Minutes 3/14/19

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Presiding Officer, Mayor Nicholas Molnar called the March 14 regular meeting to order at 7:36 p.m.

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

INVOCATION & PLEDGE OF ALLEGIANCE: City Chaplain Tom O’Brien of Nordonia Hills

American Legion #801. In anticipation of forthcoming St. Patrick’s Day, the invocation was the Irish prayer, “May the Road Rise to Meet You.”

MINUTES Ms. Tulley moved, Mr. Ventura seconded and motion carried unanimously on a voice vote approving the minutes of regular meeting of February 28, 2019.

PROCLAMATION Prostate Cancer Awareness

PUBLIC COMMENTS ~ John Cassmer, Macedonia resident and president of Longwood Manor Historical Society congratulated John Veres on his appointment as Macedonia’s new finance director and commented positively on verse by Mayor Frew Long that has been transposed on a soffit in Council Chambers. Mr. Cassmer announced that the LMHS will be hosting the Nordonia Hills Garden Club sometime in April, the date has not yet been determined and that the Manor House is opened to the public on the last Sunday of each month. The next open house is March 31st from 1 – 4 p.m. Mr. Cassmer mentioned that Manor House received a fire/safety inspection but he has yet to read the report, or has he been advised whether occupancy on the first floor can be increased.

INTRODUCTION, READINGS & ADOPTION OF LEGISLATION

RES. NO.18- 2019

A RESOLUTION OF APPRECIATION TO FIREFIGHTER/PARAMEDIC KAREN CRIST OF THE CITY OF MACEDONIA FIRE DEPARTMENT 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 in its entirely for all three readings. Second by Mr. Bilkie carried unanimously on a voice vote.

Mr. Ventura moved Ms. Tulley seconded and motion carried unanimously on a voice vote to adopt RES.

NO.19-2019 and post the same according to law. RES.NO.19-2019 declared adopted

Relative to RES.NO 18-2019, Acting Fire Chief Brian Ripley while presenting Ms. Crist with her retirement pin mentioned that Ms. Crist was only the second full-time female firefighter/paramedic on Macedonia fire department and that when she joined the department Ms. Crist was the mom of three young children. During weekly training Ms. Crist’s children would sometimes come by with their dad but the children did not know who their mom was because she was in full turn-out gear and looked like every other firefighter.

Ms. Crist thanked Mayor Molnar and Council for the recognition of her retirement, adding her experience as a Macedonia firefighter/paramedic as been the best job in the world to her. Ms. Crist said she has had wonderful career in which she has never worked with more dedicated, caring team of people who always have put helping others first.

Mayor Molnar congratulated and wished Ms. Crist well in her retirement.

RES. NO. 19-2019

A RESOLUTION IN SUPPORT OF THE MAYOR ENTERING INTO THE 2019-2020 VERSION OF

THE INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR JOB CREATION

AND RETENTION AND TAX REVENUE SHARING WITH SUMMIT COUNTY AND OTHER

PARTICIPATING MUNICIPALITIES was offered by Mr. Bilkie 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 by title only. Second by Ms. Brandt carried unanimously on a voice vote.

Mr. Bilkie moved Ms. Brandt seconded and motion carried unanimously on a voice vote to adopt RES. NO.19-2019 and post the same according to law. RES.NO.19-2019 declared adopted.

ORD. NO. 20 -2019

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A USER AGREEMENT WITH

THE COUNTY OF SUMMIT AND CITY OF AKRON TO UTILIZE THE SUMMIT COUNTYAKRON REGIONAL RADIO SYSTEM 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 by title only. Second by Ms. Brandt carried unanimously on a voice vote.

Mr. Barker moved Mr. Ventura seconded and motion carried unanimously on a voice vote to adopt ORD. NO. 20-2019 and post the same according to law. ORD.NO. 20-2019 declared adopted

Relative to ORD. NO. 20-2019, Mayor Molnar explained the agreement is mandatory. The user fee increased from $12 per unit to $20.

ORD. NO. 21-2019

AN ORDINANCE AMENDING CHAPTER 797 OF THE CODIFIED ORDINANCES OF THE CITY

OF MACEDONIA RELATIVE TO MEDICAL MARIJUANA 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 by title only. Second by Mr. Ventura carried by majority on a voice vote. Mr. Bilkie voted nay.

Ms. Brandt moved, Mr. Ventura seconded and motion carried by majority on a voice vote, Mr. Bilkie voting nay, to amend ORD. NO 21-2019, Exhibit A, § 797.27 to read: PROHIBITON NINETY DAY (90-Day) MORITORUM OF RETAIL DISPENSIARIES OF MEDICAL MARIJUANA.

A ninety-day (90-day) moratorium on Medical Marijuana retail distribution as authorized by Ohio Revised Code Chapter 3796, is hereby and herein in effect prohibited in all zoning districts within the City of Macedonia pursuant to the authority granted by the Ohio Revised Code under R.C. §3796.29.

Council President Tulley explained the reason for the 90-day moratorium is to guarantee Council revisits Chapter 797 relative to the third component of medical marijuana. Council does not want this component to unintentionally fall through the cracks as processors and processing centers had. When Chapter 797 was created allowing the first component, cultivators and cultivating facilities, processors and processing facilities were also permitted however the regulations governing them were inadvertently omitted. And while it is Council intent to currently prohibit dispensaries in it also Council’s intent that within 90-days to reexamine the issue to determine if this component should remain Ms. Tulley stated.

Ms. Brandt moved Mr. Ventura seconded and motion carried by majority on a voice vote, Mr. Bilkie voting nay, to adopt ORD. NO. 21-2019 as amended and post same according to law. ORD. NO. 212019 declared adopted as amended.

Relative to ORD. NO. 21-2019 and prior to adoption Law Director Guidetti explained that Council previously created Chapter 797 enacting regulations regarding cultivation facilities and sites of medical marijuana. Chapter 797 as currently written does not regulate or otherwise restrict processing facilities or dispensaries. The proposed amendment permits processors and processing facilities and transfers the same regulatory guidelines required of cultivators and cultivation facilities to processors and processing facilities. The proposed amendment however prohibits retail dispensaries. (Subsequent to Mr. Guidetti’s explanation and prior to adoption Ms. Brandt amended said ordinance by placing 90-day moratorium on prohibition of dispensaries. See paragraphs above)

ORD. NO. 22 -2019

AN ORDINANCE AMENDING SECTION 161.15 OF THE CODIFIED ORDINANCES OF THE CITY OF MACEDONIA RELATIVE TO EDUCATION LEAVE was offered by Mr. Ventura for its first reading by title only. Second not required

ADDITION TO AGENDA

Ms. Tulley moved, Mr. Barker seconded and motion carried unanimously on a voice vote to add to the agenda RES. NO. 23- 2019: A RESOLUTION OF APPRECIATION FOR JOSEPHINE ARCECI, CITY OF MACEDONIA, OHIO CLERK OF COUNCIL

Ms. Tulley offered RES. NO. 23- 2019 and moved Council waive the requirement that it be read by title on three different days, instructing the law director to read in its entirely for all three readings by title only. Second by Mr. Bilkie carried unanimously on a voice vote.

Ms. Tulley moved, Mr. Ventura seconded and motion carried unanimously on a voice vote to adopt RES. NO. 23-2019 and post same according to law. RES. NO. 23-2019 declared adopted.

Relative to RES. NO. 23-2019, Ms. Arceci was caught off guard and totally surprised by the thoughtful, well-penned resolution of appreciation presented to her without her having a hint of its forthcoming. Ms. Arceci was humbled by the recognition as well as the generous, well thought-out gift basket she received from all the members of Council, Mayor Molnar, Law Director Guidetti and Diana Augustine, the Mayor’s executive administrative assistant. Ms. Arceci’s composed demeanor belied her gratitude and appreciation.

Mayor Molnar expressed his personal appreciation to Ms. Arceci, adding that in his opinion she provides a wealth of knowledge and has been an invaluable resource to Council and all the departments of the City.

Council President Tulley added every member of Council agrees. Ms. Tulley described Ms. Arceci has an asset who has positively impacted her position as clerk of Council as well as positively affecting many other areas within the City. For these reasons Ms. Tulley said Ms. Arceci’s tenure with Macedonia could not be ignored. Keeping Ms. Arceci’s out-of-the-loop about the resolution was very difficult Ms. Tulley added.

MOTIONS / OTHER LEGISLATIVE ACTION Ms. Tulley moved, Mr. Barker seconded and

motion carried unanimously on a voice vote authorizing the Chief of Police to accept on behalf of the city of Macedonia a donation of a Line of Fire Defense Systems “Street Fighter” custom made vest valued at approximately $1500 for use by Macedonia K9 Officer Apollo from Brady Snakovsky, a resident of the city of Strongsville, Ohio and third grade student and owner of Brady’s K-9 Fund, a non-profit company.

CORRESPONDENCE: Letter of thanks and appreciation from Home Depot Store Manager Mary Debevec to Lt. Paul Celenski and Firefighters Karen Crist, Ed Manney, Mike Mickovic and Mike Rego for their response when the store’s water sprinkler suppression system burst.

MAYOR’S REPORT:

~Mayor announced Mayor’s Court revenue for February was $39,201.54.

~Mayor announced the long anticipated Marriott brand hotel to be located south of the Girls Scout building on Girl Scout Way is finally coming to fruition with construction slated to begin this spring.

~Mayor announced renovation of the kitchen of the community room made possible through grant money from Summit County has been completed.

~Mayor announced bid opening for 2019 road program is Friday, March 15 at noon. Mayor Molnar is grateful the City now has a revenue stream, thanks to the residents who supported the income tax increase to continue improving Macedonia roads.

~Mayor announced felling trees to make way for the long overdue retention basin at Our Lady of Guadalupe Church has now been completed. This was the first phase of the project and it was important to cut the trees down before March 15th otherwise they could not have been felled until after November due to federal law governing the Indiana bat. The Mayor reiterated that NEORSD is funding and performing the project and that closer to construction residents living around the affected area will notified of a public meeting.

~Mayor announced Macedonia was fortunate this last season to have paid only $55 per ton for road salt when so many other communities paid over double a ton. The last season 5300 ton of road salt was used. The City is obligated per contract to purchase another 1250 ton by April. The City’s salt bins are full because salt usage was lower than expected.

~Mayor announced that one of Mayor Frew Long’s quotes, “There is a new spirit in Macedonia and we must not let it die. We must justify it, nurture it, stimulate it and encourage it” has been inscribed above the dais in Council Chambers because of its timelessness yet relevance. The message came to Mayor Molnar’s attention he said when in 2013 he, then a member of Council and fellow council members sponsored a new naming of the Fun Fest by children with a prize of a $200 gift certificate. The winner of the naming contest was 9-year old Samantha Miller who thought “The Spirit of Macedonia Festival” was the right name for the annual event and so did everyone else. This year’s Spirit of Macedonia Festival the Mayor added is June 6-9th.

~Mayor reminded residents not to drive distracted. Do not text while driving or read texts while driving.

COMMITTEE REPORTS

Parks & Recreation Commission Councilor Brandt announced the P&RC met March 6th and discussed 2019 projects as well as future proposals. One of the 2019 projects included clean-up of existing trails making them passable and useable for park visitors. The next meeting of the P&RC is April 3rd at 6 p.m. at the Rec Center.

DEPARTMENT REPORTS

Service Department Director Hnottavange announced Macedonia and the Tinker’s Creek Watershed Partners are offering two rain barrel workshops on April 2 & May 22 from 6 to 7 p.m. at Macedonia City Center. Participants will be taught how to utilize the rain barrel water system that costs $50. The cost includes a white 55-gallon barrel, a downspout diverter and a spigot. Registration is required through Tinker’s Creek. Participants may be eligible for credit towards their stormwater fee Mr. Hnottavange said. Mr. Hnottavange also announced the City will celebrate Earth Day on April 13 from 9 a.m. to noon. Residents volunteering their time for this event should meet at the former fire station where they will receive a free T-shirt, lunch tickets and supplies to assist in the clean-up.

Building Commissioner

Engineer Mr. Gigliotti reiterated the bid opening for the 2019 road program is tomorrow at noon. Bid award anticipated for next council meeting.

Recreation Department Director Manley announced preparations for the Spirit of Macedonia Festival this June are well underway. Some new creative activities and partners have been incorporated into the week-end agenda including Chick Fil A and the Alzheimer Association who have paired to sponsor the 5K Run. The winner of the run will receive a free Chick Fil A breakfast everyday for a year added Ms. Manley. Other new events: Yappy Hour for family pets and free sessions of Goat Yoga. Ms. Manley announced that this year’s Easter Egg Hunt will be a family aquatic egg hunt the evening of Friday, April 12th Information about the Family Aquatic Easter Egg Hunt as well as all other Rec Center programs and activities can be found at www.macrec.com. Ms. Manley congratulated Macedonia’s Manta Rays Recreational Swim Team for placing first in their league.

Council President Tulley mentioned she is providing medals from her various run competitions for the children run which follows the 5K.

Finance Department Director Veres thanked Council for welcoming him to Macedonia.

Fire Department Acting Fire Chief Ripley congratulated Firefighter Karen Crist on her retirement and Ms. Arceci on being recognized for years of service. Chief Ripley reminded residents to change batteries in their smoke and carbon monoxide detectors. He also reminded residents who own 10-year detectors with built-in batteries to change the units every 10-years as recommended.

Police Department Lt. Yakopovich in Chief Golden’s absence thanked young Brady Snakovsky and

Brady’s K9 Fund for the donation of a vest for K9 Officer Apollo. The lieutenant also congratulation Ms. Arceci, adding that she is also just as helpful and knowledgeable with regards to her role regarding civil service matters.

Law Department Law Director Guidetti had no report.

Unfinished business None

New business Councilor President Tulley asked the status of the resolution regarding storm water issues at Crow and Berkshire to which Mayor Molnar explained that he is meeting with County Executive Ilene Shapiro over several city /county related issues including the sanitary sewer back-up Berkshire residents have experienced. Resolution in part is being made by the Department of Environmental Services who spear-heading the project. D.O.E.S is repairing drainage in the area of Indian Creeks at the rear properties of Crow and Lawton Drive residences. The retention basin at OLG is an unrelated to the D.O.E.S sewer project. Ms. Tulley asked regarding the OLG project why the trees cut-down to make room for the basin were not removed at the same to which the Mayor answered because the ground is too wet during this time of year. The Mayor also said the trees were felled before March 15 to protect the Indiana bat under federal law otherwise the next opportunity would not have been until November. Ms.

Tulley also asked what the distance will be from the property line of each parcel to the retention basin. Several Berkshire residents own an additional separate parcel, a strip at the rear of the parcel of their residence. These residents want assurance that the retention basin does not encroach onto their properties. Ms. Tulley added some Berkshire, Longbrook, Riverview and Smokerise residents have expressed concern about where the run-off from the retention basin is going.

EXECUTIVE SESSION

At 8:21 p.m., Mr. Ventura moved, Ms. Tulley seconded to adjourn into Executive Session to discuss matters relate to ligation pursuant to R.C 121.22 (G)(3)

Roll call: Ayes: Barker, Bilkie, Brandt, Tulley and Ventura Nays: None

The motion carried.

At 8:40 p.m. Council reconvened to its regular meeting and there being no further business before council, the meeting was adjourned unanimously on voice vote at 8:41 p.m.

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