REGULAR SESSION. October 11, 2018

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1 REGULAR SESSION October 11, 2018 The Council of the City of Chardon met in Regular Session Thursday, October 11, 2018 at 6:30 P.M. in Council Chambers of the Chardon Municipal Center. Jeffrey Smock, 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, Daniel Meleski, Jeffrey Smock. Members of Council absent: Nancy McArthur (6:35 p.m.) 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, Community Development Administrator Steve Yaney, Amy Patterson, Mary Glauser, Ken Ovark, Joe Koziol, Brad Sekas, Chris Semrock, Michael Perrico, Hannah Sekas, Laura Diemer, Roger Kangas. APPROVAL OF MINUTES Members of Council made amendments to the minutes of the September 11, 2018 Joint Special Session and September 13, 2018 Regular Session. Mrs. Chuha moved and Mr. Meleski seconded to approve the minutes of the September 11, 2018 Joint Special Session and September 13, 2018 Regular Session as amended. Mrs. McArthur arrived (6:35 p.m.) MANAGER'S REPORT Mr. Sharpe reported that he, Mayor Smock, and Officer Shaw attended the Chardon Township Trustees meeting to request continued funding for the School Resource Officer (SRO) position in Chardon Schools. The trustees unanimously voted to contribute $8,200 for the school year. Letters were subsequently sent to the trustees in Claridon, Munson and Hambden Townships requesting financial support. Munson Township has responded indicating that they would not be contributing to the position because they believe real estate taxes paid to the school should fund the position. Mr. Grau asked the amount the City contributes for the SRO position. Mr. Sharpe stated that the City and school split the cost after any township contributions. Mr. Rogonjic stated that the cost for the most recent school year was $70,000 split between the City and school. 1

2 Members of Council commented on lack of contributions by the remaining townships to fund the SRO position and discussion occurred regarding follow-up with the townships by the City Manager. Mr. Sharpe reported that the Civil Service Commission met to certify the eligibility list for the second Sergeant position. The swearing-in of the chosen candidate is anticipated prior to the November Council meeting. Mr. Sharpe reported that staff met with representatives from The Illuminating Company to discuss the Phase II LED Street Light Conversion Project that would convert 130 street lights to LED. This phase is focused on some of the primary roads since this is where the most cost savings is realized. It is anticipated that the conversion will take 2-3 weeks and will occur by the end of the year. Mr. Sharpe reported that the City received notice that the Local History Services Department and the William G. Pomeroy Foundation selected Chardon as a grant recipient for the cost of an Ohio Historical Marker for Hanging Rock. Mr. Sharpe reported that the City has been selected as 1 of 14 communities to receive bicycle and pedestrian data collection equipment through the Northeast Ohio Areawide Coordinating Agency (NOACA) at no cost to the City. The anticipated location for the equipment is the trailhead on South Street. A motion is requested to authorize him to enter into a memorandum of understanding with NOACA for permanent bicycle and pedestrian data collection equipment. Mr. Blackley moved and Mr. Grau seconded to authorize the City Manager to enter into a memorandum of understanding with NOACA for permanent bicycle and pedestrian data collection equipment. Mrs. McArthur inquired about what will be done with the data that is collected. Mr. Sharpe stated that the equipment will determine the manner in which the trail is being used and the number of people that are using it. Mr. Sharpe reported that the 2018 Street Maintenance Program and Round #5 of the Sidewalk Maintenance Repair Program have begun. Mr. Sharpe reported that he and Councilman Blackley were elected to serve on the OPWC District Seven Integrating Committee at its October 3, 2018 re-organization meeting. Mr. Sharpe reported on the public works projects. PLANNING COMMISSION REPORT none. Community Development Administrator, Steve Yaney, reviewed the 3 rd quarter economic development report. COUNCIL COMMITTEE REPORTS Service 2

3 Mr. Blackley reported that the Committee met and discussed the restoration of the gazebo. Mr. Blackley reported that the Committee also reviewed the Capital Plan. Mr. Blackley reported that the Service Committee reviewed the single trash hauler bid specifications and recommended that they be considered for bidding. Mr. Yaney reviewed highlights from the bid specifications. Mr. Lelko asked for clarification of some of the items contained in the bid specifications. Mr. Grau stated that he would like the bid specifications to include an additional discount for annual pre-payments and a larger discount for senior citizens. Discussion occurred regarding the amount of a senior citizen discount. Mr. Yaney expressed the need to have a specified discount amount in the bid specifications so that bids are able to be compared. After some discussion, Council concurred to leave the senior citizen discount at 10%. Mr. Gillette stated that he would include a provision in the bid specifications for bidders to provide a discount for customers who pay annually. Roger Kangas, owner of Chardon Disposal, asked Council to consider how their decision will affect small, City-based businesses. Chris Semrock, Waste Management District Manager, stated that Waste Management is happy to serve the community either by subscription or through a bidding process. Mr. Blackley moved and Mr. Lelko seconded to authorize the City to go out to bid for a single trash hauler. Upon roll call vote the motion passed unanimously. Water/Sewer Mrs. Chuha reported that the Water & Sewer Committee met and discussed establishing a connection fee for the Railroad Trunk Sewer. Mr. Sharpe stated that the Committee recommended staff s proposal for a 25% economic development discount for properties that connect to the sewer within 5 years. This option is a way to encourage property owners to pay the connection fee and develop the parcels in a timely manner. He added that in order to ensure equitable treatment of all property owners, the City could apply a 25% discount to the developed parcels that will be required to tie in to the line within one year. Mrs. McArthur expressed concern that the discount amount is too large, and there are property owners who are not looking for a discount but would receive one under this proposal. 3

4 Mr. Sharpe stated that while the Committee recommended bringing forward the 25% discount, the amount was arbitrary and can be changed. Mr. Lelko asked if staff can ask Calfee, Halter & Griswold for more information about how the discount must be offered to the property owners equally. Mr. Gillette stated that Calfee, Halter & Griswold has provided a strong opinion that what is offered to 1 must be offered to all. Mrs. McArthur asked if some other type of discount can be offered to the vacant parcel property owners. Mr. Blackley stated that he is concerned that offering a discount may cause issues with other residential developers who also would like a discount. Mr. Gillette explained that this is the City s sewer project and not a developer s project. Mr. Lelko asked if there is a deadline that this decision needs to be made. Mr. Sharpe stated that a decision needs to be made by December. He stated that if an economic development incentive is desired, it would have to be offered to all residential developments which is unrelated to the sanitary sewer. Council asked the Law Director to prepare the legislation with and without a discount. Members of Council asked staff to investigate what other economic development incentives the City is able to offer to promote the development of the vacant parcels. Finance Regarding changes to the City s liquidity policy, Mr. Meleski reported that the Committee met and discussed revisions to the City s liquidity policy and the adoption of a credit card policy. Finance Director Mate Rogonjic, stated that revisions to the Liquidity Policy are being proposed because the City s General Operating Reserve Fund became fully funded at the end of Because the City now has available reserve funds that could be used for unexpected situations, he is suggesting that the policy be modified to allow a reduction in the reserve threshold in the General Fund (from 10% to 5%) when the operating reserve is fully funded. He also suggested an additional restriction on the use of the additional funds and suggested the policy also be modified to require that the difference between a 10% reserve and the actual appropriated reserve would have to be earmarked for infrastructure improvements and fixed asset purchases and for the maintenance of those items. Mr. Meleski moved and Mrs. Chuha seconded to modify the liquidity policy as outlined by the Finance Director. Mrs. McArthur asked if the reduction in the reserve threshold will affect the City s bond rating. 4

5 Mr. Smock stated that the reduction should not have any effect on the City s bond rating. Regarding the adoption of a credit card policy, Mr. Meleski stated that House Bill 312 requires municipalities to adopt a written policy that governs the use of credit cards. He provided an overview of the policy prepared by the Finance Director and noted that the Finance Committee reviewed the policy and recommended its adoption. Mr. Meleski moved and Mrs. Chuha seconded to adopt the credit card policy as presented. Mrs. McArthur asked about credit card rewards. Mr. Meleski stated that credit card rewards are addressed in the policy but the City still has to determine how they will be used. HEARING OF PERSONS BEFORE COUNCIL THOSE PERSONS ON THE AGENDA Mary Glauser, Chardon Tomorrow Executive Director, reported on Chardon Tomorrow s recent activities and upcoming events for the remainder of Ms. Glauser also discussed a Sunday liquor sales ballot issue that would allow for the sale of liquor on Sundays in Precinct A to help businesses on the Square and to promote economic development. Michael Perrico, Main Street business owner, spoke about the need for Sunday liquor sales on Main Street and expressed his support for the ballot issue. GENERAL PUBLIC Ken Ovark, 334 Irma Drive, addressed Council and asked questions pertaining to having an elected mayor. Hannah Sekas, 390 Park Avenue, read a letter from Victoria Nicholas who served as a Charter Review Committee member. Ms. Nicholas expressed that the voters should have the right to decide if the Mayor should be elected rather than City Council. Ms. Sekas read a prepared statement that summarized her experience serving on the Charter Review Committee. She expressed that her opinions were pushed aside and she was rebuked for trying to bring them forward. She further expressed that there have been many tax dollars spent trying to stop the issue of an elected mayor from going forward rather than trying to work together. She asked each Council member to think and vote for themselves and do their own research on this issue. OLD BUSINESS none. NEW BUSINESS 5

6 A public hearing to provide the public an opportunity to comment regarding a proposed text amendment to replace the term Planning and Zoning Administrator and Zoning Administrator with the term Community Development Administrator in all instances in Chapter 11 was set for December 13, 2018 at 6:25 PM. Regarding the adoption of Capital Plan, Mr. Sharpe stated that the document is a proposed plan that matches short and long term infrastructure projects with the goals of Council and the resources that are available to fund the projects. Mr. Sharpe stated that projects in the Plan were reviewed by members of the Water & Sewer and Service Committees at various committee meetings. Mr. Rogonjic reviewed the projects planned for 2019 and he also reviewed how projects were changed from those in the prior year s plan. Mr. Blackley moved and Mrs. McArthur seconded to adopt the Capital Plan. LEGISLATION RESOLUTION NO A RESOLUTION OPPOSING STATE ISSUE 1 TO REDUCE PENALTIES FOR CRIMES OF OBTAINING, POSSESSING AND USING ILLEGAL DRUGS AND DECLARING AN EMERGENCY was read for the first time in its entirety. Mr. Meleski moved and Mr. Grau 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. Mrs. McArthur moved and Mr. Grau seconded for the adoption of Resolution No Members of Council spoke in support of the Resolution. RESOLUTION NO A RESOLUTION OPPOSING THE ADOPTION OF ISSUE NO. 14, AN INITIATIVE CHARTER AMENDMENT TO PROVIDE FOR A MAYOR TO BE ELECTED TO COUNCIL, AND DECLARING AN EMERGENCY was read for the first time in its entirety. Mr. Blackley moved and Mr. Grau 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. Mr. Blackley moved and Mrs. Chuha seconded for the adoption of Resolution No Mr. Meleski addressed Ms. Hannah Sekas and questioned the inference in the initiative Charter amendment that the Mayor would preside over all meetings and not just Council meetings. Ms. Sekas stated the only intent was to change how the Mayor is chosen. 6

7 Mr. Meleski stated that his concern is even though this may be the intent, it is not how it is written. His interpretation of the way it is written is that it would change how the City s Council/Manager form of government operates. Ms. Sekas stated that a resolution could be passed that clarifies what meetings the Mayor would preside over. Mr. Blackley addressed Ms. Sekas and stated that he also has an issue with the provision that the Mayor would preside over all meetings. In addition, the Mayor s powers would be in direct conflict with the City Manager s position. This may not have been the intention but it would be the effect. He added that this has the potential to change the Council/Manager form of government and a change of this magnitude deserves more discussion in a public forum and needs to be structured carefully. He stated that he does not support the issue as it is written today. Mr. Grau stated that the Mayor has an important role and he believes that Council members have the best assessment of the qualified candidates for the position of Mayor. He added that he does not like the speed with which this issue has progressed and noted that he will be voting against the issue. Mrs. Chuha stated she would not object to putting the issue of an elected mayor on the ballot if there were not the discrepancies that have been pointed out. Mrs. McArthur stated that she was Chairman of the Charter Review Committee and explained that the Law Director informed the Charter Review Committee that they did not have the authority to make a recommendation to Council about the mayor. Mr. Gillette stated that he informed the Committee that the issue of the Mayor is too much of a complicated and important issue for the Charter Review Committee to consider on its own. Both Council and the citizens need to analyze the issue and come up with a decision as to whether or not there should be a mayor. Mrs. McArthur stated that she would be making future recommendations about how the Charter Review Committee is handled. She added that some members quit, some were discouraged and some felt intimidated. Mrs. McArthur asked the Law Director about his questioning the number of signatures that were needed to put the issue on the ballot. Mr. Gillette explained that the Mayor had brought to his attention that the number of signatures was inconsistent with the City s Charter and he brought that to the attention of the Board of Elections. Discussion occurred regarding the interpretation and intent of the language in the ballot issue and how any issues could be rectified. Mr. Lelko stated that Charter amendments should not be subject to interpretation and he supports the resolution. Mrs. McArthur asked about Todd Hunt s involvement with the issue and the timeline in which that occurred and questioned 7

8 the Law Director s authority to hire Mr. Hunt without Council s advice. Mr. Gillette stated that Todd Hunt was asked to assist the City if any issues arose during his absence at the end of August. Mrs. McArthur inquired about the cost to retain the services of Mr. Hunt and the hourly rate he is paid. Mr. Rogonjic stated that he does not know the exact hourly rate he is paid, however, Mr. Hunt has billed the City just under $3,000. Discussion occurred regarding whether or not there will be legal costs associated with the proposed Charter amendment. Results of the roll call vote: Blackley: yes Chuha: yes Grau: yes Lelko: yes McArthur: no Meleski: yes Smock: yes Motion passed. ORDINANCE NO AN ORDINANCE ENACTING THE 2018 REPLACEMENT PAGES TO THE CODIFIED ORDINANCES OF THE CITY OF CHARDON AND DECLARING AN EMERGENCY was read for the first time by title only. Mr. Blackley 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 motion passed unanimously. Ordinance No was then read for the second and third time by title only. Mrs. McArthur moved and Mr. Meleski seconded for the adoption of Ordinance No Clerk of Council Amy Day stated that the supplement is an update to the City s Codified Ordinances that includes legislation passed throughout the year. REVIEW OF EXPENDITURES Mr. Meleski reported that expenditures were in order. EXECUTIVE SESSION Mrs. McArthur moved and Mr. Blackley seconded to adjourn to Executive Session at 9:50 p.m. for the purpose of discussing the City Manager s evaluation. Upon roll call vote the motion passed unanimously. Discussion occurred regarding the City Manager s evaluation. Meeting reconvened at 10:20 p.m. 8

9 ANY OTHER BUSINESS TO COME BEFORE COUNCIL none. ADJOURN Mr. Blackley moved and Mr. Meleski seconded to adjourn. Upon voice vote the motion passed unanimously. The meeting adjourned at 10:21 p.m. Attest: JEFFREY L. SMOCK, Mayor President of Council AMY DAY Clerk of Council 9