Minutes 12/13/18

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Presiding Officer, Mayor Nicholas Molnar called the December 13 regular meeting to order at 7:45 p.m.

Present: Mayor Nicholas Molnar, Council President Jan Tulley and Council members Shane Barker, Kevin Bilkie, Jessica Brandt and Vini J. Ventura; Law Director Mark Guidetti and Council Clerk Josephine Arceci.

Absent:

PLEDGE OF ALLEGIANCE & INVOCATION led by City Chaplin Tom O’Brien, Nordonia Hills American Legion 801.

MINUTES Ms. Tulley moved, Mr. Ventura seconded and motion carried unanimously on a voice vote to approve to the minutes of the regular meeting of November 8 and special meeting of November 29, 2018.

FINANCIAL REPORT Mr. Bilkie moved, Ms. Tulley seconded and motion carried unanimously on a voice vote acknowledging receipt of Financial Report dated November 30, 2018.

PRESENTATION Certificate of Appreciation presented to Amy Reville upon her retirement after 17-years and 32 seasons as Macedonia Family Recreation Center Head Coach-Swim Program and coach of Macedonia’s Manta-Rey Swim Team.

PUBLIC COMMENTS

~ Residents Bob Westbrooks, Jeffrey Smith, Mike Polford, Evan Jaffe and Sam Calabrese, all of whom reside on Mikenna Run in the Canyon Run subdivision expressed their concern about a proposed PUD abutting their properties. The PUD located on N. Bedford Road proposes multi unit residences which the Mikenna residents feel strongly will encroach on the wetlands of the area negatively affecting natural drainage and increasing run-off to Indian Creek which potentially may cause properties downstream to flood. Additional traffic from a multi-dwelling complex is also a factor. Each resident said they had no expectation that the wooded, agricultural land adjacent to their respective properties would stay undeveloped. Their expectation however was evidential development would consist of single family homes and not a large number of four unit apartments.

Council President Tulley interjected she understands and appreciates their concern. Ms. Tulley added if she had won the lottery she would have purchased the former Forepaugh property in order to keep it in its natural park-like state. Ms. Tulley said Council received a letter regarding the proposed development which would require rezoning to become a PUD. Additionally but a separate matter is the property of the proposed PUD is currently under an agricultural designation. Ms. Tulley asked Law Director Guidetti to explain the rezoning process and the property’s separate designation.

Law Director Guidetti explained there are several options relative to changing zoning in order to allow a

PUD. Relative to this area, the first option pertains to that portion of the proposed PUD that is not zoned R-1 in which case the Planning Commission would have to grant a conditional zoning certificate which then must be approved through councilmatic action. The second option requires referendum in order to change the zoning classification of that portion of the proposal that exists in R-1 zoning. And for the reclassification to be successful not only is the majority vote of the entire community required but the affirmative vote of the majority in the precinct in which the re-classification is proposed is required as well. If the pertinent precinct votes down the reclassification then the entire measure fails, that is, the zoning classification within that precinct remains R-1 [Charter §10.03]. Mr. Guidetti mentioned the concept of the PUD has been proposed in two phases, the first phase comprising 38 units. Regarding agricultural designation, Mr. Guidetti explained this is not a zoning designation. This designation is under the authority of the Ohio Revised Code and is meant to encourage property owners to utilize their properties for farming and agriculture. The designation provides for certain tax benefits and protection from certain local ordinances. The proposed rezoning may be impact the current agricultural designation previously granted to the parcel(s) Mr. Guidetti added.

Ms. Tulley stated the previous owner Doris Robertson had indicated she was placing the property into a land conservancy. This means the property could never have been developed and which also means this entire discussion would be moot. However, after searching county records there is no documentation supporting Ms. Robertson ever took such action unlike the Meyfarth Family of Shepard Road who placed the last remaining 18-acres of their family farm into conservation easement. [The family farm was originally 160-acres].

Mayor Molnar advised the concept was removed from the Planning Commission agenda after review by the city planner and engineer. Much more has to be resolved before and if this concept becomes a reality.

INTRODUCTION, READINGS & ADOPTION OF LEGISLATION

ORD. NO. 114 -2018 (PLAN A)

AN ORDINANCE ADOPTING ANNUAL APPROPRIATIONS FOR CURRENT EXPENSES AND

OTHER EXPENDITURES OF THE CITY OF MACEDONIA FOR THE PERIOD COMMENCING

JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019 was offered by Mr. Bilkie for its third reading by title only. A second not required.

 

Mr. Bilkie moved, Ms. Brandt seconded and motion carried unanimously on a voice vote to amend

ORD. NO. 114-2018 in its entirety to conform to the version of ORD.NO. 114-2018 presented to Council on December 13, 2018

 

Mr. Billie moved, Ms. Brandt seconded and motion carried unanimously on a voice vote to adopt ORD. NO. 114-2018 as amended and post according to law. ORD. NO. 114-2018 declared adopted as amended.

ORD. NO. 118 -2018

AN ORDINANCE AMENDING ORDINANCE NO. 97-2017 RELATIVE TO THE ANNUAL

APPROPRIATIONS FOR ADDITIONAL EXPENDITURES OF THE CITY OF MACEDONIA FOR

THE PERIOD OF JANUARY 1, 2018 TO DECEMBER 31, 2018 was offered by Mr. Barker and moved

Council waive the requirement that it be read by title on three different days, instructing the Clerk to read it by title only for all three readings. Second by Ms. Tulley carried unanimously on a voice vote.

Mr. Barker moved, Mr. Ventura seconded, motion carried unanimously on a voice vote to adopt ORD. NO. 118-2018 and post according to law. ORD. NO. 118-2018 declared adopted.

Relative to ORD. NO. 118-2018, Finance Director Hall explained the ordinance simply represents movement of money between line items. The net result to the General Fund is zero.

ORD. NO. 119-2018

AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM

PRINCIPAL AMOUNT OF $1,500,000 TO PAY THE COSTS OF ACQUIRING AND EQUIPPING A FIRE TRUCK AND DECLARING AN EMERGENCY was offered by Mr. Ventura and moved Council waive the requirement that it be read by title on three different days, instructing the Clerk to read it by title only for all three readings. Second by Ms. Tulley carried unanimously on a voice vote.

 Fiscal Officer Certificate previously presented to Council

Mr. Ventura moved, Ms. Tulley seconded, motion carried unanimously on a voice vote to adopt ORD. NO. 119-2018 and post according to law. ORD. NO. 119-2018 declared adopted.

ORD. NO. 120-2018

AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A

CONTRACT WITH SANDER CONTRACTING, INC., FOR CERTAIN RENOVEATION WORK TO THE CITY OF MACEDONIA SENIOR CENTER was offered by Ms. Brandt and moved Council waive

the requirement that it be read by title on three different days, instructing the Clerk to read it by title only for all three readings. Second by Mr. Ventura carried unanimously on a voice vote.

Ms. Brandt moved, Mr. Ventura seconded, motion carried unanimously on a voice vote to adopt ORD. NO. 120-2018 and post according to law. ORD. NO. 120-2018 declared adopted.

ORD. NO. 121 -2018

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF

UNDERSTANDING WITH THE SUMMIT SOIL AND WATER CONSERVATION DISTRICT AND

THE NORTHEAST OHIO REGIONAL SEWER DISTRICT FOR ASSISTANCE IN IMPLEMENTING SOIL AND WATER CONSERVATION MEASURES was offered by Mr. Barker and moved Council waive the requirement that it be read by title on three different days, instructing the Clerk to read it by title only for all three readings. Second by Ms. Brandt carried unanimously on a voice vote.

Mr. Barker moved, Mr. Bilkie seconded, motion carried unanimously on a voice vote to adopt ORD. NO. 121-2018 and post according to law. ORD. NO. 121-2018 declared adopted.

ORD. NO. 122-2018

AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SUMMIT COUNTY PUBLIC DEFENDER’S COMMISSION FOR THE REPRESENTATION OF

INDIGENT PERSONS CHARGED WITH VIOLIATIONS OF THE CODIFIED ORDINANCES OF THE CITY OF MACEDONIA was offered by Mr. Ventura and moved Council waive the requirement that it be read by title on three different days, instructing the Clerk to read it by title only for all three readings. Second by Ms. Tulley carried unanimously on a voice vote.

Mr. Ventura moved, Ms. Tulley seconded, motion carried unanimously on a voice vote to adopt ORD. NO. 122-2018 and post according to law. ORD. NO. 122-2018 declared adopted.

ORD. NO. 123-2018

AN ORDINANCE AMENDING SECTIONS 161.01 AND 161.05 OF THE CODIFIED ORDINANCES

OF THE CITY OF MACEDONIA RELATIVE TO COMPENSATORY AND SICK LEAVE FOR CERTAIN EXEMPT EMPLOYEES was offered by Ms. Tulley for its first reading by title only. A second not required.

ORD. NO. 124-2018 Amended

AN ORDINANCE AMENDING SECTION 161.15 OF THE CODIFIED ORDINANCES OF THE CITY OF MACEDONIA RELATIVE TO MILITARY PAY was offered by Mr. Barker and moved Council

waive the requirement that it be read by title on three different days, instructing the Clerk to read it by title only for all three readings. Second by Mr. Ventura carried unanimously on a voice vote.

Ms. Brandt moved, Mr. Bilkie seconded and motion carried unanimously on a voice vote to amend ORD. NO. 124-2018 by incorporating gender neutral terminology in § 161.15.

Mr. Barker moved, Mr. Ventura seconded, motion carried unanimously on a voice vote to adopt ORD. NO. 124-2018 as amended and post according to law. ORD. NO. 124-2018 declared adopted as amended.

ORD. NO. 125-2018

AN ORDINANCE AMENDING SECTIONS 161.20 OF THE CODIFIED ORDINANCES OF THE CITY OF MACEDONIA REGARDING EMPLOYEE HEALTH CARE was offered by Ms. Tulley and

moved Council waive the requirement that it be read by title on three different days, instructing the Clerk to read it by title only for all three readings. Second by Mr. Barker carried unanimously on a voice vote.

Ms. Tulley moved, Mr. Bilkie seconded, motion carried unanimously on a voice vote to adopt ORD. NO. 125-2018 and post according to law. ORD. NO. 125-2018 declared adopted.

ORD. NO. 126-2018

AN ORDINANCE AMENDING CHAPTER 182 OF THE CITY OF MACEDONIA’S CODIFIED

ORDINANCES, THE CITY’S INCOME TAX ORDINANCE was offered by Mr. Ventura and moved

Council waive the requirement that it be read by title on three different days, instructing the Clerk to read it by title only for all three readings. Second by Ms. Tulley carried unanimously on a voice vote.

Mr. Ventura moved, Ms. Tulley seconded and motion carried unanimously on a voice vote to adopt ORD. NO. 126-2018 and post according to law. ORD. NO. 126-2018 declared adopted.

ORD. NO. 127-2018

AN ORDINANCE AMENDING CHAPTER 1321 OF THE CODIFIED ORDINANCES OF CITY OF MACEDONIA REGARDING THE FEE SCHEDULE FOR THE CITY OF MACEDONIA BUILDING

CODE was offered by Mr. Barker for its first reading by title only. A second not required.

RES. NO. 128 -2018

A RESOLUTION CONFIRMING THE REAPPOINTMENT BY THE MAYOR OF KAREN

BARTOLOZZI TO THE PARKS AND RECREATION COMMISSION was offered by Ms. Brandt and moved Council waive the requirement that it be read by title on three different days, instructing the Clerk to read it by title only for all three readings. Second by Mr. Bilkie carried unanimously on a voice vote.

Ms. Brandt moved, Mr. Bilkie seconded, motion carried unanimously on a voice vote to adopt RES. NO. 128-2018 and post according to law. RES. NO. 128-2018 declared adopted.

ADDITION TO AGENDA

Ms. Tulley moved, Mr. Barker seconded and motion carried unanimously on a voice vote to add to the agenda ORD. NO. 129-2018: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER A

CONTRACT WITH UNITED HEALTHCARE TO PROVIDE HEATH INSURANCE COVERAGE FOR ELIGIBLE CITY OF MACEDONIA EMPLOYEES

Ms. Tulley offered ORD.NO. 129-2018 and moved Council waive the requirement that ORD. NO. 1292018 is read by title on three different days, instructing the Clerk to read it by title only for all three readings and to suspend the 48-Rule relative to the same. Second by Mr. Barker carried unanimously on a voice vote.

Ms. Tulley moved, Mr. Ventura seconded and motion carried unanimously on a voice vote to adopt ORD. NO. 129-2018 and post according to law. ORD. NO. 129-2018 declared adopted.

MOTIONS AND/OR OTHER LEGISLATIO ACTION

~~~Mr. Barker moved, Ms. Brandt second and motion carried unanimously on a voice vote authorizing the Mayor to accept on behalf of the City of Macedonia and Longwood Manor Historical Society the donation of a one (1) 20 pint dehumidifier valued at approximately $180.00 for use at the Manor House.

~~~Ms. Tulley moved, Mr. Ventura seconded and motion carried unanimously on a voice vote cancelling the regular council meeting of December 27, 2018 in observance of Christmas Week.

CORRESPONDENCE None

MAYOR’S REPORT

~ The Mayor announced review of the road program for 2019 has begun. The PCR or pavement condition rating is being reviewed and updated to determine which roads are the worst, the rating system being worst to best. The cost of repairs will be determining factor as to how many roads in the worst category can be repaired.

~The Mayor announced the service department is in third round of leaf pick-up.

~The Mayor announced that in 2019 NEORSD will fully fund and create a retention basin at Our Lady of Guadalupe, a project that is long overdue. Macedonia will have no monetary contribution towards this project. Authorizing legislation towards this end will be forthcoming.

~The Mayor announced another 2019 project is resolution of the ongoing problem of sanitary sewers infiltrating storm sewers thereby comprising Indian Creek in the vicinity of Crow Drive. The resolution is being handled by Summit County Department of Environmental Services.

~ The Mayor announced a new company in Macedonia, FrameOne Media specializing in creating commercials and movies. The Mayor also announced that excavation for Culvers Restaurant soon to be located in The Crossings at Golden Link has started and the KFC located at Route 8 and Highland Road in now opened and operational.

~The Mayor thanked the departments of recreation, fire, service and police for their help relative to this year’s successful Holiday Tree Lighting Ceremony held at Macedonia City Center

~The Mayor thanked Chief Black and Captain Ripley and the staff of firefighters and volunteers for making the Santa Gift Delivery program a highly anticipated and resounding success.

COMMITTEE REPORTS:

Parks & Recreation Commission Councilor Brandt reported the P&RCs January meeting will be held on the 9th instead of the first Wednesday. The regular schedule of meetings on the first Wednesday of the month will resume February 6th.

Finance Committee of the Whole Chairman Bilkie announced discussion relative to the 2019 budget/appropriation except for capital expenditures concluded this evening. Capital discussions will begin the early part of next year.

DEPARTMENT REPORTS:

Service Department Director Hnottavange had no report.

Building Commissioner

Engineer Mr. Gigliotti was not present.

Recreation Department Director Manley announced children have three more days to mail their Christmas wish lists to Santa. The mailbox for the letters that have a direct route to the North Pole is located in the lobby of the Rec Center. Ms. Manley mentioned the Rec Center’s website has been updated to include all new services and programming. Ms. Manley reminded the public that the Rec Center will be closed Christmas Eve, Christmas Day and New Year’s Day. The center however will be opened New Year ’s Eve day until 5:30 p.m.

Finance Department Director Hall thanked Council for adopting the 2019 budget.

Regular Council Meeting

December 13, 2018

Fire Department Chief Black thanked Captain Ripley as well for coordinating the Santa Gift

Delivery program, which over the years has become one of Macedonia’s most positive and well-received programs. Chief Black mentioned that his mother Jeanine Black retired from the Recreation Center after 21-years of service.

Police Department Chief Golden had no report.

Law Department Law Director Guidetti had no report.

Unfinished business None

New business None

There being no further business the regular meeting of Council was adjourned unanimously on a voice vote at 8:25 p.m.

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