Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:30 p.m. March 9, 17 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, March 9, 2017 to order at 7:44 p.m. 2. PRAYER: Rev. Andy Alberts, Tallmadge Lutheran Church, Tallmadge. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak, Ms. Tricaso – present. Also present were Mayor Kline, Dir. of Pub. Service Esler, Dir. of Law Raber, Dir. of Finance Gilbride, Economic Developer Weinberg and Clerk of Council Burton. Mr. Stalnaker and Mrs. Ray were excused. Dir. of Administration was absent. 4. MINUTES: 2-23-17 Regular Council meeting minutes. Mrs. Kilway moved to approve the 2-23-17 Regular Council Meeting minutes. Seconded Ms. Tricaso. Voice vote 5-0. The 2-23-17 Regular Council meeting minutes were approved by a vote of 5-0. FINANCIAL REPORTS: None. • SMR Transfer in the amount of $100,000 to Council on 2-28-17. • Bond Retirement Transfer in the amount of $70,000 to Council on 2-28-17. • Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 2-28-17 to Council on 3-1-17. • Tallmadge Recreation Center Profit and Loss Report for the period ending 2-28-17 to Council on 3-3-17. • Income Tax Comparisons for the period ending 2-28-17 to Council on 3-3-17. • Revenue Comparisons for the period ending 2-28-17 to Council on 3-3-17. • February Financial Reports to Council on 3-3-17. • Consolidated Investment Portfolio for the period ending 2-28-17 to Council on 3-3- 17. Mr. Sisak moved to accept the Financial Reports submitted by Dir. of Finance Gilbride. Seconded Mrs. Kilway. Voice vote 5-0. The Financial Reports submitted by Dir. of Finance Gilbride were accepted by a vote of 5-0. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: Tallmadge City Council meets on the second and fourth Thursday’s of the month with the Council Committee meetings starting at 7:00 p.m. followed by the Regular Council meeting. 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 anyone would like to address Council, please come forward and state your name and address. Any takers? No one responded. 6.A. ANNOUNCEMENTS: We will have an Executive Session following the meeting tonight regarding a land purchase. The following participants for the 2017 Volunteer Firefighters’ Dependents Fund must be voted on this evening: • Carol Kilway will serve as Chairperson. • Craig Sisak will serve as Secretary. • Member elected by the Fire Department is Chip Billows. Mr. Billows has agreed to be on the Fund again this year. • The two Firefighters serving on the Fund this year are Dave Gauer and John Tosko. Pres. of Council: Do we need a motion on that? Where do we go with that? Mayor: I think since it is just your appointment as the President. Pres. of Council: Alright. I guess we just need a voice vote on this. Mr. Rensel: You need a motion and a second. Mayor: On the liquor. Pres. of Council: No, on this. Mr. Rensel: Mr. President, I move that the aforementioned names for the 2017 Volunteer Firefighters’ Dependents Fund be accepted by City Council. Seconded Ms. Tricaso. Voice vote 5-0. The motion carries by a vote of 5-0. Liquor Application for Danny Boys. Pres. of Council: There must be a motion and a second as to whether or not Council wishes to have a hearing. We have talked about these before. Is there any question or is anybody interested in having a public hearing? Mrs. Kilway? Mrs. Kilway: I am not interested in having a special hearing, but is there anyone who has any information. I know Danny Boys has already had a liquor license; is this just for the Sunday liquor license; is that what this is for? Ass’t. Dir. of Law: It should be. I believe so. Mayor: Yeah. Mrs. Kilway: It is. OK, thank you. That’s all I had a question on. Mr. Rensel: I never received an app. Usually we receive an application from the Council office. Mrs. Kilway: We did. Mr. Rensel: We did.  REGULAR MEETING in Council Chambers @ 7:30 p.m. March 9, 17 Clerk of Council: I sent it in an e-mail. Mr. Rensel: Oh, in an e-mail. OK. Pres. of Council: I will make a motion that we do not request a public hearing. Seconded Mr. Sisak. Voice vote 5-0. A public hearing was not requested by a vote of 5-0. 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, DIRECTOR OF ADMINISTRATION AND ECONOMIC DEVELOPMENT DIRECTOR Mayor: I will be very short. I am happy to announce that the Easter Egg Hunt is April 15th. That is a Saturday, the day before Easter at the Tallmadge Rec Center and you are all welcome to go. You are welcome to stuff eggs that the seniors will help with. It takes about three or four hours to stuff the eggs and it takes 30 seconds to open them! You are welcome to come to that. Mrs. Kilway: When are they stuffing eggs? Mayor: I’m not sure about that. It’s not in the brochure! I attended the Brimfield Trustee meeting last night in Brimfield for the Maplecrest Golf Course after some talk and about 70 people in the audience. Brimfield Trustees adopted the change of zoning on Maplecrest Golf Course by a vote of 3-0 and so it is now zoned Industrial; light industrial and commercial which sets the way for the sale of the Maplecrest Golf Course and also now the next level is bringing in the design of the plats and the site plan review stuff and so that is definitely . . . the owner of the Maplecrest Golf Course was in the audience and said it will not open as a golf course. It is definitely sold and so that is good for the JEDD and it is good for Brimfield and good for the area. Mrs. Kilway: I just had a quick question. I know it is great for the JEDD, but what type of impact does it have on services that Tallmadge would have to provide if any? Mayor: Well, we are trying to work with them to offer some . . . we already have a mutual aid agreement with Brimfield. We have an Auto-Aid response for fire calls up on the expressway corridor. If there is a fire call within the Cascades and I’m sure if there is a fire call within this new area; they will have automatic aid I would think, but that is still being talked about and I know the Fire Chief and the Police Chief of Tallmadge and Brimfield, myself and some of the other management people of Brimfield; we met last week to talk about what we could do in this general area. So that’s all talked about. Then the traffic, as you know, ODOT and Tallmadge, Portage County and Brimfield are looking at the upgrades of the I-76 interchange. We did receive the document that they are going to send to Columbus for the preferred design and both alternates 1 and 2. That will be a 2020 to 2021 buildout on the expressway stuff which affects Tallmadge. That is part in Tallmadge; East End Welding area. Things are looking pretty good in that general area. Mr. Rensel: Yes. Will the City of Tallmadge have any input on storm water issues that affect that entire area as well as the traffic that you just mentioned? Mayor: The traffic of . . . since we are going to be signatory to some of that because of Tallmadge; the storm water off of Maplecrest; no. That is all Portage County, but we work with them very closely with the Portage County or the Brimfield Zoning Department, but the flow actually from Maplecrest actually flows underneath the expressway. It does not come towards Tallmadge at all. That is the end of the Johnson Ditch actually. That whole corridor comes down through that and it is flowing into Brimfield. It does not come back to Tallmadge. So really it is at the tail end and so we will work with them on that. Mr. Rensel: OK. Thank you sir. Mayor: Also, as we mentioned before, Ord. 34-2017 and Res. 3-2017, I would request that Council if you would consider having a Special Council meeting just to talk about those two items for consideration. We are open to the time, but if . . . I know some of you could probably get here earlier than 6:00 p.m. or if you wanted to make it at . . . Megan had . . . Ass’t. Dir. of Finance: She would request 5:00 p.m. Mayor: 5:00 p.m. on Monday, Tuesday or . . . of next week? Mrs. Kilway: Monday; I’m good. Mayor: I need four Council people. Ms. Tricaso: Can it be 5:30 p.m.? Ass’t. Dir. of Law: I think 5:00 p.m. would be better, but if we had to do 5:30 p.m. I think we could do that. Mrs. Kilway: I’m good on Monday, Tuesday, Wednesday; just about any time. Mayor: Craig? Mr. Sisak: I was hoping to go to the Bahamas, but I guess not. I will stick around guys. Mayor: Kim will be back in town also. Mr. Rensel: Are we talking about Tuesday or Monday? Mayor: Monday. Ms. Tricaso: Monday the 13th? Mr. Sisak: That’s fine. Mr. Rensel: That’s better. 2  REGULAR MEETING in Council Chambers @ 7:30 p.m. March 9, 17 Mr. Sisak: Mr. President, can I go ahead and make a motion for a Special Council meeting to be held on Monday, March 13th at 5:15 p.m. for the purpose of discussing Ord. 34- 2017 and Res. 3-2017. Seconded Mrs. Kilway. Pres. of Council: We have a motion and a second for a Special Council meeting on 3-13-17 at 5:00 p.m. Mr. Sisak: I said 5:15 p.m. Pres. of Council: Do we need a roll call? Mayor: Roll call. Pres. of Council: 5:15 p.m. I apologize. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak, Ms. Tricaso – unanimous. The Special Council meeting is adopted by a vote of 5-0. Pres. of Council: Is there anything else? Mayor: One other item, Dr. Cooper is actually at a National Weather Safety Conference out in Oklahoma so hopefully he will bring back more safety items and weather related items to our next Council meeting for you. End of report. Dir. of Pub. Service: Yes. Thank you. A little bit about the storms yesterday. We made a decision early in the day to keep crews over last night. We knew the wind would be a problem. We had service personnel and we also had office personnel stay over to take phone calls. They were very busy. A lot of times what we will do is we had a lot of trees at cross streets and we will take a backhoe and just get them off of the street to get the streets open and then as the storm dies down, we go back and do some cleanup work. Our crews never do anything where electrical wires are involved unless Edison has come out first and made sure that the wires are dead. They spent all day today out cleaning up things in the right-of-way and they still have some additional work to do tomorrow, but they worked until about 10:00 p.m. We have been doing some interviews for a Zoning Inspector. We did second interviews today and yesterday and I think we will be making an offer for a Part-time Zoning Inspector tomorrow. Fox 8 is going to be coming to the Recreation Center on March 16th at 11:00 a.m. They will be there for one of our Coffee Talks and what they do is they film different groups at different locations doing the Pledge of Allegiance and then that will air four different times during the month on Fox 8 and you will see a little banner advertising the Tallmadge Recreation Center on that and so we are kind of excited about that. End of report. Dir. of Finance: Yes. Everybody has received the February financial reports. Our income tax is still looking exceptional. We did in March though see a down tick and R.I.T.A. did send us some explanations that due to last year’s changes in the tax ordinance that we had to put through with some timing issues probably are what is affecting those inflated numbers in January and February. So like I stated in my report, I do expect those numbers to level out as the year progresses. I don’t think we will end the year at 18% over last year. Otherwise, we are still working on our CAFR and our Public Annual Financial Report and that audit is halfway finished. They have actually pulled out for right now while we continue to work on the CAFR. End of report. Ass’t. Dir. of Law: We have no report at this time. Dir. of Econ. Development: While I don’t have a lot of detail to share with you tonight, I can tell you that there is a developer that has stepped in and is in their due diligence period for the Ripley Farm for residential and as we have more details that we can share we will do that, but there is nothing really out in the public forum at this time. Other than that, we are just continuing to do our business visitations as we can get them in Portage and in Summit Counties. End of report. 10. Ordinance 28-2017 At 3rd Reading. FINANCE An ordinance providing for the issuance and sale of bonds in the maximum principal amount of $830,000, 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. Mr. Sisak moved for the adoption of Ord. 28-2017. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 28-2017 is adopted by a vote of 5-0. 3  REGULAR MEETING in Council Chambers @ 7:30 p.m. March 9, 17 11. Ordinance 32-2017 At 2nd Reading. PLANNING & ZONING Extending the moratorium on granting con- P.H. ON 4-13-17 @ 7:33 P.M. ditional 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. 32-2017 is at 2nd Reading and will remain before the Planning & Zoning Committee and there is a public hearing scheduled for 4-13-17 @ 7:33 p.m. 12. Ordinance 33-2017 At 2nd Reading. FINANCE Declaring that certain City-owned vehicles obtained through criminal forfeiture to be excess and authorizing the Director of Public Service to dispose of such vehicles in accordance with law and providing for immediate enactment. Ass’t. Dir. of Law: I do know what the amendment is if you will just give me a moment. We are basically just changing it from the Statute in the Ohio Revised Code that was cited in the original ordinance is now a different section of the Ohio Revised Code and so basically we just replaced the old section with the new section. I want to say that it is 2981.12 off the top of my head. Oh, there we go. Mr. Sisak: You did good! Ass’t. Dir. of Law: So basically that is the only change. Everything within the two is similar and so it really changes nothing as to how it operates. It is basically just a number change. Mr. Sisak moved for the amendment to Ord. 33-2017. Seconded Ms. Tricaso. Roll Call: Mr. Rensel, Ms. Sisak, Ms. Tricaso, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 33-2017 is amended by a vote of 5-0. 13. Ordinance 34-2017 At 2nd Reading. FINANCE Authorizing the Mayor to enter into an agreement with Tallmadge Grow, Inc., a community improvement corporation for the assignment of the lease for 12, 16, and 22 Southwest Avenue and authorizing the leasing and subleasing therefor and pro- viding for immediate enactment. Pres. of Council: Ord. 34-2017 is at 2nd Reading and will remain before the Finance Committee and we have scheduled a Special Council meeting to discuss this further. 14. Ordinance 35-2017 At 1st Reading. FINANCE Amending and supplementing Ord. 67-2016 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Pres. of Council: Ord. 35-2017 is at 1st Reading and is assigned to the Finance Committee. 15. Ordinance 36-2017 At 1st Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate to owner, First Con- gregational Church, UCC, applicant, John Schluep for a memorial garden with colum- barium at 85 Heritage Drive. Pres. of Council: Ord. 36-2017 is at 1st Reading and is assigned to the Planning & Zoning Committee. 16. Ordinance 37-2017 At 1st Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate for special nonresidential development to applicant/owner Commu- nity Connections Northeast Ohio for an adult services agency that serves indi- viduals with developmental disabilities at 1647 Brittain Road. Pres. of Council: Ord. 37-2017 is at 1st Reading and is assigned to the Planning & Zoning Committee. 4  REGULAR MEETING in Council Chambers @ 7:30 p.m. March 9, 17 17. Ordinance 38-2017 At 1st Reading. PLANNING & ZONING Accepting the dedication of a portion of a street known as Robey Road within the City limits for public purposes; setting perfor- mance and maintenance guarantees there- fore and providing for immediate enactment. Pres. of Council: Ord. 38-2017 is at 1st Reading and is assigned to the Planning & Zoning Committee. 18. Resolution 3-2017 At 2nd Reading. FINANCE Strongly opposing the State of Ohio Gove- nor’s proposed 2017-2018 Budget, which proposes centralized collection of net profit tax returns and other provisions related to the municipal income tax which will cause substantial loss of revenue needed to sup- port the health, safety, welfare and econo- nomic development efforts of Ohio municipalities, and declaring an emergency. Pres. of Council: Res. 3-2017 is at 2nd Reading and will remain before the Finance Committee and this is also to be discussed at our Special Council meeting. 19. ADDITIONAL ITEMS: Pres. of Council: We do have an Executive Session if someone would like to make a motion. Mr. Rensel moved to adjourn into Executive Session for the purpose of discussing land acquisition. Seconded Mrs. Kilway. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak – unanimous. The motion to go into Executive Session passed by a vote of 5-0. It is now 8:07 p.m. and we are adjourned to go into Executive Session. Pres. of Council: What that means to everybody here is that we actually have a private meeting that will not last very long and then we will come back out and basically adjourn this meeting. Mayor: You can come up and get your signatures. The Council meeting is really over. We are going to go into the back room and talk about potential land acquisition and when we come back we will just come back and adjourn. If you need signatures or questions or if you want to stay; you are welcome to stay. Pres. of Council: It is 8:33 p.m. and we are back from Executive Session. Is there anything else to come before Council this evening? No one responded. 20. ADJOURNMENT: Mr. Rensel moved to adjourn. Seconded Mrs. Kilway. Voice vote 5-0. The Regular Council meeting adjourned at 8:34 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James A. Donovan Clerk of Council President of Council 5