Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:30 p.m. October 12, 17 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, October 12, 2017 to order at 7:30 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE. 3. ROLL CALL: Mrs. Allman, Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak, Ms. Tricaso – present. Also present were Mayor Kline, Dir. of Pub. Service Rorar, Dir. of Law Raber, Dir. of Finance Gilbride, Economic Developer Weinberg, Dir. of Administration Cooper and Clerk of Council Burton. Mrs. Ray was excused. 4. MINUTES: 9-28-17 Regular Council meeting minutes. Mr. Sisak moved to approve the 9-28-17 Regular Council Meeting minutes. Seconded Mrs. Kilway. Voice vote 6-0. The 9-28-17 Regular Council meeting minutes were approved by a vote of 6-0. FINANCIAL REPORTS: • SMR Transfer in the amount of $125,000 to Council on 10-2-17. • Bond Retirement Transfer in the amount of $125,000 to Council on 10-2-17. • Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 9-30-17 to Council on 10-3-17. • Tallmadge Recreation Center Profit and Loss Report for the period ending 9-30-17 to Council on 10-6-17. • Income Tax Comparisons for the period ending 9-30-17 to Council on 10-6-17. • Revenue Comparisons for the period ending 9-30-17 to Council on 10-6-17. • September Financial Reports to Council on 10-6-17. • Consolidated Investment Portfolio for the period ending 9-29-17 to Council on 10- 6-17. Mr. Sisak moved to accept the Financial Reports submitted by Dir. of Finance Gilbride. Seconded Mrs. Kilway. 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 77-2017 At 3rd Reading. PLANNING & ZONING Approving and adopting a revised Compre- P.H. ON 10-12-17 @ 7:33 P.M. hensive Plan for future development in the City. It is now 7:33 p.m. and I call the public hearing for Ord. 77-2017 open. Is there anyone who would like to speak in favor of Ord. 77-2017? Please come to the microphone and state your name and address for the record. These meetings are recorded. No one responded. Is there anyone who would like to speak against Ord. 77-2017? No one responded. Second time; is there anyone who would like to speak in favor of Ord. 77-2017? No one responded. Is there anyone who would like to speak against Ord. 77-2017? No one responded. Third and final time; is there anyone who would like to speak in favor of or against Ord. 77- 2017? No one responded. It is now 7:34 p.m. and I . . . Mayor: Mr. Chairman, I would request that Council would “continue” the public hearing until 11-9-17 @ 7:33 p.m. Mr. Sisak: So moved. Seconded Mrs. Kilway. Pres. of Council: We have a motion and a second to “continue” this public hearing until 11- 9-17. Is there any further discussion? No one responded. Voice vote 6-0. The public hearing will be continued until 11-9-17. 6. COMMUNITY INPUT: Pres. of Council: Tallmadge City Council meets on the second and fourth Thursday’s of the month with the Council Committee meeting 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 anybody would like to address Council, please come forward and state your name and address for the record. Would anybody like to address Council? No one responded. 6.A. ANNOUNCEMENTS: There will be an Executive Session prior to adjournment of the Regular meeting this evening. 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. Very briefly; Beggar’s Night is on the 26th and that is a Thursday and Council is moved from Thursday to Wednesday and so we are looking for people to help with the hot dogs and the grills and all of that and so you are all welcome to come out and flip the dogs. Please do that. The Maplecrest Golf Course; Rita; will you talk about that tonight? Rita will have a report on Maplecrest Golf Course.  REGULAR MEETING in Council Chambers @ 7:30 p.m. October 12, 17 Mayor (Cont’d.) Planning & Zoning went pretty well I thought with the Ripley Farm. We are pretty excited about that project coming into town to be able to get 200 new homes into Tallmadge. Outside of that; end of report. Dir. of Pub. Service: Good evening. First off; with the cemetery; there were 10 burials and six were full for the month of September. In the Zoning Department there were 66 permits issued and 9 were street openings and 48 were the Zoning Certificates. The Street Department recorded 130 hours in three public events; the Labor Day 5 K Run, the 911 Ceremony and then the Electronics Recycling event that was held at the high school. Crack sealing; 2 miles were completed. This is in-house crack sealing. This is different than the contracted amount. This is our guys doing it and it takes five guys to do it. This is the first year it has been done in-house. 11 roads were done and we are focusing mostly on the concrete and asphalt roads and it is a good maintenance strategy to keep the water out and so we are hoping to do more. This is just a trial period to see if it was effective and if we could actually do it in a timely manner. Mr. Sisak: Who has to start the tar machine first thing in the morning? Dir. of Pub. Service: He gets in a little earlier; about 7:15 a.m. Mr. Sisak: Oh; that’s not too bad. Dir. of Pub. Service: No, that is not too bad. There were also 4 driveway culverts replaced and 200 lineal feet of ditching was done. Concrete repairs were done 486 yards of repairs were done; numerous throughout the City including the splitter island here. If you look at that splitter island right now, what we are focusing in on was the grass there in the middle and what we did was we filled it in with concrete for a couple of reasons. It was a flower bed at one time, but everybody was pointing fingers on who was responsible and the second thing; with that being a walkway, that is a great place for somebody to twist an ankle and third; you know what; we don’t have to worry about landscape anymore. So, if you look at that splitter island it looks a lot cleaner down on the bottom end and so it is a better job. Moving forward, the parks; one thing the guys were able to do was pressure wash the tennis courts at Lions Park and I’m not sure if you guys can see how black that is, but then there was a 100% improvement. So we decided to try that pressure washer out at the shelters at Maca and it is a pretty good machine. You can see the cut line in the dirt going down and look how white the concrete is behind the gentleman there working. So it was a great job and hardly took any time and that is a special pressure washer head on the end of that thing and so that is how it is done. So the guys did a good job. Moving on with the parks; all of the pavilion rentals next year will be on RecTrac and so it should all be in the computer and it will be available on-line and so you can actually see it. We are hoping to move the athletic schedules to that as well and so at any time if you are interested in a baseball field or anything; you can take a look and see if they are rented or if they are available. So, something we are moving towards. Moving forward; on maintenance, we removed the landscaping in front of the Police Department. It was terribly overgrown and there again what is the sense of just trimming it back because we will be back next year. There is also an issue with having that overgrown brush around the entrance to your Police Department. I mean, they don’t go hand in hand too much anymore. So, if you noticed that or if you have heard anything . . . and it is a cleaner look and so it is cleaned up. In the Water Department; they fixed four fire hydrants and took 20 water samples and inspected 2 waterlines and added 1 new water service and the big thing is that they updated the Water Contingency Plan for the EPA. So that should be finalized hopefully this month. That is my report for the month. Dir. of Finance: Good evening. Everybody received their monthly financial reports. I did want to draw everybody’s attention to . . . I know there was an article this week in the newspaper and I don’t know if everyone saw it regarding some cities coming together to file suit against the State regarding the income tax law changes that were placed into the State Budget. Currently the city has not joined that suit. We are not a party to that, but the Regional Income Tax Agency and their Executive Board are also monitoring this and looking at if there are some possible legal issues from a different angle that would potentially make that law no longer applicable. So there is some stuff going around right now and issues are being looked at. As it stand right now, I am keeping an eye on that and then you know we can monitor that and then decide at a later date if that is something that we want to join into or if it is something that is going to be handled by the Regional Income Tax Agency on our behalf. Also, I know that I put it in Financial Report, but just to let Council know that at the next Council meeting, I will be introducing the year end re-appropriations. As everyone knows, we definitely had some unexpected personnel changes, which is the main source of the re- appropriations for year end. Also on the Income Tax side; we have had some very large income tax refunds also this year that will probably will require some re-appropriation so that we can put that money back in for our other expenses that that is kind of going against right now. End of report. 2  REGULAR MEETING in Council Chambers @ 7:30 p.m. October 12, 17 Dir. of Law: Thank you. I have no report this evening. Dir. of Administration: Thank you. I have no report this evening. Economic Developer: Thank you. On Maplecrest Development; we hit a milestone in that the developer has reached an agreement with Field Schools for the compensation under the TIF Agreement. Originally they were offering 25% revenue to the school district and they have renegotiated to give them 27.5% and so they are going to be able to manage that so that the project can go forward. The next step is for them to engage the County to formally create the TIF District so they will require some legislation on the County level for both creating the district and also entering into that TIF Agreement. End of report. Mr. Rensel: Is there any update or any status on Klaben and their location? Economic Developer: I don’t have any knowledge of that. Mayor: No, there is no movement at this time. They still own that corner there, but I have not heard from Brimfield of when they are moving or when they are going to start construction. Is that what you are talking about? Mr. Rensel: Yes. Yes it is. If ODOT is going to reconfigure that intersection; wouldn’t you want to wait until you know? Mayor: You would want to know what that plan is. Klaben is still not harmed. Mr. Rensel: Not harmed by it? OK. Thank you. Thank you Rita. 10. Ordinance 82-2017 At 3rd Reading. PLANNING & ZONING Amending the zoning map by rezoning P.H. ON 10-25-17 @ 7:31 P.M. the properties of: Ripley Farms, LLC and Frances L. Ripley LLC et al; Robert P. Ripley, Cheryl M. Rocco, Co-Trustee Applicant requested “continuance” and Robert P. Ripley, Co-Trustee; from until the 11-2-17 Planning and Residential-2 to R-6 Residential Open Zoning Meeting Space Planned Development District consisting of approximately 103.7813 acres and approving the general develop- ment plan located at 1229, 1223 and 1241 East Avenue. Pres. of Council: Ord. 82-2017 is at 3rd Reading and will remain before the Planning & Zoning Committee. The applicant has asked for a “continuance” until the 11-2-17 Planning & Zoning Commission meeting. 11. Ordinance 83-2017 At 3rd Reading. COMMUNITY ISSUES/SAFETY Amending Codified Ord. 509.12, State of Emergency and providing for immediate enactment. Ms. Tricaso moved for the adoption of Ord. 83-2017. Seconded Mr. Rensel. Roll Call: Mrs. Kilway, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan – unanimous. Ord. 83-2017 is adopted by a vote of 6-0. 12. Ordinance 84-2017 At 3rd Reading. COMMUNITY ISSUES/SAFETY Approving and adopting a revised Com- prehensive Emergency Operations Plan for the City of Tallmadge and providing for immediate enactment. Ms. Tricaso moved for the adoption of Ord. 84-2017. Seconded Mr. Rensel. Roll Call: Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 84-2017 is adopted by a vote of 6-0. . 13. Ordinance 87-2017 At 3rd Reading. PLANNING & ZONING Extending the performance and mainte- nance guarantees for landscaping within Eastpointe Phase One Planned Residential Development and providing for immediate . enactment. Mr. Sisak moved for the adoption of Ord. 87-2017. Seconded Mrs. Kilway. Pres. of Council: I do have a question on this. I forget, but I think the last extension was three or four years; have they given any updates on when they plan to finish this out? Mayor: They were working through Bob O’Bryan on this and I did not get that from Bob O’Bryan, but I would say that after this one; I would not give them another one. Either we are going to cash the bond in and put the landscaping in ourselves, and go against the bond, or give them the opportunity to get it completed, but I would not go any further. 3  REGULAR MEETING in Council Chambers @ 7:30 p.m. October 12, 17 Pres. of Council: Yeah, because this has been a long time. Roll Call: Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan, Mrs. Kilway, Mr. Rensel – unanimous. Ord. 87-2017 is adopted by a vote of 6-0. 14. Ordinance 88-2017 At 3rd Reading. FINANCE Authorizing the Director of Finance to enter into an agreement with Reimer Law Co. for the purpose of collection of municipal account balances and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 88-2017. Seconded Ms. Tricaso. Roll Call: Ms. Tricaso, Mrs. Allman, Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak – unanimous. Ord. 88-2017 is adopted by a vote of 6-0. 15. Ordinance 90-2017 At 1st Reading. FINANCE Authorizing the Mayor to apply for and receive funding from the 2017 Community Development Block Grant (CDBG) Program year and to enter into a contract for the same and providing for immediate enact- ment. Mrs. Kilway moved for the adoption of Ord. 90-2017. Seconded Mr. Sisak. Mayor: Thank you Mr. Chairman. I didn’t bring this up to Council earlier. This ordinance should have been adopted last year. We did receive the funds, and they are allowing us to do this ordinance now. Pat Sauner left and Andrea came in and didn’t know about this and so that is what this one is is to allow us to do that. In the next one, which is 2018, to allow us to apply for the funding, which we will get some funding, but we need an ordinance to get that. Mrs. Kilway: For the next ordinance; are you requesting 1st Reading adoption? Mayor: Yes. That helps us and then we go to Summit County and this is for the housing program that we have. Roll Call: Mrs. Allman, Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak, Ms. Tricaso – unanimous. Ord. 90-2017 is adopted by a vote of 6-0. 16. Ordinance 91-2017 At 1st Reading. FINANCE Authorizing the Mayor to apply for and receive funding from the 2018 Community Development Block Grant (CDBG) Program year and to enter into a contract for the same and providing for immediate enact- ment. Mr. Sisak moved for the adoption of Ord. 91-2017. Seconded Mrs. Kilway. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman – unanimous. Ord. 91-2017 is adopted by a vote of 6-0. 17. Resolution 7-2017 At 2nd Reading. FINANCE Accepting the amounts and rates as deter- mined by the Summit County Budget Com- mission and authorizing the necessary tax levies; certifying them to the County Fiscal Officer and providing for immediate enact- ment. Mr. Sisak moved for the adoption of Res. 7-2017. Seconded Mrs. Kilway. Roll Call: Mrs. Kilway, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan – unanimous. Res. 7-2017 is adopted by a vote of 6-0. 18. Resolution 9-2017 At 1st Reading. Extending the sympathy of the Council and the Administration to John H. Westren and members of his family in the death of Nancy Jane Westren and providing for immediate enactment. Mr. Rensel moved for the adoption of Res. 9-2017. Seconded Mrs. Kilway. Voice vote 6-0. Res. 9- 2017 is adopted by a vote of 6-0. Mr. Sisak: I moved to adjourn to Executive Session for a Personnel Issue and Pending Litigation. Seconded Mrs. Kilway. Roll Call: Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan, Mrs. 4 Kilway – unanimous. Council went into Executive Session at 7:54 p.m. by a vote of 6-0. REGULAR MEETING in Council Chambers @ 7:30 p.m. October 12, 17 Dir. of Law: For one of the matters that is going to be discussed; there is going to be a conflict of interest with regard to Mrs. Kilway because of a personal relationship that she has and it would result in a conflict, so therefore we would ask you to abstain from that matter. Mrs. Kilway: Absolutely. Mayor: We will do the pending litigation first. Mrs. Kilway: OK, and then I will recuse myself from the personnel issue. Dir. of Law: When you come back out if you could just note the time that you recused yourself on the record when you come out; that would be good. Thank you. Carol Kilway recused herself at 8:10 p.m. from the Executive Session. Pres. of Council: It is 8:18 p.m. and we are back on the floor. 19. ADDITIONAL ITEMS: None. 20. ADJOURNMENT: Mr. Rensel moved to adjourn. Seconded Ms. Tricaso. Voice vote 6-0. The Regular Council meeting of 10-12-17 adjourned at 8:19 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 5