Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:00 p.m. May 14, 15 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, May 14, 2015 to order at 7:00 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – present. Also present were Mayor Kline, Dir. of Pub. Service Esler, Ass’t. Dir. of Finance Shanafelt, Dir. of Law Raber, Economic Developer Loughry and Deputy Clerk of Council Conti. Dir. of Finance Shanafelt was on vacation. 4. MINUTES: 4-23-15 Regular Council meeting minutes. Mrs. Ray moved for the adoption of the 4-23-15 Regular Council Meeting minutes. Seconded Mr. Rensel. Voice vote 7-0. The 4-23-15 Regular Council Meeting minutes were adopted by a vote of 7-0. FINANCIAL REPORTS:  SMR Transfer in the amount of $200,000 to Council on 4-29-15.  Bond Retirement Transfer in the amount of $200,000 to Council on 4-29-15.  Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 4-30-15 to Council on 5-4-15.  Tallmadge Recreation Center Profit and Loss Report for the period ending 4-30-15 to Council on 5-8-15.  Income Tax Comparisons for the period ending 4-30-15 to Council on 5-8-15.  April Financial Reports to Council on 5-8-15.  Revenue Comparisons for the period ending 4-30-15 to Council on 5-8-15. Mrs. Ray moved for the adoption of the Financial Reports submitted by Dir. of Finance Shanafelt. Seconded Mrs. Kilway. Voice vote 7-0. The Financial Reports submitted by Dir. of Finance Shanafelt were approved by a vote of 7-0. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: Tallmadge City Council meets on the second and fourth Thursday’s of the month for the Regular Council meetings and the preceding Monday’s are the Council Committee meetings. At the Committee meetings, legislation is discussed thoroughly with Council deciding to adopt, amend, reject, hold or table the legislation. We do allow time for community input at this point in the meeting. Is there anyone who would like to address Council, please come forward and state your name and address. I believe we have a quest this evening. My name is Brad Cromes and my address is 550 East Riddle Avenue in Ravenna, Ohio. I am the Portage County Treasurer and I am making a point to get out and see all of the subdivisions. I just wanted to introduce myself to you and I was appointed to this position in February of this year and so I am working to do a little more outreach in the community. We have some financial education materials on our website and that sort of thing. So, I would encourage you to look at that sometime and if you have any feedback for me, I will leave my card with you. Again, I just wanted to make myself available and I appreciate your time. Pres. of Council: Is there anybody else who would like to speak to City Council this evening? No one responded. 6.A. ANNOUNCEMENTS: Board of Control Meeting immediately following Council Meeting and also an Investment Board meeting. 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: Thank you Mr. Chairman. I will be very brief. Don’t forget this weekend; Saturday is the Relay for Life at Overdale field. It starts with a 5K run on Saturday morning and we are organizing around 7:00 or 7:15 a.m. for the run. There will be some lane road closures for a short period. The route is going to be from Fire Station No. 1 down to Northwest Avenue to Evergreen; down Evergreen to Garwood; up Garwood and across 91 and so that closure there and then you are going to go up Garwood to Kent Drive down Heritage and back on 91 up to Minwood, back to Kent Drive and down to Overdale and across the end. That was the route that the relay people would like to see. Fortunately for Tallmadge; maybe unfortunate for them, there are only 50 runners that we are aware of at this point and so it is a lot of work to put on for 50 some people. It is a new thing and so we will give that a try and see where it goes. I know quite a few members here on Council will be on different relay teams and working at that event and so I’m sure I will see you all there. A little update; we got notified from our insurance provided, which is Summa, that they are willing to change the contract and Council already passed legislation on Ord. 13-2015 to allow us to renegotiate for the upcoming months. But, for an 18-month contract, effective this July, I can get our health insurance for a 3% increase, which is unheard of. We really haven’t had a 3% increase and so we are going to lock in most likely for a 3% contract from July through all of 2016. A lot of insurance laws are changing in 2016 which will allow us to look at consortiums; do we go partially self-insured; do we go fully self-insured, or do we stay fully insured. It gives us a whole 18 months to really work out a deal. For a 3% increase, it is really something that we will work on starting this coming Monday. I am pretty excited about that.  REGULAR MEETING in Council Chambers @ 7:00 p.m. May 14, 15 Mayor (Cont’d.) Ordinance that are in front of you tonight; Item 18, Ord. 46-2015; the Lutheran Church; that is the Community Gardens. We would ask for your consideration on that tonight. We do have our community gardens, but finding out that the contract really has expired. The Lutheran Church could care less if they have a contract, but I think Megan would prefer that we have a contract. So do I and so we will talk about that when it comes up. And then Items 11 through 18; I think are all scheduled to be adopted. Thank you. One last very important thing; this coming Monday at 10:00 a.m. we will swear in Ron Williams as the new Police Chief for the City of Tallmadge. It will be this coming Monday at 10:00 a.m. in Council Chambers and you are all welcome. We will send out an e-mail. He just confirmed with me a little bit ago with his family coming in from Pittsburgh or Pennsylvania somewhere. Mr. Rensel: Mr. Kline, did we . . . were we ever told the number of applicants that was in the final pool for the decision. Mayor: There was actually one. Mr. Rensel: Just one? Mayor: Just one; it was, per Civil Service rules, it was a promotional exam and one person took the test and Civil Service rules allow that, but we did go through a full assessment center from the outside firm. There were three outside Police Chiefs from the surrounding areas and our testing agent, Ramsey & Associates, performed that test and we did get the results back and they said that Ron Williams would be a good Police Chief choice. If they came back and said no, then I would have to come back for legislation and change the rules and go with an open test. Now with the Fire Department, we have three applicants for the Fire Chief and that test is coming up on Memorial Day weekend that Saturday for three candidates. Mr. Rensel: Thank you sir. Thank you Mr. President. Dir. of Pub. Service: Yes, we got two men that are currently out in the field doing all the GIS work where all the storm water structures in the City are. The City has 300 different maps and they go out and hit a couple of maps a day. Today they collected about 400 different points and then they bring that into me at the end of the week and I send it to an engineering firm and they will map that all out and it will be a two-year process. We are collecting all of the points this year and next year they will go back with those points and identify those structures more with inverts of pipes and inlets, outlets and things like that. They have been taking pictures of the structures. We met this week with numbers of Mogadore Police Department, their City Engineer and members of our Police Department and Tod Stein from Diversified Concrete Ready Mix is going to let us use or have a contract for use of some property he has that is off of Gilchrist Road for a shooting range. We visited that site and it is an excellent site. Mogadore Police have to get it approved through their Council first and then we will start doing some more design work on it and probably get that done yet this year. So, we are happy to finally get that done. I did get a response back from First Energy as far as using their easement for the Broadview/Fenn area waterline. They are receptive to us using it, but we have to have detailed scale drawings to them for them to get the final approval. So we will have to get that done and also we can kind of estimate what the cost is going to be, but we still have to find out if we want to loop those lines because we will either have to go under the expressway; a directional bore under the expressway . . . find somebody who can do that long of a bore or hang it over the bridge and we will have to get ODOT’s approval for that and we have never done either one of those and we are not sure what the cost will be on that. It will take some time to get that all together. We are filling Maca Pool tomorrow. Everybody has been working out there. IT is getting all of the cash registers running and getting it all cleaned up. They have a staff meeting this weekend out there and so we are going to be opening that on May 30 th. We have a Board of Control tonight and we will be trying to get approved the Don Wartko contract for the South Avenue Waterline Our office is also working on drawers full of easements that we have gotten over the years and we are putting all of those into a data base and then eventually I will map all of those out and so they will all be mapped out so you can just click on it and get all the information on that. So that is another thing that we are working on. We have also got a lot of work putting together documents that have been requested for public records for the suit that we have against us. End of report. Pres. of Council: I have a quick question; the shooting range . . . that is news to me; we have something . . . Dir. of Pub. Service: Well, we were going to do it out at the old Tallmadge Asphalt plant that we own now. That is where our original shooting range was; we were going to build a new one out there and since we have the hike and bike trail there now we thought it wasn’t a good site. We did look to Brimfield and talked about a joint site with them out at the new Tallmadge Asphalt plant, but this site that they are proposing is actually the best site for us. It is away from all residential areas; it is kind of down in a hole already. Pres. of Council: What about money that we have set aside for that? Dir. of Pub. Service: We will use that money to help construct this. We have, I believe, around $80,000 that will be used to help build this. 2  REGULAR MEETING in Council Chambers @ 7:00 p.m. May 14, 15 Pres. of Council: OK, tell me again where is it located? Dir. of Pub. Service: It is off of Gilchrist Road . . . there is a power substation down there not too far north of Mogadore Road, the drive just past that goes way back in there in kind of like a strip mine area . . . A.G. Lockhart owns some of it and Mr. Steiner owns part of it; it is just a big area that is not used for anything except Mr. Steiner does have a concrete plant that he is planning on removing. Pres. of Council: OK; thanks. Mr. Rensel: Yes, Mr. Esler, could you give us a . . . bring a footprint or bring a picture overview of where the location is or do a . . . do you know what I am saying . . . go on the smart phone and find the location? Mayor: If I could show you the photo that is up there; (photo on screen) that wall right there is a solid concrete wall and that is the batch plant that is going to be torn down. The cursor is on the floor of the batch plant and 50’ behind that is another concrete wall and so this concrete wall here goes back 50’ and wraps around and . . . so that batch plant would be . . . this is earth mound right here and so the shooting range would be directly behind all of this and all of that will be removed and then the trap is a special thing that we would have to build out at the Tallmadge Asphalt site and it would be built on that concrete base and then you would be shooting into the bank. To put that into perspective, to the far right of this photo, continue quite a ways over and it is June Drive. Dir. of Pub. Service: A long way! Mayor: I mean just to put . . . a long ways away. This is when you drive off of Gilchrist Road to get to this thing 1) I never knew this was back there and it is about ½ a mile back in off of Gilchrist Road back into there. Mr. Rensel: Yes, but my question was; do we just have like a street map showing you know where . . . Mayor: Yeah. We will get that. This is all preliminary. We still have to go through legal contracts and work agreements between each other; there is a lot of leg work and Bryan just wanted to keep you informed that the shooting range; we are really getting close to an ideal location that everybody will be extremely happy with. In perspective, if you drive out Southeast Avenue all the way into Mogadore, at the square, at the gas station turn right immediately on Gilchrist Road and down right by the railroad tracks turn right into this driveway and you drive back into the abyss and you find this thing. I mean it is way back in there. Mr. Rensel: The property belongs to whom? Dir. of Pub. Service: Bob Steiner; he owns the Ready Mix that is on Southeast Avenue. Pres. of Council: Steidel. Mr. Rensel: He is going to abandon the property? Mayor: He is not going to abandon it; he is going to enter into a long-term lease with Mogadore and then a joint use agreement between Mogadore City Council and this City Council to utilize this location. Dir. of Pub. Service: It is not practical for him to use this site for concrete mixing any longer and so he is going to remove all of that equipment; the silos he will probably move over to his property over on Southeast Avenue. He is very nice to work with. He is agreeing with about anything we ask. Mr. Rensel: Thank you sir. Pres. of Council: Are there any other questions? No one responded. Ass’t. Dir. of Finance: I did want to report that we did receive our bond rating on Tuesday morning. We received an AA2 which is really good for the City. That is really about, with our demographics here, the best rating that we could achieve. So we were really happy with that and so that is helping us move forward with the bond refunding and everything with that seems to be going well. End of report. Dir. of Law: I have no report this evening. Economic Developer: Thanks. Steere Enterprises bought a 30,000 square foot building that was soon to be vacant on Commerce and so that is good. They are going to move one division there and expand in the footprint that they are leaving from. We had eleven acres that we were trying to market; the City didn’t own it, but that I have been working with others to promote for the last several years on Progress Drive and that was just sold. An investment group bought it that has some immediate plans but they are not ready to share them yet with us. Arrow Corporation is moving into our JEDD with 30 to 35 jobs and they will be opening in August. Danbury has moved up their timeline and they now want to break ground around July 1 st and so that is good. We have two other new constructions projects that should be announced before the end of the year on Crystal Parkway. End of report. Mrs. Kilway: Yes, is Steere going to move into the old Deeter Electronics? Economic Developer: No, they are moving into the RMS building. RMS you know is a division of Steelastic and so they are going to the Akron Industrial Park. That building was going to be vacant and you know 30,000 feet is nice to just not ever have it go dark at all. 3  REGULAR MEETING in Council Chambers @ 7:00 p.m. May 14, 15 10. Ordinance 30-2015 At 3rd Reading. PLANNING & ZONING Approving and granting a conditional P&Z RECOMMENDS 5-0 zoning certificate for special nonresidential development at 1077 East Avenue for AMEND 3-0 construction of a barn and fence to house seven male alpacas. Mr. Sisak moved to amend Ord. 30-2015. Seconded Mrs. Ray. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 30-2015 is amended by a vote of 7-0. 11. Ordinance 36-2015 At 3rd Reading. (Exhibit) PUBLIC UTILITIES Authorizing the Mayor to enter into a POLL/ADOPT 3-0 cooperative agreement with the Ohio Water Development Authority for planning and financing of the South Avenue Waterline from Ferguson Drive to the south corpora- tion limits and providing for immediate enactment. Mr. Rensel: As Chair of Public Utilities, I would like to poll the committee; Mrs. Ray and Mrs. Kilway. I am now going to ask the Mayor if we are ready to go with this. Mayor: Yes we are. Mr. Rensel: Committee; what say you? Mrs. Ray: That’s fine. Mrs. Kilway: Yes. Mr. Rensel: Public Utilities recommends adopting Ord. 36-2015 by a vote of 3-0. I am making a recommendation first. I am making a recommendation to adopt. Then it goes back to the Clerk. I close the committee; sorry. Pres. of Council: The committee is closed; is there a motion? Mr. Rensel moved to adopt Ord. 36-2015 at 3rd Reading. Seconded Mrs. Ray. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 36- 2015 is adopted by a vote of 7-0. 12. Ordinance 38-2015 At 3rd Reading. FINANCE Authorizing declarations of official intent ADOPT 3-0 under U.S. Treasury regulations with respect to reimbursements from note and bond proceeds of temporary advances made for payments prior to insurance, and related matters, and providing for imme- diate enactment. Mrs. Ray moved for the adoption of Ord. 38-2015. Seconded Mr. Sisak. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 38-2015 is adopted by a vote of 7-0. 13. Ordinance 40-2015 At 3rd Reading. FINANCE Bond Purchasing Agreement ADOPT 3-0 Bond Registrar Agreement Continuing Disclosure Agreement Escrow Agreement FOC Ltr. from Squire to Dir. of Finance An ordinance providing for the issuance and sale of bonds in the maximum principal amount of $3,100,000 to advance refund at a lower interest cost certain of the City’s outstanding various purpose bonds, Series 2006, dated March 1, 2006, that were issued for the purpose of paying a portion of the costs of constructing a new recreation facility; authorizing the call for optional redemption of the refunded bonds; authorizing execution and delivery of a Bond Registrar Agreement, Escrow Agreement and Bond Purchase Agreement; and authorizing the preparation, use and distribution of preliminary and final official statements and related matters, and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 40-2015. Seconded Mr. Sisak. Roll Call: Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 40-2015 is adopted by a vote of 7-0. 4  REGULAR MEETING in Council Chambers @ 7:00 p.m. May 14, 15 14. Ordinance 41-2015 At 3rd Reading. FINANCE Authorizing the appropriation of funds form ADOPT 3-0 unappropriated fund balances for an expansion of the 2015 Paving Program and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 41-2015. Seconded Mr. Sisak. Roll Call: Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 41-2015 is adopted by a vote of 7-0. 15. Ordinance 42-2015 At 3rd Reading. PUBLIC SERVICE Amending T.C.O. 351.03 Prohibited Stand- ADOPT 3-0 ing or Parking Places and providing for immediate enactment. Mr. Stalnaker moved for the adoption of Ord. 42-2015. Seconded Mrs. Kilway. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 42- 2015 is adopted by a vote of 7-0. 16. Ordinance 44-2015 At 2nd Reading. FINANCE Authorizing the expenditure of certain sums ADOPT 3-0 for the 2015 Memorial Day celebration in the City of Tallmadge and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 44-2015. Seconded Mr. Sisak. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – unanimous. Ord. 44-2015 is adopted by a vote of 7-0. 17. Ordinance 45-2015 At 2nd Reading. FINANCE Appropriating additional amounts for the ADOPT 3-0 advance refunding of the various purpose bonds, Series 2006 and providing for imme- diate enactment. Mrs. Ray moved for the adoption of Ord. 45-2015. Seconded Mr. Sisak. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 45-2015 is adopted by a vote of 7-0. 18. Ordinance 46-2015 At 1st Reading (Lease) 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 immediate enactment Ms. Tricaso moved for the adoption of Ord. 46-2015. Seconded Mr. Sisak. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 46-2015 is adopted by a vote of 7-0. 19. Ordinance 47-2015 At 1st Reading FINANCE Authorizing the Mayor to enter into a second renegotiated water tower lease agreement with AT&T Wireless PCS, Inc. through its successor in interest, New Cingular Wireless PCS, LLC, and to execute all necessary documents and providing for immediate enactment Pres. of Council: Ord. 47-2015 is at 1st Reading and is assigned to the Finance Committee. 20. Ordinance 48-2015 At 1st Reading PERSONNEL Amending Ordinance 46-2014 establishing the number of employees by department and position pursuant to R.C. 731.08 and providing for immediate enactment Pres. of Council: Ord. 48-2015 is at 1st Reading and is assigned to the Personnel Committee. 5  REGULAR MEETING in Council Chambers @ 7:00 p.m. May 14, 15 21. ADDITIONAL ITEMS: None. 22. ADJOURNMENT: Mr. Sisak moved to adjourn. Seconded Mrs. Kilway. Voice vote 7-0. The Regular Council meeting of 5-15-15 adjourned at 7:30 p.m. rc Approved: _____________________________________ __________________________________ Regina C. Conti James M. Donovan Deputy Clerk of Council President of Council 6