REGULAR SESSION. August 13, 2015

Transcription

1 REGULAR SESSION August 13, 2015 The Council of the City of Chardon met in Regular Session Thursday, August 13, 2015 at 6:30 P.M. in Council Chambers of the Chardon Municipal Center. Philip G. King, President of Council presiding. The meeting opened with the pledge of allegiance and roll call. Members of Council present: Andrew Blackley, Philip King, John Mallen, Daniel Meleski, Nancy McArthur, Deborah Reiter, Jeffrey Smock. Members of Council absent: none. Others present: City Manager Randal Sharpe, Finance Director Mate Rogonjic, Law Director James Gillette, Public Service Director Paul Hornyak, Police Chief Scott Niehus, Planning and Zoning Administrator Steven Yaney, Clerk of Council Amy Day, City Engineer Doug Courtney, Angela Glaettli, Brittany Leber, Camille Grace, Andrew Melzer, Lisa Fulton, Jeff Krycak, Jamie Glaettli, Shelby Phillips, Lou Lewis, Ann Nystrom, Claud Nystrom, David Lelko, David Bitterman, Bob Painter, Nora Painter, Karen McLeod, K. Bowman, Joyce Otto, Evan Otto, Becky McCartney, Mary Bramstedt, Larry Baptie, Larry Gaspar, Tom Hummel, Cheryl McCourt, Ian Bailey, Geri Bulfinch, Wendy Townsend, Paul Marks, David Marks, Ken Ovark, Mary Glauser, Matt Albright, Ali Dreher, Dennis Dreher, Jo Greenlee, Ann Wishart, Bill Hess, Matt Rolf, Mike Kubrin, Maria Arnold, Tom Jirousek, Ron Jonovich, Debbie Chuha, Patricia Kidd, Betty Wallis. APPROVAL OF MINUTES Mrs. Reiter moved and Mr. Meleski seconded to approve the minutes of the July 9, 2015 Public Hearings and Regular Session as presented. Mrs. Day noted grammatical corrections to portions of the minutes that were brought to her attention earlier by members of Council. No member of Council had any objection to the corrections. RESOLUTION NO A RESOLUTION OF APPRECIATION FOR LOU LEWIS was read for the first time in its entirety. Mrs. Reiter moved and Mrs. McArthur seconded the rules be suspended and the Resolution be read for the second and third time by title only. Upon roll call vote the Resolution No was then read for the second and third time by title only. Mr. Smock moved and Mr. Mallen seconded for the adoption of Resolution No Members of Council and staff spoke to thank Mr. Lewis for his service to the City and wished him well in his retirement. Mr. Lewis reflected on his time working for the City. RESOLUTION NO A RESOLUTION OF APPRECIATION FOR STEVE LITTIN, JOHN POINDEXTER, 1

2 EVAN OTTO AND TOM JIROUSEK was read for the first time in its entirety. Mrs. Reiter moved and Mr. Blackley seconded the rules be suspended and the Resolution be read for the second and third time by title only. Upon roll call vote the Resolution No was then read for the second and third time by title only. Mr. Blackley moved and Mr. Meleski seconded for the adoption of Resolution No Robert Painter provided details surrounding the actions of the men who saved his life on July 7, 2015 and he thanked them for their efforts. Chief Gaspar thanked the men for their heroic efforts in saving Mr. Painter s life. MANAGER'S REPORT Mr. Sharpe reported that staff is working on the 2016 annual budget as well as the capital improvement plan. Mr. Sharpe reported on staff promotions and retirements. Mr. Sharpe recognized Chardon Tomorrow for being accepted into the Main Street Program. Mr. Sharpe reported on the status of current construction and road projects. Mr. Smock asked when the loop detectors will be working again at various intersections. Mr. Hornyak stated that the loop detectors will be replaced in 1 week. PLANNING COMMISSION REPORT Mr. Blackley reported that Planning Commission granted a request for temporary occupancy permits for two single-family residences in the Hidden Glen subdivision. Mr. Yaney stated that the request was due to abnormal weather patterns and the properties being saturated for several weeks preventing the contractor from finishing the work that is needed for Builder s Grade approval. COUNCIL COMMITTEE REPORTS Service Committee Mr. Mallen reported that the Committee met and reviewed the Capital Improvement Plan. Mr. Mallen reported that the Committee heard a request by County Commissioner Skip Claypool for designated parking spaces on the Square for the Commissioners. After some consideration, the Committee denied the request because it would set a bad precedent by showing preferential treatment over judges and lawyers who do not have this same privilege. Mr. Mallen reported that the Committee also heard about the condition of Lost Pond Parkway which is in need of repair. The Committee recommended that the road be repaired at a cost of $93,000. Mr. Mallen reported that CEI has a new experimental street lighting program. Staff is gathering more information about the potential cost savings of this program. 2

3 Mr. Mallen reported that the Committee discussed and recommended the use of funds from the sidewalk program assessment to be used towards the upcoming sidewalk program rather than using money from the General Fund. Finance Committee Mr. Meleski reported that the Committee met and discussed a program being offered through the State Treasurer s Office called OhioCheckbook.com. The free program is available to Ohio governmental entities and would allow anyone to search the City s expenditures through the internet. A website would be designed for the City and the City would provide the Treasurer s office with updated information either monthly or quarterly. The Committee will be investigating a fee-based option through OpenGov which would show the revenue side of the City s books. For now the Committee recommended the City enroll in the Ohiocheckbook.com with data updated to occur once per quarterly but preferable once per month. Mr. Blackley stated that to add the revenue portion will cost several thousand dollars, so until there is a demand for this information from residents, the Committee is recommending proceeding with only the free version which will show only the City s expenditures. Mr. Blackley moved and Mr. Meleski seconded to endorse the City s participation in Ohiocheckbook.com through the State Treasurer s office with updates to be provided quarterly and preferably monthly. Mr. Meleski added that the Committee discussed the budgeting process. A concern had been voiced to pass a temporary budget at the end of the year so that actual figures can be used when adopting the permanent budget in February. Mayor King asked the Finance Director for his opinion. Mr. Rogonjic stated that it is a trade-off. He asked if Council wants to have a permanent budget in place at the beginning of the year so that department s know their budgets and can move forward. If this is how Council wishes to approach the budget, then estimates have to be developed for how the year will finish. Mrs. McArthur asked if there were recommendations in the Performance Audit. Mr. Rogonjic stated that the Performance Audit did not note a preference. Mayor King stated that he would like to make a decision at the September Regular Session of Council but would first like to seek the input on the pros and cons from the Finance Director and City Manager before making a decision. He added that he is hesitant to tell the Finance Director how to handle the City s finances. Park and Recreation Board Mrs. McArthur reported on the summer programs and facilities. Mrs. Reiter provided the dates of future meetings and reminded the public of Fall Fest on October 3, HEARING OF PERSONS BEFORE COUNCIL THOSE PERSONS ON THE AGENDA Debbie Reiter spoke on behalf of Friends of the Library and requested permission to install a little free library box at 106 Water Street. Mrs. Reiter explained the purpose of the program which is to promote literacy and reading. Their goal is to have a box in each community in the Chardon School District. She explained that the boxes will be filled with books from the library to start the box and members of the community can take a book and put another book in its place if they wish. 3

4 Betty Wallis, President of Friends of the Library stated that their organization would make sure that the books and boxes are maintained and the National Honor Society would assist with the installation of the little library. Mrs. Reiter moved and Mrs. McArthur seconded to authorize the use of City property at 106 Water Street for a little free library box. GENERAL PUBLIC Mayor King stated that there has been much discussion surrounding the topic of a sober house in the City and would like staff to address the zoning requirements and Council s responsibility. Following staff, he would like Patricia Kidd of the Fair Housing Resource Center to also provide her input. Zoning Administrator Steve Yaney reported that Lake Geauga Recovery Center had contacted him to inquire about their interest in purchasing a property for the purpose of opening a recovery house for 5 or less residents. He met with the Lake Geauga Center and the Law Director to discuss how the house would be used. A house manager would live at the home with the residents who would have already completed their treatment elsewhere prior to moving to this facility. After understanding the intended use, then applying the zoning code, he issued them a permit because the home is a permitted use. There is no public hearings and no action to be taken by Council. Law Director Jim Gillette stated that Lake Geauga came to the City to request a zoning permit to operate a recovery house in the City. Ohio law allows residential facilities that provide personal care services and supervision to 5 or fewer individuals who are recovering from alcohol or drug abuse. It is a permitted use in any residential zoning district including a single family residential district within a political subdivision. Mr. Gillette stated that this is a residential facility that will not provide any drug or alcohol addiction services. It will accommodate 1-5 unrelated male residents who will receive assistance with daily living from a house manager. They will be employed, required to pay rent, be required to participate in 12 step programs and will must remain abstinent from alcohol or drugs and they will receive periodic testing for abstinence. Because the residential facility complies with the requirements of the Ohio Revised Code, it is a permitted use and the State has exclusive jurisdiction and the City has no jurisdiction other than to issue the applied for occupancy permit. He stated that the only authority the City has in this situation is the authority over the issuance of a zoning certificate because it is a permitted use under Ohio law. Once the zoning certificate is issued, the process is over. There is no appeal to Council or Planning Commission. A resident could challenge the issuance of a zoning certificate in court but to deny the use of the premises is a violation of federal and state law. Patricia Kidd, Executive Director of the Fair Housing Resource Center, thanked the City for the lengths they went through regarding how to apply the zoning in this situation. She explained that individuals recovering from drug or alcohol abuse are members of a protected class under Federal and State law. She stated that anyone actively using drugs has no protection; however, as soon as they make an effort to get assistance, they are considered disabled and are entitled to Federal protections. They have a right to live in a community of their choice and they should be able to recover in a manner of their choosing peacefully and without opposition. Cheryl McCourt, President of Bridges to Discovery, which helps people transfer from drug and alcohol treatment to independent living, explained that her 20 bed facility in Jefferson, Ohio has not had any issues with the community since it opened over 2 years prior. 4

5 Dennis Michaelson, Executive Director of National Alliance for Mental Illness in Geauga County, explained that the need for the sober house is great. He understands the hesitation of neighbors to embrace a sober house but this house in the City is a perfect place. He stated that neighbors will not have problems with the sober house because the residents of the house will want to get better. All addicts and alcoholics need is some hope and a chance and a sober house can help give them that. Judge Terri Stupica, stated that 50,000 heroin deaths are predicted for 2015 and expressed the great need for a sober house in Geauga County. Jennifer Parker, 127 Chardon Avenue, spoke as a recovering alcoholic and expressed that the sober house is needed and stated that people need to educate themselves about addiction. Matt Rolf, 127 Ferris Avenue, expressed that initially he had to educate himself about the sober house but feels that the community needs the sober house. Carol Byler, a Hambden Township resident, stated that she ministers to women in jail and expressed that when they are released, they need somewhere to go. She spoke in support of the sober house. Maria Arnold, a jail minister, spoke in support of the sober house. Ian Bailey, 211 West 53 rd Street, Ashtabula, Ohio, spoke in support of the sober house. Ron Wiech, spoke in support of the sober house and expressed the importance of recovering addicts having a place to stay following treatment. Ali Dreher, 116 Water Street, stated that while she applauds those in attendance for their recovery efforts, she is scared for her children that will live next door to the sober house that will have multiple men living there. Jo Greenlea, 309 Water Street, read a letter that her husband wrote to the Maple Leaf, expressing that the house should not be located in the City. Laura Leggett, 9955 Basquin Road, stated that she applauds those in attendance for their recovery efforts and would like to see more of these homes and suggested that someone purchase the Dreher s home at market value. Martin Demcheck, 136 Spring Street, Burton, Ohio, spoke in support of the sober house and expressed that it could be a beacon of hope for someone who needs help. Mayor King addressed Mrs. Dreher and thanked her for speaking and expressed that he does not want her to move and believes that she will have any problems living next to the sober house. Melanie Blasco, President and CEO of Lake Geauga Recovery Centers, stated that they have been operating residential treatment centers for 40 years. The treatment centers are all located in residential areas and the majority of their clients in these centers are able to achieve success. Part of their mission is to promote lifeline recovery which she feels the recovery house will do. She stated that she is saddened by the opposition to the recovery house but she will work hard to make this facility succeed. 5

6 OLD BUSINESS Regarding the approval of a sculpture by Matthew Albright in Chardon Square, Mr. Albright brought a sample of the materials he is proposing for the sculpture and stated that he has commitments to fund 100% of the project. Mrs. Reiter asked the dimensions of the sculpture. Mr. Albright stated that the proposed sculpture is 8 ft. tall and 6 ft. wide. Mr. Hornyak asked about the potential for kids to hurt themselves climbing on the sculpture. Mr. Albright stated that it would be difficult for kids to hurt themselves but can tone down the edges so they are smoother. Mrs. Reiter stated that she is not able to envision the sculpture without the Heritage House being complete. Mayor King stated that he feels that if Council approves the concept, he trusts staff to oversee the project. Mr. Blackley moved and Mrs. McArthur seconded to approve the sculpture proposed by Matthew Albright. Results of the roll call vote: Blackley: King: Yes Mallen: McArthur: Meleski: Reiter:No Smock: Yes Yes Yes Yes Yes Motion passed. Meeting recessed at 8:55 PM. Meeting reconvened at 9:00 PM. NEW BUSINESS Regarding objections to liquor permits due to expire October 1, 2015, Mayor King asked the Police Chief if there were any issues with liquor establishments that Council should be aware of. Chief Niehus stated that there were no problems that he was aware of with the liquor establishments currently. There were no any objections to liquor permits due to expire October 1, Regarding the change order for CATTS construction for the Lost Pond Parkway entrance resurfacing, Mr. Hornyak stated that there is rebar in the road that is coming to the surface of the concrete and it is in need of repair. Staff looked at a way to deal with the needed repair in a cost effective manner and are suggesting that the same process that is being done on the current OPWC project, be done on Lost Pond Parkway. Mr. Courtney reviewed the repair process for the road. He added that he is comfortable 6

7 with the pricing he received from the contractor. Mayor King questioned the work that had been done in recent years to Lost Pond Parkway. Mr. Courtney stated that in 2012, full depth concrete repairs were done to small sections of deteriorated joints. Mr. Blackley moved and Mr. Smock seconded to authorize the change order for CATTS construction in the amount of $92, Mrs. Reiter asked if another change order could be added to the project in the future. Mr. Gillette stated that another change order could be added to the project if it is under $100,000. Mayor King asked if there are funds available for the project. Mr. Rogonjic stated that funds are available that were budgeted for Meadowlands Drive repair. Regarding Heritage House use policies recommended by Park and Recreation Board and Staff, Mr. Sharpe began by reviewing how the City s facilities are currently being used and the types of uses the Heritage House may provide. He noted that Council and the Park and Recreation Board have scheduled a joint meeting for August 20, 2015 to discuss policies and uses of the Heritage House. Park and Recreation Board Chairman Matt Rolf reviewed the policies and recommendations for the Heritage House made by the Board that included rates, exceptions to the varying uses of the building, and administrative policies. Mr. Sharpe briefly reviewed staff recommendations of the policies and noted that they were trying to keep the administration of the policies simple. Mr. Mallen noted that the City needs to be competitive with the Bostwick Room at the library that offers their room at no charge for County residents. Mr. Smock stated that he wants to make sure that the facility is cleaned and maintained adequately. LEGISLATION AN ORDINANCE REGULATING DEVELOPMENT IN THE CHARDON UPTOWN HISTORIC DISTRICT was read for the second time by title only. ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT/AGREEMENT WITH E.H. SUTTON INSURANCE AGENCY, INC. FOR THE PURPOSE OF PROVIDING INSURANCE CONSULTING SERVICES AND DECLARING AN EMERGENCY was read for the first time by title only. Mr. Smock moved and Mrs. McArthur seconded the rules be suspended and the Ordinance be read for the second and third time by title only. Upon roll call vote the Ordinance No was then read for the second and third time by title only. 7

8 Mrs. McArthur moved and Mr. Meleski seconded for the adoption of Ordinance No Mr. Sharpe noted that the E.H. Sutton Insurance Agency has provided insurance consulting for the City for many years and noted that there is no increase over the prior year s contract. RESOLUTION NO A RESOLUTION TO AMEND RESOLUTION NO , WHICH DECLARED THE NECESSITY OF REPAIRING AND RECONSTRUCTING CERTAIN SIDEWALKS IN THE CITY OF CHARDON AND REQUIRING ABUTTING PROPERTY OWNERS TO DO THE WORK AND, IF NOT DONE, AUTHORIZING THE CITY OF CHARDON TO REPAIR OR REPLACE THE SIDEWALKS AND ASSESS THE COST TO THE PROPERTY OWNER; AND DECLARING AN EMERGENCY was read for the first time by title only. Mrs. McArthur moved and Mr. Blackley seconded the rules be suspended and the Resolution be read for the second and third time by title only. Upon roll call vote the Resolution No was then read for the second and third time by title only. Mr. Blackley moved and Mr. Smock seconded for the adoption of Resolution No Mr. Hornyak stated that in the first round of the sidewalk program, the City missed identifying a sidewalk deficiency at 120 Court Street in the legislation at that time because of the difficulty in identifying addresses from the County GIS system. RESOLUTION NO A RESOLUTION DECLARING THE NECESSITY OF REPAIRING AND RECONSTRUCTING CERTAIN SIDEWALKS IN THE CITY OF CHARDON; REQUIRING THAT ABUTTING PROPERTY OWNERS TO REPAIR OR REPLACE SIDEWALKS; RATIFYING AND CONFIRMING NOTICES; AUTHORIZING REPAIR OR REPLACEMENT OF SIDEWALKS AND, IN CERTAIN CASES, PROVIDING FOR ASSESSMENT OF COST; AND DECLARING AN EMERGENCY was read for the first time by title only. Mrs. McArthur moved and Mr. Meleski seconded the rules be suspended and the Resolution be read for the second and third time by title only. Upon roll call vote the Resolution No was then read for the second and third time by title only. Mr. Smock moved and Mr. Blackley seconded for the adoption of Resolution No Mr. Hornyak stated that the legislation is the next step in the sidewalk program. It will allow the Public Service Department to formally notify the property owners with sidewalk deficiencies that the process has begun. Mrs. Reiter asked what the appeal process is for residents who do not agree with the determination of the condition of their sidewalks. Mr. Hornyak stated that there is not an appeal process for the inspection of their sidewalks. When the City performs inspections, staff will meet with the property owner and explain their deficiencies in detail and have at times, adjusted the responsibility 8

9 accordingly. sidewalk. The appeal process the City has is related to the assessment of the Mr. Hornyak explained that the pricing the City is getting is much higher than when the program first began and it is financially beneficial for the property owners to have the work done on their own rather than to go through the City s contractor. Mr. Smock asked if there are additional administrative costs if a property owner chooses to participate in the City s program rather than replacing the sidewalk on their own. Mr. Hornyak stated that there are costs related to work done by the City Engineer as part of the City s program which can be avoided if a homeowner chooses to replace the sidewalk on their own. ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWO YEAR LEASE AGREEMENT WITH LEADERSHIP GEAUGA COUNTY, AN OHIO NON- PROFIT CORPORATION, FOR PROPERTY LOCATED AT 103 SOUTH STREET, SUITE 1, CITY OF CHARDON, OHIO, AND DECLARING AN EMERGENCY was read for the first time by title only. Mrs. McArthur moved and Mr. Meleski seconded the rules be suspended and the Ordinance be read for the second and third time by title only. Upon roll call vote the Ordinance No was then read for the second and third time by title only. Mr. Blackley moved and Mrs. McArthur seconded for the adoption of Ordinance No Mrs. Reiter asked the cost per square foot for the unit. Mr. Yaney stated that the average price for all the City s leased spaces is $1.20 per square foot per month. ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND THE LEASE TO GEAUGA LYRIC THEATRE GUILD, AN OHIO NON-PROFIT CORPORATION, OF THE PREMISES AT 106 WATER STREET FOR AN ADDITIONAL YEAR, UNTIL DECEMBER 31, 2025 AND DECLARING AN EMERGENCY was read for the first time by title only. Mr. Meleski moved and Mr. Mallen 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 Mrs. McArthur seconded for the adoption of Ordinance No Mr. Yaney stated that the Theater Guild has requested a one year extension to their ten year lease so that they may qualify for a the grant reimbursement from the Ohio Facilities Construction Commission. ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE WITH PHILIP A. HLABSE TO ERECT A SUBDIVISION IDENTIFICATION SIGN 9

10 WITHIN THE PUBLIC RIGHT-OF-WAY AT 300 IRMA DRIVE AND DECLARING AN EMERGENCY was read for the first time by title only. Mrs. McArthur moved and Mr. Smock seconded the rules be suspended and the Ordinance be read for the second and third time by title only. Upon roll call vote the Ordinance No was then read for the second and third time by title only. Mr. Smock moved and Mr. Meleski seconded for the adoption of Ordinance No Mr. Gillette stated that Philip Hlabse, on behalf of the property owners of Chardon Park Estates, has requested permission to place entrance signs in the right of way. Mrs. Reiter asked why the sign would not be placed at the entrance of the subdivision. Mr. Yaney stated that the property owners need to give their permission to have the signs in their yards and those property owners did not have any interest in having the signs in their yards. Mr. Smock asked if the Ordinance would prohibit a change in the style of the sign as long as it meets the zoning code regulations. Mr. Gillette stated that the legislation is not sign specific but it refers to the location. Mayor King noted that Jim Pruce has donated the signs and the residents have agreed to maintain them. RESOLUTION NO A RESOLUTION DECLARING THE OFFICIAL INTENT AND REASONABLE EXPECTATION OF THE CITY OF CHARDON ON BEHALF OF THE STATE OF OHIO TO REIMBURSE ITS INFRASTRUCTURE IMPROVEMENT FUND FOR THE MAPLE AVENUE IMPROVEMENTS (OPWC PROJECT NUMBER CG21S/CG22S) WITH THE PROCEEDS OF TAX EXEMPT DEBT OF THE STATE OF OHIO was read for the first time by title only. Mr. Blackley moved and Mrs. McArthur seconded the rules be suspended and the Resolution be read for the second and third time by title only. Upon roll call vote the Resolution No was then read for the second and third time by title only. Mr. Blackley moved and Mr. Smock seconded for the adoption of Resolution No Mr. Rogonjic stated that since the City will be paying the vendor for the services and asking for reimbursement from the State, the legislation is necessary so that funds will be put in a fund to cover the costs. ORDINANCE NO AN ORDINANCE AMENDING APPROPRIATIONS IN THE CITY OF CHARDON TREASURY FOR 2015 AND DECLARING AN EMERGENCY was read for the first time by title only. Mrs. McArthur moved and Mr. Mallen seconded the rules be suspended and the Ordinance be read for the second and third time by title only. Upon roll call vote the Ordinance No was then read for the second and third time by title only. 10

11 Mrs. McArthur moved and Mr. Meleski seconded for the adoption of Ordinance No Mr. Rogonjic stated that the appropriations are requested to be amended to cover the Court s additional alcohol monitoring costs. REVIEW OF EXPENDITURES Mr. Meleski reported that all expenditures were in order. EXECUTIVE SESSION Mr. Meleski moved and Mrs. McArthur seconded to adjourn to executive session at 10:18 P.M. for the purpose of discussing the purchase of property invited Paul Hornyak and Mate Rogonjic into the session. Discussion occurred regarding the purchase of property. The meeting reconvened to open session at 10:35 P.M. ANY OTHER BUSINESS TO COME BEFORE COUNCIL Mayor King reported on a recent town hall meeting held at Chardon Park Estates. ADJOURN Mr. Mallen moved and Mrs. McArthur seconded to adjourn. Upon voice vote the motion passed unanimously. The meeting adjourned at 10:41 P.M. Attest: PHILIP G. KING Mayor President of Council AMY DAY Clerk of Council 11