REGULAR SESSION. May 12, 2016

Transcription

1 REGULAR SESSION May 12, 2016 The Council of the City of Chardon met in Regular Session Thursday, May 12, 2016 at 6:30 P.M. in Council Chambers of the Chardon Municipal Center. Jeffrey Smock, Vice President of Council presiding. The meeting opened with the pledge of allegiance and roll call. Members of Council present: Andrew Blackley, Deborah Chuha, Chris Grau, David Lelko, John Mallen, Jeffrey Smock. Members of Council absent: Nancy McArthur (7:30 PM). Others present: City Manager Randy Sharpe, Finance Director Mate Rogonjic, Clerk of Council Amy Day, Law Director James Gillette, Police Chief Scott Niehus, City Engineer Doug Courtney, Planning and Zoning Administrator Steve Yaney, Public Service Director Paul Hornyak, Sue Schade, Stacy Burris, Lea Marra, Ken Ovark, Mitchell Ewaska, Lisa Ewaska, Cathy Johnson, Ann Wishart, Jason Tysl, Jim Rayl, John Bennett, Bryan Bennett, Paula Noyes, Muriel Rouru. APPROVAL OF MINUTES Mrs. Chuha moved and Mr. Mallen seconded to approve the minutes of the April 14, 2016 Regular Session as presented. Mrs. Day noted that the phrase upon roll call vote the motion passed unanimously should be removed from the Planning Commission report on page 7. MANAGER'S REPORT Mr. Sharpe reported that two prospective tenants have expressed interest in leasing the rental space at 101 South Street (Lake Erie Video) in Old Village Hall. Historically, the City has pursued retail businesses as first floor tenants in order to augment the retail mix on the Square. The Geauga County Maple Leaf Newspaper is one of the parties interested in this space and a popcorn shop is the other. He asked for direction from Council to either market the space for a retail tenant or to lease the space to the newspaper. He noted that the newspaper has expressed that they will offer retail services including faxing and copying in addition to their newspaper operations. Mr. Grau spoke in support of having a newspaper conducting operations on Chardon Square. Mrs. Chuha stated that she does not object to Maple Leaf renting the space. Mr. Lelko stated that he does not have any objections to the newspaper renting the space. Mr. Blackley stated that while he supports a newspaper business in the City, the location being discussed is a prime retail space and it should not be used by a limited retail operation. 1

2 Mr. Smock stated that while initially he had thoughts similar to Mr. Blackley s, he does not have an objection to the newspaper renting the space because the parking for a retail business is limited at this location. Mr. Yaney stated that the space would need some renovation but Maple Leaf has expressed that they would take the space as it is and would do any improvements. Mr. Sharpe stated that the majority of Council does not seem to object to the leasing of the space to the Maple Leaf so he will proceed in that direction. Mr. Sharpe reported that $200,000 has been included in the Capital Appropriation Bill for the Geauga Lyric Theater Guild / City of Chardon grant request. Erika Hansen, GLTG Executive Director, will be in contact with our representatives and the Ohio Facilities Construction Commission for information pertaining to the use of these funds. Mr. Sharpe reported that the application process for the Mechanics position has resumed. The position will be readvertised in the local papers and applications will be accepted until the position is filled. Mr. Sharpe reported that Lou Lewis has been hired in the part-time property maintenance position. He began his parttime employment with the City on April 18, Mr. Sharpe reported that Andrea Prax has been hired in the full-time accounting clerk position. Her primary responsibilities will be to coordinate the biweekly payroll, process water and sewer bills, and to assist with the general management of the Finance Department. Mr. Sharpe reported that the City received quotes for the 2016 Crack Seal Program. A purchase order in the amount of $49, will be prepared for Specialized Construction. The 2016 budget for this program was $50, Mr. Sharpe reported that the 2016 Street Maintenance Program is anticipated to be to bid the end of May or early June. Mr. Sharpe reported on the status of the Maple Avenue Improvement Project which began on May 2 nd. He stated that to date, traffic does not appear to have been significantly impacted by the project. However, as a result of the water line installation, some street trees will need to be removed due to the extent of root loss and canopy. Mr. Lelko inquired about when the 2016 Street Maintenance Program will be awarded. City Engineer Doug Courtney, stated that he anticipated the Program being awarded between June and July with work beginning approximately in August. Mr. Sharpe stated that a special session could be considered for June 23 rd to award the bid. Mr. Blackley asked to return to the topic of the rental space at 101 South Street. He noted that the space has not yet 2

3 been marketed with a realtor, so the possible retail tenants that may be interested in this prime retail space are unknown. Mr. Blackley moved and Mr. Lelko seconded to have a realtor market the City s rental unit at 101 South Street to see who is interested in it before leasing it to the Maple Leaf. Mr. Sharpe stated that usually he would instruct Mr. Yaney to advertise the space and if a retail tenant cannot be found, they would consider alternatives. Mr. Mallen stated that he would like to see the Maple Leaf occupy the space. Mrs. Chuha stated that she would like to see the space filled as soon as possible. John Karlovec, owner of Maple Leaf newspaper, spoke to explain the retail services they plan to provide including copying and faxing. He explained the frequency of retail customers patronizing their Chesterland location. Results of the roll call vote: Blackley: Yes Chuha: No Grau: No Lelko: No Mallen: No McArthur: Absent Smock: No Motion failed. PLANNING COMMISSION REPORT none. COUNCIL COMMITTEE REPORTS Legislative Committee - Mr. Grau reported that the Committee met and considered a request from Next Play for permission to operate amusement devices in the City. Mr. Gillette stated that he has spoken with the owner of Next Play who is requesting to demonstrate their amusement devices for Council and has requested a first reading of the legislation that is before Council. Mr. Lelko asked if there had been any issues with the former business that operated an internet café business. Chief Niehus stated that he was not aware of any issues as a result of the internet café business and noted that it was well-received by the public. Mr. Blackley asked about restrictions on where the businesses could be located. Mr. Gillette stated that separate legislation that will go to Planning Commission for their review and recommendation to Council. The legislation before Council pertains to the City s business regulations. 3

4 Council concurred to allow representatives from Next Play to demonstrate their devices prior to the next Council meeting on June 9, Mr. Grau reported that the Committee heard a presentation from Christina Znidarsic of Chagrin River Watershed Partners regarding the creation of Riparian Setbacks for the protection of the City s waterways. The Committee has requested Ms. Znidarsic prepare a summary for Council to review in June. Mr. Grau reported that the Committee discussed the appraisal of the City-owned property of 223 Center Street. Mr. Yaney stated that at the request of the Legislative Committee, staff is in the process of discussing options to market the property with a real estate broker and auctioneer. Mr. Grau reported that the Committee discussed an attendance policy for Boards and Commissions and concluded not to set a formal attendance policy and to leave it in the hands of the chairmen. Mr. Lelko stated that due to the differences in the frequency in which Boards and Commissions meet, it is too difficult to establish a blanket policy. Mr. Smock asked if each Board or Commission needs to set their own attendance policy. Mr. Gillette stated that each Board or Commission has the authority to adopt their own attendance policy and if there is a violation, the chairman should report it to Council who may take action to remove a member. Safety Committee Mr. Lelko reported that the Committee met and discussed the Police Department providing monthly reports and the Fire Department providing quarterly reports to Council if members are interested in receiving them. Council members concurred that they would like to receive the reports via . Mr. Lelko reported that the public is welcome to meet with the Fire and Police Chiefs on June 11 th at Beans Coffee Shop. Chief Niehus provided a public service announcement regarding leaving children and pets in parked cars. HEARING OF PERSONS BEFORE COUNCIL THOSE PERSONS ON THE AGENDA Stacy Burris, representing Love Fest, spoke to review activities planned for their event on July 9 th. She addressed Council and requested permission for the sale of CDs by bands and the sale of products by 15 for-profit vendors, 8 of which would directly relate to music. Mr. Lelko asked if there would be a written agreement between the City and Love Fest organizers. Mr. Sharpe stated that the City has not had a written agreement for this event in the past and he does not anticipate the need for one. He noted that the organizers of the event have filled out the appropriate permits to use the Square. Mr. Lelko moved and Mr. Blackley seconded to allow up to 15 vendors, 8 music related, at Love Fest on July 9 th and to allow the bands to sell CDs during the event. 4

5 Mrs. McArthur arrived at 7:30 PM. Cathy Johnson, representing Relay for Life, spoke to review activities planned for their event on June 11 th. She addressed Council and requested permission to close Short Court Street and to block the parking spaces around the south portion of the park. In addition, they requested permission to tie purple ribbons around trees on the Square and 10 x 3 signs at the north and south ends of the Square one week prior to the event. Chief Niehus expressed concern regarding parking for Beans Coffee Shop in the morning. Ms. Johnson stated that their event would not begin until 11:00 AM. Discussion occurred regarding the location where the walkers would walk. Ms. Johnson stated that the Relay for Life walk would all occur on pavement around the Square. Mr. Hornyak stated that staff will have a coordination meeting to coordinate the blocking off of the parking stalls. Mr. Grau moved and Mrs. Chuha seconded to grant Relay for Life the ability to close Short Court Street and the parking spaces around the Square on June 11 th under the direction of the Police Chief and will allow purple ribbons tied around trees and signs on the square one week prior to the event. GENERAL PUBLIC Keith Patterson, 337 Irma Drive, spoke to express his opposition to the games of skill that are played at establishments like internet cafés and opposed them being permitted in the City. OLD BUSINESS Regarding adoption of a motion that Council recommends that a temporary appropriation ordinance be adopted in December and a permanent appropriation ordinance be adopted after January 1 st, Mr. Smock requested the Law Director summarize the memo he prepared regarding the budget process. Mr. Gillette stated that the City s Charter and Codified Ordinances give the responsibility of preparing the budget to the City Manager. Council has the authority to review the budget and make revisions and adopt the final budget by January 1 or April 1 if a temporary budget is adopted by the first of the year. It is his opinion that Council may not direct the Manager by motion to submit a budget at a time other than prior to January 1 in compliance with the Ohio Revised Code; however, Council does have certain authority and may determine that they want to adopt a temporary budget by January 1 st and a final budget by April 1 st. Council could ask the Manager to submit a temporary budget or Council may pass an ordinance directing that a temporary budget be submitted to Council for adoption prior to January 1 st and the Manager prepare the final budget to Council by April 1 st consistent with the Ohio Revised Code. Mr. Smock asked for clarification if Council can under current regulations, make a motion to recommend that a temporary appropriation ordinance be adopted in December and a permanent appropriation ordinance be adopted after January 1 st or if Council can ask that legislation be prepared to amend the administrative code to direct the City Manager to prepare a temporary appropriation by the end of the year and a permanent budget be submitted between January 1 and April 1. 5

6 Mr. Gillette stated that Council can do either of those that Mr. Smock mentioned. Mayor McArthur stated there has been nothing in the City s administrative code to direct the process to this point. Mr. Gillette stated that the preference of prior Councils was to leave it up to the City Manager and Finance Director to determine the proper time to submit the budget. The City Manager and Finance Director felt it was preferable to adopt a temporary appropriation and then adopt a final budget after the first of the year before April 1 st and Council deferred to the City Manager and Finance Director. Mr. Lelko reviewed how the budget had been presented to Council in prior years with an appropriation ordinance being the only item Council received as part of the budget process prior to him becoming Manager. Mr. Blackley asked staff to explain the reason they had changed the budget process from the way it had been done. Mr. Sharpe stated that staff had expressed that they felt it was more beneficial to have a 12-month budget to work with rather than spending unnecessary time preparing a temporary budget. After the change was made, Council and staff were supportive of the change. Mr. Sharpe reviewed the results of a poll of 18 comparable communities which shows that an overwhelming majority adopt their budgets by January 1 st. This has also been the preference of City staff. Mr. Rogonjic stated that the budget process was changed after preparing his first City budget with a temporary appropriation. In his opinion, the current budget process has been working and he recommends leaving the process as it is. Mr. Blackley stated that until the final numbers are received, the budget is not final. He does not see that updating the budget in January will have a large impact operationally to administration. Mr. Smock stated that he is not comfortable passing a permanent appropriation without actual figures. He added that staff does not need to change their current process of meeting with the department heads. A temporary appropriation can be adopted in December and when the final numbers are received, a permanent appropriation can be adopted in January. The temporary appropriation gives department heads access to funds to be able to carry on with their activities. Mr. Lelko stated that when Council discusses the budget, projected numbers are being used when actual numbers should be used to know where the City stands and how much is available to spend. He added that he does not think that updating the budget with actual figures will be difficult for staff. Mr. Sharpe stated that updating the budget with actual numbers is not difficult; however tweaking the project list will take more time and will push the adoption of the budget until March. Mr. Smock stated that a large majority of the budget will not need to be tweaked. He stated that he is not looking to fine-tune everything in the budget but is looking to see fund balances to be able to compare it to what is proposed to be spent. Mayor McArthur stated that many other communities adopt their permanent budgets by the end of the year. Mr. Lelko questioned if adopting a permanent budget at the end of the year is the best process. He stated that he is not concerned with how other communities prepare their budgets and is he is only concerned about what this Council wants and is concerned about the working relationship of this Council. He is concerned that at least three members of Council are not comfortable adopting the budget until they have year-end figures and he is asking the rest of Council to respect their need and help those who think they need this information, get this information. 6

7 Mayor McArthur stated that all of Council will not agree on everything and added that she is struggling with going against how staff is comfortable preparing the budget when she does not have a problem with the way it is being prepared. Mr. Rogonjic stated that staff would be challenged to get a budget book with final figures to Council by the end of January. Mr. Blackley stated that Council is not asking for an entire new budget and tweaking is necessary even in the way the budget is being prepared now. Mr. Smock stated that he is not asking for the budget to be completed in January. It just needs to be completed by April 1 st. Mr. Rogonjic reviewed issues with purchase orders that are a result of waiting to adopt the permanent budget. Mr. Lelko stated that based on the way staff currently prepares the budget, staff can include what is needed in the temporary appropriation ordinance. Mr. Hornyak stated that staff has a difficult time getting vendors to hold quotes for longer than three months. Mr. Smock stated that necessary purchases can be included in the temporary appropriation ordinance. The Clerk read the motion on the table. Results of the roll call vote: Blackley: Chuha: Grau: No Lelko: Yes Mallen: McArthur: Smock: Yes Yes No No Yes Motion passed. Mr. Smock suggested that consideration be given to engineering projects sooner so that if additional funds are available, the projects are ready. Regarding a Chardon Square Street Lighting Program, Mr. Sharpe stated that an experimental LED lighting program with special pricing was presented to the City by the Illuminating Company. A study was done by Denk and Associates, an engineering firm, who recommended that the program would be beneficial and would provide improved lighting and a safer environment. The City s 22 light fixtures on the Square would be replaced with LED lights in the amount of $301 per fixture plus potential costs associated with the installation. The costs are expected to be recovered in three years. Mr. Sharpe stated that Council s approval is being requested to participate in the Illuminating Company s Experimental LED Program to retrofit the street lights on the square. Mayor McArthur asked when the lights would be changed. Mr. Sharpe stated that it is anticipated that the lights would be changed at the end of summer at the earliest. Mr. Smock asked if the project was budgeted. Mr. Sharpe stated that the project was budgeted. 7

8 Mr. Blackley moved and Mr. Smock seconded to approve the City s participation in the street lighting program. NEW BUSINESS Regarding Council s consideration of banners promoting the City as the #1 Best Place to raise a family, Mr. Sharpe stated that the City received this designation from Niche.com in its 2015 Best Places classifications. He proposed that twelve 30 x 50 banners commemorating this designation be placed in high-traffic locations throughout the City as well as one in front of the Municipal Center. He proposed that the brackets and hardware from the Bicentennial celebration be reused to mount the banners. The estimated cost for the banners is $ Mrs. Chuha asked how long the banners will remain. Mr. Sharpe stated that it is anticipated that the banners will hang on the poles through the fall. Mr. Lelko stated that he supports the banners but has requested that they be removed once they show the first sign of wear. Mr. Grau spoke in support of the banners. Mrs. Chuha asked if future banners would be considered again. Mr. Sharpe stated that he would definitely consider advertising future designations the City receives. Mayor McArthur stated that the banners are a great way to promote the City. Mr. Smock moved and Mr. Mallen seconded to approve the banners as described by the City Manager. Regarding the consideration of an attendance policy of Boards and Commissions, Mr. Grau stated that the Legislative Committee reviewed this topic and as previously reported, decided against establishing a policy. LEGISLATION ORDINANCE NO AN ORDINANCE AMENDING SECTION (b) OF THE CODIFIED ORDINANCES, RETAIL BUSINESS GRANT PROGRAM, AND DECLARING AN EMERGENCY was read for the first time by title only. Mrs. Chuha moved and Mr. Blackley seconded the rules be suspended and the Ordinance be read for the second and third time by title only. Upon roll call vote the motion passed unanimously. Ordinance No was then read for the second and third time by title only. Mr. Smock moved and Mr. Grau seconded for the adoption of Ordinance No Mr. Gillette stated that the original legislation passed in 2010 addressed the financial amount of the Retail Business Grant only for the first year of the grant. This legislation would allow Council to determine the annual available grant amount as part of the budget process. Mr. Smock stated that the Finance Committee will be reviewing other aspects of the Retail Business Grant in the future. 8

9 Mr. Grau asked about the status of the current retail grant applications. Mr. Smock stated that the Selection Committee will be meeting in the near future to discuss the grant applications once they have a quorum to meet. AN ORDINANCE ADOPTING CHAPTER ENTERTAINMENT DEVICE ARCADES AND DECLARING AN EMERGENCY was read for the first time by title only. ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH THE C. W. COURTNEY COMPANY TO PROVIDE PROFESSIONAL SERVICES FOR THE 2017 PAVEMENT REPAIR PROJECT AND DECLARING AN EMERGENCY was read for the first time by title only. Mr. Blackley moved and Mr. Grau seconded the rules be suspended and the Ordinance be read for the second and third time by title only. Upon roll call vote the motion passed unanimously. Ordinance No was then read for the second and third time by title only. Mr. Blackley moved and Mr. Smock seconded for the adoption of Ordinance No Mr. Sharpe reviewed the streets to be included as part of the 2017 Pavement Repair Project. Mrs. Chuha asked Mr. Courtney if he will be engineering other projects in Mr. Courtney stated that he would most likely be engineering other projects in Mrs. Chuha inquired about the projects Mr. Courtney has been authorized to engineer in Staff listed projects that Mr. Courtney was authorized to engineer in Mrs. Chuha asked if the engineering costs are for only Mr. Courtney or for other staff of the C.W. Courtney Co. Mr. Courtney stated that the costs include his staff. Mr. Lelko asked for clarification about the projects included in the program. Discussion occurred regarding the streets included in the program. RESOLUTION NO A RESOLUTION TRANSFERRING FUNDS IN THE CITY OF CHARDON TREASURY FOR 2016 AND DECLARING AN EMERGENCY was read for the first time by title only. Mrs. Chuha moved and Mr. Smock seconded the rules be suspended and the Resolution be read for the second and third time by title only. Upon roll call vote the motion passed unanimously. Resolution No was then read for the second and third time by title only. 9

10 Mr. Mallen moved and Mr. Smock seconded for the adoption of Resolution No Mr. Rogonjic stated that the transfers are necessary to maintain fund balances to cover items that were budgeted for and in preparation for the water and sewer debt payments that will occur in June. ORDINANCE NO 2928 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN AN OHIO EPA COMMUNITY DEVELOPMENT GRANT AGREEMENT FOR RECYCLING AND LITTER PREVENTION AND DECLARING AN EMERGENCY was read for the first time by title only. Mrs. Chuha moved and Mr. Grau seconded the rules be suspended and the Ordinance be read for the second and third time by title only. Upon roll call vote the motion passed unanimously. Ordinance No was then read for the second and third time by title only. Mr. Smock moved and Mr. Blackley seconded for the adoption of Ordinance No Mr. Sharpe stated that the ordinance will allow the City of Chardon to act as the pass-thru agent for Habitat for Humanity to receive Ohio EPA grant funds. Mr. Mallen asked if there are any expenses to the City acting as the pass-thru entity. Mr. Sharpe stated that as a pass-thru entity, a representative from the City must attend a mandatory meeting and the Finance Director needs to create a fund and complete necessary paperwork. ORDINANCE NO AN ORDINANCE AUTHORIZING PARTICIPATION IN ODOT COOPERATIVE PURCHASING was read for the first time by title only. Mr. Blackley moved and Mr. Grau seconded the rules be suspended and the Ordinance be read for the second and third time by title only. Upon roll call vote the motion passed unanimously. Ordinance No was then read for the second and third time by title only. Mr. Mallen moved and Mr. Blackley seconded for the adoption of Ordinance No Mr. Hornyak stated that ODOT implemented some additional requirements to participate in their purchasing program. One of those requirements was a commitment to the purchase of a specific quantity of salt which the City needs to include in its legislation. REVIEW OF EXPENDITURES Mr. Smock reported that aside from some Then and Now stamps that were needed, all expenditures were in order. EXECUTIVE SESSION none. ANY OTHER BUSINESS TO COME BEFORE COUNCIL 10

11 Mr. Gillette reported that the Supreme Court made a recent decision regarding public meetings, and he reviewed the requirements for a public meeting under the Ohio Open Meetings Act. ADJOURN Mr. Mallen moved and Mr. Grau seconded to adjourn. Upon voice vote the motion passed unanimously. The meeting adjourned at 9:25 P.M. Attest: NANCY MCARTHUR, Mayor President of Council AMY DAY Clerk of Council 11