Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:30 p.m. May 11, 17 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, April 27, 2017 to order at 8:05 p.m. 2. PRAYER: Elder Phillip Robinson, SPAN Ministries, Tallmadge, Ohio. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mr. Donovan, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – present. Also present were Mayor Kline, Dir. of Law Raber, Dir. of Finance Gilbride, Economic Developer Weinberg, Dir. of Administration Cooper and Clerk of Council Burton. Mrs. Kilway was excused. 4. MINUTES: 4-27-17 Regular Council meeting minutes. Mrs. Ray moved to approve the 4-27-17 Regular Council Meeting minutes. Seconded Mr. Sisak. Voice vote 6-0. The 4-27-17 Regular Council meeting minutes were approved by a vote of 6-0. FINANCIAL REPORTS: • Fire Transfer in the amount of $100,000 to Council on 4-30-17. • Police Pension Transfer in the amount of $75.000 to Council on 4-30-17. • Bond Retirement Transfer in the amount of $100,000 to Council on 4-30-17. • SMR Transfer in the amount of $150,000 to Council on 4-30-17. • North Ave. Improvement Fund Transfer in the amount of $100,000 to Council on 4- 30-17. • Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 4-30-17 to Council on 5-1-17. • Tallmadge Recreation Center Profit and Loss Report for the period ending 4-30-17 to Council on 5-4-17. • Income Tax Comparisons for the period ending 4-30-17 to Council on 5-4-17. • Revenue Comparisons for the period ending 4-30-17 to Council on 5-4-17. • April Financial Reports to Council on 5-4-17. • Consolidated Investment Portfolio for the period ending 4-30-17 to Council on 5-4- 17. Mrs. Ray moved to approve the Financial Reports submitted by Dir. of Finance Gilbride. Seconded Mr. Sisak. Voice vote 6-0. The Financial Reports submitted by Dir. of Finance Gilbride were accepted by a vote of 6-0. 5. PUBLIC HEARINGS: Ordinance 39-2017 At 3rd Reading. PERSONNEL Authorizing and directing the Tallmadge P.H. ON 5-11-17 @ 7:33 P.M. Civil Service Commission to adopt rules and regulations that differ from those provided by general law for the promotion and hiring of Police Captain and Deputy Fire Chief. Pres. of Council: It is now 8:10 p.m. and I call the public hearing for Ord. 39-2017 open. Is there anyone who would like to speak in favor of Ord. 39-2017? Please come to the microphone and state your name and address for the record. These meetings are recorded. No one came to the microphone. Is there anyone who would like to speak against Ord. 39- 2017? No one came to the microphone. Second time; is there anyone who would like to speak in favor of Ord. 39-2017? No one came to the podium. Is there anyone who would like to speak against Ord. 39-2017? No one came to the podium. Third and final time; is there anyone who would like to speak in favor of or against Ord. 39- 2017? It is now 8:11 p.m. and I will call the public hearing for Ord. 39-2017 closed and I will recognize the Personnel Committee; Mr. Stalnaker. Mr. Stalnaker: Ms. Tricaso and myself are in attendance. Is there anything else that we want to add to this? Mayor: We are ready to go. Ms. Tricaso: I recommend that we adopt. Mr. Stalnaker: We recommend adoption 2-0. That closes the committee. Thank you. Pres. of Council: I will make a motion to adopt Ord. 39-2017. Seconded Mr. Stalnaker. Mayor: Mr. Chairman; yes, thank you. I thank Council for their consideration. I just want to thank a couple of people on this. A lot of work went into this ordinance. This is the companion to what Council already adopted for the two Chiefs; the Fire Chief and the Police Chief. This was cleaning up how to hire the Captain and the Deputy Fire Chief. With the help of the Law Director, Megan Raber and Dr. Cooper here and the Civil Service Board; they did an excellent job and it took a long time to get to where we are at, but this is setting rules for the future. Any applicants know the rules of engagement going forward and so this gives them plenty of time to understand this and if they choose in the future . . . when an opening becomes available, these are the rules that are set. So, I am very happy with this and I think it is a great thing to set these rules up the way it is. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan – unanimous. Ord. 39-2017 is adopted by a vote of 6-0.  REGULAR MEETING in Council Chambers @ 7:30 p.m. May 11, 17 6. COMMUNITY INPUT: In case anybody wasn’t here for the first meeting; Item 6. is our Community Input. 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 Council Committee meetings, legislation is discussed thoroughly with Council deciding to adopt, reject, amend, 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 for the record. No takers. 6.A. ANNOUNCEMENTS: There will be an Executive Session prior to adjournment of the Regular Council meeting to discuss Pending Litigation. Mr. Rensel: There is no easy way to say this, but the Girls Softball game tonight; the Sectionals were cancelled or postponed until tomorrow night at 4:30 p.m. against Northwest. 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: Thank you Mr. Chairman. I will try to be brief. We have been very busy; you can see the tables set up here in Council Chambers. We did have a meeting . . . we have been hosting a lot of meetings here in Tallmadge and it is sort of a nice central location for everybody to come, but today all these tables were filled with all the players of the region from the Ripley Farm, the Maplecrest Golf Course, Just Cricket, the Rubbermaid area back in there and the ODOT Expressway Project people. So we had all the players here to talk about collaborating together so we are all on one page. For Tallmadge, I am involved in every one of those, but I wanted every player here so they could talk about primarily the sanitary sewer; the flows of the sewer project and all that. You know you have at 1st Reading tonight on the Ripley Farm Development for that development to go in and how that is going to work. It was a great meeting and I think a lot of smart heads were there together and so hopefully we can all come to a good conclusion. Maplecrest will definitely be developed. Ripley Farm options, Just Cricket back in this little corner here; Brimfield is entertaining a senior complex. It is part of Just Cricket but a different entity right there. A lot of action in that corridor and you know that Council passed legislation authorizing me to enter into a contract with GPD for the traffic study on the East Avenue Corridor and that study is underway this week and so it is ongoing. We will see how that comes out and I’m sure we will have more to talk about. As you know the Code Red issue and signing up for the early warning detection; the campaign that went out is really working well with the help of Dr. Cooper and his group putting this together. It has been a great . . . a lot of people are signing up for it and so for the people in the audience if you do not have Code Red; there are flyers on the table and you should all, even if you don’t live in Tallmadge; you should sign up for Code Red if you want to be notified of weather or any other problems throughout the town. The trees are down on North Avenue and it is closed; we would probably put that out and say do not use North Avenue because it is blocked. It is a great thing to have if you don’t have it. There is a thing on the table for it. I will stop at that unless Council has anything. We already talked about . . . I won’t stop at that; we talked about the Relay for Life at the Tallmadge Rec Center is this weekend and then the Memorial Day Parade is coming up at the end of the month and you do have an ordinance in front of you for a request for $300 for the parade. End of report. Dir. of Pub. Service (Mayor): The Director of Public Service; the North Avenue Project; to give Council an update on that. I did make a tentative offer to a gentleman, but I don’t’ want to disclose his name because he hasn’t accepted it yet, but I interviewed five or six people from Engineers to Service Directors from other communities to Assistant Service Directors and I am very happy to announce that I have given an offer to one and by the next Council meeting, I should be able to introduce one to you. But, with that, the North Avenue Project; they are finishing the punch list items and the weather put them behind on the landscaping because of the topsoil on the west side. The east side grass is growing and it looks pretty nice on that side. It almost looks like you didn’t even know that there was a project over there. But that is going very well. The Testa Project next door; they are trying to get temporary occupancy by June 1 st to be able to start moving some folks in that lower area. We are working with them on the Phase 2, the Jimmy John’s building. The permits and the zoning certificates are all being issued because they would like to get started and they are working out some storm water details. The parking lot on the Circle; I am meeting with our engineering people tomorrow morning at 9:00 a.m. so I can finalize some of that so I can take it to Planning & Zoning to get that parking lot approved and the same with the parking lot potential on the old Tallmadge Bowling Alley site. Waltco Trucking has asked to take over that site. I do not want to sell it to them because I don’t want that long term, but then I will work with SPAN Ministry and also the Freedom Trailhead, but primarily for Waltco so their folks who park on the opposite side of the road can park over there and not cross the traffic. So there is a lot going on in the Service Department. 2  REGULAR MEETING in Council Chambers @ 7:30 p.m. May 11, 17 Pres. of Council: I have a quick question for you. I saw what appeared to be surveyors at Six Corners. Mayor: Southeast Six Corners? Pres. of Council: Yes. Mayor: The environmental . . . remember we applied for a grant and we did receive it to clean up the site at the old Tinker Jack’s. We did an underground penetration radar and found one oil tank which was a fuel oil tank over that hole that is dug there and so they are starting to take that out today and tomorrow. Then that site should be a clean site. Mr. Rensel: Yes. Paving; are we . . . Mayor: The paving bids were opened last week. Board of Control awarded the contract to Perrin Asphalt. The contracts are being circulated for the signatures so that paving should start pretty soon. Pavement marking is out to bid. So that is the striping of the roads. Ms. Tricaso: Will we get a listing of the streets that will be repaved? Mayor: Yes. Resident from Audience: Is the problem with the storm sewers on 91 being addressed? I personally spoke with some of the workers. I am on Garwood Drive. Mayor: I will speak to the North Avenue Project. The storm water issues on North Avenue. You can see the socks that are on there to impede the water and there are some corners that are depressed. There are some items that are on the punch list to get any impressions that are down; they are working on that. The inlets on East Garwood have a couple of issues there that they are working on. End of report. Dir. of Finance: No report. Dir. of Law: Thank you. Since the last time that Council met, we did have our Drug Take- Back Day in conjunction with the Federal Drug Take-Back Day and we collected 175 lbs. of unused or unwanted medication. It is shocking every time we do this just how much is thrown away and sometimes unopened and it is too bad that there is not a way to appropriately handle giving that to people who need it, but in any case, it is not going to be on the street and it is not going be disposed of in an inappropriate way so that is good news. We are also going to do a special Drug Take-Back Day with the Tallmadge Primetimers at their meeting coming up next week on Tuesday. At that time, we will take any drugs that anybody brings with them to that meeting which is a nice convenient way for them to dispose of the drugs and also be distributing a new purple pack that is coming to us through a grant from the Community Health Partnership that if you put your pills into this packet it actually makes it so your pills are disposed of in the packet and unusable and so we are going to be encouraging people to use that for any of their stronger opiate based types of medication that they need to dispose of and we will be distributing those as well at that meeting. I just wanted to give you an update on that. Thank you. Dir. of Administration: I know you are accustom to me speaking a lot at these meetings, but tonight I have no report. Dir. of Economic Development: Thank you. Just a reminder that on Saturday at 2:00 p.m. there is going to be a ribbon cutting at Boomer & Bow, which is a new salon in the same locations where Anudu was at 152 Northeast Avenue. Also, we are in the final review stage of the Comprehensive Plan and so hopefully we will be bringing that to you in the next few weeks. Thank you. End of report. 10. Ordinance 36-2017 At 3rd Reading. PLANNING & ZONING Approving and granting a conditional P&Z REC. REJECTION 4-0 zoning certificate to owner, First Congre- gational, Church, UCC, applicant, John Schluep for a memorial garden with colum- barium at 85 Heritage Drive. Mr. Sisak moved to WITHDRAW Ord. 36-2017 at the applicant’s request. Seconded Ms. Tricaso. Roll Call: Mr. Rensel - yes, Mr. Sisak – yes, Mr. Stalnaker - yes, Ms. Tricaso - yes, Mr. Donovan - yes, Mrs. Ray – abstain on the advice of the Law Director. Ord. 36-2017 is WITHDRAWN by a vote of 5-0-1. Dir. of Law: I just want to put on the record that that advice is due to Ms. Ray’s proximity of her home in relationship to the church. Thank you. Mayor: Also for the record that I will be forming an Ad Hoc Committee to look at the matter of this columbarium issue. 3  REGULAR MEETING in Council Chambers @ 7:30 p.m. May 11, 17 11. Ordinance 43-2017 At 3rd Reading. PUBLIC SERVICE An ordinance to approve, adopt and enact the 2017 replacement pages to the Codified Ordinances; to repeal ordinances in conflict therewith; to publish the enactment of new matter; and providing for immediate enact- ment. Mr. Stalnaker moved for the adoption of Ord. 43-2017. Seconded Mr. Rensel. Roll Call: Mr. Sisak, Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Ray, Mr. Rensel – unanimous. Ord. 43-2017 is adopted by a vote of 6-0. 12. Ordinance 50-2017 At 2nd Reading. PLANNING & ZONING Approving and granting a conditional P&Z REC. REJECTION 4-0 zoning certificate for special nonresidential development to applicant Merryweather Real Estate on behalf of owner Wilma C. Platt Trust for a thirty-two unit apartment project at 338 Howe Road. Mr. Sisak moved to amend Ord. 50-2017. Seconded Mrs. Ray. Roll Call: Mr. Stalnaker, Ms. Tricaso, Mr. Donovan, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 50-2017 is amended by a vote of 6-0. 13. Ordinance 52-2017 At 1st Reading. PUBLIC SERVICE Authorizing donations and waiver of fees for (C.O.O.L.) Day 2017 and providing for immediate enactment. Pres. of Council: Ord. 52-2017 is at 1st Reading and is assigned to the Public Service Committee. 14. Ordinance 53-2017 At 1st Reading. FINANCE Authorizing the expenditure of certain sums for the 2017 Memorial Day celebration in the City of Tallmadge and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 53-2017. Seconded Mr. Sisak. Roll Call: Ms. Tricaso, Mr. Donovan, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker – unanimous. Ord. 53-2017 is adopted by a vote of 6-0. Pres. of Council: Item 15. is Res. 4-2017. 15. Resolution 4-2017 At 1st Reading. Expressing the appreciation of the Council and Administration to Bryan Esler upon his retirement from service with the City of Tallmadge and providing for immediate enactment. Mr. Rensel moved for the adoption of Res. 4-2017 at 1st Reading. Seconded Mr. Sisak. Voice vote 6-0. Res. 4-2017 is adopted by a vote of 6-0. Mayor: I would like to just go on record thanking Mr. Esler for his 27 years service with the City of Tallmadge. The whole time I have been employed with the City, Bryan has been here and has done an excellent job; he is a great worker. I am happy for him in his retirement. 17. ADDITIONAL ITEMS: Pres. of Council: The only other item I have is to go into Executive Session. Mrs. Ray: Before we adjourn to go into Executive Session I would like to recognize the Scout that we have in the audience tonight. Thank you for being here. I was just wondering if you are working towards a particular badge or certification or your Eagle Scout? Scout: What I am working towards is an Eagle Merit Badge and it is for Citizenship and Community and I had to come here and attend the meeting and write about one of the issues and my position on it. Mrs. Ray: And your name young man? Nick (inaudible) Mrs. Ray: Well thank you very much and congratulations. Good luck. Mr. Donovan, I would like to move to adjourn into Executive Session to discuss pending litigation. 4  REGULAR MEETING in Council Chambers @ 7:30 p.m. May 11, 17 Dir. of Law: Prior to doing that, we did skip Ord. 54-2017. Pres. of Council: Alright, then we will back up. 16. Ordinance 54-2017 At 1st Reading. PLANNING & ZONING Amending the Zoning Map by rezoning P.H. ON 6-22-17 @ 7:31 P.M. the properties of Ripley Farms LLC and Francis L. Ripley LLC et al, Robert P. Ripley, Cheryl M. Rocco, Trustee and Robert P. Ripley, Co-Trustee, and Dorothy Sipe from Residential-2 to R-6 Residential Open Space Planned Development District consisting of approximately 108.6778 acres and approving the General Development Plan located at 1229, 1223 and 1241 East Avenue, and Parcel Number 6010152. Pres. of Council: Ord. 54-2017 is at 1st Reading and is assigned to the Planning & Zoning Committee. Dir. of Law: There is a public hearing on June 22nd at 7:31 p.m. Pres. of Council: Let’s see if we can do this again! Mrs. Ray. Mrs. Ray: What are we doing? Mr. Sisak: Executive Session. Mrs. Ray: Thank you very much. Mr. Donovan, I move that we adjourn for Executive Session to discuss pending litigation. Seconded Mr. Sisak. Roll Call: Mr. Donovan, Mrs. Ray, Mr. Rensel, Mr. Sisak, Mr. Stalnaker, Ms. Tricaso – unanimous. Council adjourned into Executive Session at 8:32 p.m. Pres. of Council: We are back on the floor and it is 8:43 p.m. 18. ADJOURNMENT: Mr. Rensel moved to adjourn. Seconded Mrs. Ray. Voice vote 6-0. The Regular Council meeting of 5-11-17 adjourned at 8:43 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James A. Donovan Clerk of Council President of Council 5