Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:00 p.m. October 24, 16 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Monday, October 24, 2016 to order at 7:00 p.m. 2. PRAYER: Silent prayer. 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 Pub. Service Esler, Dir. of Law Raber, Dir. of Finance Gilbride, Dir. of Administration Cooper, Economic Developer Weinberg, and Clerk of Council Burton. 4. MINUTES: 10-13-16 Regular Council meeting minutes. Mrs. Ray moved to approve the 10-13-16 Regular Council Meeting minutes. Seconded Mr. Sisak. Voice vote 7-0. The 10-13-16 Regular Council meeting minutes were approved by a vote of 7-0. FINANCIAL REPORTS:  Consolidated Investment Portfolio for the period ending 9-30-16 to Council on 10-21-16. Mrs. Ray moved to accept the Financial Report submitted by Dir. of Finance Gilbride. Seconded Mr. Sisak. Voice vote 7-0. The Financial Report submitted by Dir. of Finance Gilbride was accepted 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, except for tonight which is a Monday evening 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 give us your name and address. Welcome to the students who are here. Since nobody is rushing for the mike, we will move on. 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 DEVELOPMENT DIRECTOR Mayor: A reminder to Council that this coming Thursday is the Street Dance up at the Rec Center. Hopefully the weather is on our side. It usually is. I also would ask Council for their consideration of adopting at 1st Reading Item 14; Ord. 78-2016 and Item 17; Ord. 82-2016. End of report. Dir. of Pub. Service: Thank you. The only thing I have left to report is that the Leaf Collection started today. There aren’t many piles out. The Road Superintendent expects that they will be through the entire City by the end of the day tomorrow. We will probably just pull off then and do some other things and start back in earnest on Monday. End of report. Dir. of Finance: Thank you. I would l just like to report to Council that on Thursday and Friday of this week are our RITA subpoena days and so Council Chambers will probably be buzzing with people coming in to get caught up on their income tax filings. We have been busy taking phone calls from those who get the subpoena and helping them file their taxes actually even before the day of the program and so we will continue to work on this this week and probably into next week because then there will be the people who call next week that forgot to come to the subpoena day. So, that is what we are working on. End of report. Dir. of Law: Thank you. We had our Drug Take Back Day on Saturday. It was a good turnout. We had two locations this time at the Acme who participated with a variety of municipalities in different locations along with Tallmadge and then we also used the Tallmadge Police Department. I want to thank the Chief and the Street Department and Mayor Kline all for their efforts for the event. We took back 183.80 lbs. of prescriptions and over the counter medications and so it is great to get that off of people’s shelves and dispose of it appropriately. End of report. Economic Developer: Thank you. There is going to be a ribbon cutting probably on November 18th and I will let everybody know when that occurs. It is a beauty salon that is moving into the former Blondie & Company at 116 East Avenue and it is Root Salon & Spa’s owner and so she is excited about moving in and I will notify everybody when that happens. End of report. 10. Ordinance 74-2016 At 3rd Reading. PLANNING & ZONING Amending Ord. 31-2014 approving and granting a conditional zoning certificate for special nonresidential development to applicant Mota Design Group, Inc. on behalf of owner Circle North LLC at 76 North Avenue.  REGULAR MEETING in Council Chambers @ 7:00 p.m. October 24, 16 Clerk of Council: It was the recommendation of the Planning & Zoning Committee to adopt this ordinance by a vote of 3-0. Mr. Sisak moved for the adoption of Ord. 74-2016. Seconded Mrs. Kilway. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 74-2016 is adopted by a vote of 7-0. 11. Ordinance 75-2016 At 3rd Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate to applicant J-RS Development, owner Joe Scaccio for a storage facility at 425 Commerce Street (Parcel No. 60-07336 and Parcel No. 60- 02334). Clerk of Council: It was also the recommendation of the Planning & Zoning Committee to adopt this ordinance by a vote of 2-0-1. Mr. Sisak moved for the adoption of Ord. 75-2016. Seconded Mrs. Ray. Roll Call: Mr. Rensel - yes, Mr. Sisak - yes, Mr. Stalnaker - yes, Ms. Tricaso - yes, Mr. Donovan - yes, Ms. Kilway – abstain, Mrs. Ray – yes. Ord. 75-2016 is adopted by a vote of 7-0. Mayor: Nope. Pres. of Council: Oh, I’m sorry, 6-0-1. 12. Ordinance 76-2016 At 3rd Reading. PERSONNEL Amending Tallmadge Codified Ordinance Section 111.01 Rules of Council and pro- viding for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 76-2016. Seconded Ms. Tricaso. Roll Call: Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 76- 2016 is adopted by a vote 7-0. 13. Ordinance 77-2016 At 3rd Reading. PERSONNEL Amending Tallmadge Codified Ordinance Section 114.02 General Rules of Procedure and Operations for Boards and commis- sions and providing for immediate enact- ment. Clerk of Council: The recommendation of the Personnel Committee on this ordinance was to adopt by a vote of 3-0. Mrs. Kilway moved for the adoption of Ord. 77-2016. Seconded Ms. Tricaso. Roll Call: Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 77-2016 is adopted by a vote of 7-0. 14. Ordinance 78-2016 At 1st Reading. PLANNING & ZONING Accepting the dedication of right-of-way within the Beechview Subdivision No. 3 for public purposes; setting performance and maintenance guarantees therefore and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 78-2016 at 1st Reading. Seconded Mrs. Kilway. Dir. of Pub. Service: Yes, we have gotten all the bonds for this. There were no street improvements; they just had to give us a small portion of additional right-of-way in this area. It is four lots that are going to be built on. The house that was at the corner has already been razed and I think it will be a big improvement to the area. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 78-2016 is adopted by a vote of 7-0. 15. Ordinance 80-2016 At 1st Reading. FINANCE Adopting a budget for various funds of the City of Tallmadge, Ohio for current expenses and other expenditures during fiscal year ending December 31, 2017, appropriating the necessary funds for the administration thereof; authorizing transfers between funds, and providing for immediate enactment. 2  REGULAR MEETING in Council Chambers @ 7:00 p.m. October 24, 16 Pres. of Council: Ord. 80-2016 is at 1st Reading and is assigned to the Finance Committee. I will set a public hearing on 12-8-16 at 7:03 p.m. Mayor: Mr. Chairman, I request a Work Session of Council on November 7th either at 6:00 p.m. right before the Council meeting. The agenda is not real big so it can either go then or if you want it during the Finance portion of the meeting? Pres. of Council: I’m OK with that. Mrs. Kilway: Is it at 6:00? Mayor: 6:00 p.m. on November 7th. Mrs. Kilway: That’s good. Mayor: So, 6:00? Mrs. Kilway: 6:00 p.m. Ms. Tricaso: 6:00 p.m. Pres. of Council: Everybody OK? Mr. Sisak: Yup. Mrs. Ray: I do have a question. So, in years past, Dr. Pascarella would present the budget. Is Mr. Cooper going to do that this year? Mayor: It will be a team effort; myself, Mrs. Stritch who worked on it extensively and Mr. Cooper will be here. We are working on a booklet to give to Council right now that lays out all of the capital projects. It is not really exciting. Mrs. Ray: They don’t have to be exciting; they just have to be balanced. Mayor: Very close to balanced. 16. Ordinance 81-2016 At 1st Reading. PLANNING & ZONING Accepting the dedication of streets within the Hederson Subdivision for public pur- poses; setting performance and mainte- nance guarantees therefore and providing for immediate enactment. Pres. of Council: Ord. 81-2016 is at 1st Reading and is assigned to the Planning & Zoning Committee. 17. Ordinance 82-2016 At 1st Reading. FINANCE Accepting the Ohio Development Services Agency Grant for the remediation of the former gas station located at 913-917 Southeast Avenue; authorizing the Mayor to enter into an agreement with Ohio Development Services Agency to complete the project as part of the State of Ohio Abandoned Gas Station Cleanup Grant Program; appropriating the necessary funds and providing for immediate enact- ment. Pres. of Council: Ord. 82-2016 is at 1st Reading and is assigned to the Finance Committee. Mayor: Mr. Chairman, I think this is the one that I asked Council’s consideration of at least we can talk about it. I will tell you what it is about. Do you want me to go ahead and talk first before you make a motion? Mrs. Ray: Yes; we need some background. Mayor: The background is if you can see; I do have it up on the screen and we applied for a grant from the Ohio Development Services and we did receive $94,832.78 to clean up that site. There is a fuel tank underneath the ground up there that we know about back when Burgess and Niple did the mitigation when we purchased the property we identified the location of it and we applied for the grant to clean it up and this amount will cover the full amount of that, but it is a grant that requires us to spend the money first and then it is a reimbursement grant. As you can see . . . there is a re- appropriation from the General Fund of $25,000 and the balance of the appropriation will be in the 2017 Budget. This allows us to start the process and then as the bills come in, we resubmit them back to the agency to get reimbursed for that. Pres. of Council: Is this at Six Corners? Where is the site at? Mayor: McMullen’s; I’m sorry. The old Tinker Jack’s. Mrs. Ray: Oh, there was a gas station there? Mr. Sisak: I have no idea where that is. Mayor: Southeast Six Corners. Mrs. Kilway: It’s a park now. Mrs. Ray: Across from Fire Station 2. 3  REGULAR MEETING in Council Chambers @ 7:00 p.m. October 24, 16 Pres. of Council: By Gionino’s. Mayor: Right beside the Fire Station; Eastwood . . . if you are heading down across from Tallmadge Tire. It’s a grassy area now. The City of Tallmadge owns that site and we have owned it now for . . Mrs. Kilway: When was there a gas station there? Mayor: It goes back to McMullen’s. Mrs. Kilway: I remember McMullen’s and then Tinker Jack’s. Mayor: I think they had a little pumping station prior to that in the back of the building. Mr. Rensel: Yeah, on the side. They used to have maintenance there also. Mrs. Kilway: I was too young to remember that. Mayor: You weren’t born yet! So it is a City owned site. Mr. Sisak: That is the estimated amount to clean that up from Burgess & Niple? Mayor: No, but from an agency; they are not involved in this anymore; Burgess & Niple. They did the original study back when we purchased the property quite a long time ago; 2003 or 2004. Mrs. Ray: So the total cost is $94,832 and so the City won’t really be expending anything at the end of the day. Mayor: It will clean that site up. No matter what we do with it marketing either for economic development or the potential of a future Roundabout in that area; we would have to do this eventually. We didn’t know if we would get the grant. We had a guy apply for us and it came in and we won. Mrs. Ray: Great. I wasn’t aware that the State of Ohio had an abandoned gas station clean-up grant, but we will take their money. Mayor: There is a lot of that money available. Mrs. Ray: Are there any other questions? No one responded. So, I will go ahead and make a motion that we adopt Ord. 82-2016 at 1st Reading. Seconded Mr. Sisak. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – unanimous. Ord. 82-2016 is adopted by a vote of 7-0. 18. Ordinance 83-2016 At 1st Reading. FINANCE Accepting grant funds from the Bureau of Justice Assistance under the fiscal year 2016 Bulletproof Vest Partnership. Mrs. Ray moved for the adoption or Ord. 83-2016 at 1st Reading. Seconded Mr. Sisak. Mayor: Thank you for your consideration. I didn’t want to ask for 1st Reading adoption, but this is just money coming in for the vests and it is a reimbursement and there is another one that is the same thing. Mrs. Ray: For me, it was like look, if you can get them today versus getting them tomorrow; our safety services would be a day safer and so that is perfectly fine. Mayor: Thank you. Mrs. Ray: You’re welcome. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 83-2016 is adopted by a vote of 7-0. 19. Ordinance 84-2016 At 1st Reading. FINANCE Appropriating additional amounts and reducing appropriations in various funds and providing for immediate enactment. Pres. of Council: Ord. 84 is at 1st Reading and is assigned to the Finance Committee. 20. Ordinance 85-2016 At 1st Reading. FINANCE Accepting a donation from Akron General Medical Center to offset the cost of ESO Solutions software subscriptions and training and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 85-2016. Seconded Mr. Sisak. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 85-2016 is adopted by a vote of 7-0. 21. ADDITIONAL ITEMS: None. Mr. Rensel: I have an additional item for discussion. Resolutions; we have had a couple of prominent citizens pass away. How are we going to do . . . will we have those resolutions at the next meeting or . . . Mayor: For who? Mr. Rensel: Mrs. Bumpas for one. Margaret Bumpas was . . . Mayor: I know the policy that we have always used forever was a City employee or something to that effect, but I mean, as a Councilperson, you could request anything you want. 4  REGULAR MEETING in Council Chambers @ 7:00 p.m. October 24, 16 Mr. Rensel: Yeah, I mean, it is not . . . yeah, I understand. I’ll speak with the Law Director then. Thank you Mr. President. I have another comment. Mayor: Mr. President, one thing before you adjourn, I would like to congratulate Mr. Stalnaker for 65 years of marriage. We should all have 65 years. Mrs. Ray: Betty must be a very patient woman! Mr. Stalnaker: We eloped when we were 13! I am very lucky. 22. ADJOURNMENT: Mr. Rensel moved to adjourn. Seconded Mrs. Kilway. Voice vote 7-0. The Regular Council meeting of 10-24-16 adjourned at 7:53 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 5