Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:00 p.m. September 8, 16 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, September 8, 2016 to order at 7:00 p.m. 2. PRAYER: Deacon Henderson, SPAN Ministries, 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, Economic Developer Weinberg, Dir. of Pub. Service Esler, Dir. of Finance Gilbride, Dir. of Law Raber and Clerk of Council Burton. 4. MINUTES: 8-25-16 Regular Council meeting minutes. Mrs. Ray moved to approve the 8-25-16 Regular Council Meeting minutes. Seconded Mr. Sisak. Voice vote 7-0. The 8-25-16 Regular Council meeting minutes were approved by a vote of 7-0. FINANCIAL REPORTS:  Police Pension Transfer in the amount of $25,000 to Council on 8-31-16.  Bond Retirement Transfer in the amount of $150,000 to Council on 8-31-16.  SMR Transfer in the amount of $150,000 to Council on 7-28-16.  Fire Transfer in the amount of $170,000 to Council on 8-31-16.  Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 8-31-16 to Council on 9-1-16.  Tallmadge Recreation Center Profit and Loss Report for the period ending 8-31-16 to Council on 9-7-16.  Income Tax Comparisons for the period ending 8-31-16 to Council on 9-7-16.  Revenue Comparisons for the period ending 8-31-16 to Council on 9-7-16.  August Financial Reports to Council on 9-7-16. Mrs. Ray moved to accept the Financial Reports submitted by Dir. of Finance Gilbride. Seconded Mrs. Kilway. Voice vote 7-0. The Financial Reports submitted by Dir. of Finance Gilbride were accepted by a vote of 7-0. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: Welcome to the students who are here this evening. It’s nice to see you. 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. Nobody is pushing and shoving for the microphone! 6.A. ANNOUNCEMENTS: None. 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: Yes, thank you Mr. Chairman. I am happy to announce that I attended an informational meeting from Danbury today. They rented the Community Center. There were about 75 residents; quite a few from Tallmadge that were there in attendance. I call it their “dog and pony show” that they put on was very informative. They have about four weeks and the building will be complete. They are going for their license in a couple of weeks and by the beginning of November they hope to be moving people into the place. So, there will be more to come and I am sure we will have ribbon cutting and stuff like that and Mr. Lemmon spoke to the crowd and then he also spoke to me about the Ripley Farm and he is on track with that and he is still on track with Maplecrest Golf Course. I know I didn’t have a chance to talk to Rita about that yet, but it was this afternoon and it was a pretty nice meeting. Item 19 is a 1st Reading and it is about a vehicle to amend the serial number if Council would consider that. It is Ord. 71-2016. End of report. Dir. of Pub. Service: Yes, thank you. I am happy to report on the progress on North Avenue. The curb on the west side is complete and they are putting in the approaches. Northstar is the subcontractor for the paving and they did about 70% of the west side today. They are supposed to pave today, tomorrow and Saturday, but it looks like . . . if the weather is good they may finish up tomorrow. Then next week they are going to start milling the other portion and follow that with an intermediate course of asphalt and they will move people over and then start working on the other side. So we are still confident that we are going to have finished asphalt before the snow flies. The section of roadway that connects the two sections of Jennifer Trail is complete and we will be bringing legislation to you to accept the roadways and utilities in that portion and the maintenance bonds for that. We had bids for temporary labor for the leaf collection season. We had two bidders; and Primetime Personnel was the low bidder at $10.30 per hour and we usually spend around $46,000 in temporary labor for that project. End of report.  REGULAR MEETING in Council Chambers @ 7:00 p.m. September 8, 16 Dir. of Finance: Thank you. I did send an e-mail out to Council at the beginning of August I think or actually right after the last meeting that we had regarding informing you that R.I.T.A. is sending out delinquency letters. We will be doing a subpoena program this year and so anybody who does not respond to the letters that they receive from R.I.T.A. and catch up on their income tax filings will receive a subpoena from the Regional Income Tax Agency to appear here at City Hall to get their taxes filed and so we will be participating in that program. We haven’t done that since I believe 2012 was the last year that we did that. We don’t do it every year, but it is best practice to do it every other year or every couple years to encourage people who may want to ignore the letters to give them a little stronger hand to get their income taxes filed. End of report. Mrs. Ray: Mrs. Gilbride, is there a threshold, a dollar threshold for those subpoenas? Dir. of Finance: Actually no because the subpoenas are for non-filing and so it is not actually non . . . these are not payment and so there is no dollar threshold because they didn’t file; we don’t know the dollar thresholds. Mrs. Ray: Oh, OK. Dir. of Finance: So, that’s sometimes is what upsets people because they say that they don’t owe us anything, but I have to remind them that we don’t know that unless you file your taxes. Mrs. Ray: OK. Thanks for the clarification. Ms. Tricaso: Do you know how many people have not filed? Dir. of Finance: I believe there were about 2,000 letters sent out and that covers several years and so it could be one person has one year that is delinquent and that would include from their 2015 taxes which were just due in April of this year all the way back to 2008 because we have a seven-year statute of limitations on collections. Mr. Sisak: Was there any expense to the City for this program? Dir. of Finance: There is not for the letters. There is an $8 charge per subpoena that R.I.T.A. charges us. The last time we did that the collections that we ended up with, and I don’t have the exact numbers in front of me, but the collections that we ended up receiving as a result of getting delinquent returns filed well exceeded the cost that we bore and actually the first time around; the first time we did it with them, I think we sent out over 4,000 letters and it was a much larger program because it was the first time we had really done something like that. Dir. of Law: No report. Thank you. Economic Developer: Thank you. Next Thursday at 5:00 p.m. there is going to be a ribbon cutting at Hovnanian Homes at the Woodridge model will have a ribbon cutting and then on Friday the 16th, Ohio Health Benefits will be doing their groundbreaking at 125 West Avenue and that is at 4:30 p.m. End of report. 10. Ordinance 59-2016 At 3rd Reading. PLANNING & ZONING Amending Ordinance 40-2016 approving and granting a conditional zoning certificate for special nonresidential development to applicant LTC Tallmadge, LLC on behalf of owner Yusef Khan Grotto 169 for operating a skilled nursing/convalescent care facility located at 619 Northwest Avenue. Mr. Sisak moved for the adoption of Ord. 58-2016. Seconded Mrs. Ray. Pres. of Council: I would just like to add good luck and I hope this time it all works out for you. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 59-2016 is adopted by a vote of 7-0. 11. Ordinance 61-2016 At 2nd Reading. FINANCE Authorizing the Director of Public Service to expend from the Water Infrastructure Funds for emergency repairs to a portion of North- east Avenue waterline and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 61-2016. Seconded Mr. Sisak. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 61-2016 is adopted by a vote of 7-0. 12. Ordinance 63-2016 At 2nd Reading. PLANNING & ZONING. Extending the Performance and Mainte- nance Guarantees for landscaping within Eastpointe Phase One Planned Residential Development and providing for immediate . enactment. Pres. of Council: Ord. 63-2016 is at 2nd Reading and will remain before the Planning & Zoning Committee. 2  REGULAR MEETING in Council Chambers @ 7:00 p.m. September 8, 16 13. Ordinance 64-2016 At 2nd Reading. FINANCE Appropriating additional amounts for the upgrade and replacement of the Police Department Tasers and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 64-2016. Seconded Mr. Sisak. Roll Call: Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 64-2016 is adopted by a vote of 7-0. 14. Ordinance 65-2016 At 2nd Reading. FINANCE Appropriating additional amounts for Dispatch services and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 65-2016. Seconded Mr. Sisak. Roll Call: Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 65-2016 is adopted by a vote of 7-0. 15. Ordinance 66-2016 At 2nd Reading. COMMUNITY ISSUES/SAFETY Authorizing the Mayor to enter into a Memorandum of Understanding to amend an agreement with the City of Macedonia for use of the Macedonia City Jail facility and providing for immediate enactment. Pres. of Council: Ord. 66-2016 is at 2nd Reading and will remain before the Community Issues/Safety Committee. 16. Ordinance 67-2016 At 2nd Reading. FINANCE Amending and supplementing Ord. 47-2016 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Pres. of Council: Ord. 67-2016 is at 2nd Reading and will remain before the Finance Committee. Mrs. Ray: May I ask one question concerning this at 2 nd Reading because Mr. Esler was not present at Monday’s meeting. By leaving this and giving it another reading; we won’t be impacting any sign- ups for any of the fall classes or fall programs that there might be an increase in the fees or a decrease in the fees? Dir. of Pub. Service: No. We are fine. Mrs. Ray: Alright then; thank you. 17. Ordinance 68-2016 At 2nd Reading. FINANCE Appropriating additional amounts for the City of Tallmadge phone system and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 68-2016. Seconded Mrs. Kilway. Roll Call: Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 68-2016 is adopted by a vote of 7-0. 18. Ordinance 70-2016 At 2nd Reading. COMMUNITY ISSUES/SAFETY Imposing a six-month moratorium on P.H. ON 9-22-16 @ 7:03 P.M. granting zoning certificates for any building structure, use or change of use that would enable the cultivation, processing, or retail sale of medical marijuana and providing for immediate enactment. Pres. of Council: Ord. 70-2016 is at 2nd Reading and will remain before the Community Issues/Safety Committee and there is a public hearing set for 9-22-16 @ 7:03 p.m. 19. Ordinance 71-2016 At 1st Reading. FINANCE Amending Ord. 62-2016 declaring certain City-owned vehicles to be excess and authorizing the Director of Public Service to sell such equipment at public sale or trade- in and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 71-2016. Seconded Mr. Sisak. 3 Mayor: Mr. Chairman, just for Council’s information, if you look at the board there, the 2005 Ford Taurus is a different serial number than what we had adopted before. We are trading that in on the new Police cruiser. Mrs. Ray: Thank you for the clarification Mr. Kline. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 71-2016 is adopted by a vote of 7-0. 20. Ordinance 72-2016 At 1st Reading. FINANCE 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. Pres. of Council: Ord. 72-2016 is at 1st Reading and is assigned to the Finance Committee. 21. Ordinance 73-2016 At 1st Reading. PLANNING & ZONING Amending Ord. 77-2009 creating the list of P.H. ON 10-13-16 @ 7:03 P.M. recognized Heritage Structures (LRHS); to amend the list of Heritage Structures. Pres. of Council: Ord. 73-2016 is at 1st Reading and is assigned to the Planning & Zoning Committee and I will set a public hearing for 10-13-16 @ 7:03 p.m. 22. ADDITIONAL ITEMS: None. 23. ADJOURNMENT: Mr. Rensel moved to adjourn. Seconded Mrs. Kilway. The Regular Council meeting adjourned at 7:19 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 4