. of Finance Shanafelt, Dir. of Law Raber, Economic Developer Loughry and Clerk of Council Burton. 4. MINUTES: 12-12-13 Regular Council Meeting Minutes. Mrs. Ray moved for the adoption of the 12-12-13 Regular Council Meeting minutes. Seconded Mrs. Kilway. Voice vote 6-0. The Regular Council Meeting minutes for the 12-12-13 Regular Meeting were adopted by a vote of 6-0. FINANCIAL REPORTS:  Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 12-31-13 to Council on 1-7-14.  Tallmadge Recreation Center Profit and Loss Report for the period ending 12-31-13 to Council on 1-7-14.  Income Tax Comparisons for the period ending 12-31-13 to Council on 1-7-14.  December Financial Reports to Council on 1-7-14.  Revenue Comparisons for the period ending 12-31-13 to Council on 1-7-14.  Unencumbered Cash Balance Chart - (2007–2013) to Council on 1-7-14.  Income Tax Chart – (2007–2013) to Council on 1-7-14. Mrs. Ray moved to accept the Financial Reports submitted by Dir. of Finance Shanafelt. Seconded Mr. Rensel. 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: None. 6.A. ANNOUNCEMENTS: Pres. of Council: We have two liquor license applications. I believe we need to look at these separately. The first one is a liquor application for Acme, 600 South Avenue. We have to do this I believe individually with a roll call on whether we would like to have a public hearing on these. Mrs. Ray? Mrs. Ray: Mr. Donovan, perhaps we could have a little clarification as to what is changing from the previous application because my understanding is that both Acme and Nuevo Acapulco currently provide liquor. Dir. of Law: Mrs. Ray, if you are looking to the Law Department; this is the first time I have had an opportunity to see them and I have no more information than what is available to you this evening and so I apologize that I do not have the answer to that question. Pres. of Council: Sue says that she gets that information, but . . . can we hold these? st Dir. of Law: It looks like the date to return the request is by January 21 . So unfortunately given the timing with the holiday schedule; we probably didn’t meet until now and I don’t know when we got the request . . . when we received the request. th Mr. Sisak: December 20 . Clerk of Council: Does it have to be by a roll call vote; can I just call them individually on the phone? Dir. of Law: No, it needs to be on the public record. Mayor: If I may, I think if you do not respond, then they do not schedule a meeting. So if you wanted a meeting; it is by a roll call vote that you are asking for a meeting. I am only reading what I see in front of me that it looks like they want a carry-out until one a.m. A D1 license is for beer only on premises consumption and so therefore . . . and I am looking at 600 South Avenue; if Acme wanted to serve on premise, it looks like D1 would allow that. I am reading this only for the first time . . . or sell until one a.m. I don’t think they can currently sell beer at one a.m. Mrs. Ray: Well, then I think we had the discussion that they are not open at one a.m. and so that was the first point of confusion and the second point is . . . it is my understanding that they do not currently offer on premises consumption . . . this is just confusing; that’s all. Mayor: They have not talked to us about expanding their business or doing that, but they may be wanting to change hours of operation. They don’t have to come to us for that. Mrs. Ray: No, I understand they don’t, but as I said, we were just a little . . . reading this it was just not very clear as to what is actually changing from their current method of operation and sale of liquor. Mr. Sisak: The only insight that I could provide for that and we had discussed this previously was that Acme . . . other Acme’s do have draft beer that you can sample and then you can take home in a growler type container. So, I don’t know if that is what they are going towards, but that would be my only insight into this; not from personal experience! Mrs. Ray: I would think that any beer is in a sealed container for carry-out and so that could be very well why they are asking for a change. Mr. Rensel: Thank you Mr. President. Madame Law Director; can’t we ask for a continuance on this until we get more facts?  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 Dir. of Law: I’m not sure whether they will allow us to do that or not. We can certainly attempt to. I will . . . I mean if you want to ask for the hearing; I would be more inclined to say ask for the hearing and then if we decide after getting more information that we don’t want to make an appearance or we are asking to withdraw it; I can send that type of information, or if I have to go to Columbus or the County to say that the issue was that we just weren’t sure. I am happy to do that if Council would prefer that. I’m sorry I can’t answer the questions you are asking tonight. Mr. Rensel: It’s OK. That is why I was thinking about a continuance to allow us to collect more information. Both these individuals . . . I mean, I was on Council when these applications were applied for and there was very much concern on South Avenue when that happened and we passed that. Now they are asking to basically have it extended. The same thing with what was Erie Station. They had this and now they are asking to extend it to one a.m. Those places aren’t even open at the present time and so, yes they may be planning to extend their hours, but then we are back to the issue; are we selling liquor in bars, or are we still running a restaurant and are we following the 65/35 which is what the requirements are. Mr. Stalnaker: I haven’t been into the Acme, but do they serve food there; do they have a restaurant? Mayor: Yes. Mr. Stalnaker: Could this be in conjunction that they want to sell . . . Mayor: They have a little snack bar area where you can buy a sandwich or you can buy a cup of soup, which I do often between Giant Eagle and Acme; I go to either one of them and just get a cup of soup and sit in their little snack area and consume it at that point. It might bring a whole other dimension of me going to lunch! Mr. Stalnaker: Yeah, if you go to lunch there you may not come back to work because it does say consumption on premises. Mayor: I think that is just part of that D1, which currently at Nuevo Acapulco; you can have a beer at one a.m. and so it is . . . Mrs. Ray: I understand; I really understand Nuevo Acapulco that it is Sunday and you know its one a.m., but I just really don’t understand the need for a change or this application from Acme. Mr. Rensel: In listening to the Law Director; I would like to request a hearing. Pres. of Council: OK, for 600 South Avenue? Mr. Rensel: Well, that is the one that we are discussing presently. Personally, I would request them for both. Pres. of Council: Are you making a motion? Mr. Rensel: Yes. Mrs. Ray: I would second that. Pres. of Council: We have a motion and a second to request a public hearing for the liquor application for Acme, 600 South Avenue. Roll Call: Mrs. Kilway - yes, Mrs. Ray - yes, Mr. Rensel - yes, Mr. Sisak – no, Mr. Stalnaker – yes, Mr. Donovan – yes. The request to hold a public hearing is passed by a vote of 5-1. Pres. of Council: Is there a request for a public hearing for Nuevo Acapulco? Mr. Rensel: I move for a public hearing sir on the liquor application for Nuevo Acapulco Mexican Restaurant on East Avenue. Seconded Mrs. Ray. Pres. of Council: Is there any discussion? Mr. Sisak: My question is; Mrs. Raber said that we could ask for further information regarding this? Dir. of Law: Well, we are going to be requesting a hearing and then . . . I don’t know whether or not . . . if I need to go to a hearing; I will go to a hearing. If it ends up that after I give you additional information which I will be requesting from both of them, then I can bring that back to Council and you can tell me whether you really have an objection or not, but let’s go ahead and ask for it if we need to within the particular time frame. Mr. Sisak: So, what is the function of the public hearing; it is not held here. I mean who . . . Dir. of Law: Correct. It is the Liquor Board that runs the hearing. Mr. Sisak: OK, so the Liquor Board shows up and the applicant? Dir. of Law: The applicant and the City. It is a hearing; it is a public hearing and so additional information can be . . . I have not honestly attended one of these in particular yet in my tenure, but I am assuming that it is like any other hearing where there are questions and answers and so if you have additional questions that haven’t been answered, then that is also our opportunity to have that hearing and so we can get the questions that you have answered. Mr. Sisak: It just sounds like it is an extra step versus just going to the applicant and asking them their intentions. Dir. of Law: Correct, which normally, if we had an additional time frame in which to get the st information; they need a response by January 21 and so we won’t be meeting again before then and so I am . . . Mr. Rensel: Being involved with these especially when we started up; Mr. Kline will remember that each of the restaurants were filing and they would come and talk to us and explain why they wanted what they wanted and so when this came up; we were prepared. 2  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 Mr. Rensel (Cont’d.) This time; we are not prepared. No one . . . the establishments have not contacted any Council persons that I know of to discuss what their intentions are and that is the reason Mr. Sisak for this. Mr. Sisak: OK. Mr. Rensel: We can always pull back as Ms. Raber says after we get more information. Call for the question. Pres. of Council: I’m sorry Mr. Rensel. Mr. Rensel: Call for the question. Dir. of Law: That means to go ahead and take the vote. Pres. of Council: That is what I was just going to do if you are done? Mr. Rensel: Yes sir. Roll Call: Mrs. Ray – yes, Mr. Rensel – yes, Mr. Sisak – no, Mr. Stalnaker – yes, Mr. Donovan – no, Mrs. Kilway - yes. We have a vote of 4-2 in favor of a public hearing on Nuevo Acapulco. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: None. 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, DIRECTOR OF LAW AND ECONOMIC DEVELOPER. Mayor: I will be very brief. Happy New Year to all that are here; to the new Chairmen of the committees. Anything that the Administration can do for you or to help you out, that is what we are here for is to help, so feel free to come in and work with us and we will gladly help you. We had our first meeting today or this week with DB Hartt for the Comprehensive Plan. We will have several meetings to go on. It was a good meeting to bring him up to speed for the Comprehensive Plan that has not been looked at since 1997. So we will get Council involved as time goes on. So we are just starting the process. Boards and Commissions; we do have vacancies on our Boards and Commissions that I need to get appointed tonight. Our Civil Service Commission; Jan Naso has been the Chairman for some time and his term is up effective until January of this month and I would like to reappoint him to the Civil Service Commission. So therefore, I would ask Council for that appointment. Mr. Rensel: Mr. Mayor; so moved. Seconded Mrs. Kilway. Voice vote 6-0. Pres. of Council: Mr. Naso has been reappointed to another term on the Civil Service Commission. Mayor: Next we have Planning & Zoning. We have two members who are current members; Dianne Sumego and Pat Larson. Their terms are up and they both have done an excellent job for us on that commission and I am asking them to come back and they are willing to do that. So, that is Dianne Sumego and Pat Larson. Then we have a third member; Pat Wack who has been with the commission for several . . . 18 years and he is no longer wanting to come back. So I have Stephan Ryder who is a good guy who came to us looking to volunteer his time. He lives up in Fox Ridge; I think he is one of the neighbors of Craig and so you may know the guy. He has a young family and he has been involved in design work for environmental designs and I think he will do great on landscaping and architecture and so I would ask for the appointment of Dianne Sumego and Pat Larson and Stephan Ryder to the Planning & Zoning Commission. Mr. Rensel: So moved Mr. Mayor. Seconded Mrs. Ray. Pres. of Council: We have a motion and a second. All in favor? All voted aye by a vote of 6-0. The other one is the Board of Zoning Appeals. Kevin Heilmeier and Donald Cooper are both members of the Board of Zoning Appeals and would like to be reappointed. I think they have done a good job. Kevin is the Chairperson of it. He does a fabulous job. Therefore, this is not a relative to Jack Cooper; it is Donald Cooper. Mr. Rensel: So moved Mr. Mayor. Seconded Mrs. Ray. Pres. of Council: I have a motion and a second. All in favor? All voted aye by a vote of 6-0. Mr. Heilmeier and Mr. Cooper have been reappointed to the Board of Zoning Appeals. Mayor: Lastly, you do have a lot of housekeeping ordinances and if you choose to adopt those; it would get them off of your agenda and I will answer any questions as they come up and so will Mr. Esler. End of report. Mr. Stalnaker: Mr. Mayor, we probably won’t need this for two or three weeks, but have you signed a contract for the grass mowing? Dir. of Pub. Service: Yes; I will report on that. We already touched on the leaf collection. I encourage anybody who would like to to see the map. You can see how many times we have been on the different streets. I encourage anybody who would like to go out and see how one of these crews work in this kind of weather and what we are dealing with; give me a call and I will take you out there and let you see what is going on. I also encourage you, if we get a good snow storm; if you would like to ride on a plow truck and see what that is all about, just let me know and I will get you in a truck. 3  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 Dir. of Pub. Service (Cont’d.) We had a meeting today; it was the Portage/Summit County Collaboration meeting. It is a group of Mayors and Service Directors and we meet and discuss options for collaborating for services and mutual aid and things like that. We are going to look at meeting with some of the other Service Directors in early February and we are going to get our Street Superintendents together and looking at things like traffic signal maintenance and doing training for different things that maybe one community will do training of something one month and we will just keep going around and having different communities provide training. We have Board of Control tonight for the mowing contract. Eric’s Lawn Service was the lowest apparent bidder at $83,325 a year. We will have Board of Control on that. We only had two bidders. Four Seasons was the next bidder and he was $85,000 a year. End of report. Mr. Rensel: Do they both receive the discount because they are Tallmadge businesses? Dir. of Pub. Service: Well, Four Seasons isn’t a Tallmadge business. Eric didn’t need to. He was low without that and so he didn’t need to have local preference. Mr. Rensel: OK. Thank you. Dir. of Finance: Thank you Mr. President. I will keep this as brief as possible. We completed the year 2013 with $6,421,013 in the Unencumbered General Fund Balance. Income Tax was 10.6% ahead of last year at $9,642,542. The General Fund Revenues exceeded projections by nearly $1.3 million. The Rec Center net operating profit as the Mayor alluded to previously was $204,821. The Fire Fund finished with $323,318 in the Fund Balance. The Street Maintenance finished with $97,504. The Sewer Operating Fund is a little more healthy than it was previously. At the end of the year 2013, with $1.54 million in their Fund Balance. Water Operating Fund finished with $1,828,713. Storm Water was $314,396. That is the end of my report. Mr. Rensel: Steve, thank you very much for Ord. 82-1997 on the debt policy for the City of Tallmadge. This is as I remember it and hopefully if anybody hasn’t seen that; that is a refresher. Dir. of Finance: As you can see, that is a document that dates back to 1997 and I believe that it really warrants some attention and it warrants being revisited and reworked. So, thank you. Mr. Rensel: Will you do that or . . . Dir. of Finance: We will be in the process of reworking that and then it will be in front of Council for sure. Mr. Rensel: OK. Thank you. Mr. Stalnaker: It is very enlightening to hear figures like that. I guess maybe I read too much, but you read about Detroit and Chicago and the different cities in California where some of them are in the process now of cutting pension payouts and some of them have not contributed to a pension fund for seven or eight years and in the end, it is the politicians that get blamed for it because they keep giving everything away like General Motors became Generous Motors and then became Government Motors and so it is very delightful to hear these figures. Mrs. Ray: Just a couple of questions Mr. Shanafelt. First of all, looking at your Fund Report; the Street Maintenance and Repair Fund, I just noticed that the unencumbered balance is below $100,000. Are we concerned about that? Dir. of Finance: That figure was worked into the 2014 budget. Mrs. Ray: OK. That was my first question. My second question is on your Revenue Report, I noticed under Intergovernmental Revenue Shared Taxes that Inheritance Taxes we received $551,000 whereas we had estimated $150,000 and so that was very good. Dir. of Finance: That was quite a nice surprise. Mrs. Ray: Refresh my memory; are Inheritance Taxes earmarked for anything in particular or does it just go into the General Fund? Dir. of Finance: That is part of the Pool Funds. Mrs. Ray: I would assume that we do not estimate that we will receive that sum in 2014? Dir. of Finance: No, as a matter of fact, I believe the 2014 budget has somewhere closer to about $75,000 or so dollars. It is just . . . it depends on how long it takes the probate court to finish or the estate to close. Mayor: It is no longer available anymore. Dir. of Finance: Yeah, they stopped that in 2013. Mrs. Ray: Well, except for anything that is still carried over; an estate that would not be closed. Then on page 3 of your Revenue Report, which is the Rec Center, I noticed that st actual year to date revenue on December 31 was about $1,461,000. We had estimated $1,549,000. The Rec Center did very well; don’t get me wrong. Was that under budget number a function of Maca Park and the weather that we had that wasn’t so great; so was revenue down in Maca or was it down in other areas at the Rec Center? Dir. of Finance: It was down in other areas at the Rec Center. Maca is a separate issue. Mrs. Ray: Maca is not in that; are they a separate fund? 4  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 Dir. of Finance: No, if you recall this summer, we had separate reports for Maca and the Rec Center. Mrs. Ray: I think that is all I have for you. Thank you. Mr. Sisak: Mr. President, I have a question for Mr. Shanafelt. Where can we find that resolution from 1997 or ordinance? Mrs. Ray: We will make a copy of it and yes, to answer Mr. Rensel’s question from the Finance Committee as the Finance Chair, we will be revisiting that ordinance as it is no longer . . . it no longer serves the best interest of the City from a debt policy perspective. Dir. of Finance: Absolutely. Dir. of Law: I have no report this evening. Economic Developer: I have no report. Mrs. Ray: I do have a question for Mr. Loughry. I noticed driving down West Avenue yesterday that there was a For Sale sign out in front of Petitti’s? Economic Developer: For Lease. Mrs. Ray: Alright. Economic Developer: They have the whole second floor; it has been for lease for some time. Mrs. Ray: OK. I was just concerned that perhaps Petitti’s had decided to leave the City. Economic Developer: No. Actually I met with them before Christmas. They have expanded their Stow facility, but they reiterated that they are happy in Tallmadge. nd 10. Ordinance 99-2013 At 2 Reading. PERSONNEL Clarifying and defining personnel benefits and policies for non-collective bargaining employees and providing for immediate enactment. rd Pres. of Council: Ord. 99-2013 is at 3 Reading and will remain before the Personnel Committee. rd 11. Ordinance 103-2013 At 3 Reading. FINANCE Declaring certain City-owned vehicles to be excess and authorizing the Director of Pub- lic Service to sell such equipment at public sale or trade-in and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 103-2013. Seconded Mrs. Kilway. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 103-2013 is adopted by a vote of 6-0. rd 12. Ordinance 104-2013 At 3 Reading. FINANCE Declaring that certain City-owned vehicles obtained through criminal forfeitures to be excess and authorizing the Director of Public Service to dispose of such vehicles in accordance with law and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 104-2013. Seconded Mr. Sisak. Roll Call: Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 104-2014 is adopted by a vote of 6-0. rd 13. Ordinance 107-2013 At 3 Reading. FINANCE Amending and supplementing Ordinance 53-2013 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Mrs. Ray moved to amend Ord. 107-2013. Seconded Mr. Sisak. Dir. of Law: If I may suggest the language of the amendment because of how the Council meeting has fallen. You don’t have the amendment in front of you like you normally would. If you would accept a friendly amendment to your motion that the language of the amendment would read, Under Hall Rentals, “Community Center would have the addition of Faithful Servants – Use of hall for one day at no charge once per year when available.” If you want to just say that you agree to that friendly amendment. Mrs. Ray: Thank you very much. I would move to amend Ord. 107-2013 as read by Mrs. Raber (Dir. of Law). Seconded Mr. Sisak as read by Mrs. Raber. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 107-2013 is amended by a vote of 6-0. 5  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 Mrs. Ray moved for the adoption of Ord. 107-2013. Seconded Mr. Sisak. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 107-2013 is adopted by a vote of 6-0. nd 14. Ordinance 108-2013 At 2 Reading. PUBLIC SERVICE Authorizing the adoption of the solid waste management plan for the Summit/Akron Solid Waste Management Authority and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Ord. 108-2013. Seconded Mr. Sisak. Pres. of Council: Any discussion? Mrs. Kilway: I have a question on our committee meeting that we had a few minutes ago it has Ord. nd nd 108-2013 at the 2 Reading and we were going to keep it at 2 Reading and it says on the agenda rd that it is at 3 Reading. Mayor: That is a typo. nd Mrs. Kilway: I think we were going to keep it at 2 Reading so we could review the flashcard. Pres. of Council: Mr. Stalnaker; would you like to take back your motion. Mr. Stalnaker: Yes. Mr. Sisak: I take back my second. nd Pres. of Council: Ord. 108-2013 is at 2 Reading and will remain before the Public Service Committee. nd 15. Ordinance 110-2013 At 2 Reading. PLANNING & ZONING Extending the conditional use permit for 76 North Avenue and providing for immediate enactment. nd Pres. of Council: Ord. 110-2013 is at 2 Reading and will remain before the Planning & Zoning Committee. st 16. Ordinance 1-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase of cold planing of asphaltic concrete and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 1-2014. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 1-2014 is adopted by a vote of 6-0. st 17. Ordinance 2-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase of hot mix asphalt in place and providing for imme- diate enactment. Mrs. Ray moved for the adoption of Ord. 2-2014. Seconded Mrs. Kilway. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 2-2014 is adopted by a vote of 6-0. st 18. Ordinance 3-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for sealing cracks and joints in paved streets and providing for imme- diate enactment. Mrs. Ray moved for the adoption of Ord. 3-2014. Seconded Mr. Sisak. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 3-2014 is adopted by a vote of 6-0. 6  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 st 19. Ordinance 4-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for pavement marking and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 4-2014. Seconded Mrs. Kilway. Roll Call: Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 4-2014 is adopted by a vote of 6-0. st 20. Ordinance 5-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise and solicit bids and the Mayor to enter into a contract for concrete projects on public property and providing for imme- diate enactment. Mr. Rensel moved for the adoption of Ord. 5-2014. Seconded Mrs. Kilway. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 5-2014 is adopted by a vote of 6-0. st 21. Ordinance 6-2014 At 1 Reading. PERSONNEL Authorizing the Director of Public Service to advertise for bids and the Mayor to award a contract for temporary labor and providing for immediate enactment. Mr. Rensel moved for the adoption of Ord. 6-2014. Seconded Mrs. Kilway. Mrs. Ray: It says, “WHEREAS there is need to hire additional temporary labor for the Street Department for the Leaf Pickup Program.” Do you want to leave it in there as such? Dir. of Pub. Service: It is for the Leaf Program. Mrs. Ray: OK. I just wanted to make sure. I know we are a little confused about the seasons in Tallmadge! Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 6-2014 is adopted by a vote of 6-0. st 22. Ordinance 7-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to enter into a con- tract with John Thoenen/dba Inspection Services for construction administration and inspection services and providing for imme- diate enactment. Mr. Rensel moved for the adoption of Ord. 7-2014. Pres. of Council: Mr. Rensel, we need to read it into the record first. st Mr. Rensel moved for adoption of Ord. 7-2014 at 1 Reading. Seconded Mrs. Kilway. Mrs. Ray: I just wondered what the total cost of this contract was for 2013? Mayor: He was the inspector on the waterline extension up by East End Welding. Mrs. Ray: OK, so you can enter into this contract without bid? Mayor: I don’t need to go through the bidding process. Mrs. Ray: That was my question; how much was spent in 2013. I just want to make sure that we don’t hit the threshold and have an issue. Thank you. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 7-2014 is adopted by a vote of 6-0. st 23. Ordinance 8-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to contract with Arcadis U.S., Inc. for engineering and consulting services relating to water and sewer system improvements and other general engineering services and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 8-2014. Seconded Mrs. Kilway. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 8-2014 is adopted by a vote of 6-0. 7  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 st 24. Ordinance 9-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to enter into a con- tract with URS Corporation-Ohio for general traffic engineering services for various streets and projects and other general engineering services and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 9-2014. Seconded Mrs. Kilway. Mrs. Ray: Again, my question is does this need to be bid out? Does it meet the thresholds? Mayor: It is professional engineering services. Dir. of Law: It is exempt and that is how the ordinance is written because it is professional engineering services; it is professionally unique and so there is a provision under the ORC that allows for exemption. Mrs. Ray: OK. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 9-2014 is adopted by a vote of 6-0. st 25. Ordinance 10-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to contract with Bur- gess and Niple, Inc. for engineering and consulting services relating to water system development and other general engineering services and providing for immediate enact- ment. Mrs. Kilway moved for the adoption of Ord. 10-2014. Seconded Mr. Sisak. Roll Call: Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 10-2014 is adopted by a vote of 6-0. st 26. Ordinance 11-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase of lime- stone and providing for immediate enact- ment. Mr. Rensel moved for the adoption of Ord. 11-2014. Seconded Mr. Sisak. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 11-2014 is adopted by a vote of 6-0. st 27. Ordinance 12-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase of asphalt picked up and providing for immediate enactment. Mr. Rensel moved for the adoption of Ord. 12-2014. Seconded Mr. Sisak. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 12-2014 is adopted by a vote of 6-0. st 28. Ordinance 13-2014 At 1 Reading. FINANCE Authorizing the Mayor to enter into the necessary contracts for the purchase of a trailer mounted leaf collector through the State Purchasing Program, the ODOT Cooperative Purchasing Program, or local preference as allowed by ordinance and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 13-2014. Seconded Mrs. Kilway. st Mr. Rensel: Mr. Mayor; are the next three required to be passed at 1 Reading? Mayor: This was in the 2014 budget that you adopted and so this just gives us the authority to put a bid packet together and go out and purchase. So you really through the 2014 budget; it is in there. It is just the process. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 13-2014 is adopted by a vote of 6-0. 8  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 st 29. Ordinance 14-2014 At 1 Reading. FINANCE Authorizing the Mayor to enter into the necessary contracts for the purchase of two snow plows through the State Purchasing Program, the ODOT Cooperative Purchas- ing Program, or local preference as allowed by ordinance and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 14-2014. Seconded Mr. Sisak. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 14-2014 is adopted by a vote of 6-0. st 30. Ordinance 15-2014 At 1 Reading. FINANCE Expressing intent to sell unneeded, obso- lete, or unfit municipal personal property by internet auction in calendar year 2014 and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 15-2014. Seconded Mr. Sisak. Mrs. Ray: Mr. Esler, can you give me an idea of what an unneeded, obsolete or unfit municipal personal property is? Dir. of Pub. Service: We have none right now, but for instance, last year we used to have a small slide that looked like a ship wreck at Maca and we changed that out and put Shamoo there and we put that on the internet last year. We also had some old traffic signals that we put on the internet and we sold them. Mrs. Ray: Yeah I know, my husband bought them. Thanks! Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 15-2014 is adopted by a vote of 6-0. st 31. Ordinance 16-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Director of Public Service to negotiate and the Mayor to contract for various policies of insurance for the City and providing for immediate enactment. Mr. Rensel moved for the adoption of Ord. 16-2014. Seconded Mrs. Kilway. Roll Call: Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 16-2014 is adopted by a vote of 6-0. st 32. Ordinance 17-2014 At 1 Reading. PERSONNEL Authorizing the Director of Public Service to advertise for proposals and the Mayor to enter into one or more contracts for major medical, dental, eye, and group life insur- ance for various officials and employees of the City and providing for immediate enact- ment. Mrs. Kilway moved for the adoption of Ord. 17-2014. Seconded Mrs. Ray. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 17-2014 is adopted by a vote of 6-0. st 33. Ordinance 18-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Mayor to contract with GPD Group for engineering and consulting ser- vices relating to storm water improvements and other general engineering services and providing for immediate enactment. Mr. Rensel moved for the adoption of Ord. 18-2014. Seconded Mrs. Kilway. Roll Call: Mr. Donovan – yes, Mrs. Kilway – yes, Mrs. Ray – abstain. Dir. of Law: Could you please just put on the record the reason for the abstention. Is it a business relationship? Mrs. Ray: I have a business relationship with GPD Group. Roll Call (Cont’d.) Mr. Rensel – yes, Mr. Sisak – yes, Mr. Stalnaker – yes. Ord. 18-2014 is adopted by a vote of 5-0 with one abstention. 9  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 st 34. Ordinance 19-2014 At 1 Reading. PUBLIC SERVICE Authorizing the Ohio Director of Trans- portation to complete the mowing of IR 76 within the City limits and providing for immediate enactment. Mr. Rensel moved for the adoption of Ord. 19-2014. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 19-2014 is adopted by a vote of 6-0. st 35. Ordinance 20-2014 At 1 Reading. FINANCE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase and install- ation of a columbarium and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 20-2014. Seconded Mr. Sisak. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 20-2014 is adopted by a vote of 6-0. st 36. Ordinance 21-2014 At 1 Reading. FINANCE Authorizing the Director of Law to enter into an agreement with the Summit County Pub- lic Defender’s Commission, authorizing payment therefore, and providing for imme- diate enactment. Mrs. Ray moved for the adoption of Ord. 21-2014. Seconded Mr. Sisak. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 21-2014 is adopted by a vote of 6-0. st 37. Ordinance 22-2014 At 1 Reading. COMMUNITY ISSUES/SAFETY Authorizing the Director of Law to negotiate and to enter into a contract with Oriana House, Inc. to provide for a misdemeanant work release program, halfway house, and home incarceration for misdemeanant offenders and providing for immediate enactment. Mr. Rensel moved for the adoption of Ord. 22-2014. Seconded Mr. Sisak. Mrs. Ray: This is for Mrs. Raber. Once these individuals are in our community; if they were to commit a crime; would the City hold any responsibility or any liability? Dir. of Law: I will try to understand your question. Once they are in our community . . . Mrs. Ray: They are in our community working right; they have been released to work in our community? Dir. of Law: The halfway house program is actually technically in the City of Akron and it would be the responsibility of Oriana House to manage them when they are under their auspices. Mrs. Ray: When they are under their supervision even though we have entered into a contract to employ them to do work within the City? Dir. of Law: We don’t . . . it doesn’t work quite like that. It doesn’t work like that. Mrs. Ray: OK. Dir. of Law: They find locations for them to work if they are doing a work release program and the people are not employed by us whatsoever. Mayor: Kim, I think if the Police Department arrest somebody then the Judge assigns them to the Oriana House and it is part of our responsibility then the City of Tallmadge has to pay for the cost of housing that person at the Oriana House. Mrs. Ray: Oh OK. This isn’t a work release program; this is the cost of actually providing for the Oriana program for offenders that were sent there from Tallmadge. OK; got ya. Alright thank you. Dir. of Law: I’m sorry; I wasn’t understanding your question. Mrs. Ray: That’s OK. I obviously didn’t understand the work program so thank you for clarifying that. Mr. Rensel: This is a housekeeping ordinance. Mrs. Ray: Well John, it may be a housekeeping ordinance, but I didn’t understand it. Mr. Rensel: That’s OK. Roll Call: Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 22-2014 is adopted by a vote of 6-0. 10  REGULAR COUNCIL in Council Chambers @ 7:00 p.m. January 9, 14 st 38. Ordinance 23-2014 At 1 Reading. FINANCE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the purchase of radio read water meters and providing for imme- diate enactment. Mrs. Ray moved for the adoption of Ord. 23-2014. Seconded Mr. Sisak. Roll Call: Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 23-2014 is adopted by a vote of 6-0. st 39. Ordinance 24-2014 At 1 Reading. FINANCE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the installation of radio read water meters and providing for imme- diate enactment. Mrs. Ray moved for the adoption of Ord. 24-2014. Seconded Mrs. Kilway. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 24-2014 is adopted by a vote of 6-0. st 40. Ordinance 25-2014 At 1 Reading. FINANCE Authorizing the Mayor to enter into an agreement with Kent Displays, Incorporated for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 25-2014. Seconded Mr. Sisak. Economic Developer: I just wanted to explain that this isn’t any different that the other ones that you have adopted. The applicant meets the criteria and so this is fine. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan – unanimous. Ord. 25-2014 is adopted by a vote of 6-0. st 41. Ordinance 26-2014 At 1 Reading. PLANNING & ZONING Amending and supplementing Ordinance P&Z REC. APPROVAL 3-0 32-1982 to vacate the remaining portion of Sunrise Street and not needed for municipal purposes. st Pres. of Council: Ord. 26-2014 is at 1 Reading and is assigned to the Planning & Zoning Committee. st 42. Ordinance 27-2014 At 1 Reading. FINANCE Accepting a donation of a Stryker Cot from Akron General Health System to the City of Tallmadge and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 27-2014 and expressed our thanks to Akron General for the gracious donation. Seconded Mr. Sisak. Mayor: We also did receive our formal letter from the BWC (Bureau of Worker’s Comp) that we did receive the grant that we thought we were going to receive. It was a $40,000 grant and we thought it was a matching fund and we still don’t know the exact amount the City is going to have to pay, but in the letter it said $13,000 and so it wasn’t a full matching and so legislation will be coming forward as soon as we get that in and then we will have to have that money spent in the new two cots purchased within 90 days of receiving the BWC money and so back to this ordinance, it is a great honor from Akron General Hospital to provide us with this and we will be sending them a thank you and a copy of Council accepting this. Mr. Sisak: Mr. President, a question for the Mayor. Is that who does our consulting for our Fire Department; their emergency room doctor? Mayor: Akron General. Mr. Sisak: OK. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 27-2014 is adopted by a vote of 6-0. 11  TALLMADGE CITY COUNCIL AGENDA - REGULAR COUNCIL MEETING THURSDAY, JANUARY 9, 2014 @ 7:00 P.M. st 43. Resolution 1-2014 At 1 Reading. FINANCE Authorizing the Portage County Auditor to advance payment of local taxed collected for the 2013 tax year, payable in 2014 and providing for immediate enactment. Mrs. Ray: I would assume that Mr. Shanafelt would like to have this adopted? I will move for the adoption of Res. 1-2014. Seconded Mr. Sisak. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Res. 1-2014 is adopted by a vote of 6-0 st 44. Resolution 2-2014 At 1 Reading. FINANCE Authorizing the Summit County Fiscal Officer to advance payment of local taxes collected for the 2013 tax year, payable in 2014 and providing for immediate enact- ment. Mrs. Ray moved for the adoption of Res. 2-2014. Seconded Mrs. Kilway. Roll Call: Mr. Sisak, Mr. Stalnaker, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Res. 2-2014 is adopted by a vote of 6-0. st 45. Resolution 3-2014 At 1 Reading. Extending the sympathy of the Council and the Administration to Kyle Hysell and mem- bers of his family in the death of Joyce A. Hysell and providing for immediate enact- ment. Mr. Stalnaker moved for the adoption of Res. 3-2014. Seconded Mrs. Ray. Voice vote 6-0. Res. 3- 2014 is adopted by a vote of 6-0. st 46. Resolution 4-2014 At 1 Reading. Extending the sympathy of the Council and the Administration to Dianne Huth and members of her family in the death of Mark Allen Huth and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Res. 4-2014. Seconded Mrs. Ray. Voice vote 6-0. Res. 4- 2014 is adopted by a vote of 6-0. 47. ADDITIONAL ITEMS: None. 48. ADJOURNMENT: Mr. Sisak moved to adjourn. Seconded Mrs. Kilway. Voice vote 6-0. The Regular Council meeting for 1-9-14 adjourned at 8:07 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 12