Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:30 p.m. April 26, 18 1. CALL TO ORDER. President of Council Kilway called the Regular Council meeting of Thursday, April 26, 2018 to order at 7:04 p.m. 2. PRAYER: Fr. Mike Matusz, Our Lady of Victory Church, Tallmadge. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: Mrs. Allman, Mr. Carano, Mr. Donovan, Ms. Kilway, Mr. Loughry, Mr. Sisak - all present. Also present were Mayor Kline, Dir. of Pub. Service Rorar, Dir. of Law Raber, Dir. of Finance Gilbride, Dir. of Economic Development Weinberg and Clerk of Council Burton. Dir. of Administration Cooper and Ms. Tricaso were excused. 4. MINUTES: 4-12-18 Regular Council Meeting minutes. Mr. Donovan moved to adopt the Regular Meeting minutes of 4-12-18. Seconded Mr. Carano. Voice vote 6-0. The Regular Council Meeting minutes of 4-12-18 were adopted by a vote of 6-0. FINANCIAL REPORTS: None. 5. PUBLIC HEARINGS: None. 6. COMMUNITY INPUT: Pres. of Council: At this time if anyone would like to come up and address Council they can. No takers again. Alright. 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, DIRECTOR OF ADMINISTRATION AND ECONOMIC DEVELOPMENT DIRECTOR Mayor: Thank you Madame Chairman. We will start off with Bierce’s Hardware. I think most of you know by now that Bierce’s Hardware is getting out of the retail store and that is good for us and good for the Bierce’s. They are joining with Hartville Hardware. We did meet with Hartville Hardware this week and their goal is to be into that hardware store and starting to remodel by July 1st. So the store will be liquidated out and everything in the store will be gutted and then they will come in and remodel and it will take a month or so during the summer to get it ready to go back open. By Labor Day they hope to be up and running. It is really good for Dave and Tom. They really want to focus on their bricks and motor and the Hartville Hardware will take care of the retail store and I think it is a win/win for the City of Tallmadge and so I am happy about that. The Personnel ordinances that Council adopted at the last Council meeting; just to give you an update a little bit on that; the Finance Committee internally met here; Mollie and myself and a group and we are putting those new hires on hold at this time. We have the ability to do it and the Police Department; the position for that spot over there; that is a Civil Service test and that test is not until June 30th and we are continuing with that test because that could take another four months after that to get to that, but the Rec Center position and the internal position here; we are putting those on hold until the midterm financial reports. The Tallmadge Little League Parade is this coming Sunday at 5:00 p.m. and so the weather; it looks like it is going to rain, but maybe it won’t because it is the Little League Parade and I’m sure the parade will go on rain or shine and so I hope to see you all there. The Summa building next door; we met with the developer on that. They are getting close to starting on this next phase of the Summa building with the DaVita Dialysis Unit right beside City Hall. Memorial Day Parade; I’m sure you know that that is coming up here with the Saturday with the Concert in the Park on Saturday, May 20th and the parade and the parade on Monday, May 28th. Did I say the 26th? Pres. of Council: You said the 20th. Mayor: The 26th. Close enough. End of report. Dir. of Pub. Service: Good evening. I have no report at this meeting, but I would like to request passage of No. 18, Ord. 45-2018 at 1st Reading. That is for the additional amounts for the vehicle lift and then No. 19, Ord. 46-2018 and that is for a 2.5 ton dump truck and that is with a plow package on it. If that could also be passed at 1st Reading; that would be great. Mr. Sisak: So, it was 18 and 19? Dir. of Pub. Service: 18 and 19. Mr. Loughry: Mr. Rorar; the Circle looks nice. Thank you. Dir. of Pub. Service: Thank you. The guys did a nice job on it. Mr. Sisak: I have a question for the Service Director. How about the Circle with the deflection signs or the arrows? I saw you put some new ones up; they look kind of similar. Dir. of Pub. Service: The yellow chevrons? We put those three up and then we have the three delineators on West Avenue. Mr. Sisak: Those are the three delineators that I saw. Dir. of Pub. Service: Those are the only ones up right now and we are just trying to get everybody’s input of which works best and which one you know . . . if any of them are . . . Mr. Sisak: Are you asking the driver of the car who ran over it? Then the recycle bins? Dir. of Pub. Service: I am still working on them. We are going to do just I believe two of them and just try them out at the parks and just see how they work and see if they add more burden to our staff or not.  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 26, 18 Mr. Sisak: I just asked that we get recycle bins in some of the ball fields because there are Gatorade bottles primarily and PowerAde and you know and being conscious of the environment and se he is looking into it. But, I thought we could add it on as just a service within the City, but it is a few hundred dollars for a bin; $500.00. Dir. of Pub. Service: Yeah, but they are strategically designed so you are only supposed to put pop cans and other things in them and they are not supposed to be opened up and have stuff dumped in them. Using a regular trash can is not that easy because it ends up having trash in it by the end of the week. Mr. Sisak: Thank you. Dir. of Finance: I have nothing to report this evening. Dir. of Law: Just put in another plug for my programs coming up. I am working in conjunction with “Start Talking Tallmadge” at the high school. We have the N.O.P.E. Program coming up next Monday evening at 6:30 p.m. at the high School auditorium. I would really encourage if you can possibly come out for that to do that. I know that it has been on the City’s Facebook page and share that with friends and family that you know. It is a really important issue and again, this is not just addressing illicit use of drugs like heroin, but also just opioids in general and prescription drug abuse which is really common and can be deadly and so we just want to raise awareness of that in our community. “Start Talking Tallmadge” who helped me put together the presentation which included videos of the actual seniors kind of acting out some skits and stuff to make it a little bit more interesting for them to learn about those rights and responsibilities. Lastly, we are doing a Drug Takeback Day this Saturday. It will be at the Tallmadge Police Department as well as the Acme from 10:00 a.m. to 2:00 p.m. and so if you want to use this as an opportunity to clean out all of your cabinets of prescription and non-prescription medications; please feel free to do so. Thank you. End of report. Pres. of Council: Dir. of Administration is not here. Is there anything in addition for him? Mayor: Just to let you know, Mr. Cooper’s brother, Steve Cooper, passed away last weekend and so Don was out of State. He flew back last night about 3:00 a.m. and he was back in the office for a little bit today, but he will be in the office tomorrow. Stephen Cooper; he lived in Utah. Pres. of Council: I am so sorry to hear that. Thank you Mayor. Economic Developer: Just one announcement. WardJet, which is one of our industrial businesses on South Avenue; they manufacture water jet cutting machines; they have been purchased by a company out of Canada called AXYZ International and this is going to be; it is a very synergistic relationship. They are an industrial router company with markets obviously in Canada and the in the UK and so they will be able to add the water jets to their line and increase sales for WardJet and they will be increasing their employment by about 50% over the next 24 months. They currently employ 91 and they have a commitment to stay in Tallmadge at least as far as we know, and the current leadership is going to stay on for probably another five years. End of report. 10. Ordinance 29-2018 At 3rd Reading. PLANNING & ZONING Rejecting a conditional zoning certificate to property owner BGR Warehouse, LLC and applicant T&T Retail LLC, Tyra Zwick for an amusement arcade at 132 Osceola Avenue. Mr. Donovan moved for the adoption of Ord. 29-2018. Seconded Mr. Sisak. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Carano – unanimous. Ord. 29-2018 is adopted by a vote of 6-0. 11. Ordinance 35-2018 At 3rd Reading. PLANNING & ZONING Approving and granting a conditional zoning certificate for special nonresidential develop- ment to property owner John Anderson/ Anderson Family LTD, and applicant All Heart Cross Fit for a fitness center/fitness class at 4481 Crystal Parkway Suites 800 and 900. Mr. Donovan moved for the adoption of Ord. 35-2018. Seconded Mr. Sisak. Roll Call: Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Donovan – unanimous. Ord. 35-2018 is adopted by a vote of 6-0. 2  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 26, 18 12. Ordinance 36-2018 At 3rd Reading. PUBLIC SERVICE Authorizing the Director of Public Service to prepare plans, specifications, and cost estimates for purchase and installation of street lighting on Kensington Park Drive, Kensington Park Circle and a portion of Clark Drive and providing for immediate enactment. Mrs. Allman: As the sponsor of this legislation; I would like to move to withdrawn Ord. 36-2018. Seconded Mr. Sisak. Mr. Loughry: Just an explanation basically for the minutes. The difference between rejecting this ordinance and withdrawing it going forward . . . Dir. of Law: Well, withdrawing it just means that there is not an official vote on it. It is going to be removed . . . you are just going to vote on whether or not to withdraw it so if you really want to take a vote on it tonight; you could vote against withdrawing it, but otherwise there . . . it is basically as though this ordinance did not actually have a vote. So it is not moving forward for an official vote to adopt or reject. Mr. Loughry: So then what is the status of the existing petition? Dir. of Law: So the petition would still be out there and it did not meet the requirements, so this was by Councilmatic . . . so this was going to be by Councilmatic action. Mr. Loughry: OK, so it is not like the petition could be . . . they could get additional signatures on the existing petition? Dir. of Law: They could. They could decide to continue to collect signatures. Mr. Loughry: So, if we were to reject; would they have to start all over and carry a new petition or would they still have the option of getting additional signatures on the existing petition? Dir. of Law: Probably would have to get a new one. I don’t know positively from the floor, but I believe that that would probably be the process. Mr. Loughry: OK. Thank you. Pres. of Council: OK, we have a motion to withdraw the petition and a second. Any further discussion? Clerk. Roll Call: Mr. Loughry – Mr. Loughry: The motion is to withdraw; correct? Pres. of Council: Yes. Mr. Loughry: Then, no. Roll Call (Cont’d.) Mr. Sisak - yes, Mrs. Allman – yes, Mr. Carano – yes, Mr. Donovan – yes, Mrs. Kilway – yes. Ord. 36-2018 has been withdrawn with a vote of 5-1. 13. Ordinance 37-2018 At 2nd Reading. FINANCE Authorizing the Mayor to enter into an agreement with Lehner Screw Machine, LLC for a New Jobs Program Grant pur- suant to T.C.O. 160.05 and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 37-2018. Seconded Mr. Donovan. Roll Call: Mr. Sisak, Mrs. Allman, Mr. Carano, Mr. Donovan, Mrs. Kilway, Mr. Loughry – unanimous. Ord. 37-2018 is adopted by a vote of 6-0. 14. Ordinance 38-2018 At 2nd Reading. FINANCE Authorizing the Mayor to enter into an agreement with R.W. Martin & Sons, Inc. for a New Jobs Program Grant pursuant to T.C.O. 160.05 and providing for imme- diate enactment. Mr. Sisak moved for the adoption of Ord. 38-2018. Seconded Mr. Donovan. Roll Call: Mrs. Allman, Mr. Carano, Mr. Donovan, Mrs. Kilway, Mr. Loughry, Mr. Sisak – unanimous. Ord. 38- 2018 is adopted by a vote of 6-0. 15. Ordinance 40-2018 At 2nd Reading. FINANCE Supplementing Chapter 182 of the Codified Ordinances of the City of Tallmadge regard-ing Municipal Income Tax and providing for immediate enactment. Pres. of Council: Ord. 40-2018 is at 2nd Reading and will remain before the Finance Committee. 3  REGULAR MEETING in Council Chambers @ 7:30 p.m. April 26, 18 16. Ordinance 43-2018 At 2nd Reading. FINANCE Authorizing the Mayor to enter into a con-tract for the lease/purchase of a street sweeper through the State Purchasing Program and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 43-2018. Seconded Mr. Donovan. Roll Call: Mr. Carano, Mr. Donovan, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman – unanimous. Ord. 43-2018 is adopted by a vote of 6-0. 17. Ordinance 44-2018 At 1st Reading. COMMUNITY ISSUES/SAFETY Accepting a Sub-recipient Communities Preventing Chronic Disease Grant from Summit County Public Health and pro- viding for immediate enactment. Pres. of Council: Ord. 44-2018 is at 1st Reading and is assigned to the Community Issues/Safety Committee. 18. Ordinance 45-2018 At 1st Reading. FINANCE Appropriating additional amounts and pro- viding for immediate enactment. Mr. Donovan moved for the adoption of Ord. 45-2018. Seconded Mr. Sisak. Dir. of Pub. Service: This is to fund the vehicle lift that was not anticipated at the start of the year. Everything was working out well. It is inspected annually, but it is 26 years of age and they don’t make the parts that need replaced. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Carano – unanimous. Ord. 45-2018 is adopted by a vote of 6-0. 19. Ordinance 46-2018 At 1st Reading. FINANCE Authorizing the Mayor to enter into a con- tract for the lease/purchase of a 2.5 ton dump truck through the State Purchasing Program and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 46-2018. Seconded Mr. Sisak. Mr. Loughry: The same questions as before. What will be the length of the lease and how long should the vehicle last? Dir. of Finance: The lease is actually going to be bundled with the street sweeper and so it will be one lease to pay for both items. Dir. of Pub. Service: Those dump trucks; you can get 15 years out of them. Mr. Loughry: OK. Thank you. Roll Call: Mrs. Kilway, Mr. Loughry, Mr. Sisak, Mrs. Allman, Mr. Carano, Mr. Donovan – unanimous. Ord. 46-2018 is adopted by a vote of 6-0. 20. Ordinance 47-2018 At 1st Reading. FINANCE Amending Ord. 106-2003 and Chapter 125.03 of the Tallmadge Codified Ordi- nance relating to the program for payment of fees owed to the City by financial trans- action devices; designating the Dir. of Finance as the administrator; setting forth the procedures and convenience fees therefore; and providing for immediate enactment. Pres. of Council: Ord. 47-2018 is at 1st Reading and is assigned to the Finance Committee. 21. Ordinance 48-2018 At 1st Reading. FINANCE Authorizing the City of Tallmadge, the Township of Brimfield and the JEDD Board to adjust the 10% JEDD Maintenance and 4  Improvement Fund for 2015 and 2016 for the Joint Economic Development District (JEDD). Pres. of Council: Ord. 48-2018 is at 1st Reading and is assigned to the Finance Committee. REGULAR MEETING in Council Chambers @ 7:30 p.m. April 26, 18 Mr. Loughry: Mrs. Kilway; a question because I will not be here at our next meeting and this ordinance may come up for adoption. Could I have an explanation of this please? Mayor: Yes, in the 2015 . . . part of the JEDD; the Tallmadge JEDD; the Tallmadge/Brimfield JEDD; we sent them 50%, but 10% of that goes into a maintenance fund as you recall and so they have to put it into their Capital Improvement and when Mollie sent over the amount, they messed up and instead of taking the full 10% of that, one portion for the maintenance; they ended up in 2015 taking 8% and in 2016 was a different percentage; 5% to pay for their normal operations. They thought they could . . . Mr. Loughry: So, are we giving them additional money or are we just reallocating existing money? Dir. of Finance: No, it is about where they put the money when they got it. It is no . . . they have all the money they should have and we have all the money that we should have. The issue is that when they received the money, they did not allocate it to the proper funds. Mr. Loughry: Thank you and I won’t be here, but I don’t have any problems with this so thank you very much. Pres. of Council: Thank you Mr. Loughry; thanks for the clarification. Is there anything else on this ordinance? No one responded. 22. ADDITIONAL ITEMS: None. 23. ADJOURNMENT: Mr. Donovan moved to adjourn. Seconded Mr. Sisak. Voice vote 6-0. The Regular Council meeting of 4-26-18 adjourned at 7:59 p.m. sb Approved: _________________________________ ____________________________________ Susan E. Burton, Clerk of Council Carol A. Kilway, President of Council 5