Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:00 p.m. February 11, 16 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, February 11, 2016 to order at 7:00 p.m. 2. PRAYER: Rev. Steve Salyers, Southeast Nazarene Church, Tallmadge. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – present. Also present were Mayor Kline, Dir. of Finance Gilbride, Dir. of Pub. Service Esler, Dir. of Law Raber, and Clerk of Council Burton. 4. MINUTES: 1-28-16 Regular Council meeting minutes. Mrs. Ray moved to approve the 1-28-16 Regular Council meeting minutes. Seconded Mr. Sisak. Voice vote 7-0. The 1-28-16 Regular Council meeting minutes were approved by a vote of 7-0. FINANCIAL REPORTS:  Fire Transfer in the amount of $150,000 to Council on 1-29-16.  SMR Transfer in the amount of $200,000 to Council on 1-29-16.  Fire/EMS Capital Fund Transfer in the amount of $40,000 to Council on 1-29-16.  Police Pension Transfer in the amount of $50,000 to Council on 1-29-16.  Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 1-31-16 to Council on 2-8-16.  Tallmadge Recreation Center Profit and Loss Report for the period ending 1-31-16 to Council on 2-8-16.  Income Tax Comparisons for the period ending 1-31-16 to Council on 2-8-16.  Revenue Comparisons for the period ending 1-31-16 to Council on 2-8-16.  January Financial Reports to Council on 2-8-16. Mrs. Ray moved to accept the Financial Reports submitted by Dir. of Finance Gilbride. Seconded Mr. Sisak. Voice vote 7-0. The Financial Reports submitted by Dir. of Finance Gilbride were accepted by a vote of 7-0. 5. PUBLIC HEARINGS: Ordinance 24-2016 At 3rd Reading. PERSONNEL Authorizing and directing the Tallmadge P.H. ON 2-11-16 @ 7:03 P.M. Civil Service Commission to adopt rules and regulations that differ from those pro- vided by general law for the hiring of Police Patrol Officers. Pres. of Council: Should we read it in first? Dir. of Law: You can read it in and then call the public hearing open and state the time. Pres. of Council: It is now 7:03 p.m. and I will call the public hearing for Ord. 24-2016 to order. Is there anybody who would like to speak in favor of Ord. 24-2016, please come to the podium and state your name and address for the record. Is there anybody who would like to speak against the ordinance; you may come the podium; same information. Second time; is there anybody who would like to speak in favor of Ord. 24-2016? No one came to the podium. Is there anybody who would like to speak against Ord. 24-2016? No one came to the podium. Third and final time; is there anybody who would like to speak in favor of or against Ord. 24-2016? No one came to the podium. It is now 7:04 p.m. and I will call the public hearing for Ord. 24-2016 closed and I will turn the meeting over to the Personnel Committee; Mrs. Kilway. Mrs. Kilway: Thank you Mr. Donovan. I would like to open the Personnel Committee; myself, Mr. Stalnaker and Ms. Tricaso are all present. Is there anything additional that needs to be discussed about this ordinance? No one responded. Does the Administration have anything additional? Mayor: Yes, just a follow-up from last Monday. I thank Council and thank the Chairman of the Civil Service Commission; Mr. Naso, and the Police Chief and especially the Law Director for helping work on this ordinance. I think this is just one tool in our toolbox to let us streamline the hiring practices within the Police Department. I think this will be a good move for us and it will be good for the department. So, I would ask for your consideration to adopt this. Mrs. Kilway: Thank you. Committee; what say you? Ms. Tricaso: I would adopt. Mr. Stalnaker: Move for adoption. Mrs. Kilway. OK, we would like to move to adopt Ord. 24-2016 at 3rd Reading. Dir. of Law: Point of order; are you clarifying that you are recommending adoption 3-0? Mrs. Kilway: Recommending adoption; I’m sorry. Ms. Tricaso: Second. Mrs. Kilway: OK. I will close the committee. Mr. Donovan, I would like to approve Ord. 24-2016. Seconded Mr. Stalnaker. Pres. of Council: We have a motion and a second to adopt Ord. 24-2016. Is there any further discussion? No one responded. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 24-2016 is adopted by a vote of 7-0.  REGULAR MEETING in Council Chambers @ 7:00 p.m. February 11, 16 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. No one responded. 6.A. ANNOUNCEMENTS: There will be a Board of Control meeting along with an Investment Board meeting following the Council 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 brief. I have been working with the City of Akron on a waterline up on Colony Park to take that over. The waterline . . . the customers are in Tallmadge, but the water is served by Akron. We are cross-connected now and so we can probably give them; we will be able to give them better water pressure and so we are working with the City of Akron on that. We are continuing to work with the City of Akron on our sewer; combined sewer bill and so that work is continuing with the help of the Law Department and multiple other people on that. On the Economic Development side; we are working with a potential buyer on the building behind S.D. Meyers. That is a vacant building there halfway up the hill. It is 128 South Avenue. It looks like that is a good potential there. Also, down on Osceola there is another vacant building that someone would like to move into that and that will have to go through Planning & Zoning and some different things to get that working? I met with Waltco Trucking on the safety issues of crossing tow motors across Northeast Avenue. We have contacted URS, AEOCOM to look at some of their requests that they are looking at from signage to the Hawk System which is that signalization down on Brittain Road; the crossing of the hike and bike trail. We are looking at possible stuff on that. So, it is encouraging that they want to do something more over there and so I am pretty excited about that. I am also working on a developer for the Grotto site down on Northwest Avenue and so that is becoming very popular down there also. Tonight, I would ask for your consideration for Item 10, Ord. 16-2016; that is the Union contract for both Teamsters and both Police. I am not ready for the Fire Department one yet. Hot off the press, Gene, West Avenue; this is some little design that we just got sent to us tonight around 5:00 p.m. and as you can see Sperry Rd. there; that is in front of 111 West Avenue which is the lot that the CIC has that will be a new developer; Dr. Schmeizer and that starts to taper right there going down into the Circle with a center turn lane single lane and so that converts everybody over. We just got it and I just thought I would share it with you and this is something that we are looking at and we will work with the engineering company to see if that would really work; the striping on the roadway to funnel those folks off going to the Circle. You want to turn left to go into the bank or into Mr. Thompson‘s property there or the 10-Mintue Lube site which will be the City of Tallmadge area there; you can do that at that point. It might stop the road rage from people trying to come up all the way to the end and scoot over into that lane going towards the Circle. Just a little update on that. End of report. Mr. Sisak: Mayor, is there any progress or applicants for the Director of Economic Development? Mayor: We started our interviews today. We had two interviews; really good interviews today. I have four next week and two the following week and the applications are still coming in. The deadline for accepting; the posted deadline was on the 15th. Mr. Sisak: OK; excellent. Mayor: There are some pretty good applicants that are coming through. Mr. Sisak: Second question; the work on the Circle today; is that all with the North Avenue Project? Mayor: No, that was actually the project on the Circle; Sutton Bank is putting the new gas line over to that bank or to the complex at Bob’s Big Boy site. Mr. Sisak: It didn’t have gas previously? Mayor: Yeah, they are running new. Mr. Sisak: Oh, they are just running new just to upgrade. OK. Mayor: And part of this also, so all of the yellow pipe on the ground . . . I was talking to Joe Viscomi this afternoon; the contractor building that and they were putting in a gas line for them also. Mr. Sisak: Great. Thank you. Pres. of Council: Is there anything else? No one responded. 2  REGULAR MEETING in Council Chambers @ 7:00 p.m. February 11, 16 Dir. of Pub. Service: Thank you. We had the bid opening for the contract for the North Avenue Project and Liberta Construction Company, Inc. was the lowest bidder at $5,516,574.30. We will be taking that to Board of Control after this meeting and then they will be subject to pre-construction meetings and the award and also we will have to verify some other things like insurance and stuff on them. You have before you tonight an ordinance for DLZ, Ohio Incorporated; they are the company that we are hoping to use to do the inspection services and construction administration for that project and the cost for that is $234,036. We have purchased all of the equipment to install the traffic signal at Northeast Avenue and Kent Drive. We will be doing that shortly. That should help with . . . I’m sure we are going to have some increased flow on that street and so that should help with that. So far to date for this season, we have used about 1,400 tons of salt and that is about a third of what we used last year so we are in pretty good shape. First Energy stopped in and they are going to start clearing under the high tension lines and so if you get any calls about that they are supposed to be contacting all of the residents that are going to be affected that have those lines on their property. They will be doing tree trimming, brush clearing and things like that. End of report. Mr. Rensel: Mr. Esler; they will be notifying the residents before? Dir. of Pub. Service: Yeah; that’s correct. They are already in the process of notifying them. Mr. Rensel: Because the last time we had residents complaining because they just came onto their property and said they weren’t notified. Dir. of Pub. Service: This is actually a different company. They stopped in the office the other day and they are actually going door to door and leaving letters and things. They were in the Mayor’s allotment the other day. It is just for the high tension lines. Mr. Rensel: Before I relinquish the floor; just one other quick question and I talked to the Mayor earlier . . . the project on North Avenue is going to use standard asphalt; it is not going to use the high polymer blend that was used out here on West Avenue to extend the life of the highway? Dir. of Pub. Service: That is correct. That is what was approved by ODOT was just the standard 404. Mr. Rensel: Is that what we want or wanted? Dir. of Pub. Service: Well, we haven’t seen . . . we can’t tell the results of this paving quite yet. It has only been down for less than a year and so before we would go to that all the time; it is lot more expensive and we want to make sure that it is going to hold up and do the things that they say it is going to do. Mr. Rensel: Thank you Mr. Esler. Mrs. Ray: So, Mr. Esler; just a point of clarification; did you want 1st Reading adoption on Ord. 29-2016? The DLZ, Ohio? I just wasn’t sure if you were asking Council to consider adoption. Mayor: Sure. Dir. of Pub. Service: Sure. Mrs. Ray: OK; thank you. Dir. of Finance: We have completed the first month of the year. Everybody received their financial reports. There was nothing unusual or unexpected; no big surprises. As I am sure many of you read in the paper this weekend; I did hire an Assistant Finance Director; Carissa Burns. I am really happy and pleased with the candidates that I was able to choose from and I think that is going to work out great. She starts February 22 nd and I am counting down the days. We also are starting the process of issuing the note to pay for the North Avenue Project and so that is at 1st Reading tonight and we will give that a full three readings, but I did just want to let everybody know that that process is starting. Then we can discuss that at the next meeting and then also this week my office has been preparing in anticipation of the Police and Teamsters contracts passing this evening that we are then able to do the pay increases for both of those unions and all the non-bargaining employees in next Friday’s pay check and so we have been in preparation and so we can pass that on to our employees as soon as possible. End of report. Mrs. Ray: So, is that retroactive to the first of the year then; the pay increase? Dir. of Finance: Yes. Mrs. Ray: OK. Thank you. Dir. of Law: Thank you. I think I mentioned before, but I just want to make sure you all save the date for the Tallmadge Community Forum. We are going to be co-hosting with the Tallmadge City School District and that will be April 27 th; it’s a Wednesday at 7:00 p.m. and then a few days later on Saturday, April 30th we will be doing another drug take-back drive in cooperation with the Tallmadge Police Department. It was very well received before and again in conjunction with that forum; I think it will be good that those two things go hand in hand. So, make sure you are all able to come if at all possible. Thanks. 3  REGULAR MEETING in Council Chambers @ 7:00 p.m. February 11, 16 Pres. of Council: Was our Economic Development included in yours Dave? Mayor: Yes 10. Ordinance 16-2016 At 3rd Reading. PERSONNEL Authorizing the Mayor to enter into an agreement with the International Brother- hood of Teamsters, Local 436, and pro- viding for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 16-2016. Seconded Ms. Tricaso. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 16-2016 is adopted by a vote of 7-0. 11. Ordinance 17-2016 At 3rd Reading. PERSONNEL Authorizing the Mayor to enter into an agreement with the Fraternal Order of Police (F.O.P.) consisting of Tallmadge Police Patrol Officers and providing for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 17-2016. Seconded Ms. Tricaso. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 17- 2016 is adopted by a vote of 7-0. 12. Ordinance 18-2016 At 3rd Reading. PERSONNEL Authorizing the Mayor to enter into an agreement with the Fraternal Order of Police (F.O.P.) consisting of Tallmadge Police Sergeants and Tallmadge Police Lieutenants and providing for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 18-2016. Seconded Ms. Tricaso. Roll Call: Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 18- 2016 is adopted by a vote of 7-0. 13. Ordinance 19-2016 At 3rd Reading. PERSONNEL Authorizing the Mayor to enter into an agreement with the International Associa- tion of Firefighters, Local 2764 and providing for immediate enactment. Pres. of Council: Ord. 19-2016 is at 3rd Reading and will remain before the Personnel Committee. 14. Ordinance 22-2016 At 3rd Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate to applicant David Pelligra & Architects, Inc. on behalf of property owner Faith Bible Fellowship for a religious place of worship on a 2.507 acre site at 126 West Overdale Drive. Mr. Sisak moved to amend Ord. 22-2016. Seconded Mrs. Kilway. Roll Call: Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 22-2016 is amended by a vote of 7-0 and will remain before the Planning & Zoning Committee. Mayor: Just for the record, what we did tonight; they amended it and so it goes back to 2 nd Reading and it has to have three readings like we talked about before and so the next time they can look at this is in two weeks and I don’t have the calendar in front of me . . . and so on the 22nd they will talk about it and then on the 25th it will be back up for 3rd Reading. Thanks for coming down tonight. 15. Ordinance 23-2016 At 3rd Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate for special nonresidential development to applicant Pavlak Enter- prises Incorporated on behalf of owner Mary Kathryn Markle for operating a car wash located at Parcel No. 6010144 on . Southeast Avenue. Pres. of Council: Ord. 23-2016 is at 3rd Reading and will remain before the Planning & Zoning Committee. 4  REGULAR MEETING in Council Chambers @ 7:00 p.m. February 11, 16 16. Ordinance 26-2016 At 2nd Reading. FINANCE Authorizing the Mayor to enter into the necessary contracts for the purchase of a 2-1/2 ton truck through the State Purchas- ing Program and the ODOT Cooperative Purchasing Program, or local preference as allowed by ordinance and providing for immediate enactment. Pres. of Council: Ord. 26-2016 is at 2nd Reading and will remain before the Finance Committee. Mr. Rensel: I have a question on that. This is for the Finance Director; this is coming out of two capital outlay funds; Sewer and Water, or I mean Storm Water? Dir. of Finance: Yes. Mr. Rensel: I thought . . . Dir. of Pub. Service: No, it is Sanitary. Dir. of Finance: No, Sanitary Sewer. Mr. Rensel: But the point being is that it is two separate funds. I thought we had talked at one point where we were audited and they said they didn’t want it being split; the funds for capital outlay being split among departments; it should come from one or the other? Dir. of Finance: I’m not aware of that ever being an issue. We have been doing that when we purchase equipment that is dual use for Water and Sewer for a long time and the auditors have not made any exception to it in my time here. Mr. Rensel: So, you are OK with it? Dir. of Finance: Yes. Mr. Rensel: That was my question; thank you. 17. Ordinance 27-2016 At 2nd Reading. PUBLIC SERVICE Accepting the dedication of streets within the Woodridge Place subdivision for public purposes; setting performance and main- tenance guarantees therefore and providing for immediate enactment. Pres. of Council: Ord. 27-2016 is at 2nd Reading and will remain before the Public Service Committee. Mr. Rensel: Mr. President, I had a chance to read these ordinances today and so this is for the Law Director; the way the ordinance reads; everything is conditional; conditional upon, conditional upon . . .. Dir. of Law: That is standard. That is standard for all of the maintenance for all the bonds and . . . it absolutely is. If you go back through all of our other similar ordinances; that is how it is all written. Because you have to have that it is conditioned that they post the bond; I mean they don’t do all of that until it is actually approved by Council and so you can’t . . . they don’t do all of those things ahead of actually having the dedication of the streets and so that is why there are conditions. Mr. Rensel: What happens if they don’t do one or two or three of the items that . . .? Dir. of Pub. Service: They will not be able to record that until they do. We hold the Mylar for them to record. We have to get the signatures on it. They will not be able to do that until they take care of all of these items. Mr. Rensel: Very similar to what we had up on Eastwood then some time ago? It was held and held because they weren’t able to complete all the different issues. Mayor: Every allotment is like that. Mr. Rensel: Yeah, yeah. Dir. of Law: This is standard language because they have to meet all of the . . . Mr. Rensel: I am just going crazy with all the conditionals and I thought that seemed strange. 18. Ordinance 28-2016 At 1st Reading. PUBLIC SERVICE Authorizing the Ohio Director of Transport- tation to resurface State Route 261 from 17.09 to 18.41 in the City of Tallmadge and providing for immediate enactment. Pres. of Council: Ord. 28-2016 is at 1st Reading and is assigned to the Public Service Committee. 19. Ordinance 29-2016 At 1st Reading. FINANCE Authorizing the Mayor to enter into a con- tract with DLZ Ohio, Inc. for construction management services for the North Avenue Project (PID 93444) and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 29-2016 at 1st Reading. Seconded Mr. Sisak. 5  REGULAR MEETING in Council Chambers @ 7:00 p.m. February 11, 16 Mr. Rensel: Yes, thank you. The only question I have on this ordinance is overruns. You know with all of these projects we have had some underruns, but we have also had overruns. There are no provisions for this contract with DLZ for any overruns that would be incurred? Dir. of Pub. Service: Well, like any contract, there would be change orders; there could be but what we do is . . . Mr. Rensel: So, City Council is approving the money as stated which is fine. Dir. of Pub. Service: We would have to come back if it would exceed this amount; we would have to come back. Mr. Rensel: You are going to come back to City Council for the overrun? Dir. of Pub. Service: That is correct and we would have to go back . . . Mayor: In excess of 10%. We have the right to go up to 10% with a change order, but this is an ODOT job that has to be certified through the State of Ohio. DLZ are the inspection service of the project and they were the same inspection firm that we used for the Roundabout who did an excellent job for us. They have to be ODOT certified to be able to do this and they provide the best service out of . . . I don’t know how many people you interviewed, but a lot of folks that we interviewed for the project . . . but anything over 10% they have to come back to you. Mr. Rensel: Thank you. Thank you Mr. President. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 29-2016 is adopted by a vote of 7-0. 20. Ordinance 30-2016 At 1st Reading. PLANNING & ZONING Authorizing the creation and acceptance of a mutual easement for access between the City of Tallmadge and the Town Center owners for adjacent properties including 53 Northeast Avenue and providing for imme- diate enactment. Pres. of Council: Ord. 30-2016 is at 1st Reading and is assigned to the Planning & Zoning Committee. 21. Ordinance 31-2016 At 1st Reading. FINANCE An ordinance providing for the issuance and sale of notes in the maximum principal amount of $1,500,000, in anticipation of the issuance of bonds, for the purpose of re- constructing North Avenue from Tallmadge Circle to Heritage Drive, in cooperation with the Ohio Department of Transportation, in- cluding constructing storm water manage- ment facilities, improving intersections, acquiring real estate and interests in real estate and constructing and installing all related improvements, and providing for immediate enactment. Pres. of Council: Ord. 31-2016 is at 1st Reading and is assigned to the Finance Committee. 22. ADDITIONAL ITEMS: None. 23. ADJOURNMENT: Mr. Rensel moved to adjourn. Seconded Mrs. Kilway. Voice vote 7-0. The Regular Council meeting adjourned at 7:31 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 6