Tallmadge City Council Regular Business Meeting (2013-2019)

REGULAR MEETING in Council Chambers @ 7:30 p.m. August 9, 18 1. CALL TO ORDER. President of Council Kilway called the Regular Council meeting of Thursday, August 9, 2018 to order at 7:31 p.m. 2. PRAYER: Silent prayer. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: Mr. Carano, Mr. Donovan, Ms. Kilway, Mr. Loughry, Mr. Sisak, Ms. Tricaso, Mrs. Allman - all present. Also present were Mayor Kline, Dir. of Pub. Service Rorar, Dir. of Finance Gilbride, Dir. of Law Raber and Clerk of Council Burton. Dir. of Administration Cooper and Dir. of Economic Development Weinberg were excused. 4. MINUTES: 7-12-18 Regular Council Meeting minutes. Mr. Sisak moved to adopt the Regular Meeting minutes of 7-12-18. Seconded Ms. Tricaso. Voice vote 7-0. The Regular Council Meeting minutes of 7-12-18 were adopted by a vote of 7-0. 5. FINANCIAL REPORTS: • Street Maintenance & Repair Transfer in the amount of $100,000 to Council on 7-31-18. • General Infrastructure Transfer in the amount of $65,000 to Council on 7-31-18. • Bond Retirement Transfer in the amount of $100,000 to Council on 7-31-18. • Appropriation Report, Fund Report, Revenue Report, and Encumber Report for the period ending 7-31-18 to Council on 8-1-18. • Tallmadge Recreation Center Profit and Loss Report for the period ending 7-31-18 to Council on 8-3-18. • Income Tax Comparisons for the period ending 7-31-18 to Council on 8-3-18. • Revenue Comparisons for the period ending 7-31-18 to Council on 8-3-18. • July Financial Reports to Council on 8-3-18. • Consolidated Investment Portfolio for the period ending 7-31-18 to Council on 8-3-18. Mr. Sisak moved for the acceptance of the Financial Reports. Seconded Mr. Donovan. Voice vote 7-0. The Financial Reports submitted by Dir. of Finance Gilbride were accepted by a vote of 7-0. 6. PUBLIC HEARINGS: Ordinance 53-2018 At 3rd Reading. PUBLIC SERVICE Supplementing the Tallmadge Codified P.H. ON 8-9-18 @ 7:33 P.M. Ordinances by establishing Chapter 1192 Management Administration, and Control of the Use of the City’s Public Rights-of-Way. Pres. of Council: We are in receipt of Exhibit A Addendum and Exhibit A Addendum memo explaining the changes. We have all received the memo that does explain the changes. They were on our desks here. Dir. of Law: Madame President, I would just like to ask . . . you know this ordinance is a complicated ordinance and so after the public hearing today I am not asking for adoption. I would ask that it just be held one more time to make sure . . . we believe we have it in the final format, but just give us a little bit more time to make sure that everything is just the way that it needs to be. Pres. of Council: Very understandable. Yes, it is very difficult reading; that’s for sure. It is now 7:35 p.m. and I call the public hearing for Ord. 53-2018 open. Is there anyone who would like to speak in favor of Ord. 53-2018? 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. 53-2018? No one responded. Second time; is there anyone who would like to speak in favor of Ord. 53-2018? No one responded. Is there anyone who would like to speak against Ord. 53-2018? No one responded. Third and final time; is there anyone who would like to speak in favor of or against Ord. 53-2018? No one responded. It is now 7:36 p.m. and I will call the public hearing for Ord. 53-2018 closed and I will recognize the Public Service Chair, Mrs. Allman. Mrs. Allman: I open the Public Service Committee; myself, Mr. Loughry and Mr. Donovan are present in reference to Ord. 53-2018 at 3rd Reading. Committee; are you ready to adopt this ordinance? Mayor: No, we just asked you to give it a 3rd Reading. Mrs. Allman: Oh, OK. Committee; is it OK to give it a 3rd Reading? Mr. Loughry: I agree. Mrs. Allman: Mike, do you have something? Mr. Carano: I would like to comment if I may at this time. The . . . I understand that it is a very complicated issue in terms in terms of . . . and I am not completely knowledgeable on the issue, so I lack knowledge in many areas, but I have done some reading and I am a little concerned if they are going to put these . . . I know the State has pretty much taken away local control so that we can’t control where these poles are put. They have sort of given it to the people who are  REGULAR MEETING in Council Chambers @ 7:30 p.m. August 9, 18 Mr. Carano (Cont’d.) going to be putting the poles in to some degree and some of this stuff that I have read says that there may be some safety issue in regard to these micro waves and I am no expert on it and so I am not trying to act like I am in any way, but I think there are a lot of unasked questions, but we may be limited of course because of the State and what they have done. So, my hope is; will there be anything in this that possibly if there is personal harm to . . . you know data comes out in the future that these things are rather harmful; will there be any outs where the community may be able to take action to do things or are we still going to be limited? Dir. of Law: So, to answer your question; the State has definitely preempted most of things that we can do. We did work with a consultant; Ice Miller; who is a firm in Columbus who has helped draft these right-of-way ordinances and actually worked as it related to the initial legislation that was passed by the State Legislature and then ultimately there were some legal battles. They were involved in a lot of the cases, and so they have been consulting with us on this and this is . . . we are exercising to the fullest extent our ability to make choices and control to the extent that we can. The State has preempted it and also going along with this will be a guidebook that is also significant in length and so we are exercising what we can right now to the extent that if later it is found that it is harmful or problematic; Council can always adopt or amend the legislation and again right now we are doing it to the fullest extent that we can based on the State Legislature has done. Mr. Carano: Well, see because . . . of course I know the State . . . say when you look at the fracking issue when that first occurred when they started doing fracking. Before the fracking really got started in full, the State had moved local control to a small group of like 8 people to make decisions in that regard and my fear is that sometimes we as communities are a few steps behind the interests; the money interests or you know doing these things for a profit and then they take away local control. We are then at a disadvantage and so you know; you are the Law Director, and I think you are doing a fine job, and any way that you can protect the people of Tallmadge and whatever you can within the legislation; the parameters of what the limitations are due to the State, I would really appreciate it. Thank you. Dir. of Law: Yes, and that is what we have done and also kind of the end result was kind of a way to resolve some of the litigation that was going on from the original bill and so that is why there was an amended bill passed that did listen and so some of the original concerns were that originally some of these poles were going to be 100’ high with these micro wireless facilities on the top and now there is a maximum height of 40’ which is much more akin to what your normal utility pole would be. Those sorts of things giving cities the flexibilities within historic areas to regulate and so it was . . . neither side got everything they wanted, so it is more of a compromise which probably, again, you know part of what we have seen quite a bit with the State is that they are preempting more and more municipal and local control. This is another example of that but it is a compromised resolution with municipalities input in the process at least. Mr. Carano: Yes, and the aesthetics part, and I am glad you brought that up too, because you know, when someone is going to get one of these put somewhere, you know, you will probably be hearing complaints from people. Dir. of Law: Right and there is a certain amount . . . the guidelines will give us some ability to regulate what that looks like. Again, we are going to exercise it to the fullest extent that we can under the State law. Mr. Carano: Thank you Ms. Raber for that. Mrs. Allman: Is there anyone else? No one responded. We are going to leave this at 3 rd Reading and I close committee. 7. COMMUNITY INPUT: Pres. of Council: We actually have community so I can read this. The 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 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. Is there anyone who would like to address Council; please come forward and state your name and address for the record. No one responded. 8. ANNOUNCEMENTS: None. 9. REPORTS OF SPECIAL COMMITTEES: Mayor: I would like to at least talk a little bit about the Fire Study. I know the committee has not gotten back together in some time. We are still doing land acquisition or trying to figure that out at Southeast Six Corners. We have been dealing with six separate parcels around and in proximity to Southeast Six Corners and we have done some cost analysis. We have done some appraisals; we have done some negotiations with the property owners and to date we still have nothing to report back to the committee to get it together, but I think we have one somewhat promising on Southeast Avenue and I will leave it at that until we can actually firm that up and then the committee will pull that back together. Once we can figure this land out, then everything is going to fall together and the pieces parts will come together, but we are still working on that land acquisition. 2  REGULAR MEETING in Council Chambers @ 7:30 p.m. August 9, 18 10. AGENDA ADDITIONS: We do have the receipt of the Exhibit “A” Addendum from the Law Director which was already discussed. 11. REPORTS OF ADMINISTRATIVE OFFICERS: MAYOR, DIR. OF PUBLIC SERVICE, DIR. OF ADMINISTRATION, DIR. OF ECONOMIC DEVELOPMENT, DIR. OF FINANCE AND DIR. OF LAW. Mayor: Thank you. Today we attended the AA Blueprint’s 50th Anniversary even though they are located in Akron, but the Scalia’s all live in Tallmadge. It was a great event and they are a great company to be there and if you have the opportunity to go to AA Blueprint, which a lot of people use them, the stuff that they produce out of that office is just phenomenal and they are very good to the community, not only to the city but also to the school district for the brochures that they put together. Our City map is produced by them; that big map . . . when I say produced, I mean printed by them and that big map that we have are produced by them and so hats off to the Scalia’s for 50 years of service. The gas rate aggregation is up this November. I am happy to . . . well, our current rate is $3.39 per mcf and if I would fix it today it would be $3.16, but I had the opportunity a week ago to fix it at a rate of $3.09 for a three-year period. So we are locked in for the next 3 years at $3.09. It is the lowest it has ever been. The rates are now going back up. There was just a window of opportunity that we were able to jump on and so I am happy to announce that. We will do a press release coming out. The opt-out letters will be going out. The SCO rate as of today is $3.06 and so we were really close to SCO and they just announced; it was in today’s paper, that the SCO rate starting the 14th of August is $2.89 and that is the Standard Choice that people can go on. It is a variable rate. There is another rate that a lot of Tallmadge residents are on, but they don’t understand what they are on and it is called the MVR rate and that is the monthly variable rate and that is up to $4 to $5 per mcf. So the nice thing about an opt-out program is that they will get the letter and they will automatically be in our program unless they send out a letter saying that they don’t want to be in the program or call that 800 number and say that they want to opt out of the City. Unfortunately so far for the SCO you also have to opt out. There are quite a few people on the SCO. So there is more to come; I just wanted to give Council the update that we were able to fix it at $3.09 for a 3-year period which is unheard of right now. I am also happy to announce that the ISO rating and that is the fire insurance rating and we went through the whole process again which we have to go through every so many years; we did not go up, but we did not go down and so we are still at a good rating and it helps our businesses and our residential fire insurances. Mr. Sisak: Is there a number associated with that? Mayor: There is a number; we are a 3. Chicago Fire Department is at a 1 and it is because of the number of firemen they have available to go to a fire. We could never achieve . . . we might someday be able to get down to a 2, but that would be almost impossible. We are almost at the best we can get with the style of department that we have. Hartville Hardware; I went through that within the last couple days and you will be surprised when you open the doors and go inside there, but they will be opening the doors tentatively to the public September 6th. The will be a private party prior to that that Council will be invited to and the ribbon cutting tentatively right now is September 6th. It looks pretty nice inside of it. Concerts in the Park series; hats off to the Rec Center and to Renee Kauffman and Jessica for the series that they put on this year. I know I had some photos up there. It was one of the best attended concert series. This was LaFlavour and Craig Sisak is there somewhere up front dancing. You can see that it was a good concert series and they did a good job. Tallmadge Little League and Dynamics lease; the 5-year lease is up and we are going to exercise the option of a two-year extension for both of those parties, but we are taking a strong look at that building; how much maintenance is really needed for that roof. I know that Mike, the Service Director, did some . . . got a price to repair the roof or replace the roof on the Little League portion and it is a little over $100,000 to do that. We have the North American side that is also in need of repair, and so we are going to put all three parties on notice that we are evaluating this building and at the end of the two-year lease I’m not sure what is going to happen at that point, but we will work with them and try to come up with some alternatives to that site or demo it and make it a parking lot. I don’t know. I am just putting them on notice right now on that. I would ask Council for their consideration of Ord. 56-2018; that is the school and then I will give the economic report when we get to it. Rita is out of town for a wedding that she is attending and Mr. Cooper is in Columbus at a safety training seminar. End of report. Dir. of Pub. Service: Good evening. First off, I would like to ask that when you guys get to Item 15, Ord. 64-2018 if you could pass that at 1st Reading; that would be appreciated. Moving onto the monthly report of July, we had 61 zoning permits issued, most of which were the zoning certificates and there again it is for deck and fence issues. The cemetery; we had 6 full burials and we started doing the monument foundations. We do those mostly twice a year, but we started doing those when we had the opportunity this past month. 3  REGULAR MEETING in Council Chambers @ 7:30 p.m. August 9, 18 Dir. of Pub. Service (Cont’d.) Moving on to the Parks and Rec; the membership at the Rec Center is up. Unfortunately the visits are down by about 900. The spinning studio was started and we took off and a lot of work was being done there and in the last week we kind of ran into a snag; one of the contractors doing the work is having some employee issues and so hopefully they pull things together and are back at it here next week. This is an important one. The annual cleaning starts tomorrow and so the Rec Center will shut down for the weekend to do the annual cleaning. It has been advertised; it has been posted, so it shouldn’t be a shock to anybody, but there again, I just wanted to make that announcement again that it will be shut down over the weekend. Maca; the membership is down by about 100 and visitations are down by 1,500 and you can probably explain that on the weather. I mean, it looks like it is going to rain every day and so there again, the turnout hasn’t been that great. It is still good though; 10,000 as you can see. The last regular day is this Sunday, August 12th, however we are going to do the bonus weekends and that will be the next three after the 12th and that will push us into Labor Day and so that will be good. Eagle Scout candidate Jack Markley will be constructing dugouts. He started already at Lions Park and this is for an Eagle Scout Project and also Lions Park has the movie night and that is this Saturday and that starts at dark. The movie is “The Greatest Showman” which I heard is a great movie; I have never seen it, but I have heard it is pretty good. The playground ribbon cutting at Lions Park, if you haven’t seen it stop up there. It is an awesome playground. It was a great job; excellent. Then the gaga ball pit had a ribbon cutting and that was an Eagle Scout project as well. The Street Department; as you can see there we did quite a bit of swale work; which is ditch work; crack sealing was done on 14 streets and then over 70 stumps were repaired along the sidewalk devil strip areas and that was part of the sidewalk program. The Street Department just doesn’t do the burials as well as the street work; they also do a lot of work in the parks and a lot of earth was moved and graded over there by the playgrounds. There was a significant drop by about 4 feet in some areas and when you are over there you can see that the construction fence is up. The Utility Department; one water main break and unfortunately it was a massive water main break at Greenhill and Southeast. I will have some pictures here in a minute, but if you notice, we are getting close to that average; the ten-year average of water breaks. One sewer backup and fortunately for us it wasn’t in our mains, it was unfortunately for the homeowner on Sunset View and it was in his lateral and that was all roots and so there again, the laterals should probably be looked at by the homeowners at least annually. The stand-alone generator was completed at the lift station and so we are fully operational there with a stand-alone generator and so if we lose power, that lift station will not or should not fill back up. Training, which we talked about last time; the Utility Department is doing training in water distribution as well as chlorine analyzers and that is at the pump stations. This is a picture of the 12-inch water break that occurred at the Greenhill and Southeast intersection. You can see that crack and then look at the size hole over there and you can get a perspective of how much of that catch basin is covered up by that pipe and so it was a major water break. It caused an issue though because it undermined the street and so we are going to do an emergency repair. I am trying to get some contractor numbers, but push to comes to shove, we are going to have to get this done. That water washed out all of the base underneath that road and so I have a 5-6” gap now that is occurring and those arrows are pointing at it and so we need to get that fixed pretty quick. Something cool that the Utility Department is doing; the picture to the left is before and this woman’s water meter would freeze up every winter and the reason is that it is exposed to the elements. That is the open face of the ditch right there and so you can imagine when the temperature drops down, there was nothing protecting that and so the Utility Department has pushed that back in so you can see the earth will protect that from freezing and hopefully that woman shouldn’t have any more problems. They have done about 25 of those throughout the City and we have about 100 more to go and so we might be wrapping things up, but that is awesome stuff. That is actually helping out those residents so they no longer have frozen water and they don’t have to leave their utility tub in the basement running all winter long. So good stuff and that ends my report unless you have some questions. Mr. Carano: Mr. Rorar, I was just going to mention that, since you didn’t mention it, so it will be part of the public record that the first ga-ga ball winner after the official opening happened to be our illustrious Mayor. He was pretty rough on them, but he came out on top and just so that is know; that’s all!! Mr. Loughry: Mr. Rorar, to get back to the spinning class; do we have a penalty fee structure when a contractor non-performs after so many days? Dir. of Pub. Service: We do and we are not there yet, but we are hoping to be done in 30 days and the hope is still there, but that window has definitely been shortened. Mr. Loughry: Thank you. Dir. of Pub. Service: You’re welcome. 4  REGULAR MEETING in Council Chambers @ 7:30 p.m. August 9, 18 Pres. of Council: The Dir. of Administration is not here. Dir. of Economic Development; we will go there. Mayor: Yes, I put on your desk Rita’s report. Just to highlight a little bit, the Planning & Zoning Code that we are trying to update; we did receive four proposals in and so we are evaluating those proposals. One is local to the Akron area and so we are just taking those and looking at them and so we are very happy about that. The Thoroughfare Plan, as stated, that last update was 2012 and that is the map. We just completed, not too long ago, updating our City street map to the 2018 version and now we are able to move into this to update that map itself. Really it has not changed a lot, but some of the hike and bike trails are now completed. If you have not been on the Freedom Trail heading to the south; you can travel all the way down to Perkins Street now. So it is a pretty nice ride going back and going into Middlebury Road and up around the corner that way into Kent. So things are going along well there. You can see the activity of the Tallmadge Grow. The nice thing about that is to date we have $241,989.21 in the coffers of Tallmadge Grow. You have an ordinance in front of you tonight, Ord. 66-2018 and Ord. 67-2018 to acquire a couple more parcels that are being donated to us on Brittain Road and when that comes up, I have the aerial view to show you what parcels that would be. Maplecrest Golf Course, which is not part of her report, but they did close on the Meijer’s and the Menard’s about two weeks ago. They sold the property to them and also they closed on the TIFF; the tax increment to put the infrastructure in; that also closed on a Tuesday; two Tuesday’s ago and so that is moving along pretty well right now. Then on the out buildings; they have contracts on the out buildings that they are working on. The nursing home on Northwest Avenue; we have a call in to the attorney that represents them and he has not returned my calls so I can’t give you any updates on that site there. Ripley Farm was in front of the Heritage Commission for the old farmhouse that is there and did get approval to get that raised. They are in the process of closing that deal now and so they should be closing in the first to second week in September and then DeHoff Group will own that parcel of land. Mr. Sisak: Is there anything next door; the opening date for Jimmy John’s or . . . Mayor: They are moving along. They now have their electric. All of that electric work on that side was changed and so they do have that now, but there is no real timeframe. I have been in it and it is getting very close. Mr. Sisak: What about the medical office building? Mayor: They were supposed to start last month and it doesn’t look like they started. We are working on getting updates on those, but they are really not being forthcoming on helping us with that. Planet Fresh got approved at Heritage last week for their signage and it is done on the inside and so they are really close to moving on that. Sutton Bank is done. There are a lot more cars in the parking lot today I noticed down there. I will say that the nail salon; they closed their Ellet store up and they moved all of their clients over to the Tallmadge place. Dir. of Finance: Everyone received their July financial reports as we discussed in the previous meeting. Income tax is still down about 5.5%. A good sign though that we did see our withholding is back up to 2017 levels and we are approaching 1% over and so that is always a good sign that at least our employers are keeping their employees. So that is our major source of income tax revenue. In addition, as I stated last time, we are in the midst for preparing for our software conversions and so all of our spare time is going to be spent answering questions and looking at what we need and providing answers to our new software company and analyzing data to make sure it is all converted properly. So, we will be really busy with that here in the fall as well as the budget and all of those other items. End of report. Pres. of Council: Ms. Gilbride; a quick question . . . Ord. 66-2017 and 67-2017; do you need those at 1st Reading or can they wait? Dir. of Finance: Those are the Mayor’s ordinances. They were put in the Finance Committee. I just found about them tonight. Mayor: One is the land bank; they are donating the land and the other one is the property owner wishing to donate to us. Pres. of Council: And you want those at 1st Reading or does it not matter? Dir. of Finance: You could adopt Ord. 65-2018 at 1st Reading; that is just an ordinary grant that we typically get from the Fire Department. They actually got significantly more than they usually get and so they are ready to spend it on the equipment that they requested for that and so if that could be adopted at 1st Reading that would be great. Pres. of Council: OK. Great. Thank you. Dir. of Law: Thank you. I have begun searching for a new Assistant Law Director. John’s last day will be the end of August. We are having a lunch for him on August 15th and so you are all welcome to attend. I have made an offer and I believe we will be able to get a temporary part- 5  REGULAR MEETING in Council Chambers @ 7:30 p.m. August 9, 18 Dir. of Law (Cont’d.) time person that is going to fill in who has done prosecutorial work up at Stow Municipal Court previously and be able to get that person up and running for a short period of time here so that I can get myself . . . make sure I am making a good selection for the next person. I did have some promising interviews so hopefully that will all come to fruition, but at this point in time, you know, with the nature of our type of employment would be at least a four-week notice to the current employer and so we will be looking at probably the end of September or beginning of October before the person would be able to start. So, I thought it would be prudent to have some extra help so I can keep my head above water here for the next few weeks. Her name is Sara Finelli and she had previously done the prosecutorial services for Hudson and also helped Stow in the past. So, she will be coming in again as a temporary, part-time position without the benefits for a few weeks until I make the full-time hire. I will let you know when I have secured that person. 12. Ordinance 56-2018 At 3rd Reading. PLANNING & ZONING Approving and granting an amended conditional zoning certificate to the Tallmadge City School District Board of Education for educational and athletic facilities purposes on an 85. 2549 acre consolidated parcel on North Munroe Road and amending Ord. 106-2005. Mr. Donovan moved for the adoption of Ord. 56-2018. Seconded Mr. Sisak. Roll Call: Mr. Donovan, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Carano – unanimous. Ord. 56-2018 is adopted by a vote of 7-0. 13. Ordinance 61-2018 At 2nd Reading. PERSONNEL Authorizing and directing the Tallmadge P.H. ON 8-23-18 @ 7:36 P.M. Civil Service Commission to adopt rules and regulations that differ from those pro- vided by general law by excluding the Tallmadge City Schools from Tallmadge Civil Service and inserting Section 137.04 of the Tallmadge Codified Ordinances. Pres. of Council: Ord. 61-2018 is at 2nd Reading and will remain before the Personnel Committee. 14. Ordinance 62-2018 At 2nd Reading. COMMUNITY ISSUES/SAFETY Providing for an election on the adoption P.H. ON 8-23-18 @7:33 P.M. of a Charter amendment to be submitted to the electorate of the City to establish a primary election date for municipal elections in the City of Tallmadge and providing for immediate enactment. Pres. of Council: Ord. 62-2018 is at 2nd Reading and will remain before the Community Issues/Safety Committee. 15. Ordinance 64-2018 At 1st Reading. PUBLIC SERVICE Authorizing the Director of Public Service to advertise for bids and the Mayor to enter into a contract for the Evergreen Drive/Mark Drive Sanitary Sewer Rehabilitation Project, and providing for immediate enactment. Mrs. Allman moved for the adoption of Ord. 64-2018. Seconded Mr. Donovan. Roll Call: Mrs. Kilway, Mr. Loughry, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Carano, Mr. Donovan – unanimous. Ord. 64-2018 is adopted by a vote of 7-0. 6  REGULAR MEETING in Council Chambers @ 7:30 p.m. August 9, 18 16. Ordinance 65-2018 At 1st Reading. FINANCE Accepting the 2018-2019 Ohio EMS Priority One Training and Equipment Grant; and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 65-2018. Seconded Mr. Donovan. Roll Call: Mr. Loughry, Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Carano, Mr. Donovan, Mrs. Kilway – unanimous. Ord. 65-2018 is adopted by a vote of 7-0. 17. Ordinance 66-2018 At 1st Reading. FINANCE Accepting a gift of Parcel 6005370, Lot Number 11 in the Tallmadge Acres Allot- ment from the Summit County Land Re- utilization Corporation and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 66-2018. Seconded Ms. Tricaso. Mayor: Madame Chair. If you can see up on the wall there; that is GFS up there and this is going up the hill, here is Thomas Road, Tanglewood Apartments . . . this lot right there belongs to the Summit County Land Bank and that is being given to the City of Tallmadge and then this lot is also being donated to the City of Tallmadge. So then this lot belongs to Tallmadge Grow and this lot is the City of Tallmadge and this lot also is the City of Tallmadge and so when you look at the entire hill there; there are five lots . . . seven lots that are up there and we will own all but two of them. There is a residential structure on this parcel and there is a residential structure on that parcel there. Mr. Sisak: It looks like there is on both parcels. Mayor: Yeah, you can’t; these GIS lines are . . . they could be off ten feet on the program. Mr. Sisak: These two properties that we are receiving are vacant? Mayor: Are vacant. Mr. Sisak: Great. Mayor: We started purchasing these . . . I will ask Tallmadge Grow to give back to the City of Tallmadge that lot because we are paying taxes on it as Tallmadge Grow, but the City of Tallmadge would not and so we have no purpose to develop ourselves on that; it would be nice if we could get a developer, which Rita is working on to take that whole . . . to buy the other two residential parcels and then you can really have some land there. If you remember, up on GFS, that little stub street was installed for the development of those parcels. Pres. of Council: What is the topography of that? It pretty much goes down a hill; doesn’t it or is it before that goes down the hill? Mayor: That ravine that drops way off and travels all the way down behind the apartments down to Thomas Road and crosses underneath Thomas Road and then it is part of this ditch line and then ends up going back through down by your work place. So it comes down Brittain Road, down around the corner and then heads back to Brittain Road the other direction. You know what the slope of the hill is? Pres. of Council: Right. I was just thinking that it would be kind of hard to develop unless you did something like apartments or . . . . Mayor: Well, Tanglewood Apartments . . . it might be pretty cool to put apartments with the back side with a walk-out or so overlooking the whole back towards Saxon Village! So, it is some land; I wouldn’t buy it, but they are being donated to us. Mr. Loughry: Just a point of clarification I guess; that might not be the right word, but on the residential structure; that one right there; that home was vacant for well over 2-1/2 years or 3 years and according to our Code converted to Commercial and the realtor knew that it was Commercial because I told them that it was, but they sold it as a Residential property and we let that convert back to a Residential use and so the question is if we could ever get them to sell it to us then we could convert it back to Commercial at our discretion; correct? Mayor: Yes. Mr. Loughry: The reason I bring that up is because I get asked all the time about what is the difference between that determination there and Northeast Avenue; the bridal shop. People that discuss it with me say that it is the same/same. You know. Mayor: Point in case, the house in Tallmadge in the annexed area on Howe Rd. and Mogadore Rd. that burned down; it burnt down more than 60% and it is Industrial zoned and that gentleman is not rebuilding the residential structure there; he is going to have the insurance company build a new residential structure at a different site. We told him that he couldn’t rebuild because that is an Industrial Park. Mr. Loughry: That is an excellent point that you made because we may have an opportunity to find another house for that individual on Brittain Road. Anyway, thanks. The real point of the discussion is not the fact that we let it go back to Residential because when you drive by and take a look at that house and take a picture of it and see how nice it looks and see it serving a good use, then you drive by Northeast Avenue and take a picture of that where we did not let it go back to Residential and that is where the discussion comes up. So, thank you. Roll Call: Mr. Sisak, Ms. Tricaso, Mrs. Allman, Mr. Carano, Mr. Donovan, Mrs. Kilway, Mr. Loughry – unanimous. Ord. 66-2018 is adopted by a vote of 7-0. 7  REGULAR MEETING in Council Chambers @ 7:30 p.m. August 9, 18 18. Ordinance 67-2018 At 1st Reading. FINANCE Accepting a gift of Parcel 6000049, Lot Number 13 in the Tallmadge Acres Allot- ment from Donna Cunha and Lee A. Kipper and providing for immediate enactment. Mr. Sisak moved for the adoption of Ord. 67-2018. Seconded Ms. Tricaso. Roll Call: Ms. Tricaso, Mrs. Allman, Mr. Carano, Mr. Donovan, Mrs. Kilway, Mr. Loughry, Mr. Sisak – unanimous. Ord. 67-2018 is adopted by a vote of 7-0. 19. ADDITIONAL ITEMS: Mr. Loughry: Can we just get an update on Circle Fest mostly for the record because unless I misunderstood, the ad that was in the Tallmadge Express talking about the parade route was different from what I thought it was going to be this year. Mayor: I’m sorry it was on the top of my list to give you an update. I went to AA Blueprint right underneath of it and I don’t think I ever went to the top. To give you an update on Circle Fest. The Circle Fest is next Saturday. The roads will start to be closed at 5:00 p.m. and we will be working our way from the outer all the way into the Circle. The parade route this year will be from Mac Burleson Field; the Hole up to West Avenue and then down West Avenue and around the Circle and then back up West Avenue and back to the Hole. We elected to go that way because West Avenue is a four-lane highway versus East Avenue’s three lanes and so there was always . . . we were so nervous every time when the parade started going back against itself. So now we have an extra lane that could be protected. So it will come down in front of Steve Clark’s all the way down the Circle and back around. So that is the parade route. Then the fireworks will be staged right behind the Ohio Edison Station in Elite’s parking lot back in the far back corner of the World Elite on Northwest Avenue and so the fireworks show will start from there heading up to the Circle with a little higher strength cannons to get them up a little higher, but instead of back here we were always having issues behind the City Hall parking lot. One was 5th Third Bank was always upset because people could not access their bank because it was in the zone that you could not go to their bank. People would try to walk up to the ATM over here and they would have to chase them out and plus it was too close to the Circle and last year we had a lot of debris dropping down on people because they were basically looking straight up and stuff was dropping in people’s eyes and now it will be off the beaten path a little bit and more secure. So that is why we elected to move the fireworks over there. This year they are doing it a little different to add food trucks in conjunction with what is on the Circle and so the Circle itself is not changing much but the food trucks . . . first they were going to be on North Avenue, but we had to move them from North Avenue back over to East Avenue and so I think Becky; there are 7 trucks now? Mrs. Allman: Yes. Mayor: 7 food trucks that will be lining up and down East Avenue up to Rite Aid and in that general vicinity up there. Mr. Loughry: Thank you. I think it is going to be much better, but now everyone will know where to line their lawn chairs up. Thank you very much. Pres. of Council: On the subject of Circle Fest, City Council and the Administration will have a float; Mary and I are going to knock that out and so I will send an e-mail or a text out to everybody as to where to meet and at what time to jump on the float and go on the parade. If you have little kids who want to come on the float with us; we have done that in the past too. Mayor: Becky; is there anything else that I missed. Mrs. Allman: No, I think you covered it. Mayor: Hats off to Becky. She has done a phenomenal job with the Chamber to help organize all of that and put everything together so kudos to the Chamber. It should be a nice event. Pres. of Council: We do have an Executive Session. Do I have a motion to adjourn? Mr. Sisak: So moved. Seconded Mr. Donovan. Pres. of Council: We have an Executive Session to discuss potential pending litigation. Motion again? Mr. Sisak: So moved. Seconded Mr. Loughry. Voice vote 7-0. Dir. of Law: You need to do a roll call. Roll Call: Mrs. Allman, Mr. Carano, Mr. Donovan, Mrs. Kilway, Mr. Loughry, Mr. Sisak, Ms. Tricaso – unanimous. Council adjourned into the Executive Session at 8:23 p.m. Pres. of Council: It is now 8:40 and we are back on Council floor. 20. ADJOURNMENT: Mr. Sisak moved to adjourn. Seconded Mr. Donovan. Voice vote 7-0. The Regular Council meeting adjourned at 8:40 p.m. sb Adopted: ____________________________________ ______________________________________ Susan E. Burton, Clerk of Council Carol A. Kilway, President of Council 8