Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:00 p.m. September 10, 15 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, September 10, 2015 to order at 7:00 p.m. 2. PRAYER: Rev. John Schluep, First Congregational Church, Tallmadge. I would like to take just a moment . . . when I saw this date on the calendar, I immediately put my name to it. I am honored to be here to offer this prayer on the eve of September 11 th; the day marked in infamy not only for our nation, but for the world. It is difficult to realize the event of September 11th, 2001; now 14 years ago. I imagine that many of the students here were quite young at that time. So much has happened and so much has changed us on that day 14 years ago. Nineteen terrorists had their way. Four airplanes were hijacked; two flew into the twin towers in New York City; one flew into the Pentagon and one never reached its destination of Washington, DC, but was crashed in Shanksville, Pennsylvania. In the world trade center, 2,606 people died representing 90 nations of our global community; 87 died aboard the American Airline jet that crashed into the one twin tower and 60 died aboard the United Airline jet that crashed into the second tower. 125 died at the Pentagon and 59 aboard the American Airline jet, and 40 aboard the American Airline jet died in Shanksville, Pennsylvania before reaching our nation’s capital. I invite us to pause for a moment of silent meditation for 2,977 families who lost loved ones at that time and the 2,977 people who died that day. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – present. Also present were Mayor Kline, Dir. of Pub. Service Esler, Dir. of Finance Shanafelt, Dir. of Law Raber, Economic Developer Loughry and Clerk of Council Burton. Mrs. Ray was excused. 4. MINUTES: 08-27-15 Regular Council meeting minutes. Mr. Rensel moved to approve the 8-27-15 Regular Council meeting minutes. Seconded Mr. Sisak. Voice vote 6-0. The 8-27-15 Regular Council meeting minutes were adopted by a vote of 6-0. FINANCIAL REPORTS:  SMR Transfer in the amount of $200,000 to Council on 8-31-15.  Transfer to Community Development in the amount of $65,000 to Council on 8-31-15.  Bond Retirement Transfer in the amount of $200,000 to Council on 8-31-15.  Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 8-31-15 to Council on 9-8-15.  Tallmadge Recreation Center Profit and Loss Report for the period ending 8-31-15 to Council on 9-8-15.  Income Tax Comparisons for the period ending 8-31-15 to Council on 9-8-15.  Revenue Comparisons for the period ending 8-31-15 to Council on 9-8-15.  August Financial Reports to Council on 9-8-15.  Maca Profit and Loss Report for the period ending 8-31-15 to Council on 9-8-15. Mr. Sisak moved to approve the Financial Reports as submitted. Seconded Ms. Tricaso. Voice vote 6-0. The Financial Report submitted by Dir. of Finance Shanafelt were approved by a vote of 6-0. 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. If anybody would like to address Council, please come forward and state your name and address. I would like to also welcome all of the students that are here this evening. Would anybody like to address Council? No one responded. 6.A. ANNOUNCEMENTS: Discuss Liquor Renewal License for K-Mart. Pres. of Council: We have a liquor renewal license for K-Mart. Dir. of Law: This was just a renewal of exactly the same type of licensure that they already have for carry out of beer and wine. I believe Dennis Loughry confirmed that and I don’t think there is much more to do other than to determine whether or not it is your option as to whether or not you would like to request a hearing on this matter, but since it is a renewal and there is no change, I don’t know that you would want to do that. Pres. of Council: I would make a motion to not hold a public hearing. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Council voted 6-0 to not hold a public hearing on the liquor request for K- Mart. 7. REPORTS OF SPECIAL COMMITTEES: None. 8. AGENDA ADDITIONS: Ord. 65-2015 becomes Item 16.A., Ord. 66-2015 becomes Item 16.B., and Ord. 67-2015 becomes Item 16.C.  REGULAR MEETING in Council Chambers @ 7:00 p.m. September 10, 15 9. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIRECTOR OF FINANCE, DIRECTOR OF LAW AND ECONOMIC DEVELOPER Mayor: Last night we had a Sergeant’s Civil Service test at the Community Center and we had nine (9) of our Officers take that test and so we are waiting for the results of that to fill one spot for a Sergeant. It was pretty nice to see nine of them taking the test. Tomorrow as you heard from Rev. Schluep is September 11th and the candle ceremony in the Circle will take place. The setting of the candles out and lighting of the candles will go on and you are welcome to stop by all day long to help with the lighting of the candles and keeping them lit and then on Saturday morning we will be picking them back up and putting them in the boxes and packing them away for another year. Hats off to the Fire Department for organizing this now 14 years in a row. It is pretty phenomenal. I know that you have all been there and it is a spectacular event to see and be a part of. It is good for Tallmadge to keep that going on. Bryan will probably talk about some of this, but the South Avenue Waterline Project is moving along pretty well. There is some shutting of water down and back on, but the upper portion is all completed and they are on the new system and they are just doing some of the lower portions. They should wrap that up shortly. West Avenue; the pot holes or man holes; we did meet with ODOT and I know that one of you asked me about that and so just a follow-up on that; we met Wednesday with ODOT and with the help of Bryan and the Street Department, they are going to start looking at how they are going to adjust a couple of the man holes. For Mary; the contract for the waterline installation has been awarded to at least start looking at the preliminary for the waterline for Broadview and Fenn even though we do not . . . we are contracting to get tentative assessments so we know what we are talking about when you are ready to go out and see if they truly do want water on Broadway and Fenn and Woods Drive which are some of the few streets that do not have that. I apologize for having a couple of extra ordinances here and I didn’t talk about them on Tuesday night, but some of these things came up and we will talk about them as they come, but Ord. 65-2015 is a Local Government Grant Fund that we are applying for and we will talk about that in a little bit and we are asking for your 1 st Reading adoption there and then the land bank; we will talk about that also. It is just allowing us to apply for the grants. I am not guaranteed that we will get either one of them, but Pat Sauner would like those to go and then the last one was accepting the bat boxes. It doesn’t have to be adopted at 1st Reading, but it is your call. End of report. Dir. of Pub. Service: I don’t really have a lot of new things to talk about. Paving continues around Sunset View and South Munroe today. Striping continues; mostly the hand work now. The South Avenue Waterline; the main line is in and they are just making the cross connections now. Some of them are large ones and other ones are just surfaces and so that is continuing. We hope to have that complete by the 28th of this month. End of report. Mrs. Kilway: Mr. Esler, just a quick question . . . I wanted to thank you very much for Narrangansett and Melony Lane being paved; they look wonderful. Are they going to be sealed where the asphalt meets the concrete? Dir. of Pub. Service: Yes. Mrs. Kilway: OK. So it is still yet to be done? Dir. of Pub. Service: Yes. Dir. of Finance: Thank you Mr. President. Very briefly, you do have the financial reports in front of you. The end of the month of August marks 67% of the way through the year. I like to relate that to some of our percentages of revenues that have come in. For instance, the General Revenue has collected 67% of what was estimated and so we are right in line. Income Tax did bump up by 6.5% ahead of last year. It looks like Income Tax may come in just a little better than what we had anticipated. The unencumbered balance for the General Fund is a little over $4.5 million. The Fire Fund has an unencumbered balance of a little over $343,000. The Street Maintenance Repair has a balance of $344,423. The Sewer Operating Fund has an unencumbered balance of just a little over $1 million. The Water Fund is a little over $2.1 million. The Storm Water Revenue ended the month at 68% of the projected balance which is right in line as well at almost $218,000. If you have any questions, I would be happy to address them. Dir. of Law: No report this evening. Economic Developer: I sent Council a copy of an article in the Record Courier on Kent Displays. They received another grant of $722,000 and they continue to grow and continue to do a lot of business internationally and with school districts across the country. We had a ribbon cutting for a Grand Opening at the Portage Cyclery. It is a relocation. The company closed in Ravenna and moved their business near the Hike and Bike here in Tallmadge. 2  REGULAR MEETING in Council Chambers @ 7:00 p.m. September 10, 15 Sammie’s received an award at the Hamburger Festival in Akron. Actually a 1 st and 2nd place and so we are proud to have Sammie’s here. Bob’s Big Boy update; they should be receiving a building permit soon. The architect for the bank is taking a little longer than anticipated to get Summit County to answer some questions. In the JEDD; Chipotle expects to be open by the end of the year at the Cascades and there is a new bread bakery company that will be open by the end of the year in our portion of the JEDD on Route 43 and there is a new spec commercial building being built by Wish Development on Route 18. I will take any questions. Mr. Sisak: I just have a comment. I haven’t seen so many students smile so widely as with your announcement of Chipotle. 10. Ordinance 58-2015 At 2nd Reading. FINANCE Amending and supplementing Ordinance 87-2014 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Pres. of Council: Ord. 58-2015 is at 2nd Reading and will remain before the Finance Committee. 11. Ordinance 59-2015 At 2nd Reading. PLANNING & ZONING Accepting the dedication of utility right-of- way within the Eastwood Glen No. 2 Planned Residential Single-Family Devel- opment for public purposes; setting per- formance and maintenance guarantees therefore, and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 59-2015. Seconded Mrs. Kilway. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 59-2015 is adopted by a vote of 6-0. 12. Ordinance 60-2015 At 2nd 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. Mr. Sisak moved for the adoption of Ord. 60-2015. Seconded Mr. Stalnaker. Roll Call: Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mr. Rensel – unanimous. Ord. 60-2015 is adopted by a vote of 6-0. 13. Ordinance 61-2015 At 1st Reading. PLANNING & ZONING Amending Ord. 61-2014, Ord. 106-2012, Ord. 26-1981, Ord. 113-1986, and Ord. 33- 2000 to permit a revised site plan at Stone Creek Allotment No. 1 Parcels A & B and Lot Number 11 of Stone Creek Allotment No. 3. Pres. of Council: Ord. 61-2015 is at 1st Reading and is assigned to the Planning & Zoning Committee and I will set a public hearing for October 8th at 7:03 p.m. 14. Ordinance 62-2015 At 1st Reading. FINANCE Authorizing the Mayor to apply for funding from the 2016 Community Development Block Grant (CDBG) Program year and to enter into a contract for the same and pro- viding for immediate enactment. Pres. of Council: Ord. 62-2015 is at 1st Reading and is assigned to the Finance Committee. 3  REGULAR MEETING in Council Chambers @ 7:00 p.m. September 10, 15 15. Ordinance 63-2015 At 1st Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate to applicant Plumbers and Pipefitters Local Union 219 on behalf of owner Lyn Kae Corporation for use as offices and educational institution for Local Union 219 offices, union hall and appren- tice training at 1655 Brittain Road. Pres. of Council: Ord. 63-2015 is at 1st Reading and is assigned to the Planning & Zoning Committee. 16. Ordinance 64-2015 At 1st Reading. FINANCE Amending and supplementing Chapter 181 by adding Chapter 182 of the codified ordi- nances of the City of Tallmadge regarding municipal income tax and providing for immediate enactment. Pres. of Council: Ord. 64-2015 is at 1st Reading and is assigned to the Finance Committee. 16.A. Ordinance 65-2015 At 1st Reading. FINANCE Supporting the submittal of a grant applica- tion to the Local Government Innovation Fund by the City of Tallmadge as the lead agency in partnership with the Tallmadge School District, Brimfield Township and Summit County Developmental Disabilities Board in order to fund a feasibility study to examine cost saving opportunities from fleet vehicle alternative fuel use and pro- viding for immediate enactment. Mayor: For your consideration tonight; this is the Local Government Fund that Clean Ohio Fuel presented us . . . actually through an intern that we had a year ago, Matt Shomo; I think a lot of you guys know Matt Shomo and he is now working for them and they are willing to come up and write a grant. We have a fuel station down at 210 Osceola and these entities use our fueling station. Brimfield does not at this time, but we are looking at all of those. It is a $50,000 grant. There is no guarantee we are going to get it. What this does is allow us to apply for that grant and if we receive it, then we will do surveys on all of our vehicles, and all of the agencies vehicles to see what we can do to make more efficient vehicles, alternative fuels, or as you buy vehicles; do you purchase a different style to make it more cost effective utilizing clean fuel. So that is what this grant allows us to do. If we adopt this now, then we can get into the September line and if not, then we have to wait until January 1st to go into the next set of monies. But there is money available per the Governor’s Office and they are looking for agencies to do this. It is multi- jurisdictional; it is a great thing for us to get involved in. Mr. Rensel: Mr. Mayor; who will actually do the study? Will it be somebody from Columbus or will it be our own personnel? Mayor: It is the Clean Ohio folks that will be running that for us but all agencies will have a representative and so we will be jointly meeting on it. We have to provide all of our current vehicles and how much fuel they use and what style of fuel, the age of the vehicles and so it is a joint thing and someone has to be the lead agent. Just like we did with the other LGIF Grant for communications. Summit County was the lead on that. We were signatory even though we started it all and so Tallmadge is the lead and it will all come through here, but all the agencies will be a part of it. Mr. Rensel: That’s fine, but why do we need to have a grant from the government to come in and run the study? You would think that the funding would come out of Columbus. Mayor: The $50,000 does. We don’t’ spend any . . . Mr. Rensel: You don’t touch it; you won’t see it? Mayor: No, our participation is 5% of whatever it is and that can be done on in kind contributions called labor for us to do all of the leg work. We are not asking for any new appropriation at all. It is all applying for the $50,000 . . . up to $50,000. It may not be $50,000. That is the max that they will give out for the grant. Mr. Rensel: Do they have a time period for this? Mayor: It will be done within a year. Then the results of this will then give you further recommendations of what to do and then I will have to come back to Council if they say that we need to change fuels or change our pumping station or change this or that. There are other grants that we can apply for, but this is strictly setting what we can do to save on fuel. 4  REGULAR MEETING in Council Chambers @ 7:00 p.m. September 10, 15 Mrs. Kilway: Yes, just to clarify then, this would be all of the City-owned vehicles within the City of Tallmadge and all of the vehicles owned by the School District; the busses and everything? Mayor: Correct. Mrs. Kilway: Plus Brimfield and Summit County Developmental Disabilities all of their vehicles would be part of this; correct? Mayor: Correct. Mrs. Kilway: I move to adopt Ord. 65-2015. Seconded Mr. Sisak. Roll Call: Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak – unanimous. Ord. 65-2015 is adopted by a vote of 6-0. 16.B. Ordinance 66-2015 At 1st Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to apply for Summit County Land Bank Discretionary Grant Funds for the demolition of the structures located at 150 Tallmadge Circle, 360 West Avenue, 240 Southwest Avenue and enter into an agreement with the Summit County Land Reutilization Corporation to demolish those structures and providing for imme- diate enactment. Mayor: This is also a grant application only. There is no guarantee that we will get this grant, but we were told there is still money available through the land bank. The address at 150 Tallmadge Circle is the Ten-Minute Lube. 360 West Avenue is the Martin Wheel building that they purchased for the old Barber building and then 240 Southwest Avenue is Tod Jordan’s building on the right hand side; the old warehouse building that goes back. It is a matching grant and the business owners will match the grant if it is received and so we are not paying anything for West Avenue nor Southwest Avenue. The only thing that is our building, which we have to match, is the Tallmadge Circle one. So if we receive funds for West Avenue then the owner of that property would have to match that grant. They are both willing to match the grant if the grant comes in under the Land Bank Program. So, again, this is only an application. Those are due coming up here in the next month or so. Mr. Rensel: Mr. Mayor, can I get clarification on who owns the Lube right now? Mayor: The City of Tallmadge. Mr. Rensel: They City of Tallmadge does own it? Do we have the deed? Mayor: Yes. Mr. Rensel: They are continuing to operate until . . . Mayor: They have a six-month lease and then they go month to month. Mrs. Kilway moved for the adoption of Ord. 66-2015. Seconded Mr. Sisak. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 66-2015 is adopted by a vote of 6-0. 16.C. Ordinance 67-2015 At 1st Reading. COMMUNITY ISSUES/SAFETY Accepting a donation to the City of ten (10) hand-made bat boxes for installation from Skylar Scott of Girl Scouts of North East Ohio (GSNEO) Troop 90628 and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 67-2015. Seconded Mr. Stalnaker. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Rensel, Ms. Sisak, Mr. Stalnaker, Ms. Tricaso – unanimous. Ord. 67-2015 is adopted by a vote of 6-0. 17. Resolution 9-2015 At 1st Reading. Extending the sympathy of the Council and the Administration to Billie Jo Haas and members of her family in the death of Cato Smith and providing for immediate enact- ment. Mr. Rensel moved for the adoption of Res. 9-2015. Seconded Mrs. Kilway. Voice vote 6-0. Mayor: Just for Council’s information; she works up at the Police Department as a Clerk. Mr. Stalnaker: Some of you have probably read about Mr. Smith or “Smitty.” He was 100 years old and he operated a grocery store and he was there two days before he was operated on and he died on the operating table. Now, his grocery store is on Ira Avenue and probably some of you don’t know where Ira is, but you don’t want to go on Ira Avenue, but you can go down Main Street and when it loops up to become High Street, Ira Avenue goes around the corner. There are bars on the windows and everything. He and his wife who is 90 operated this grocery store and sold southern foods. Up until about two years ago, the two of them would drive down to Alabama and Georgia and pick up these foods and of course the black people loved the southern food and here about a year or two ago, 5  REGULAR MEETING in Council Chambers @ 7:00 p.m. September 10, 15 Mr. Stalnaker (Cont’d.) the store was broken into one night and so Smitty goes down and sits there all night long with a rifle daring somebody to come in the front door. During calling hours I was so impressed with number of black people coming in and really talking to his widow. It was impressive and he was really a man’s man. I never met him, but I know Janelle Pakan, the daughter, I heard stories from her of how they would try to curtail him from doing anything and you didn’t curtail him from doing anything! He was a great guy. Thank you. Res. 9-2015 is adopted by a vote of 6-0. 18. ADDITIONAL ITEMS: None. 19. ADJOURNMENT: Mr. Rensel moved to adjourn. Seconded Mrs. Kilway. The Regular Council meeting of 9-10-15 adjourned at 7:30 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 6