CITY OF MUNROE FALLS CITY COUNCIL MEETING MINUTES TUESDAY, OCTOBER 7, 2014

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1 CITY OF MUNROE FALLS CITY COUNCIL MEETING MINUTES TUESDAY, OCTOBER 7, 2014 Opening: Mr. lona called the meeting to order at 7:02 PM. Pledue of Allegiance: Mr. Barnes led Council in the Pledge of Allegiance. Roll Call: Members of Council present: Steve Stahl, John Hegnauer, Mike Barnes, Bob Pitz, Jim lona, Gary Toth, and Sam Busic. Also Present: Mayor Frank Larson; Law Director Jack Morrison, Jr.; Finance Director David P. Bailey Approval of Minutes: Mr. Toth moved and Mr. Busic seconded the motion to approve the Minutes, as amended, from the September 16, 2014 Regular Council Meeting. Roll call was taken with Mr. Hegnauer, Mr. Barnes, Mr. Pitz, Mr. Iona, Mr. Toth, and Mr. Busic voting for and Mr. Stahl abstaining. Said motion passed. The following was amended from the September 16, 2014 Regular Council Meeting under Ordinances for l~ Reading: Law Director Morrison explained the City is adjusting the paid holidays for the non-bargaining unit members to reflect the same number of holidays as the bargaining units which takes the City back to January 1, REPORT OF OFFICIALS O Mayor s Report: Mayor Larson announced the City will host a Veteran s Special Recognition Ceremony at the Lehner Community Center on October 30, 2014 at 1:00 PM. The City will host a community meeting at Mulberry Gardens on October 15, 2014 at 7:00 PM to discuss Issue 29 (Munroe Falls Police Levy). On October 22, 2014 at 7:00 PM, the City will host a community meeting at Kimpton Middle School (auditorium) for residents to learn more about Issue 29. The Mayor acknowledged he is working on an informational flyer pertaining to Issue 29 to pass out to residents. Additionally, he indicated he will be filing the necessary paperwork with the Board of Elections on October 8, Mayor Larson confirmed Halloween in the City of Munroe Falls is Friday, October 31, 2014 from 6:00 PM to 8:00 PM. Law Director (Jack Morrison, Jr.): Beck Energy Corporation (Twin Falls United Methodist Church Well North River Road): Law Director Morrison reported there was apparently an oil spill, at least that is what the City was told, at the Twin Falls United Methodist Church Well on North River Road. Mr. Morrison noted Mr. Beck and/or Beck Energy Corporation did not notify anyone other than the Ohio Department of Natural Resources (ODNR). He affirmed the City of Munroe Falls was not made aware of the spill, the Ohio EPA was not made aware of the spill, HazMat was not made aware of the spill, and Summit Soil & Water was not made aware of the spill. Law Director Morrison confirmed no other agency was advised of the spill other than the ODNR, at least that is what the City had been told. Mr. Morrison explained Beck Energy began to excavate at the Twin Falls United Methodist Church Well at which point one of the City s Service Department employees observed this work being performed and brought that to the attention of Service Director Bowery. Law Director Morrison explained Service Director Bowery and Mr. Beck spoke about the work Mr. Beck was conducting at the Well. Service Director Bowery returned to City FOR ALL PERSONS WITH DISABIuT1ES: The city of Munroe Falls is committed to ensuring that persons with disabilities can participate fully and fairly in city programs, activities, and services. If you are a person with a disability who needs a reasonable accommodation, contact the clerk of council 48 hours in advance to make necessary Page 1 of8

2 Hall where further discussions were held with City officials (including Mayor Larson and Law Director Morrison). Law Director Morrison said it was at that time Mr. Beck was instructed he needed to a obtain an excavation permit at which time Mr. Beck affirmed he would come right down to City Hall to obtain the permit Mr. Beck never showed up to obtain the permit and his company continued to excavate the area of the Well. Mr. Morrison stated a Stop Work Order was issued and posted at the worksite; however, Mr. Beck ordered the operator of the bulldozer to continue to work. The operator of the bulldozer was cited for violating the Stop Work Order. Law Director Morrison reported the following day, the same set of events occurred again at the Twin Falls United Methodist Church Well. This time, Police Chief Pozza informed Mr. Beck that they had to stop working and if they did not, the operator of the bulldozer (who was physically doing the excavation) would be cited again. Mr. Beck informed Chief Pozza that the City of Munroe Falls had no jurisdiction of any kind and that he was not going to discontinue the excavation. The operator of the bulldozer was cited for a second time. Law Director Morrison explained the matter was heard in the City of Munroe Falls Mayor s Court where they (Beck Energy) pled not guilty and the case was transferred to the Stow Municipal Court. Mr. Morrison confirmed Prosecutor John Chapman is representing the City of Munroe Falls in this matter and he (Law Director) has reviewed this case with Prosecutor Chapman. Mr. Morrison disclosed Beck Energy discontinued work at the Twin Falls United Methodist Church Well and they have filed a Verified Complaint For Declaratory Judgment And Prohibitory Injunctive Relief and a Motion For Temporary Restraining Order, seeking to restrain the City of Munroe Falls from interfering and/or preventing the remediation efforts and production of oil and gas at the Twin Falls United Methodist Church Well. Law Director Morrison explained a brief hearing on the Temporary Restraining Order was heard on October 2, 2014 before Judge Croce. Mr. Morrison mentioned Judge Croce informed Mr. Beck he needed to fill out the City s zoning application for excavation at which time Mr. Beck reported to City Hall and complied with the judge s orders. An excavation permit was issued by the City of Munroe Falls to Mr. Beck and he continued to do the backfill. Law Director Morrison proclaimed the civil case has now been resolved. He asserted the two criminal cases (misdemeanors) remain pending and Prosecutor Chapman will prosecute those cases in Stow Municipal Court. Law Director Morrison verified Mr. Beck has voluntarily dismissed the lawsuit. President of Council (Jim lona): No report Next Regular Council meeting is scheduled for Tuesday, October21, 2014 at 7:00 PM. Director of Finance (David Bailey): No report Service Director (Jim Bowerv): Mayor Larson reported the City is hiring temporary employees for the Fall Leaf Collection Program. The Mayor acknowledged during the Valve Exercising Program, the City encountered a couple of water main breaks. He is pleased to report the water main breaks have since been repaired. According to the Mayor, team members are responding to road, water, and stormwater maintenance projects, servicing City vehicles, and are following up on Zoning requests and violations. Police Chief (Thomas Pozza): The Mayor noted Officers are patrolling the City, responding to calls for service, and assisting residents. FOR ALL PERSONS WITh DI5ABILfl1ES: The city of Munroe Falls is committed to ensuring that persons with disabilities can participate ftilly and fairly in city programs, activities, and services. If you are a person with a disability who needs a reasonable accommodation, contact the cled( of council 48 hours in advance to make necessary Page 2 of 8

3 Fire Chief (Lee Chafin): According to the Mayor, Fire Department personnel are responding to Fire and EMS calls as well as providing necessary assistance and support within the community. REPORTS OF COMMITTEES CommunitylEconomic Development Committee (as reported by Chairman Jim lona): Mr. lona announced there will be a free health fair, sponsored by Western Reserve Hospital, at the Cuyahoga Falls Natatorium on Saturday, October11, 2014 from 8:00 AM to 1:00PM. The Columbus Day Parade in North Akron, Ohio will be held on Saturday, October 11,2014 beginning at 10:00 AM. Kickoff is at Stonehedge Family Center. Mr. lona reported he attended the grand re-opening of Serpentini Chevrolet in Tallmadge, Ohio. According to Mr. lona, the University of Akron Zips football team is in receipt of new uniforms and gold helmets. He disclosed the Zips are a good football team and the university needs to work on getting the attendance up in the stadium. Next Community/Economic Development meeting will be Tuesday, October 14, 2014 at 6:30 PM. FinancelAudit Committee (as reported by Chairman Gary Toth): The Finance/Audit Committee met earlier in the evening. Their Agenda included Outstanding Check Register 9-3C. Mr. Toth explained there was a brief discussion on the proposed ordinances that Law Director Morrison mentioned during the Council Meeting on September 16, o Law Director Morrison noted there is a new administrative tow fee that was requested by the Police CD Department. paperwork thathe theindicated department when needs thetopolice complete Department in order for tows theaowner vehicle, to get there their is vehicle a fair amount released. of According to Mr. Toth, Res. # (A resolution authorizing advancement of local taxes for the fiscal year 2015) can go for three readings. Mr. Toth confirmed Res. # (A resolution directing the County of Summit to cease collection on a certain Bond Retirement Fund for the City of Munroe Falls, and declaring an emergency), Res. # (A resolution accepting the amounts and rates as determined by the Budget Commission, authorizing the necessary tax levies and certifying them to the County Auditor, and declaring an emergency), and Res. # (A resolution authorizing the Mayor to enter into a lease purchase agreement with First Merit Bank, N.A. in the sum of seven hundred thousand dollars ($700,000.00) in connection with the acquisition, installation and implementation of equipment as identified in the description of equipment and declaring an emergency) need emergency legislation this evening.. According to Mr. Toth, there was a brief discussion on the implementation of the tablets (computers). Mr. Toth reported the 2015 Budget Workshop is scheduled for October 14, 2014 at 6:00 PM. Next Finance/ Audit Committee meeting will be Tuesday, October21, 2014 at 6:30 PM. General Government Services (as reported by Chairman Kegnauer): The General Government Services Committee met on September 9, Next General Government Services meeting will be Tuesday, October 14, 2014 at 6:30 PM. FOR ALL PERSONS WITh DISABIUTTES: The City of Munroe Falls is committed to ensuring that persons with disabilities can participate fijlly and fairly in City programs, activities, and services. If you are a person with a disability who needs a reasonable accommodation, contact the CleriK of Council 48 hours in advance to make necessary Page 3 of 8

4 Public Safety (as reported by Chairman Barnes): The Public Safety Committee met on September 9, Next Public Safety meeting will be Tuesday, October 14, 2014 at 6:30 PM. Planning Commission (as report by Chairman Bob Pitz): Mr. Pitz noted the Planning Commission met on Tuesday, September 23, 2014 and reviewed the following application: o PC : Dawn Eisenberg. Ms. Eisenberg is seeking approval for a new business (fitness boot camp) within the City of Munroe Falls and to add a sign (banner) to the front of the building at 84 South Main Street. The Planning Commission approved Application PC and Mr. Pitz is respectfully requesting Council s approval this evening on Res. # (sign) at 84 South Main Street. Next Planning Commission meeting will be Tuesday, October 28, 2014 at 7:00 PM. Parks & Recreation (as reported by Chairman Sam Busic): The Parks Board Committee met on Thursday, October 2, 2014 at the Lehner Community Center. Mr. Busic reported the decision was made to go with the 6 combination metal and resin park benches, to be installed in front of Guise Park Lodge, at the cost of $ each. The City anticipates having the benches in place before the end of October. The tennis and basketball courts at Guise Park are being destroyed by tree roots; cost to fix just the tennis court is approximately $7, $8,000.00, which is not in the budget at this time. Mr. Busic reported Service (~) Director Bowery was going to recommend to the City that several of the trees in the area be trimmed and put that cost into the operational budget for next year. Due to the number of guests permitted (per the Summit County occupancy permit) in the Lehner Community Center (49), Mr. Busic explained the current rental rates are in-line with other communities (Tallmadge, Stow, and Cuyahoga Falls). Mr. Busic reported the Parks Board has made the decision to keep the rates the same. o Mr. Busic mentioned if the City wanted to increase the number of guests to 50, the City would need to meet commercial applications and standards for lighting and wiring and the City would be required to put in a sprinkler system throughout the building. Mr. Busic indicated according to Service Director flowery, for these upgrades, it would cost the City over $100, The City of Munroe Falls Tree Lighting Ceremony is tentatively scheduled for Friday, December 5, Mr. Busic indicated Parks Board Members will be sending letters out to community businesses in the coming weeks asking for their participation and donations. The gazebo at Brust Park is in need of repairs (due to vandalism) and unfortunately cannot be decorated for the holidays (due to safety concerns). Mr. Busic mentioned the City hopes to have the gazebo repaired for next year s festivities. December s Parks Board Meeting has been moved to Friday, December 5, 2014, following the Tree Lighting Ceremony, at Guise Park Lodge. January s Parks Board Meeting has been moved, due to the January 1st holiday, to Thursday, January 8, Next Parks & Recreation Board meeting will be Thursday, November 6, 2014 at 7:00 PM at the Lehner Community Center. FOR ALL PERSONS WITH DI5ABIuTIES: The city of Munroe Falls is committed to ensuring that persons with disabilities can participate ftjlly and fairly in city programs, activities, and services. If you are a person with a disability who needs a reasonable accommodation, contact the clerk of council 48 hours in advance to make necessary arrangements, Page 4 of 8

5 Persons to Appear Before Council at Large: John Welfley, 448 Hiwood Avenue, Munroe Falls, Ohio: o Mr. Welfley asked the City for an update on the grates in the area of Hiwood Avenue? a Mayor Larson informed Mr. Welfley this matter will be discussed during the Committee Meeting on Tuesday, October 14, 2014 beginning at 6:30 PM. LEGISLATION Ordinances for 1st Reading: Ord. # : AN ORDINANCE AMENDING SECTION (c) ENTITLED DEFINITIONS TO ADD THE DEFINITION OF BUILDING OFFICIAL FOR PURPOSES OF ENFORCEMENT OF CHAPTER 1176, AND DECLARING AN Ord. # : AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CHAPTER 163 OF THE MUNROE FALLS CODIFIED ORDINANCES TO REVISE AND CONSOLIDATE ALL FEES WITHIN CHAPTER 163 OF THE MUNROE FALLS CODIFIED ORDINANCES, AND DECLARING AN Ord. #201406: AN ORDINANCE AMENDING SECTIONS and OF THE MUNROE FALLS CODIFIED ORDINANCES TO ALL FOR THE CONSOLIDATION OF ALL FEES IN CHAPTER 163 OF THE MUNROE FALLS CODIFIED ORDINANCES, AND DECLARING AN Ord. # : AN ORDINANCE AMENDING SECTION OF THE MUNROE FALLS CODIFIED ORDINANCES TO ALLOW FOR THE CONSOLIDATION OF ALL FEES IN CHAPTER 163 OF THE MUNROE FALLS CONDIFIED ORDINANCES, AND DECLARING AN Ord. # : AN ORDINANCE AMENDING SECTION (b)(1) TO ESTABLISH THE PERMIT FEES FOR STREET OPENINGS AND EXCAVATIONS AND CONSOLIDATING THE IDENTIFICATION OF ALL SUCH FEES IN CHAPTER 163 OF THE MUNROE FALLS CODIFIED ORDINANCES, AND DECLARING AN Ord. #201409: AN ORDINANCE AMENDING SECTION OF THE MUNROE FALLS CODIFIED ORDINANCES TO ALLOW FOR THE CONSOLIDATION OF ALL FEES IN CHAPTER 163 OF THE MUNROE FALLS CONDIFIED ORDINANCES, AND DECLARING AN FOR ALL PERSONS WITH DISABIUTIES: The city of Munroe Falls is committed to ensuring that persons with disabilities can participate fully and fairly in City programs, activities, and services. If you are a person with a disability who needs a reasonable accommodation, contact the Clerk of Council 48 hours in advance to make necessary Page 5 of 8

6 Ord. #201410: AN ORDINANCE AMENDING SECTION (a) OF THE MUNROE FALLS CODIFIED ORDINANCES TO ALLOW FOR THE CONSOLIDATION OF CANVASSING FEES IN CHAPTER 163 OF THE MUNROE FALLS CODIFIED ORDINANCES, AND DECLARING AN Ord. #201411: AN ORDINANCE AMENDING SECTION ENTITLED ALARM USERS PERMIT, SECTIONS (e) and (f), TO ALLOW FOR THE CONSOLIDATION OF ALL PERMIT FEES IN CHAPTER 163 OF THE MUNROE FALLS CODIFIED ORDINANCES, AND DECLARING AN Ordinances for 2nd Reading: NONE Ordinances for 3rd Reading: NONE Resolutions for 1st Reading: Res. #201440: A RESOLUTION APPROVING AND ACCEPTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPLICATION PC FOR A NEW SIGN AND DECLARING AN Mr. Pitz motioned and Mr. Stahl seconded the motion to suspend the rules and omit all further readings of Res. # Roll call was taken and the motion passed unanimously. Mr. Pitz motioned and Mr. Stahl seconded the motion to adopt Res. # passed unanimously. Roll call was taken and the motion Res. #201441: A RESOLUTION AUTHORIZING ADVANCEMENT OF LOCAL TAXES FOR THE FISCAL YEAR Res. #201442: A RESOLUTION DIRECTING THE COUNTY OF SUMMIT TO CEASE COLLECTION ON A CERTAIN BOND RETIREMENT FUND FOR THE CITY OF MUNROE FALLS, AND DECLARING AN Mr. Busic motioned and Mr. Barnes seconded the motion to suspend the rules and omit all further readings of Res. # RoIl call was taken and the motion passed unanimously. Mr. Busic motioned and Mr. Barnes seconded the motion to adopt Res. # motion passed unanimously. Roll call was taken and the FOR ALL PERSONS WITH DISABILITIES: The city of Munroe Falls is committed to ensuring that persons with disabilities can participate fijily and fairly n city programs, activities, and services. If you are a person with a disability who needs a reasonable accommodation, contact the cled< of council 48 hours in advance to make necessary Page 6 of 8

7 Res. # : A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION, AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR, AND DECLARING AN Mr. Stahl motioned and Mr. Toth seconded the motion to suspend the rules and omit all further readings of Res. # Roll call was taken and the motion passed unanimously. Mr. Stahl motioned and Mr. Barnes seconded the motion to adopt Res. # motion passed unanimously. Roll call was taken and the Resolutions for 2nd Reading: Res. #201439: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE PURCHASE AGREEMENT WITH FIRST MERIT BANK N.A. IN THE SUM OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00) IN CONNECTION WITH THE ACQUISITION, INSTALLATION, AND IMPLEMENTATION OF EQUIPMENT AS IDENTIFIED IN THE DESCRIPTION OF EQUIPMENT, AND DECLARING AN Mr. Stahl motioned and Mr. Busic seconded the motion to suspend the rules and omit all further readings of Res. # Roll call was taken with Mr. lona, Mr. Hegnauer, Mr. Barnes, Mr. Pitz, Mr. Stahl, and Mr. Busic voting for and Mr. Toth abstaining from Res. # Said motion passed. Mr. Stahl motioned and Mr. Busic seconded the motion to adopt Res. # Roll call was taken with Mr. Hegnauer, Mr. Stahl, Mr. Busic, Mr. lona, Mr. Barnes, and Mr. Pitz voting for and Mr. Toth abstaining from Res. # Said motion passed. Resolutions for 3rd Reading: NONE Old Business: None New Business: Motion to Council: Mr. Toth motioned and Mr. Busic seconded the motion whereas the Munroe Falls City Council, after reviewing all pertinent information, will promote and encourage the voters of the City of Munroe Falls to support Issue 29. Roll call was taken and the motion passed unanimously. FOR ALL PERSONS WITH DISABILfl1ES: The city of Munroe Falls is committed to ensuring that persons with disabilities can participate fully and fairly in city programs, activities, and services. If you are a person with a disability who needs a reasonable accommodation, contact the clerk of council 48 hours in advance to make necessary Page 7 of 8

8 Mr. Barnes indicated the Metro Parks occasionally issues a limited number a restricted deer hunting permits as part of a program called Deer Management in the Metro Parks. Mr. Barnes disclosed the City of Munroe Falls has an ordinance that clearly prohibits hunting within City limits. Mr. Barnes affirmed the City does have a deer population problem and he would like to have discussions in the near future regarding amending City ordinance to permit certain types of hunting for Metro Parks permit holders, within Metro Park boundaries, and in compliance with other City of Munroe Falls ordinances. Mr. Barnes would like to address, after the first of the year, the issue of abandoned houses within the City of Munroe Falls. o Law Director Morrison explained if an abandoned home falls into a condition of disrepair (shutters falling off, gutters/downspouts falling down, garage doors falling off, windows broken, et cetera), the Service Director will go out and write an order for nuisance abatement. Mr. Morrison noted there are a number of empty houses within the City that are in foreclosure and may be in foreclosure for a year or two that are not abandoned (utilities are going to these homes). Law Director Morrison reported he believes there are approximately 100 homes in Munroe Falls that are vacant because of Sheriff Sale foreclosures. Adjournment: Mr. Busic motioned and Mr. Toth seconded the motion to adjourn at 8:27 PM. Voice vote was taken and passed unanimously. o()ti~of C~cil FOR ALL PERSONS WITH DISABIuTIES: The city of Munroe Falls is committed to ensuring that persons with disabilities can participate fully and fairly in City programs, activities, and services. If you are a person with a disability who needs a reasonable accommodation, contact the clerk of Council 48 hours in advance to make necessary Page 8 of 8