Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:30 p.m. December 14, 17 1. CALL TO ORDER: President of Council Donovan called the Regular Council meeting of Thursday, December 14, 2017 to order at 7:30 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Mrs. Allman, Mr. Donovan, Mrs. Kilway, Mrs. Ray, 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, Dir. of Administration Cooper, Economic Developer Weinberg and Clerk of Council Burton. 4. MINUTES: 11-9-17 Regular Council meeting minutes. Mrs. Ray moved to approve the 11-9-17 Regular Council Meeting minutes. Seconded Mr. Sisak. Voice vote 7-0. The 11-9-17 Regular Council meeting minutes were approved by a vote of 7-0. FINANCIAL REPORTS: • SMR Transfer in the amount of $150,000 to Council on 11-30-17. • Police Pension Transfer in the amount of $20,000 to Council on 11-30-17. • Community Development Block Grant Transfer in the amount of $25,750 to Council on 11-30-17. • Fire/EMS Capital Fund Transfer in the amount of $64,000 to Council on 11-30-17. • Fire Transfer in the amount of $200,000 to Council on 11-30-17. • Abandon Gas Station Clean-Up Fund Advance in the amount of $50,000 to Council on 11-30-17. • Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 11-30-17 to Council on 12-1-17. • Tallmadge Recreation Center Profit and Loss Report for the period ending 11-30-17 to Council on 12-6-17. • Income Tax Comparisons for the period ending 11-30-17 to Council on 12-6-17. • Revenue Comparisons for the period ending 11-30-17 to Council on 12-6-17. • November Financial Reports to Council on 12-6-17. • Consolidated Investment Portfolio for the period ending 11-30-17 to Council on 12- 6-17. 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: Ordinance 82-2017 At 3rd Reading. PLANNING & ZONING Amending the zoning map by rezoning P.H. ON 12-14-17 @ 7:31 P.M. properties of: Ripley Farms, LLC and Frances L. Ripley LLC et al; Robert P. P&Z REC. APPROVAL 4-0 Ripley; Cheryl M. Rocco, Co-Trustee and Robert P. Ripley, Co-Trustee; from Residential-2 to R-6 Residential Open 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: It is now 7:35 p.m. and I will call the public hearing for Ord. 82-2017 open. Is there anybody who would like to speak in favor of Ord. 82-2017? Please come forward to the microphone and state your name and address for the record. Rich Costin, representing McKinley Development, 1201 S. Main Street, North Canton, Ohio. Pres. of Council: Council; any questions? No one responded. Thank you very much. Is there anyone who would like to speak against Ord. 82-2017? Jud Newman, 980 East Avenue, Tallmadge. Ernest Massoli, 177 Parker Lane, Tallmadge. Rich Neupert, 41 Washburn, Tallmadge Rich Pacacha,1230 East Avenue, Tallmadge. Brenda Filco, 257 Parker Lane, Tallmadge. Terry Bower, 117 Washburn Road, Tallmadge. Nathan Richards, 104 Kevin Drive, Tallmadge. Barbara Sipe, 168 Parker Lane, Tallmadge. Steve Bower, 117 Washburn Road, Tallmadge. Rick Weyendt, 65 Parker Lane, Tallmadge. Mr. Sisak moved for the adoption of Ord. 82-2017. Seconded Mrs. Ray. Pres. of Council: Roll please. Mrs. Kilway – yes, Mrs. Ray – yes, Mr. Rensel – no, Mr. Sisak – yes, Ms. Tricaso – yes, Mr. Donovan – yes, Mrs. Allman – yes. Ord. 82-2017 is adopted by a vote of 6-1.  REGULAR MEETING in Council Chambers @ 7:30 p.m. December 14, 17 Ordinance 92-2017 At 3rd Reading. FINANCE Adopting a budget for various funds of P.H. ON 12-14-17 @ 7:36 P.M. the City of Tallmadge, Ohio for current and other expenditures during fiscal year ending December 31, 2018, appropriating the necessary funds for the administration thereof, authorizing transfers between funds, and providing for immediate enactment. Pres. of Council: It is now 8:30 p.m. and I call the public hearing for Ord. 92-2017 open. Is there anybody . . . oh, I guess I have to let you read it; right? Clerk read the ordinance into the record. Is there anyone who would like to speak in favor of Ord. 92-2017? No one responded. Is there anyone who would like to speak against Ord. 92-2017? No one came to the podium. Is there anyone opposed? No one responded. Last and final call; is there anyone in favor of Ord. 92- 2017? Mayor: This is the most important document we adopt. A $33 million dollar budget we are dealing with. Pres. of Council: It is now 8:31 p.m. and I call the public hearing for Ord. 92-2017 closed and I will recognize the Finance Committee; Mrs. Ray. Mrs. Ray: I will make a motion to adopt Ord. 92-2017. Seconded Mr. Sisak. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 92-2017 is adopted by a vote of 7-0. 6. COMMUNITY INPUT: Pres. of Council: Tallmadge City Council meets on the second and fourth Thursday’s of the month with Council Committee meetings starting at 7:00 p.m. followed by the Regular Council meeting at 7:30 p.m. 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. These meetings are recorded. I believe we have a guest here this evening. Mayor: Mr. Chairman, we do have Senator Sykes in the audience here. He is the Senator of the 28th District in the State of Ohio. If you would like to say a couple words; you are welcome to the podium. Thank you for coming in tonight. Senator Sykes: Thank you Mayor, Mr. President and members of Council and the Administration and those citizens here. I appreciate the opportunity to come and just say hello. I represent the Senate District here. This is my first year of representing this district. I am getting around to all of the different communities. There are ten communities in the greater Akron area with 330,000 people and so I have been making my rounds. Lloyd Alger, 515 East Riddle Avenue, Ravenna. I wanted to say thank you to Kim Ray and to John Rensel on your last meeting. I will be sorry to see you go. I know we have had our disagreements in the past, several of them, but that is all by the wayside and I wanted to make sure that at least once on the record that I said thank you for your service and dedication John and Kim. I was saying to Jessica here a moment ago; I said that once you both go, the only one that will have been here as long as I have is Donovan. So congratulations; you are the last man standing! Anyway, I want to say thank you for your service. 6.A. ANNOUNCEMENTS: • Appointment of 2 Council members to serve on the “Veterans Committee.” Mrs. Kilway: I would like to make a motion for Council’s appointments to the Veterans Committee to be the American Legion members; Mr. Jim Forsythe and Mr. Don Wertz. Seconded Mrs. Ray. Pres. of Council: Is there anything else? No one responded. I think they are two great members; absolutely. Do we just need a voice vote? Mayor: Voice vote. All voted aye and the motion carried by a vote of 7-0. Pres. of Council: There will also be an Executive Session after the reports of the Administrative Officers to discuss collective bargaining matters and pending court action. 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 brief because I know it is a long night and we still have a lot to go. Thank you Council for your work this year and I will talk about you other two at the end of the agenda. I ask Council for their consideration for Item 10, 11, 12, 17, 18, 19, 20, 21, 22, and 23. We will talk about those as they come up. Some of them are at 1 st Reading and some are at 3rd Reading. One other thing, we did have our first Safety meeting today for our Disaster Plan. Mr. Cooper put it on with our outside consultant. It was an excellent meeting and Council will get 2  involved in these sessions in case of what to do in a disaster. It was a great meeting today. End of report. REGULAR MEETING in Council Chambers @ 7:30 p.m. December 14, 17 Dir. of Pub. Service: Good evening. I have no report this evening. Dir. of Finance: No report. Dir. of Law: No report. Thank you. Dir. of Administration: No report. Thank you. Economic Developer: No report. Pres. of Council: If someone would like to make a motion to go into Executive Session? Mrs. Ray: Mr. Donovan, I would make a motion to adjourn into Executive Session to discuss collective bargaining matters and pending court action. Mrs. Kilway: I would like to second that with the stipulation that I will only be involved in the litigation portion and not the collective bargaining because my husband is on the part-time Fire Department. I will leave the executive session at that time. Roll Call: Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Council voted 7-0 to adjourn to go into Executive Session at 8:48 p.m. Mrs. Kilway left the Executive Session at 8:57 p.m. Pres. of Council: It is now 9:05 p.m. and we are back from Executive Session. 10. Ordinance 77-2017 At 3rd Reading. PLANNING & ZONING Approving and adopting a revised Com- prehensive Plan for future development. P&Z REC. APPROVAL 4-0 Mr. Sisak moved for the adoption of Ord. 77-2017. Seconded Mrs. Ray. Roll Call: Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel – unanimous. Ord. 77-2017 is adopted by a vote of 7-0. 11. Ordinance 95-2017 At 3rd Reading. PERSONNEL Clarifying and defining personnel benefits and policies for non-collective bargaining employees and providing for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 95-2017. Seconded Mrs. Ray. Roll Call: Ms. Tricaso, Mrs. Allman, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak – unanimous. Ord. 95-2017 is adopted by a vote of 7-0. 12. Ordinance 97-2017 At 3rd Reading. FINANCE Appropriating additional amounts for various funds and providing for imme- diate enactment. Mr. Sisak moved for the adoption of Ord. 97-2017. Seconded Mrs. Allman. Roll Call: Mrs. Allman, Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso – unanimous. Ord. 97-2017 is adopted by a vote of 7-0. 13. Ordinance 100-2017 At 2nd Reading. PERSONNEL Authorizing the Mayor to enter into an agreement with the Tallmadge Firefighters Association consisting of Tallmadge Part- Time Fire-fighters and providing for imme- diate enactment. Pres. of Council: Ord. 100-2017 is at 2nd Reading and will remain before the Personnel Committee. 14. Ordinance 102-2017 At 2nd Reading. PLANNING & ZONING Accepting the dedication of streets within Baker’s Acres Phase II Sub- division for public purposes; setting performance and maintenance guar- antees therefore and providing for immediate enactment. Pres. of Council: Ord. 102-2017 is at 2nd Reading and will remain before the Planning & Zoning Committee. 3  REGULAR MEETING in Council Chambers @ 7:30 p.m. December 14, 17 15. Ordinance 104-2017 At 1st Reading. FINANCE Amending portions of Chapter 182 of the Codified Ordinances of the City of Tall- madge regarding municipal income tax and providing for immediate enactment. Pres. of Council: Ord. 104-2017 is at 1st Reading and is assigned to the Finance Committee. 16. Ordinance 105-2017 At 1st Reading. FINANCE Amending and supplementing Tallmadge Codified Ordinances Section 125.01 as to investment of City funds and providing for immediate enactment. Pres. of Council: Ord. 105-2017 is at 1st Reading and is assigned to the Finance Committee. 17. Ordinance 106-2017 At 1st Reading. PLANNING & ZONING Authorizing the creation and acceptance of a drainage and pedestrian access ease- ment at Parcel 6001733 from Shepherds Pasture for All Nations to the City and pro- viding for immediate enactment. Mr. Sisak moved for the adoption of Ord. 106-2017. Seconded Mrs. Kilway. Mayor: This is the Tallmadge Bowling Alley site right behind the site. This will be storm water detention from the Waltco parking lot that will go onto this site and it also allows a trail to be formed along Waltco and Shephard’s Pasture back to the hike and bike trail. This allows me to negotiate and enter into a lease agreement for that. Roll Call: Mr. Donovan, Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman – unanimous. Ord. 106-2017 is adopted by a vote of 7-0. 18. Ordinance 107-2017 At 1st Reading. FINANCE Amending and supplementing Ordinance 76-2017 to amend rates, charges, and fees for all recreational facilities and providing for immediate enactment. Mrs. Ray moved for the adoption of Ord. 107-2017. Seconded Mr. Sisak. Roll Call: Mrs. Kilway, Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan – unanimous. Ord. 107-2017 is adopted by a vote of 7-0. 19. Ordinance 108-2017 At 1st Reading. FINANCE Authorizing the Director of Law to enter into an agreement with the law firm Walter/ Haverfield jointly with the Regional Income Tax Agency and other municipalities for purposes of initiating litigation and/or negotiating for settlement a challenge the constitutionality of amendments to Chapter 718 of the Ohio Revised Code relating to municipal income tax and declaring imme- diate enactment. Mrs. Ray moved for the adoption of Ord. 108-2017. Seconded Mr. Sisak. Roll Call: Mrs. Ray, Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 108-2017 is adopted by a vote of 7-0. 20. Ordinance 109-2017 At 1st Reading. PERSONNEL Authorizing the Mayor enter into an agreement for an Employee Wellness Program and providing for immediate enactment. Mrs. Kilway moved for the adoption of Ord. 109-2017. Seconded Ms. Tricaso. Roll Call: Mr. Rensel, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Donovan, Mrs. Kilway, Mrs. Ray – unanimous. Ord. 109- 2017 is adopted by a vote of 7-0. 4  REGULAR MEETING in Council Chambers @ 7:30 p.m. December 14, 17 21. Resolution 10-2017 At 1st Reading. Expressing the appreciation of the Council and Administration to Jack Phillip upon his retirement from service with the City of Tallmadge and providing for immediate enactment. Mr. Rensel moved for the adoption of Res. 10-2017. Seconded Mrs. Kilway. Voice vote 7-0. Res. 10-2017 is adopted by a vote of 7-0. 22. Resolution 11-2017 At 1st Reading. Extending the appreciation of the Council and Administration to John Westren upon his retirement from service with the City of Tallmadge and providing for immediate enactment. Mr. Rensel moved for the adoption of Res. 11-2017. Seconded Ms. Tricaso. Voice vote 7-0. Res. 11-2017 is adopted by a vote of 7-0. 23. Resolution 12-2017 At 1st Reading. Extending the sympathy of the Council and Administration to the children of Frances L. Weirs and members of their families in the death of Frances L. Weirs and providing for immediate enactment. Mr. Rensel moved for the adoption of Res. 12-2017. Seconded Mrs. Kilway. Voice vote 7-0. Res. 12-2017 is adopted by a vote of 7-0. Pres. of Council: Is there anything else to come before Council? Mayor: Yes, thank you. I would like to thank Mrs. Ray for your dedication to the City of Tallmadge. Your years, 8 years I think it is very close to 8 years service . . . Mrs. Ray: Nine. Mayor: So thank you for your dedication to the City of Tallmadge and it has been a true honor working with you and the finance level that you bring to this Council; it is very, very good to have you on our side. Mr. Rensel; you and I sat on Council back in 1995 when we first started on Council and I admire you for what you have done for the City of Tallmadge. Very great dedication to the City of Tallmadge; both of you, but Mr. Rensel has been here the longest. 20 years; slightly over 20 years and thank you so much for your service to the City. A lot of your wisdom and that . . . we may not have always agreed, but I always respected you for what you did for the City and for the residents here. Thank you again for your service and dedication. I’m sure I will see you out and about; both of you and so we will get you involved in something else. Mr. Rensel: Thank you very much. Mrs. Ray: Thank you very much. Pres. of Council: I would like to echo that to Kim. I always appreciated that you always dug a little deeper and always asking other questions and always brought something up that probably would have gone unnoticed. So, I appreciate that you did put in the time and weren’t afraid to bring things up in Council. Mrs. Ray: Thank you. I appreciate that. Pres. of Council: Mr. Rensel, always another point of view and you have been a great friend to me since I have been on Council and I have always appreciated your input also. Thank you. Mr. Rensel: You’re welcome. Mr. Sisak: I would like to thank both of them as well for their input, wisdom and dedication to the City. Dir. of Law: I would also like to echo those comments that everyone has shared. Both of you bring a level of professionalism to Council and you are both dedicated to the citizens of Tallmadge and I have appreciated your service and being able to serve with you. . Mrs. Kilway: I am just going to say ditto. Thank you so very much for everything. Ms. Tricaso: Thank you. Mrs. Ray: Well, thank you. It has been a privilege and I’m going to cry; it has been a privilege and an honor to work with each one of you and I am really hoping that whoever sits in this chair next to you guys could really spring for . . . because this darn thing has been broken for like 6 years and I am taking this (nameplate). No, but really it has been a pleasure and an honor and yeah; I won’t be a stranger I promise. Pres. of Council: Is there anything else to come before Council this evening? Mr. Rensel: I would just like to say thank you too; to the Council; a number of you I have known for many years now and the newcomers and to Michael Carano who is going to take my place here I 5 wish you all the best. Administration; I think you have really worked hard to exude professionalism in your jobs and that is important to the City of Tallmadge. Over the years working where I did in downtown Akron; I heard so many stories about other communities; Green, Norton, and it goes on about the Wild West these people and even somewhat on City Council in Akron, you never knew REGULAR MEETING in Council Chambers @ 7:30 p.m. December 14, 17 Mr. Rensel (Cont’d.) where they were coming from and fights being broken up by Council members and Administration. You didn’t have that here. We had professionalism and I really appreciate that coming from where I come and I am going to miss that. I will miss you all and best of luck. You have a good budget and there is a lot of opportunity out there and just do what you do and do it best. Thank you. 24. ADDITIONAL ITEMS: None. 25. ADJOURNMENT: I move to adjourn. Seconded Ms. Tricaso. Voice vote 7-0. The Regular Council meeting of 12-14-17 adjourned at 9:24 p.m. sb Approved: _____________________________________ __________________________________ Susan E. Burton James M. Donovan Clerk of Council President of Council 6