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11/07/2022 City Council MinutesAPPROVED AS SUBMITTED FAIRLAWN CITY COI'NCIL REGULAR MEETING NOVEMBER7,2022 ITEM 1: CALL TO ORDER President Russell Sharnsky called the meeting to order at 6:30 p.m. ITEM 2: PLEDGE OF ALLEGIANCE ITEM 3: ROLL CALL Present: Mayor Roth; Mr. Russell T. Sharnsky; Mr. Joseph Gentile; Mrs. Barbara Potts; Mr. Todd Stock; Mr. Philip Brillhart; and Mr. Michael Detorakis. Also present: R. Bryan Nace, Director of Law; Police Chief Terry Wisener, Police Division; Fire Chief Rich Dobson, Division of Fire and Emergency Rescue Services; Ernie Staten, Director of Public Service; Mark Ludwig, Director of Finance; Jacob Kaufman, Tax Administrator/Assistant Director of Finance; Laurie Beisecker, Director of Parks and Recreation; and Tonja Caldwell, Clerk of Council. Excused: Mrs. Kathleen Baum; Nick Spagnuolo, City Engineer; and Bill Arnold, Commissioner of ZoninglHousing and Residential Chief Building Official. Mr. Sharnsky: We do have a quorum present. We will follow the pre-printed agendas. There are copies available in the back of the room if you would like to follow along. At this time, could you please check to see that your cell phongs are placed on silent mode? It would be appreciated. ITEM 4: APPROVAL OF.MEETING MIITTUTES Mr. Sharnsky: The first item of business is the approval of our regular meeting minutes from our last meeting, which was October 17,2022. I believe everyone has received a copy in draft format. Are there any corrections or additions to the meeting minutes as they were presented? [There was no response.] Hearing none, I'd ask the Clerk to please call the roll for approval of the October l7,2022 regular meeting minutes as submitted. Mrs. Caldwell: VOTE ON THE APPROVAL OF THE MII\UTES OF OCTOBER 17,20222 Baum, excused; Sharnsky, yea; Gentileo yea; Potts, yea; Stock, yea; Brillhar! yea; Detorakis, yea. Six yea, one excused on the approval of the October 1712022 meeting minutes. ITEM 5: RECEIVING PETITIONS. CLAIMS. AIID COMMT]NICATIONS Mr. Sharnsky: Have we received any petitions, claims, or communications since our last meeting? Mrs. Caldwell: Yes, the Mayor's Court Monthly Report. Mr. Sharnsky: Thank you. We'll now move on to Item 6, our Report of City Officials and Boards. We'll have the reports from the Administration. As usual, we'll begin with Mayor Roth. Page I of 16 Fairlawn City Council November 7,2022 APPROVED AS SUBMITTED ITEM 6: REPORT OF CITY OFFICIALS Alt[D BOARDS MAYOR'S REPORT. MAYOR ROTH Mayor Roth: Good evening, Mr. President, Council, Cabinet, and those in the audience tonight. There's not much to report on. I will make some comments during the public hearing if needed. I would indicate, as I spoke last time, that our City Engineer, Nicholas Spagnuolo, is retiring as of November 30ft. At this point, I have nominated Geary Visca, who we all know. I'll make the appropriate comments when the Resolution comes in as the new City Engineer to take over. Thankyou. Mr. Sharnslry: Any questions or comments for the Mayor this evening? [There was no response.] Thank you, Mr. Mayor. DEPARTMENT OF LAW. R. BRYAI\ NACE Mr. Nace: Good evening, Mr. President. I have no report this evening. Mr. Sharnsky: Anything further for Mr. Nace this evening? [There was no response.] Thank you, Mr. Nace. POLICE DTVISION. POLICE CHIEF TERRY WISENER Chief Wisener: Good evening, Mr. President and members of Council. I have no report this evening. Mr. Sharnsky: Anything further for Chief Wisener? [There was no response.] Thank you. DTVISION OF FIRE AIID EMERGENCY RESCUE SERVICES. FIRE CHIEF RICH DOBSON Chief Dobson: Good evening, Mr. President and members of Council. I have no report tonight. Mr. Sharnslcy: Anything further for Chief Dobson this evening? [There was no response.] Thank you. BUILDING AIID ZONING DEPARTMENT. WILLIAM ARNOLD GXCUSED) Mayor Roth: Mr. Arnold is actually at a training in Columbus, but I would indicate that he has reviewed at length with us the subject of the public hearing tonight. At the appropriate time, the Law Director and I will make comments. Mr. Sharnsky: Thank you. DEPARTMENT OF' ENGINEERING. NICK SPAGIYUOLO GXCUSED) Mayor Roth: Mr. Staten wants to give the report. Mr. Staten: Good evening, Mr. President and members of Council. The only item out of Engineering is the manhole for Sand Run Parkway is out of concrete cure and now has been getting sprayed for the liner. I'm working with the contractor for the MOT, and from there, we'll have a schedule for everyone, probably at the next meeting. That concludes Engineering. Mr. Sharnsky: Any questions or comments for Mr. Staten on the Engineer's report? fThere was no response.] Page2 of 16 Fairlawn City Council November 7,2022 APPROVED AS SUBMITTED DEPARTMENT OF PUBLIC SERVICE. ERNEST STATEN Mr. Staten: Out of the Service Department, leaf pick-up continues. I think we hit it at a good time. The last week was a large pick-up. I'm sure this coming week will be another large one, and then it'll dwindle from there. Tree trimming has been started by the Service Department in the right-of-way. Every year in the fall, we go around and trim trees out of the way of the snowplow trucks touching the top of the trucks, and so on and so forth in the right- of-way. The last item is just there are numerous pieces of legislation tonight that I can comment on. That concludes Service Mr. Sharnslry: Any questions or comments for Mr. Staten on the Service Department's report? fThere was no response.l Thank you. DEPARTMENT OF FINAIICE. MARK LT]DWIG Mr. Ludwig: Good evening, Mr. President. If it please Council. I join an august group of officials in having no report. Mr. Sharnsky: Anything further for Mr. Ludwig? [There was no response.] Thank you, sir DEPARTMENT OF' FINAI\CE. JACOB KAUFMAN Mr. Kaufman: Thank you, Mr. President and members of Council. In your mailboxes, you should have received the monthly financial reports for October. Those were approved at this evening's Board of Audit meeting. That concludes my report. Mr. Sharnslcy: Anything further for Mr. Kaufman? [There was no response.] Thank you. DIVISION OF PARKS AI\D RECREATION. LAI]RIE BEISECKER Mrs. Beisecker: Thank you, Mr. President and members of Council. I also have no report this evening. Mr. Sharnst<y: Any questions or comments for Mrs. Beisecker? [There was no response.] That concludes the Report of City Officials. We'll now introduce our new legislation for reference to Committee. Resolution 2022-065 Offered bv Mavor Roth A RESOLUTION ESTABLISHING DATES OF REGULAR CITY COUNCIL MEETINGS FOR THE YEAR 2023 PURSUANT TO SECTION 220.01(e) OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRLAWN Introduce this into the Committee of the Whole Resolution 2022-066 Offered bv Mavor Roth A RESOLUTION CONFIRMING THE REAPPOINTMENT OF KAREN TALBOTT AS THE CITY OF FAIRLAWN REPRESENTATIVE TO SERVE ON THE SUMMIT COUNTY COMBINED GENERAL HEALTH DISTRICT BOARD OF HEALTH FOR A TERM BEGINNING JANUARY 1. 2023 AND ENDING DECEMBER 3I. 2026 Introduce this into the Committee of the Whole Resolution 2022-067 Offered bv Mavor Roth A RESOLUTION CONFIRMING THE APPOINTMENT OF GEARY VISCA AS MUNICIPAL ENGINEER OF THE CITY OF FAIRLAWN. EFFECTIVE DECEMBER 1. 2022 Introduce this into the Committee of the Whole Page 3 of 16 Fairlawn City Council November 7,2022 APPROVED AS SUBMITTED Ordinance 2022-068 Offered bv Mavor Roth AN ORDINANCE AMENDING AND/OR SUPPLEMENTING SECTION 452.09 "PARKING AREAS FOR HANDICAPPED PERSONS." OF CHAPTER 452 "PARKING GENERAL": TITLE EIGHT "PARKING": PART FOUR "TRAFFIC CODE' OF THE CITY OF FAIRLAWN CODIFIED ORDINANCES Introduce this into the Safety Co ITEM 8: PUBLIC IIEARINGS Mr. Sharnslry: This brings us to Item 8, our Public Hearings. We do have a public hearing scheduled, so we'll recess the Council meeting, and I'll turn it over to Mr. Brillhart, chairman of the Planning Commiffee to conduct the public hearing. Mr. Brillhart: We are holding a public hearing regarding Ordinance 2022-062. Will the Clerk please call the roll? Mrs. Caldwell: Mayor Roth, here; Mr. Russell T. Sharnsky, here; Mr. Joseph Gentile, here; Mrs. Barbara Potts, here; Mr. Todd Stock, here; Mr. Philip Brillhart, here; Mr. Michael Detorakis, here; and Mrs. Kathleen Baum, excused. Mr. Brillhart: Will the Clerk read Ordinance2022-062 by title only? Mrs. Caldwell read Ordinance 2022-062 by title only. Mr. Brillhart: Will the proponent please speak regarding this? Mr. Orley: Mike Orley. 1915 Canterbury Road, Akron, Ohio,44333 Mr. Sharnsky: Just talk a little bit about your project. Mr. Orley: Planning Commission and I have agreed that I have to put sidewalks, a bond, for $20,000.00. Once the builder, not me, puts the sidewalks in, we'll reduce that by l/6ft until all of them are gone. They also asked about the wetlands, and we had my engineer stake them all. We will not fill any of the wetlands or the people that are buying the property will not fill the wetlands. We're waiting for Mr. Nace to give us the language for that. Third, we'll have to do a, I just found out last Monday, that the engineer wanted us to put a swale in going south. That's fine. We will not be taking a tree permit for that, but we will cut the trees down that are necessary, and then we'll put the ditch in, and then we'll be glad to grass it, and also put the seeding with the matting of the straw. The fourth is boring. The borings will be made by the individual builders, okay? I can't get a bond on someone else's work. As long as we're in agreement with this, I hope to pass it next week. Or two weeks, whenever the meeting takes place. Thank you. Mr. Nace: Mr. Brillhart, maybe it will be helpful if I gave a little background on this item. Mr. Brillhart: Go ahead Mr. Nace: As Mr. Orley has said, he's seeking to subdivide these lots. He has a lot there on Brunsdorph, and he wants six individual residential lots there, and our code requires that he submit preliminary plans to Planning Commission, and he must meet certain requirements that are set forth in our code. Mr. Orley has come to Planning Commission. In fact, you were there at least three times this year. He got preliminary approval of his plan, and then in September, Planning Commission approved his final subdivision plan for six single-family homes. Through that time, Mr. Orley has worked with the City. Mr. Arnold, unfortunately, isn't here tonight, but he had worked with Mr. Orley and talked to him a number of times over the course of a year to make sure that some of the requirements were met with. Under our code, it says that no subdivision is to be given final approval by Council unless it meets the requirements. The certain improvements are specified in the code. Page 4 of 16 Fairlawn City Council November 7,2022 APPROVED AS SUBMITTED In some cases, as Mr. Orley has explained, a surety bond could be posted to guarantee that performance. Our code also requires this public hearing to be held before the plat can be approved. That's what's before Council tonight, is the Ordinance asking that the plat be approved. That plat would be signed then by the officials of the City, and then it would have to be filed with the County recorder before the lots can actually be split offtechnically. Legally they are not able to be split offuntil that approval is given on that plat. So, that's what we're dealing with tonight. The Planning Commission did agree to grant a variance to allow setbacks of 55 feet rather than 60 feet in order to accommodate the wetlands, so that was one of the reasons we had asked Mr. Orley to attach some additional documentation to the plat, which will show the buildable lots and will delineate the wetlands that are in there. Mr. Orley has agreed to do so, and we will also be wanting to add some language that specifies that those wetlands will not be filled down the road by whoever would purchase these properties. As I understand it, we have received some plans, I think just today, some additional ones. The City will need to review those. Obviously, Mr. Arnold will need to take a look atthat and the City Engineer, as well as the Service Department. Our Service Director will want to look at that and make sure that we're all in compliance, but those items that we've talked about should be reflected then on those plans. As Mr. Orley has said, he's agreed to provide estimates and bonding for the ditch that we're requiring, the stormwater improvement, as well as for sidewalks that weore requiring there along the street. Also, I did want to mention that once these lots are sold, the individual builders then would be responsible for dealing with some of these items, including the sanitary sewer hookup. Each builder will have to submit plans which would be reviewed by the City Engineer, and the City Engineer would check to make sure that what is being proposed meets the requirements and it's in a buildable area, and is not impinging on the delineated wetlands that are there. Each property owner will also have to have a dry well installed, which will also require a long-term maintenance agleement on that item. I just wanted to give a little background to Council, so you understood where we are. This has been a long process. This evening, the City Administration is requesting that we hold it so we can review this hopefully over the next few weeks. Then at your next meeting, we may be able to consider it at that time. Mr. Sharnslcy: I do have a question. Will this development require us to bore individually for each of these homes under Brunsdorph? Is that correct? Mr. Nace: Yes, that's my understanding. Mr. Sharnslcy: It'll be six different borings. Mayor Roth: The sanitary is located on the other side of Brunsdorph. Mr. Sharnslcy: Right, I understand that. Mayor Roth: Each house will have to bore under when they do it, whoever the landowner is. Mr. Sharnslry: Each one will have to tie in individually. Mayor Roth: They'll have to pay the tie-in fees and all that stuff. Mr. Gentile: So that means there's going to be six different disturbances on Brunsdorph for this construction? Mayor Roth: No, they should be under the road Mr. Gentile: It won't affect traffic during that boring? Mayor Roth: Mr. Staten? Page 5 of 16 Fairlawn City Council November 7,2022 Mr. Staten: I'm sorry? APPROVED AS SUBMITTED Mayor Roth: The borings for the sanitary will be under the road? Mr. Staten: They will be under the road. They'll be gravity over to what would be the east side of Brunsdorph. The point behind it was, if we allow for an open cut for six different individual laterals, they will all settle at a different rate, and the road itself would have quite a few speed bumps. That's what would end up happening, so they're going to bore under the roads so that they don't interfere with the roadway structure. Mr. Gentile: And it won't affect any traffic during this construction? Or it will? Mr. Orley: No Mr. Staten: Saying that, we will have to see the setup and the MOT that each individual contractor will have. For the most part, the road will be open for traffic, yes. Mayor Roth: They submit the maintenance of traffic to the City before they can do it, and they have to notifr us Mr. Gentile: Is there any reason why there can't be one tie-in to the sewer across or two tie-ins versus six different borings? Mayor Roth: Each house has to have its own separate sanitary Mr. Staten: It's for maintenance purposes. You don't want everyone on one line unless you have the ability to maintain all ofthat. Mrs. Potts: Where are the sidewalks? I know at one of the Planning Commission meetings there was quite a discussion on sidewalks. Are they going to be right at the street level or the street? Mr. Orley: It might be a little lower because it drops a little bit. Mrs. Potts: Just at the street, like curb/sidewalk at the end of the propert;r, or is there going to be a devil strip? Mr. Orley: No. It's in the right-of-way and it's more like instead of 15 feet like 20 feet away from the curb. Mrs. Potts: Okay, and then the swale will be on the western property line? Mr. Orley: Yes. Mrs. Potts: And that will be put in for all the lots? Mr. Orley: Right. That's why some of the trees have to be taken down. Mr. Staten: Mrs. Potts, there isn't curb and gutter except for a small section that's closest to the Edison substation. The roadway will end, and there will be a small section of ground ditch which is the swale, back to regular height of ground, and then sidewalk. It will look a little different because there isn't curb and gutter. Mrs. Potts: Alright. Mr. Detorakis: Question. Do we have storm sewers on that road? Mr. Staten: I'm sorry? Page 6 of 16 Fairlawn City Council November 7,2022 APPROVED AS SUBMITTED Mr. Detorakis: Do we have storm sewers also on Brunsdorph currently? Mr. Staten: We do only into the curb and gutter section, so thatos why he is going to install a ditch that will get the water to our storm sewer. Most of that property flows to the north, so that's why he was saying it'll go from the south to the North. Mr. Sharnslcy: Mr. Orley, we appreciate you working with the City. I know it's been a long process, but we've inherited some issues on Brunsdorph already that the City has been required to fix that were not the Crty's fault and had no bearing on that, and we don't want that to reoccur. That's the reason for all this. Plus, the wetlands are protected, so we want to make sure those stay there and it doesn't disrupt any other properties there either across the street or somewhere downstream or upstream with the natural flow of the water. We appreciate that. Mr. Orley: Of course. Mr. Sharnslry: I think our hands are tied as well right now until the City has reviewed all the documents on doing something with this legislation this evening. Is that correct, Mr. Nace? Mayor Roth: That's correct. One thing, too, I'd like to point out to Council, this is the least dense possible development you can have on these lots which makes sense based on the wetlands and everything else. These are all single-family homes. Other than that, it's a public hearing, and I think thereos an individual here that's been raising his hand that wants to address Council. Mr. Brillhart: Any persons from the public who would like to speak, please? State your name and address. Mr. Ricker: My name is Clay Ricker. I live at 731 Brunsdorph Road. I appreciate you're allowing me to address the Council. This has been a situation that has existed for five, ten, and 15 years on Brunsdorph Road. I've spoken before about all the water that's back behind our properties. You could take 1,000 feet and you'd have 80,000 cubic feet of water. A three-yard dry well is meaningless. It's five minutes worth of water. The problem has been all the development that has been taking place has pushed all that water behind us. I've lived there since 1999. I've watched this water grow and grow and grow every year. My sump pump that used to be just a trickle of water when I moved in in '99 o now when it rains, runs every 60 seconds for three days. Every 60 seconds nonstop. My neighbors run nonstop on their sumps because of all this water. It's not just the surface water which is bad enough. It's the subterranean water. This water is coming into the sumps. These wells are ten and 20 feet deep on Brunsdorph Road. You have a very high water table. To allow any development on that side of the street, much less the one that was on the east side of the street is ludicrous. These footers are breaking over the years that they've been sitting there. They were breaking the day the month these homes were built. I've watched poured walls cracked open a half to a half inch within a month. I was in the structure. I saw it. You can see some of the cracks in foundations from the street from other residents who have had to foot the bill themselves to fix all of these repairs from the sopping wet soil that is beneath. I watched a house being poured after the builder, unmistakably Premier Homes, dug a hole and it was two feet deep in water. They used a four-foot squeegee to squeegee the mud off the bottom of the hole, and some poor soul bought that home. His garage was poured six inches into the soil. The footer form was sticking above. It's in topsoil, and now he's having to address that issue from all that water. We are all...there are poisonous snakes and beavers back there now. That's how much water is back there. It does not drain anymore. The City knows that that system now is not functional. The water is all trapped at the bottom of the hill, and poor Mr. Paul Jewett has a front yard that's 600 feet wide that goes to 77 and 300 feet deep and he's two feet under water. He's got two-foot culverts under his driveway. Two of them and the water pours over the top of his driveway. If the City was genuine about controlling this water, they would've already fixed what is going on, and they haven't. These are families that buy homes that have the right to be able to pay off the mortgage before their footers and their walls crack. They're not getting that opporfunity. I'm going to show you something. See this tree? That's an inch and a half around. It's dead. That one, about an inch and a quarter. It's dead. This one, about three-quarters of an inch. It's dead. This one is a half-inch. I picked it up yesterday. It's dead. All the trees are dying. My old-growth oak tree fell over. It's 200 years old. It's dead now. The roots rotted. My beech trees fell over. They were 150 to 200 years old. Their roots rotted. They fell over. My PageT of16 Fairlawn City Council November 7,2022 APPROVED AS SUBMITTED next-door neighbor has 20 trees laying in his driveway. Not his driveway, but his yard. They've all fallen over. They're 50/60-year-old trees. They're all dead, and they're dead because they've been drowned. That water comes pouring through there nonstop. Nobody has stopped it. I spoke with Mr. Staten last time I was here. He had no intention of stopping the construction on Cleveland-Massillon that is pouring all this water over here. They have no intention of removing that culvert so that you don't flood our properties. You have no intention of pumping out the water at the bottom of the hill for poor Mr. Jewett who has been fighting with the City for l5 years to try to get some relief. So, you're not going to remove the water. It's going to be there nonstop. That first 1,000 foot is 80,000 cubic feet,soyou'dhavetohaveal00squarefootholetenfeetdeepjustforthefirstl,000feet. It'swhat,atleastahalf mile over to Ridgewood? That whole area floods. People, this is, at some point, becomes essentially real estate fraud. You're presenting these lots as being buildable when essentially, you'd have to have a footer that's two and three times the size because you're floating a battleship. They're sinking. There's no arguing that. All you have to look at is the foundation. I've called a corps of engineers. I've called my representatives. I'm trying to get somebody out there to take a look at all of this. I'm concerned about the wetlands as well, which begs the issue, why are you building in wetlands? You'd have to move these things five feet forward. Are you kidding me? You think five feet is going to make the difference? When I dug the post holes for my garden, I got to the back in mid-July. I got down two feet and I'm still 60 feet from that ditch and I got six inches of water at two feet because the soil is sopping wet. Now, those are the issues gentlemen. If you want to pump that water into the storm drain and get rid of it for us, okay fine and well. I mean, that's great. Get rid of the water. But you have to control that water because it's not ours. It's coming from some place else. When you get a storm and it rains, 24 hours later I get the water, so it's not my water that is percolating down from the soil. It's coming from someplace else. When they built the house next to me, I was there when the sewer line went in. Through the limestone, you're getting, according to Mike Pitchure, who has done some engineering work for the City, 30 gallons a minute at the time that thing was put in. So, they got two sump pumps and they run nonstop. Who pays the electric bill for that? They do. Mr. Sharnsky: Mr. Ricker, can I stop you a minute? Mr. Ricker: Sure. Mr. Sharnsky: We're not dealing with the issues on the other side of Brunsdorph. Do you have any comments related to this development? That's what we're interested to see. Mr. Ricker: Yes, I do because all that water is coming from that side of the road. Every time you guys develop something, and I'm a property rights individual. I believe that if you have a property, you should be able to do something for it, but I have to come for the City just to be able to put up a shed. So, if you're going to send me all your water, that I got something to say about. According to code, you're not allowed to give us any water off properties that are adjoining. That's why when the two houses, the ones south and north of me when they were put up they had to change the grade because it was pushing water onto me. It's one and ten feet and it's one and twelve feet. I used to work construction. I do know what I'm looking at, and I know that the concrete in some of these homes for the center post that holds up the main beam for the basement I could squish my tennis shoe in it a month after it was poured. You've got to be kidding me. You have to have some empathy for these people who are putting their life savings on the line for these homes that they're going to last long enough at least to pay off the mortgage, but they're sinking. Many of them. Not all, but quite a few of them. I saw one house that was built, and the footer was four courses of block under the water. There's this great big, massive two-foot pipe going down there and a hydrostatic pump at the bottom. I'm like, "well what is this?" So, I went in there and kind of took a shovel and sure enough, I went down two feet and saw stone. Now there's a reason for that, and that's the one with the cracked wall. A poured wall eight inches thick cracked a half-inch open at the top. There's no assurance the City has given. You're not going to redirect the water. Nobody has offered that. If you want to do something about this water and keep your water on that side of the street, then that's fine. Take the culvert out and you guys ship all that water someplace else. We take care of our own water. We'll take responsibility for that, but we don't want anyone else's, and we don't want it shoved down our throats and we have to pay the cost for having to maintain all of that. Now, if you're going to dig that great big hole out there in the two empty lots that you guys bought, well then what? Are you going to have a chain link fence back there? Are you going to have signs posted so people and kids don't fall in there? Climb over the fence Page 8 of 16 Fairlawn City Council November 7,2022 APPROVEDAS SUBMITTED and drown? What about the poisonous snakes and the beavers? What about the ecological destruction? When a homeowner loses 30, 40, 50, $60,000.00 worth of trees, that comes out of their pocket. It comes out of the resale value. It's a very destructive process and you're not protecting it. If the City has all these ordinances and what have you to protect the value of homes and you have to maintain it and everything else so that it doesn't take down the property of the person next to you, but you're pouring all this water on us? Nowo fair is fair. We take care of our own side of the sheet. You guys need to take care of the other side of the street. All we're asking is for fairness and stop drowning us because everything here on our side is dying. The mosquit o hazard is horrific. You guys know about the viruses that come around. The swine flu and the bird flu. The Nile virus. It was horrific. I was sick for 4-5 months from the Nile virus from all the mosquitos back there. You can't get in your car without five or six of these mosquitoes getting in there with you. It can't be done, and that's with the City spraying. So, the health hazard is horrific. The ecologichazard is disastrous. That whole area is dying. Now, you have people who have, again, committed a lot of money to this. They maintain their homes. They're still committing a lot of money to this, and they're being defrauded of the value of their homes by the destruction that's taking place. We want this development stopped, or at least you assure us that you're going to take all of that water and ship it someplace else. Take that culvert out and we'll be fine. You keep your water on your side of the street. That's wonderful, but you're not doing that. Until you do, none of us want to see more building that's going to every time you dig a hole, it changes that underground water. If you're going to dig a hole six feet deep and the walls are at ten feet, you're going to be two feet above a spring. Come on. You don't think that's going to seep out and just explode up through there like a geyser just like it happened on the house south of me? There is no difference. Mr. Sharnsky: We appreciate your comments. We're not engineers. We rely heavily on our City Engineer and our people that are involved and that have the technical expertise. They've heard your comments. The new City Engineer heard your comments. That's all I can tell you. That's all we can go by is what our engineers tell us. Mr. Ricker: Well, I'm telling you they don't live there. I do. So, when Mr. Staten tells me the water is not two feet deep and I've been back there with a number of my neighbors and it comes in over the top of my boots, I know it's two feet deep. Mr. Sharnsky: Thank you for your comments. We appreciate it. We're getting off the topic here. We're talking about the development on the other side of the sheet, not about the problems in your area. Mr. Ricker: We're talking about the water that's coming from the side of the street that you want to develop and that your (inaudible). Mr. Sharnsky: That you allege. Mr. Ricker: That's what we're talking about. Mr. Sharnsky: Thank you, sir. Mr. Ricker: All the neighbors here on my side of the street can confirm it. Mr. Sharnsky: You can sit down nowo sir. Thank you. We were kind enough to listen to you for over ten minutes. Mr. Ricker: Thanks. Thanks very much Mr. Sharnsky: You're welcome. Mr. Ricker: I beg your forgiveness for taking too much of your time. Page 9 of 16 Fairlawn City Council November 7,2022 Mr. Sharnsky: Please, sit down. You're allowed three minutes. I gave you eleven. APPROVED AS SUBMITTED Mr. Ricker: Thank you. Mr. Sharnsky: You're welcome. Mr. Brillhart: Anyone from the audience who wishes to speak on this matter? [There was no response.] Any comments from the Mayor? Mayor Roth: As we indicated before, we've listened to the public comment, and we would ask that this matter be held in order to further address the issues that were raised. I would ask that this not be voted on tonight and be held in Committee. Mr. Brillhart: Any comments or questions from Council? fThere was no response.] Any further comments from anyone who wishes to speak? Mr. President, that concludes the public hearing. Mr. Sharnsky: Thank you, Mr. Brillhart. We'll now resume our regular meeting. Would the Clerk please call the roll? Mrs. Caldwell: Mayor Roth, here; Mr. Russell T. Sharnsky, here; Mr. Joseph Gentile, here; Mrs. Barbara Potts, here; Mr. Todd Stock, here; Mr. Philip Brillhart, here; Mr. Michael Detorakis, here; and Mrs. Kathleen Baum, excused. ITEM 9: COMMITTEE REPORTS ON NEW OR PENDING LEGISLATION COMMITTEE OF THE WIIOLE CIIAIR. RUSSELL SHARNSKY Ordinance 2022-042 Offered by Mayor Roth AN ORDINANCE AMENDING AND/OR SUPPLEMENTING OF CHAPTER 29I *RESIDENTIAL HOUSING ASSISTANCE BOARD,'; TITLE TEN PART TWO "ADMINISTRATION" OF THE CITY OF FAIRLAWN Ordinance 2022-063 Offered by Mayor Roth AN ORDINANCE AMENDING AND/OR SUPPLEMENTING THE FAIRLAWNGIG RESIDENTIAL FEE SCHEDULE FOR THE FAIRLAWN MARKET AND Resolution 2022-065 Offered by Mayor Roth A RESOLUTION ESTABLISHING DATES OF REGULAR CITY COUNCIL MEETINGS FOR THE YEAR 2023 PURSUANT TO SECTION 220.01(e) OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRLAWN Resolution 2022-066 Offered by Mayor Roth A RESOLUTION CONFIRMING THE REAPPOINTMENT OF KAREN TALBOTT AS THE CITY OF FAIRLAWN REPRESENTATIVE TO SERVE ON THE SUMMIT COI-INTY COMBINED GENERAL HEALTH DISTRICT BOARD OF HEALTH FOR A TERM BEGINNING JANUARY 1, 2023 AND ENDING DECEMBER 3I 2026 Resolution 2022-067 Offered by Mayor Roth A RESOLUTION CONFIRMING THE APPOINTMENT OF GEARY VISCA AS MUNICIPAL ENGINEER OF THE CITY OF FAIRLAWN, EFFECTIVE Mr. Sharnslry: Will the Clerk please read Ordinance 2022-042 by title only as a refresher? Page l0 of 16 Fairlawn City Council November 7,2022 Expiration Dateg$4tw? t2t03/2022 Public Hearing N/A Accepted 06/06/2022 1"t Reading 06/0612022 2no Reading 07/18/2022 3'o Reading 08/15/2U2 Hold 09/0612022 Pass Expiration Date 0v0u2023 Public Hearing N/A Accepted t0/03/2022 l't Reading t0t03/2022 2nd Reading t0/17/2022 3'd Reading Hold Pass Expiration Date 02/0s/2023 Public Hearing N/A Accepted l't Reading 2nd Reading 3'd Reading Hold Pass Expiration Date 02/0512023 Public Hearing N/A Accepted l't Reading 2nd Reading 3d Reading Hold Pass Expiration Date 02/0s/2023 Public Hearing N/A Accepted l't Reading 2nd Reading 3'd Reading Hold Pass APPROVED AS SUBMITTED Mrs. Caldwell read Ordinance 2022-042 by title only Mr. Sharnsky: We've had a number of readings. I know the Law Director has made a couple of revisions to these. Mrs. Potts, you were not able to review the latest documents. If there's no urgency on getting this considered, I'd like to hold this for another reading if that's possible. Mrs. Potts: Thank you. I'd appreciate that. Mr. Sharnslcy: Mr.Law Director? Mr. Nace: Yes, that's fine. The expiration date is not until December 3'd, so our second meeting in November we'll have to extend it if we don't vote on it at that time. Hopefully, we can discuss this at our next Committee of the Whole meeting. Mr. Sharnslry: With the absence of Mrs. Baum and Mrs. Potts' situation, I'd like to hold it for another reading. Any comments from Council at this time? fThere was no response.] We will hold this in Committee. ?t * * * * rr * * r( * ?t ?t r! t( t( ?t :t :t !t !t * * * * tr rr rl tr tr rr rt * rr rr Mr. Sharnsky: Will the Clerk please read Ordinance 2022-063 by title only for the third time? Mrs. Caldwell read Ordinance 2022-063 by title only. Mr. Sharnslry: Mr. Staten has been in and has reviewed the new fee schedule. This is the third schedule. It actually doesn't incorporate any increases. In fact, there is some decrease action for our citizens. Go ahead, Mr. Nace. Mr. Nace: Mr. President, we have before you a proposed amendment on this item. I think we talked a little bit about this last weeko but the original schedules that we showed are not the ones that the Service Director and the Assistant Finance Director would like to see attached to it. That's mainly because of, I believe, our annual audit that comes in, the amounts that were listed were correct. There won't be any changes to what was presented, but the format of the schedule is different. As a result of that, we proposed an amendment that you should have before you which is marked as 2022-0634. You'll see we changed the title in that there is no longer a residential and commercial fee schedule. It's just one single schedule. As a result of that, we took out any reference to Exhibit B throughout the Ordinance and took out any reference to the residential fee schedule and the commercial fee schedule as it's just one item with the FairlawnGig monthly service charges listed on it. That is our proposed amendment. Mr. Sharnsky: There is a proposed amendment to Ordinance 2022-063 which is identified as Ordinance 2022-063A with a revised exhibit. I would entertain a motion to amend Ordinance 2022-063 as amended in Ordinance 2022-063A. Mr. Sharnsky: Mr. Stock made a MOTION to accep! Mr. Gentile the second. Mr. Sharnsky: Will the Clerk please call the roll on the amendment to Ordinance 2022-063 as amended in Ordinance 2022-063A? Mrs. Caldwell: VOTE ON AMENDING ORDINAI\CB2022-063 TO ORDINANCE 2022-063A: Detorakis, yea; Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea; Sharnsky, yea; Baum, excused. Six yeao one excused on the amendment of Ordinance 2022-063 to Ordinance 2022-063 A. Mr. Sharnsky: Any other comments from the Administration or from Council at this time? [There was no response.] Hearing none, I would ask the Clerk to please call the roll on Ordinance 2022-063A. Page 1l of16 Fairlawn City Council November 7,2022 APPROVED AS SUBMITTED Mrs. Caldwell: VOTE ON ORDINAI\CB2022-063A: Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea; Sharnsky, yea; Baum, excused; Detorakis, yea. Six yea, one excused on the passage of Ordinance2022-063A. Mr. Sharnsky: Will the Clerk please read Resolution2022-065 by title only for the first time? Mrs. Caldwell read Resolution 2022-065 by title only. Mr. Sharnsky: Is there a motion to accept? Mr. Sharnsky: Mr. Stock made a MOTION to accept; Mr. Brillhart the second. Mr. Sharnsky: Any comments from members of Council? [There was no response.] Hearing none, I would ask the Clerk to please call the roll on Resolution 2022-065. Mrs. Caldwell: VOTE ON RESOLUTION 2022-0652 Potts, yea; Gentile, yea; Sharnsky, yea; Baum, excused; Detorakis, yea; Brillhart, yea; Stock, yea. Six yea, one excused on the passage of Resolution2022-065. Mr. Sharnsky: Will the Clerk please read Resolution2022-066 by title only for the first time? Mrs. Caldwell read Resolution 2022-066 by title only. Mr. Sharnsky: Is there a motion to accept? Mr. Sharnsky: Mr. Detorakis made a MOTION to accept; Mr. Gentile the second. Mr. Sharnsky: Comments, Mr. Mayor? Mayor Roth: Yes. Ms. Talbott has faithfully served on this Committee for years. She's our representative for the Health Department. I would ask that with her extensive background in this area her time be renewed again. We appreciate her work. Mr. Sharnsky: Comments from members of Council? fThere was no response.] Hearing none, I would ask the Clerk to please call the roll on Resolution 2022-066. Mrs. Caldwell: VOTE ON RESOLUTION 2022-066: Gentile, yea; Sharnsky, yea; Baum, excused; Detorakis, yea; Brillhart, yea; Stock, yea; Potts, yea. Six yea, one excused on the passage of Resolution2022-066. Mr. Sharnsky: What you've all been waiting for, finally. I'm sorry, usually, these meetings aren't this long. I apologize. Will the Clerk please read Resolution2022-067 by title only for the first time? Mrs. Caldwell read Resolution 2022-067 by title only. Mr. Sharnslcy: Is there a motion to accept? Mr. Sharnsky: Mr. Detorakis made a MOTION to accept; Mr. Brillhart the second. Page 12 of 16 Fairlawn City Council November 7,2022 APPROVED AS SUBMITTED Mr. Sharnsky: Mr.Mayor,I'm sure you have some comments. Mayor Roth: Yes. As we know, Nick Spagnuolo has been our City Engineer for a lengthy period of time. He has served our City well and faithfully. He decided he would retire as of November 30th. At this point, as soon as we knew about that, it came to mind that Geary Visca has served our City very long and well on the Environmental Services Commission now for over 30 years. Heos one of the few Board members that pre-dates my being Mayor, so we're all getting long in the tooth. I've known Geary and have had the pleasure of working with Geary all these years as Mayor and dealing with the Environmental Services whether it's flooding issues. Many years we were out on Revere Road with the house that had the driveway that was really a sluice, so when it rained the water would go in it. It's a long story, but we were out there many nights in the water. Any time he's called on, he has dedicated his time and talents, which are very impressive, to work with the City without compensation. He'd be a great addition as our City Engineer, and he is someone who has long and faithfully served the City. His wife, Cindy, teaches at... actually, you own the old Rosemary Foreman Village Preschool. It's a unique pleasure, and I would ask Council to look favorably upon this. If you do, I'll give him the oath orally and he'll sign the hard copy before December 1't. Mr. Sharnsky: These are big shoes to fill with the current City Engineer, but I'm sure you're up to the task. I know you've worked on Environmental Services for many many many years. Does anybody have a number on that? Mr. Visca: Over 30 years. Mr. Sharnsky: Over 30? Mayor Roth: It's over 30 years Mr. Sharnsky: That's a long time. We appreciate that service, Geary, because as you all know, the City doesn't operate without our boards and commissions. We greatly appreciate it. I know Cindy has stepped up to the plate a number of times, too, and I know you're proud Fairlawn residents as well, so we appreciate that. It's great to have your family here this evening, too. Family and friends, I assume. Or all family? Would you like to say something? You can introduce your family if you would like. Mr. Visca: You've met my wife. My one son, Justin, and his wife, Nancy. My other son, Jared, and his wife, Christy Their nephew, Donovan, all came tonight. Yes, you're right about filling big shoes. Nick has done a wonderful job for the City over the term that he's been City Engineer. I've worked with him on different things, and he's really served the City well. I hope that I can do the same for the City given my experience of everything and knowing what is involved with the_City. I've worked with Ernie for a long time and the Mayor, and it's always been a good relationship. I thank you for the opportunrty to do this. Mr. Stock The fact you haven't left is surprising in itself. Mr. Sharnslry: Especially after that. Mr. Visca: Well, you know, there are always problems. The City had a lot of basement flooding and things in the past. It looks like we've worked our way through them. It takes time, and there's never something that's like, "Oh, yeah. We can do this right now." It's always a little bit more involved and people like to hear quick solutions to things. Throughout my career, I've seen that there are no quick solutions. The quick solutions end up creating more problems, and that could have to be solved by somebody else down the road. So, I always like to take the detailed "let's look at things and see what the right way to do things is." Mr. Sharnsky: I think without a doubt, you're the right person for this job, I think. As soon as your name came up. Ernie, do you have something you want to say? Page 13 of16 Fairlawn City Council November 7,2022 APPROVED AS SUBMITTED Mr. Staten: Yes, I would just say that we talked earlier about the resume that Geary's a very accomplished engineer and what his forte is in wastewater. Right now, at the moment, we have these new subdivisions going in, and we do need improvements to a pump station and watching over the sanitary because that won't be completely owned by the City of Fairlawn, so I think the timing is almost perfect that Geary would step into a role of helping us get through that, along with the typical City Engineer functions of reviewing plans, helping out with repair projects. Again, very accomplished. He's been doing a lot of work for the City of Fairlawn over the years. I've been able to call him at any moment to let him know that I have a problem, and he's helped walk me through all of those problems without ever batting an eye. I think Geary is a very good fit for City Engineer. Mr. Sharnsky: Any other comments from members of Council? [There was no response.] We'd like to take a vote now. Geary, I don't krrow. It's kind of questionable. Would the Clerk please call the roll on Resolution 2022-067? Mrs. Caldwell: VOTE ON RESOLUTION 2022-0672 Sharnsky, yea; Gentile, yea; Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, excused. Six yea, one excused on the passage of Resolution 2022-067. Mr. Sharnsky: Do you want to take care of the paperwork now? Mayor Roth: I can do the oath by memory. Mayor Roth administered the Oath of Office to Geary Visca, City Engineer of the City of Fairlawn. Mayor Roth: My first year as Mayor, Nick would say, "You have to come to the Environmental Services Meeting because we get to watch dirty movies." So, we went, and here are all the Environmental Services guys, and we had to TV the sanitary lines and then view the unending tapes of the sanitary lines. That's what he meanto but I was like, *Okay, I've seen enough." There's this root, and I won't say what else you'd see, but it was hour upon hour they'd watch, and Geary would sit there. Mr. Sharnsky: We only have a couple more minutes, but you're welcome to leave if you want. I know you've probably seen enough of this Council meeting. I wouldn't feel bad if you decided to leave, but there are only a couple more minutes left. I'd like to set our next Committee of the Whole meeting date for next Monday, November 14h at6:00 PM, please. That concludes the business to be conducted, thankfully so, in the Committee of the Whole. FINANCE COMMITTEE CHAIR. BARBARA POTTS Mrs. Potts: There is no report from the Finance Committee tonight. MI]NICIPAL SERVICES COMMITTEE CHAIR. TODD STOCK Mr. Stock: Good evening. Municipal Services Committee has no report. Don't forget to vote PT]BLIC AFFAIRS COMMITTEE CHAIR. KATHLEEN BAUM (EXCUSED) Mr. Sharnsky: Is there any report from Public Affairs Committee this evening? The Chair is not here this evening. I don't believe there is a report. Page 14 ofl6 Fairlawn City Council November 7,2022 Mr. Stock: No, there's no report. APPROVED AS SUBMITTED SAFETY COMMITTEE CHAIR. MICHAEL DETORAKIS Ordinance 2022-068 Offered by Mayor Roth AN ORDINANCE AMENDING AND/OR SUPPLEMENTING SECTION 452.09'PARKING AREAS FOR HANDICAPPED PERSONS." OF CHAPTER 452 TITLE EIGHT PART CODIFIED ORDINANCES * !t rt * * tr:t:l:t?t* **rr ?t** * * ***rrrr**rt * * ?t*?t* * Mr. Detorakis: Good evening. Will the Clerk please read Ordinance 2022-068 by title only for the first time? Mrs. Caldwell read Ordinance 2022-068 by title only. Mr. Sharnsky: Is there a motion to accept? Mr. Sharnsky: Mr. Stock made a MOTION to accept; Mr. Gentile the second. Mr. Detorakis: Mayor Roth? We did discuss this. Mayor Roth: This is the first reading only, so I would ask you to hold it in Committee. Mr. Detorakis: Very good. We will hold it for next week. That concludes the Safety Committee. INTERGOVERNMENTAL AFFAIRS COMMITTEE CHAIR. JOSEPH GENTILE Mr. Gentile: Intergovernmental Affairs has no report this evening. PLAI\NING COMMITTEE CHAIR. PHILIP BRILLHART Ordinance2022462 ANORDINANCE Offered by Mayor Roth PARCEL #0902214 LOCATED ON BRIJNSDORPH ROAD Ordinance 2022-064 Offered by Mayor Roth AN ORDINANCE APPROVING THE PLAT OF PHASE II OF THE LINKS SUBDIVISION AND AUTHORIZING EXECUTION THEREOF UPON * rr rr rr rr * * * * * ?t * rr :t 2t ?t tr !t !t ?t * * * * * * * * * * rt rr * r( Mr. Brillhart: Will the Clerk read Ordinance2022-062 as a refresher? Mrs. Caldwell read Ordinance 2022-062 by title only. Mr. Brillhart: Mr. Mayor, did you request that this be held? Mayor Roth: Yes. I would request this legislation be held. Mr. Brillhart: Mr. President, we will hold it in Committee. Mr. Sharnsky: Very well. Page 15 of16 Fairlawn City Council November 7,2022 Expiration Date 02/0s/2023 Public Hearing N/A Accepted l't Reading 2nd Reading 3d Reading Hold Pass Expiration Date tytS/2022 Public Hearing tt/07/2022 Accepted 09/19/2022 l't Reading 09/t9/2022 2nd Reading t0/03/2022 3'd Reading t0n7/2022 Hold Pass Expiration Date 0vt5/2023 Public Hearing tt/21/2022 Accepted t0/t7t2022 1$ Reading tolt7/2022 2nd Reading 3d Reading Hold Pass APPROVED AS SUBMITTED * trrr?t?t?t?t?ttr?t?t?t * * t!:ttr*rrrr:trttr tr tr!trr:t*?t!t?t tr rs Mr. Brillhart: Will the Clerk read Ordinance 2022-064 for the second reading by title only? Mrs. Caldwell read Ordinance 2022-064 by title only. Mr. Brillhart: This Ordinance is scheduled for a public hearing on November 21,2022. Mr. President, we'll continue to hold it in Committee. Mr. Sharnsky: Very well. Mr. Brillhart: That concludes the report of the Planning Committee. ITEM 10: OTHERBUSINESS Mr. Sharnslcy: That brings us to Items l0 and 11, Other Business and Adjournment. Do we have any other business to discuss this evening? [There was no response.] ITEM 11: ADJOURNMENT Mr. Sharnsky: Hearing none,I would entertain a motion to adjourn. Mr. Stock made a MOTION to adjourn; Mr. Gentile the second. Everyone voted in favor. The meeting adjourned at 7:21pm. The next regular meeting of Council will be on November 21,2022 at 6:30 pm These are the official minutes ofthe Fairlawn by Fairlawn Council on the meeting November 7,2022 and day of Tonja MMC Clf,UNCIL Citv Council nrl^l* t. Russell T. Sharnsky PRESIDENT OF COI.INCIL Summer Owen Recording Secretarv Page 16 of16 Fairlawn City Council NovemberJ,2022