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12/19/2022 City Council MinutesAPPROVEDAS SUBMITTED FAIRLAWN CITY COT]I\CIL REGULAR MEETING DECEMBER19,2022 ITEM 1: CALL TO ORDER Mrs. Barbara Potts called the meeting to order at 6:30 p.m. ITEM 2: PLEDGE OF ALLEGIANCE ITEM 3: ROLL CALL Present: Mayor Sharnsky; Mr. Joseph Gentile, Ward 1; Mrs. Barbara Potts, Ward 2;lvk. Todd Stock, Ward 3; Mr. Philip Brillhart, Ward 4; Mr. Michael Detorakis, Ward 5; and Mrs. Kathleen Baum, Ward 6. Also present: R. Bryan Nace, Director of Law; Police Lieutenant Mark Schlegel, Police Division; Fire Chief Rich Dobson, Division of Fire and Emergency Rescue Services; Bill Arnold, Commissioner of ZoninglF{ousing and Residential Chief Building Official; Geary Visca, City Engineer; Ernie Staten, Director of Public Service; Jacob Kaufman, Tax Administrator/Assistant Director of Finance; Laura George, Executive Assistant to the Mayor; and Tonja Caldwell, Clerk of Council. Excused: Mark Ludwig, Director.of Finance; Laurie Beisecker, Director of Parks and Recreation. Mrs. Potts: We have a quorum. We will follow the prepared agenda. There are copies in the back ofthe room. Would you please silence all your electronic devices? ITEM 4: APPROVAL OF MEETING MIITIUTES Mrs. Potts: I'll call the approval of the December 5ft minutes. Are there any additions or corrections? [There was no response.] Hearing none, would you call the roll? Mrs. Caldwetl: VOTE ON THE APPROVAL OF TIIE MIIIUTES OF DECEMBER 5' 20222 Gentile, yea; Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea. Six yea on the approval of the I)ecember 512022 meeting minutes. ITEM 5: RECEIVING PETITIONS. CLAIMS. AND COMMUNICATIONS Mrs. Potts: Have we received any petitions, claims, or communications? Mrs. Caldwell: Nothing atthis time. Mrs. Potts: Now we will start with the Reports of the City Officials and Boards. We will first have the report from our Mayor, Mr. Sharnsky. ITEM 6: REPORT OF CITY OFFICIALS AIT[D BOARDS MAYORNS REPORT. MAYOR SHARNSKY Mayor Sharnsky: Good evening, Madam President and members of Council. I have a few things to report on this evening. In the past, I know it's been our policy to open the Community Center. We're expecting some very severe Page I of17 Fairlawn City Council December 19,2022 APPROVED AS SUBMITTED weather toward the end of the week, and if there are power outages or some major event within the City, the Community Center will be available for shelter for a heated and safe place to stay. I also wanted to send a thank you to the Service Department. We had a squad go down about a week ago, and it looked like it was going to be a major repair. The Service Deparhnent was able to fix that, and it turned out to be something that was relatively minor, but they got the squad back into service quickly. I wanted to thank Ernie and his deparfrnent for getting that going. Tonight, we have many reappointments. I think there is one new appointment, and I'll speak about those as we move forward. Also, we have a promotion in the Police Department this evening that we can handle during the Police Department's report. That's all I have to report this evening. Thank you. Mrs. Potts: Thank you. Now the Law Department. Mr. Nace? DEPARTMENT OF LAW. R. BRYAI\ NACE Mr. Nace: Good evening, Madam President. I have no report this evening. Mrs. Potts: Now the Police Department. POLICE DIVISION. POLICE CHIEF TERRY WISENER GXCUSED) Lieutenant Schlegel: Madam President and members of Council, whenever we're ready to move on with the promotion. Mrs. Potts: I think this would be a great time to do it. Lieutenant Schlegel: Tonight, we will promote Offlrcer Erik Etapa to the rank of Sergeant. Officer Etapa is a graduate of Springfield High School and attended the University of Akron where he achieved a bachelor's degree. Then, he went on to attend the University of Akron Police Academy. Erik has been with our deparhnent since 2016, spending most of his career on the afternoon shift. Erik is a level 2 crash investigator and is currently assigned to the Summit Metro Crash response team and is also a field training officer. Erik grew up in Springfield Township with his parents and two older brothers. He currently resides in Wadsworth with his wife and two German Shepherds. He and his wife are expecting their first child in April. Erik enjoys weightlifting and working on his classic Mustang. By far, his favorite pastime is competitive bass fishing and being outdoors. Erik was drawn to police work after growing up around his father's shop in Springfield where local officers would come regularly to the shop and interact with the family. I'm personally very proud of Erik and his desire to be a leader in this department, and I hope for great things for him and his family in the future. Mayor Sharnsky: Officer, would you like to step up? First of all, I'm a little impartial. I think our safety forces in general are some of the best in the community or the area, in the State, and in the Country. I thank them for what they do every day. In addition, I commend the offrcers and the people who step forward and want to grow and want to grow in their position to increase in the ranks. Mayor Sharnsky administered the Oath of Office to Sergeant Erik Etapa, Police Division of the City of Fairlawn. Mayor Sharnsky: Would you like to bring your wife up to pin your badge? Would you also like to introduce your family and say anything? Page 2 of 17 Fairlawn City Council December 19,2022 APPROVED AS SUBMITTED Sergeant Etapa: (Sgt. Etapa introduced his family) We have the whole crew here. I'd like to start off by saying Madam President, City Council, and Mr. Mayor, I appreciate the opportunrty to be here. I appreciate the opportunity to be promoted. I also look forward to continuing down the career path that I started here. Thank you. Mrs. Potts: This is going to be a long meeting. If you would like to step out and go somewhere else and celebrate, please feel free to do so. DIVISION OF FIRE AI\D EMERGENCY RESCUE SERVICES. FIRE CIIIEF RICH DOBSON Chief Dobson: Madam President and members of Council, the Fire Department has no report tonight. Mrs. Potts: Thank you. Do the Council members have any questions? [There was no response.] BUILDING AIID ZONING DEPARTMENT. WILLIAM ARNOLD Mr. Arnold: Thank you, Madam President and members of Council. I have no report this evening. Mrs. Potts: Thank you. Comments from Council? [There was no response.] DEPARTMENT OF ENGINEERING. GEARY VISCA Mr. Visca: Good evening, Madam President and members of Council. I have no report this evening. Mrs. Potts: Thank you. Council? [There was no response.] DEPARTMENT OF PUBLIC SERVICE. ERNEST STATEN Mr. Staten: Good evening, Madam President and members of Council. The manhole on Sand Run Parkway was completed last week. It was two weeks early and everything went very well. The detour, installation, and everything went very smoothly. We're relatively happy with the way that it turned out. In the spring, we'll go in and take some of the...it's a concrete cap on it right now. We'll take that cap off and we'll asphalt that area. That will be done by our in- house crews. The only other item to really talk about is we do have a storm coming at the end of this week. It looks like it's going to be extremely windy blizzard-like conditions. They're downgrading the snow, but we will have a full staffready to go in case we need to be there after hours. Mrs. Potts: Thank you. We appreciate your hard work. DEPARTMENT OF' FINAI\CE. MARK LUDWIG @XCUSED) Mrs. Potts: I see Mr. Ludwig is not here. He is excused. DEPARTMENT OF FINAIICE. JACOB KAUFMAN Mr. Kaufman: Thank you, Madam President and members of Council. IVIr. Ludwig sends his regrets. He was a little under the weather today and was unable to attend. I have no report this evening. DIVISION OF PARKS A}[D RECREATION. LAI'RIE BEISECKER @XCUSED) Mrs. Potts: Mrs. Beisecker is also not here. She is excused. Page 3 of l7 Fairlawn City Council December 19,2022 APPROVED AS SUBMITTED Mayor Sharnsky: There is no report from Parks and Recreation. Mrs. Potts: That concludes the Report of City Officials. We will now move on to Introduction of New Legislation for Reference to Committee. ITEM 7: INTRODUCTION OF ITIEW LEGISLATION FOR REFERENCE TO COMMITTEE Resolution 2022-077 Offered bv Mavor Sharnskv A RESOLUTION CONFIRMING THE REAPPOTNTMENT OF PETER REAGAN TO THE PLANNING COMMISSION OF THE CITY OF FAIRLAWN FOR A TERM BEGINNING JANUARY 1. 2023 AND ENDING DECEMBER 3 I. 2027 Introduce this into the Committee of the Whole Resolution 2022-078 Offered bv Mavor'Sharnskv A RESOLUTIONCONFIRMING THEREAPPOINTMENTOF LISA S. GOULD TO THEREALPROPERTYMAINTENANCE BOARD OF THE CITY OF FAIRLAWN FOR A FIVE-YEAR TERM BEGINNING JANUARY 1. 2023 AND ENDING DECEMBER 3I.2027 Introduce this into the Committee of the Whole Resolution 2022-079 Offered bv Mavor Sharnskv A RESOLUTION CONFIRMING THE REAPPOINTMENT OF JOHN J. DZIEWISZ TO THE BOARD OF ZONING AND BUILDING APPEALS OF THE CITY OF FAIRLAWN FOR A FIVE-YEAR TERM BEGINNTNG JANUARY I.2023 AND ENDING DECEMBER 3I. 2027 Introduce this into the Committee of the Whole Resolution 2022-080 Offered bv Mavor Sharnskv A RESOLUTION CONFIRMING THE REAPPOINTMENT OF LINCOLN SCOTT TO THE E}WIRONMENTAL SERVICES COMMISSION OF THE CITY OF FAIRLAWN FOR A FIVE.YEAR TERM BEGINNING JANUARY I. 2023 AND ENDING DECEMBER3I.2027 Introduce this into the Committee of the Ueob Resolution 2022-081 Offered bv Council as a Whole A RESOLUTION REAPPOINTING HAYLEY BROWNING TO THE FAIRLAWN LOCAL BOARD OF TAX REVIEW FOR A TWO-YEAR TERM BEGINNING JANUARY I.2023 AND ENDING DECEMBER 31.2024 Introduce this into the Committee of the Whole Resolution 2022-082 Offered bv Mavor Sharnskv A RESOLUTION CONFIRMING THE REAPPOINTMENT OF KATHLEEN BAUM TO THE RESIDENTIAL HOUSING ASSISTANCE BOARD OF THE CITY OF FAIRLAWN FOR A THREE-YEAR TERM BEGINNING JANUARY I. 2023 AND ENDING DECEMBER 3I. 2025 Introduce this into the Committee of the Whole Resotution 2022-083 offered bv Mavor Sharnskv A RESOLUTION APPROVING AND CONFIRMING THE APPOINTMENT OF KATHLEEN BAUM TO THE BATH-AKRON- FAIRLAWN JOINT ECONOMIC DEVELOPMENT DISTRICT BOARD OF DIRECTORS Introduce this into the Committee of the Whole Resolution 2022-084 Offered bv Mavor Sharnskv A RESOLUTION APPROVING AND CONFIRMING THE APPOINTMENT OF BARBARA POTTS TO THE BATH-AKRON- FAIRLAWN JOINT ECONOMIC DEVELOPMENT DISTRICT BOARD OF DIRECTORS Introduce this into ttre Committee of the Whole Resolution 2022-085 Offered bv Mavor Sharnskv Page 4 of 17 Fairlawn City Council December 19,2022 ENDING DECEMBER 3 1. 2026 Introduce this into the Committee of the Whole APPROVED AS SUBMITTED Ordinance 2022-086 Offered bv Mavor Sharnskv AN ORDTNANCE AMENDING AND/OR SUPPLEMENTING CHAPTER 206. "WARDS AND BOUNDARIES' OF TITLE TWO. "GENERAL PROVISIONS:" PART TWO. "ADMINISTRATIVE CODE" OF THE CITY OF FAIRLAWN CODIFIED ORDINANCES Introduce this into the Committee of the Whole Resolution 2022-087 Offered bv Mavor Sharnskv A RESOLUTION AUTHORIZTNG THE MAYOR OR HIS DESIGNEE. TO PREPARE PLANS. SPECIFICATIONS. COST ESTIMATES. AND TO OBTAIN BIDS FOR THE 2023 GENERATOR BUILDING PROJECT AND INSTALLATION OF GENERATOR TO BE UTILIZED BY THE DIVISION OF FIRE AND EMERGENCY RESCUE SERVICES Introduce this into the Commiuee of the Whole Resotution 2022-088 Offered bv Mavor Sharnskv A RESOLUTION AUTHORIZING THE CITY OF FAIRLAWN TO JOIN THE COMMUNITY UNIVERSITY EDUCATION PURCHASTNG COUNCIL OF GOVERNMENTS Introduce this into the Committee of the Whole Mrs. Potts: Are there any questions on any of these? fThere was no response.] ITEM 8: PUBLIC HEARINGS Mrs. Potts: This brings us to Item 8, our Public Hearings. There are no public hearings scheduled. Item 9 is the Committee Reports on New or Pending Legislation. Commiffee of the Whole. ITEM 9: COMMITTEE REPORTS ON NEW OR PEITIDING LEGISLATION COMMITTEE OF THE WHOLE CHAIR. BARBARA POTTS Ordinance 2022-071 Olfered by Mayor Roth AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF FAIRLAWN AND THE IAFF LOCAL 4164 REPRESENTING FULL-TIME FIREA{EDICS AND FULL.TIME FIREA4EDICS HOLDING THE RANK OF LIEUTENANT OF THE DIVISION OF FIRE AND EMERGENCY RESCUE SERVICES OF THE CITY OF FAIRLAWN, EFFECTIVE JANUARY I,2023, AND PERMITTING EXTENSIONS THEREOF DURING NEGOTIATIONS OF THE SAME AND DECLARING AN EMERGENCY Expiration Date 02n9t2023 Public Hearing N/A Accepted 1t/21/2022 ln Reading tt/21/2022 2d Reading t2/0sD022 3'd Reading Hold Pass ordinance 2022-073 offered by Mayor Sharnsky AN ORDINANCE TO PARTICIPATE WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE BRIDGE INSPECTION PROGRAM SERVICES, INCLUDING, BUT NOT LIMITED TO, BRIDGE LOAD RATING CALCULATIONS, SCOUR ASSESSMENTS, BRIDGE INSPECTIONS, AND FRACTURE CRITICAL PLAN DEVELOPMENT REFERRED TO AS PID NO. 117554 Expiration Date 03/05/2023 Public Hearing N/A Accepted 12t0512022 l't Reading t2/05/2022 2il Reading 3d Reading Hold Pass Ordinance 2022-075 offered by Mayor Sharnsky AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF FAIRLAWN AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION REPRESENTING THE PART.TIME PATROL OFFICERS OF THE POLICE DIVISION OF THE CITY OF FAIRLAWN, EFFECTIVE JANUARY I,2023, AND PERMITTING THEREOF ANDDECLARINGAN ordinance 2022-076 Otfered by Mayor Sharnsky AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF FAIRLAWN AND THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 436 REPRESENTING FAIRLAWN SERVICE DEPARTMENT, EFFECTIVE JANUARY 1,2023, AND PERMITTING EXTENSIONS THEREOF DURING NEGOTIATIONS OF THE SAME Page 5 of 17 Fairlawn City Council December 19,2022 Expiration Date 0310512023 Public Hearing N/A Accepted 12/05/2022 l't Reading 1?,05D022 2d Reading 3d Reading Hold Pass Expiration Date 03/0sD023 Public Hearing N/A Accepted r2t05t2022 1$ Reading 1?,05t2022 2d Reading 3'd Reading Hold Pass Expiration Date 03n9/2023 Public Hearing N/A Accepted 1'r Reading 2d Reading 3d Reading Hold Pass APPROVEDAS SUBMITTED Resolution 2022-077 Offered by Mayor Sharnsky A RESOLUTION CONFIRMING THE REAPPOINTMENT OF PETER REAGAN TO THE PLANMNG COMMISSION OF THE CITY OF FAIRLAWN FOR A Resolution 2022'078 offered by Mayor Sharnsky A RESOLUTION CONFIRMING THE REAPPOINTMENT OF LISA S. GOULD TO THE REAL PROPERTY MAINTENANCE BOARD OF THE CITY OF A TERM BEGINNING JANUARY 1 2023 AND Resolution 2022-079 Offered by Mayor Sharnsky A RESOLUTION CONFIRMING THE REAPPOINTMENT OF JOHN J. DZIEWISZ TO THE BOARD OF ZONING AND BUILDING APPEALS OF THE CITY OF FAIRLAWN FOR A FIVE-YEAR TERM BEGINNING Resolution 2022-080 olfered by Mayor Sharnsky A RESOLUTION CONFIRMING THE REAPPOINTMENT OF LINCOLN SCOTT TO TFIE ENVIRONMENTAL SERVICES COMMISSION OF THE CITY 2023 AND ENDING Resolution 2022481 Offered by Council as a Whole A RESOLUTION REAPPOINTING HAYLEY BROWNING TO THE FAIRLAWN LOCAL BOARD OF TAX REVIEW FOR A TWO-YEAR TERM BEGINNING Resolution 2022482 offered by Mayor Sharnsky A RESOLUTION CONFIRMING THE REAPPOINTMENT OF KATHLEEN BAI.]M TO THE RESIDENTIAL HOUSING ASSISTANCE BOARD OF THE A YEAR TERM BEGINNING JANUARY 2025 Expiration Date 03/19t2023 Public Hearing N/A Accepted l't Reading 2d Reading 3'd Reading Hold Pass Resolution 2022-083 offered by Mayor Sharnsky A RESOLUTION APPROVING AND CONFIRMING THE APPOINTMENT OF KATHLEEN BAUM TO THE BATH-AKRON-FAIRLAWN JOINT Expiration Date 03/19/2023 Public Hearing N/A Accepted l't Reading 2nd Reading 3fr Reading Hold Pass Resolution 2022'084 Offered by Mayor Sharnsky A RESOLUTION APPROVING AND CONFIRMING THE APPOINTMENT OF BARBARA POTTS TO THE BATH-AKRON.FAIRLAWN JOINT ECONOMIC DEVELOPMENT DISTRICT BOARD OF Resolution 2022485 Offered by Mayor Sharnsky A RESOLUTION CONFIRMING THE APPOINTMENT OF RICHARD RISSMILLER TO THE ENVIRONMENTAL SERVICES COMMISSION OF THE CITY AN TERMBEGINNING 3l 2026 Orrtinance 2022-086 Olfered by Mayor Sharnsky AN ORDINANCE AMENDING AND/OR SUPPLEMENTING CHAPTER 206, "WARDS AND BOLINDARIES" OF TITLE TWO, "GENERAL PROVISIONS;" FAIRLAWN CODIFIED Expiration Date 03/19/2023 Public Hearing N/A Accepted ls Reading 2d Reading 3d Reading Hold Pass PART Resolution 2022487 offered by Mayor Sharnsky A RESOLUTION AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO PREPARE PLANS, SPECIFICATIONS, COST ESTIMATES, AND TO OBTAIN BIDS FOR THE 2023 GENERATOR BUILDING PROJECT AND INSTALLATION OF GENERATOR TO BE UTILIZED BY THE DIVISION OF FIRE AND Expiration Date 03/t9/2023 Public Hearing N/A Accepted l't Reading 2nd Reading 3d Reading Hold Pass Page 6 of 17 Fairlawn City Council December 19,2022 Expiration Date 03lt9l2w3 Public Hearing N/A Accepted 1$ Reading 2d Reading 3d Reading Hold Pass Expiration Date 03119/2023 Public Hearing N/A Accepted 1$ Reading 2ft Reading 3d Reading Hold Pass Expiration Date 03t19/2023 Public Hearing N/A Accepted l't Reading 2d Reading 3'd Reading Hold Pass Expiration Date 03^912023 Public Hearing N/A Accepted ln Reading 2d Reading 3d Reading Hold Pass Expiration Date 03/t9/2023 Public Hearing N/A Accepted l$ Reading 2"d Reading 3d Reading Hold Pass Expiration Date 03/19/2023 Public Hearing N/A Accepted l"t Reading 2d Reading 3d Reading Hold Pass EMERGENCY Expiration Date 03/19/2023 Public Hearing N/A Accepted ld Reading 2d Reading 3'd Reading Hold Pass APPROVED AS SUBMITTED Resolution 2022488 Offered by Mayor Sharnsky A RESOLUTION AUTHORIZING THE CITY OF FA]RLAWN TO JOIN THE COMMUNITY UNIVERSITY EDUCATION PURCHASINC COIINCIL OF * * rr * * * * * * rl :l :t :t t( * t€ t( r( t! * tr ?k tr * * rr rr rr r! !t !t r! !t !t Mrs. Potts: Will the Clerk please read Ordinance 2022-071by title only for the third time? Mrs. Caldwell read Ordinance 2022-071by title only Mrs. Potts: This is the third reading. Are there any questions? Mr. Nace: As we've discussed, the tentative agreement was reached, and the bargaining unit has approved the agreement. The Administration thinks it's a fair and reasonable agreement. We recommend its passage. As we've discussed, it involves a three percent, three percent, three percent raise on this three-year contract. Plus, there is a $1,000.00 bonus among a number of other changes which we've discussed. At this time, we hope you would look favorably upon passing this tonight. Mrs. Potts: Thank you. Any questions from Council or the audience? [There was no response.] I'd call the question. Mrs. Caldwell: VOTE ON ORDINAI\CE 2022-0712 Baum, yea; Detorakis, yea; Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea. Six yea on the passage of Ordinance2022-071. ?t rr rr tr !t !t ?t * * * * * r! tr :l :! * * * * ?t rt ?t ?t tr,r :! tr rr ?t :t !t ?k rr Mrs. Potts: Will the Clerk please read Ordinance 2022-073 by title only for the second time? Mrs. Caldwell read Ordinance 2022-073 by title only. Mrs. Potts: We've discussed this. Ernie, do you want to talk about this? Mr. Staten: Yes. This just allows ODOT to inspect their own bridges and they wanted it done before the end of the year. If at all possible if you could vote on that tonight. Mrs. Potts: Are there any questions concerning this? [There was no response.] Mrs. Potts: Mr. Stock made a MOTION to suspend the three-reading rule; Mrs. Baum the second. Mrs. Potts: Are there any comments? fThere was no response.] I'd call the question on voting on the suspension of the three-reading rule. Mrs. Caldwett: VOTE ON SUSPENSION OF TIIE THREE-READING RULE FOR ORDINANCE 2022-0732 Detorakis, yea; Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea; Baum, yea. Six yea on the suspension of the three- reading rule for Ordinance 2022-073. Mrs. Potts: I'd call the question then. Mrs. Caldwell: VOTE ON ORDINAI\CE 2022-073: Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea; Baum, yea; Detorakis, yea. Six yea on the passage of Ordinance2022-073. PageT of17 Fairlawn City Council December 19,2022 APPROVED AS SUBMITTED ?t ?t ?t * tr * rr ?t rr rr tr tr r( rt tr ?t rr * * rr * * * * r. rl rl :l r! * * * * * Mrs. Potts: Will the Clerk read Ordinance 2022-075 by title only for the second time? Mrs. Caldwell read Ordinance 2022-075 by title only Mrs. Potts: Mr. Nace? Mr. Nace: As weove discussed, we do have a tentative agreement with this bargaining unit which at this time actually has no members. We, unfortunately, don't have a clean copy of the updated agreement for this one yet. As much as we would like to have this passed before the end of the year so that we could have it in place for the new year, we need to wait on this one until we get that clean agreement to you. Mrs. Potts: We will hold this Ordinance and have it on our agenda for our next Committee of the Whole meeting. * * * * * * ?t rr :l !t * :t * rr !t ?t ?t r! ?t ?t * * rr :l :t :t rr rs ?t * * ?t * t( Mrs. Potts: Will the Clerk please read Ordinance 2022-076 by title only for the second time? Mrs. Caldwell read Ordinance 2022-076 by title only. Mrs. Potts: Mr. Nace again? Mr. Nace: This is the same story. Although, in this case, we do have an active bargaining unit and they have approved the tentative agreement. We have not cleaned up the contract so we have a complete clean one to attach hereo so here again we need to hold this until we get that in place. Mrs. Potts: Please hold this for our next Committee of the Whole meeting agenda. * r. !t * rl it !t rr !t ?t ?t ?t ?k ?t ?t rr rr * :l r( * * * tr * * !t r( :t * * * * * Mrs. Potts: Will the Clerk please read Resolution2022-077 by title only for the first time? Mrs. Caldwell read Resolution 2022-077 by title only. Mrs. Potts: Any comments from the Council? Mr. Stock I've worked with Mr. Reagan for a number of years on the BZA when I was on theBZA, and I think he's done a fine job on the Planning Commission. Mrs. Potts: Is there a motion to accept? Mrs. Potts: Mr. Brillhart made a MOTION to accept; Mr. Detorakis the second. Mayor Sharnsky: Mrs. Potts, I'd just like to make a commento please. Mrs Potts: Yes? Mayor Sharnsky: This would apply to all the reappointments. I would just like to thank all the individuals that currently serve on our Boards and Commissions. They donate their time and talents to all these Boards and Commissions, and Page 8 of 17 Fairlawn City Council December 19,2022 APPROVED AS SUBMITTED many of these are reappointments so this would apply to all of them. I appreciate them stepping up again and being willing to serve the community for another term. Thank you. Mrs. Potts: I see some of them out there. I will call the question now. Mrs. Caldwell: VOTE ON RESOLUTION 2022-0772 Stock, yea; Potts, yea; Gentile, yea; Baum, yea; Detorakis, yea; Brillhart, yea. Six yea on the passage of Resolution2022-077. * * ?trr t! *rr !t**?t ?t ***tr* t! * t(rr*** ?t:trr t! rr:t** * r( Mrs. Potts: Will the Clerk please read Resolution2022-078 by title only for the first time? Mrs. Caldwell read Resolution 2022-078 by title only. Mrs. Potts: Is there a motion to accept? Mrs. Potts: Mrs. Baum made a MOTION to accept; Mr. Gentile the second. Mrs. Potts: Are there questions from the Council? [There was no response.] From the audience? fThere was no response.] I know Mrs. Gould. She's a very capable and very competent person. I'll call the question. Mrs. Caldwell: VOTE ON RESOLUTION 2022-078t Potts, yea; Gentile, yea; Baum, yea; Detorakis, yea; Brillhart, yea; Stock, yea. Six yea on the passage of Resolution2022-078. * * * * * * tr * rr :t :t :t tr tr r! !t tr * * rl t! :t tr r. ?k * * ?t :t :t rr tr !k ?t Mrs. Potts: Will the Clerk please read Resolution2022-079 by title only for the first time? Mrs. Caldwell read Resolution 2022-079 by title only. Mrs. Potts: Is there a motion to accept? Mrs. Potts: Mr. Stock made a MOTION to accept; Mr. Detorakis the second. Mrs Potts: I'll call the question. Mrs. Caldwell: VOTE ON RESOLUTION 2022-079t Gentile, yea; Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea. Six yea on the passage of Resolution2022-079. * ?t ?t tr r! * rr * * * * :l :l tr * * * * rr :t * tr ?t rr rr tr * r! tr ?t ?t ?t rr ?t Mrs. Potts: Will the Clerk please read Resolution2022-080 by title only for the first time? Mrs. Caldwell read Resolution 2022-080 by title only. Mrs. Potts: Is there a motion to accept? Mrs. Potts: Mr. Brillhart made a MOTION to accept; Mrs. Baum the second. Mrs. Potts: Any questions from Council? [There was no response.] Audience? [There was no response.] I'll call the question. Page 9 of l7 Fairlawn City Council December 19,2022 APPROVED AS SUBMITTED Mrs. Caldwetl: VOTE ON RESOLUTION 2022-080: Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea; Gentile, yea. Six yea on the passage of Resolution 2022-080. ?t ?t * ?t r! r! !t :t * * * * * * * * tr * * tt rr !t rr tt * :t tr * ?t ?t r. :t rt :t Mrs. Potts: Will the Clerk please read Resolution2022-081 by title only for the first time? Mrs. Caldwell read Resolution 2022-081by title only. Mrs. Potts: Is there a motion to accept? Mrs. Potts: Mr. Stock made a MOTION to accept; Mrs. Baum the second. Mrs. Potts: Are there any comments from Council? [There was no response.] I'll call the question. Mrs. Caldwell: VOTE ON RESOLUTION 2022-0812 Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea; Gentile, yea; Potts, yea. Six yea on the passage of Resolution2022-081. ?t * rr rt r! !t ?t * * * rr rr * rl * * !t !t rr rr * * * ?t r! rl !t * :t * * ?t * rl Mrs. Potts: Will the Clerk please read Resolution2022-082 by title only for the first time? Mrs. Caldwell read Resolution 2022-082 by title only. Mrs. Potts: Is there a motion to accept? Mrs. Potts: Mr. Detorakis made a MOTION to accept; Mr. Stock the second. Mr. Stock Do we know much about this lady? Mrs. Potts: We'll have to dig into this. Mrs. Baum: Suspicious background. Mrs. Potts: Any comments from Council? [There was no response.] I'll call the question. Mrs. Caldwell: VOTE ON RESOLUTION 2022-082: Brillhart, yea; Detorakis, yea; Baum, yea; Gentile, yea; Potts, yea; Stock, yea. Six yea on the passage of Resolution2022-082. t! tr ** !tr!r! ****?t rt:l** * **rr,rrr* ** * ?t*rr* *** * Mrs. Potts: Will the Clerk please read Resolution2022-083 by title only for the first time? Mrs. Caldwell read Resolution 2022-083 by title only. Mrs. Potts: Any questions? [There was no response.] Mrs. Potts: Do I hear a motion to accept? Mrs. Potts: Mr. Gentile made a MOTION to accept; Mr. Detorakis the second. Page l0 of 17 Fairlawn City Council December 19,2022 APPROVED AS SUBMITTED Mrs. Potts: Any questions or comments? [There was no response.] Call the roll, please. Mrs. Caldwell: VOTE ON RESOLUTION 2022-0832 Detorakis, yea; Baum, yea; Gentile, yea; Potts, yea; Stock, yea; Brillhart, yea. Six yea on the passage of Resolution2022-083. :titr! rt *:t!t!t tr** * *r.rrrt:l*rr tr ******** il ?t ?t:lrr:t Mrs. Potts: Will the Clerk please read Resolution2022-084 by title only for the first time? Mrs. Caldwell read Resolution 2022-084 by title only. Mrs. Potts: Do I hear a motion to accept? Mrs. Potts: Mr. Stock made a MOTION to accept; Mrs. Baum the second. Mrs. Potts: Are there any questions? [There was no response.] I'll call the question. Mrs. Caldwell: VOTE ON RESOLUTION 2022-0842 Baum, yea; Detorakis, yea; Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea. Six yea on the passage of Resolution2022-084. rl rt*rs ?t !trt ?t*?t* * * *:ttr *?t?trr ***!t:t:t*:t * ***rr* ,r r! r! rt ?k tr ?t rr r!:t tr * ,r rr rr tr *:t:t * ,r rr ?t ?t * rr r( rs !k * rr ?t :t * Mrs. Potts: We have an Ordinance,2022-086. Will the Clerk please read it for the first time? Page ll of17 Fairlawn City Council December 19,2022 Mrs. Potts: Will the Clerk please read Resolution2022-085 by title only for the first time? Mrs. Caldwell read Resolution 2022-085 by title only. Mrs. Potts: Do I hear a motion to accept? Mrs. Potts: Mr. Brillhart made a MOTION to accept; Mrs. Baum the second. Mrs. Potts: Any questions? Mayor Sharnsky: Madam President, may I? Mrs. Potts: Yes. Mayor Sharnsky: This is to replace a person that has stepped forward to take the City Engineer's position and served on this Board for many, many, ffiany, years. More than I can count. Geary Visca. Although we're going to miss Geary on this, we appreciate him serving as the City Engineer. We were very fortunate to find Mr. Rissmiller. I believe Ernie, the Service Director, has worked with him on some projects and has talked with him. Council has been provided a resume of his qualifications, and I think he'll do a great job on this Board. Mrs. Potts: Thank you. Any other comments? I'll call the question. Mrs. Caldwell: VOTE ON RESOLUTION 2022-0852 Detorakis, yea; Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea; Baum, yea. Six yea on the passage of Resolution2022'085. APPROVEDAS SUBMITTED Mrs. Caldwell read Ordinance 2022-086 by title only. Mrs. Potts: Do I hear a motion to accept? Mrs. Potts: Mr. Stock made a MOTION to accept; Mrs. Baum the second. Mrs. Potts: Since this is an Ordinance, this would be the first reading. Do we need to hold it for all three? Mr. Nace: Yes. I think on this one, we'll definitely need to go the three readings. As we mentioned last week, our ward boundaries have shifted a little bit. We need to update our code because our code has had a listing, actually, a legal description of each of the wards in the code book for many years now. This will change it somewhat, but I'm also proposing a liffle more drastic change in that the way we describe the wards would change under this proposal to census blocks, or census tracts, as opposed to the legal descriptions since that is the way it looks like going forward, we're going to have to define our wards to satisfu the Board of Elections. If we hold this in Committee, we can talk about it further ifyou have any questions, but that is the proposal. Mrs. Potts: We'll keep this in Committee then, please. Put it on the agenda. ** * * ******:t:t*rrr(rrrr tr * tr ***rr*:lrr *:f *** * * Mrs. Potts: Will the Clerk please read Resolution2022-087 by title only for the first time? Mrs. Caldwell read Resolution 2022-087 by title only. Mrs. Potts: Is there a motion to accept? Mrs. Potts: Mr. Stock made a MOTION to accept; Mr. Detorakis the second. Mrs. Potts: Ernie, do you want to talk about this? Mr. Staten: Yes. With this Resolution, we're not expending any money at the moment. We're just going out for bids. We did bid this project earlier this past year, and the bids came back extremely high compared to our Engineer's estimate, so we've reevaluated our estimate, looked at a few other options, and look to take that out to bid as soon as possible. Mrs. Potts: We'll hold this for three readings. Mr. Staten: I think it's a resolution. Mrs. Potts: Oh, it's a resolution. I'll call the question. Mrs. Caldwell: VOTE ON RESOLUTION 2022-087: Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea; Baum, yea; Detorakis, yea. Six yea on the passage of Resolution2022-087. ** *r.*rrrr * **?t tr:t:t:lt(r(r( tr ?t**rr * * ** **rr **** Mrs. Potts: Will the Clerk please read Resolution2022-088 by title only for the first time? Mrs. Caldwell read Resolution 2022-088 by title only. Mrs. Potts: Is there a motion to accept? Mrs. Potts: Mr. Brillhart made a MOTION to accept; Mrs. Baum the second. Page 12 of 17 Fairlawn City Council December 19,2022 APPROVEDAS SUBMITTED Mrs. Potts: Who wants to explain this? Don't fight over it. Mr. Staten: Over the past 30 years, Akron University started a cooperative purchasing program. That program was just run through Akron University and all of the members just paid dues. At the moment, they want to recognize themselves as a Council of Governments. The only thing we buy through them right at the moment is salt, but there are other items that we could purchase through them. We'd like to join the Council of Governments so we could still get the savings that we do on the road salt and maybe other things. Mrs. Potts: Thank you. Are there any questions? [There was no response.] I'll call the question. Mrs. Caldwelt: VOTE ON RESOLUTION 2022-0882 Stock, yea; Potts, yea; Gentile, yea; Baum, yea; Detorakis, yea; Brillhart, yea. Six yea on the passage of Resolution2022-088. Mrs. Potts: The next Council meeting is January 3'd,2023, so I'm thinking we don't need a Committee of the Whole meeting until the 9th. Mayor Sharnslcy: Madam President, traditionally, we have not had meetings set between the holidays. Mrs. Potts: After our next Council meeting, this would be in January. Mayor Sharnsky: That's your call, but that's traditionally what we've done, and I think we'll be okay if we don't have a meeting between now and then. Mrs. Potts: I'm not planning a meeting. This is after our next meeting. Now we'll go on to the Finance Committee. FINAI\CE COMMITTEE CHAIR. KATHLEEN BAUM Ordinance 2022-069 Offered by Mayor Roth FOR THE YEAR2O22 Ordinance 2022-070 Offered by Mayor Roth Expiration Date 02t19/2023 Public Hearing N/A Accepted 1U2U2022 ld Reading 1u2U2022 2d Reading tzt0s/2022 3d Reading Hold Pass A TEMPORARYBUDGET FOR TFIE YEAR THE PURPOSE Offered by Mayor Roth Expiration Date 0211912023 Public Hearing N/A Accepted tt/2t/2022 l't Reading 1U2U2022 2d Reading r2t0sD022 3d Reading Hold Pass 3'd Reading Hold PassPublic Hearing N/A Accepted lt/21/2022 l$ Reading tU2!2022 2d Reading t2/05/2022 Expiration Date 02/19/2023 Ordinance2022472 AN ORDINANCE AMENDING AND/OR THE CITY OF FAIRLAWN * * ?t * * * rr rr tr :l * r! rr ?t ?k ?t ?t ?t ?t * * :l !t !t !t rr ?t ?t * r! rr r( * ?t Mrs. Baum: Will the Clerk please read Ordinance 2022-069 by title only? Mrs. Caldwell read Ordinance 2022-069 by title only. Mrs. Baum: I'll go to Jake because I only taught second-grade math. Mr. Kaufman: We had a chance to discuss the exhibit for the reconciliation budget at the last Committee of the Whole meeting. There have not been any changes to that exhibit since the meeting, so we'd ask that you look favorably upon it tonight. Page 13 of 17 Fairlawn City Council December 19,2022 APPROVED AS SUBMITTED Mrs. Baum: Does anybody else have any questions or concerns? [There was no response.] I'll call the question. Mrs. Caldwetl: VOTE ON ORDINAI\CD2022-069: Potts, yea; Gentile, yea; Baum, yea; Detorakis, yea; Brillhart, yea; Stock, yea. Six yea on the passage ofOrdinance2022-069. Mrs. Baum: Will the Clerk please read Ordinance2022-070 by title only? Mrs. Caldwell read Ordinance 2022-070 by title only. Mrs. Baum: Jake? I'll defer to you again. Mr. Kaufman: Similar to the last Ordinance, we did discuss the exhibit for this one at the last Committee meeting. There have not been any changes to the exhibit since that discussion, so we'd ask that you look favorably upon this tonight. Mayor Sharnslcy: Mrs. Baum, I just wanted to make a comment that this needs to be in place by the end of the year, so Council needs to act on this tonight. Mrs. Baum: I'll call the question. Mrs. Caldwell: VOTE ON ORDINAI\CB2022-070: Gentile, yea; Poffs, yea; Stock, yea; Brillhan, yea; Detorakis, yea; Baum, yea. Six yea on the passage of Ordinance2022-070. !t !t !t ?k ?t ?k ?t ?t * ?t ?t * :l t! t! * :t * ?k * r€ * * rr * rr tr :t * r( r( * * * Mrs. Baum: Will the Clerk please read Ordinance2022-072 by title only? Mrs. Caldwell read Ordinance 2022-072 by title only Mrs. Baum: We received a copy of this. I don't know if there will be any changes or anything. Mr. Kaufman: That is correct. You did receive a copy when it was initially introduced. There is an amendment to it just to correct the title of a position that we realized was referred to incorrectly in the exhibit. Aside from that, there have been no changes to the financials of the exhibit itself. Mrs. Baum: Since that doesn't change anything, unless somebody else has any comments, we could take a vote. Mr. Nace: Mrs. Baum, the Ordinance did change slightly to reflect the change in the titles because that was not in the original draft that came before you. What really should happen here is there should be a vote on the amendment. Mrs. Baum: Okay, so we need to take a vote on the amendment. Mrs. Potts: Do we need to read this, or just call the roll? Mrs. Caldwell: You need to make a motion to amend. Mr. Nace: Yeso a motion to amend. Before you, you have 2022-072A. You'll see there is an added whereas which talks about conforming to changes in selected job titles as well as in Section I of the amended version. It added the language "changes in selected job titles" because we did change a job title that was not correct in the original exhibit. That is the amendment that is before you, so we need a motion on that amendment. Page 14 of l7 Fairlawn City Council December 19,2022 APPROVED AS SUBMITTED Mrs. Potts: Do I hear a motion? Mrs. Potts: Mr. Gentile made a MOTION to amend Ordinance 2022-072 to Ordinance 2022-0724; Mrs. Baum the second. Mrs. Potts: Would the Clerk please call the roll on the amendment to Ordinance 2022-072 as anended in Ordinance 2022-0721^. Mrs. Caldwell: VOTE ON AMEI\DING ORDINAI\CE 2022-072 TO ORDINAI\CE 2022-072A: Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea; Gentile, yea. Six yea on the amendment of Ordinance 2022-072 to Ordinance 2022-0724. Mrs. Potts: Ordinance 2022-072 is hereby amended to Ordinance2022-0724 Mrs. Baum: Now we need to vote on that. Would you please call the question? Mrs. Caldwell: VOTE ON ORDINANCE2022-072A: Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea; Gentile, yea; Potts, yea. Six yea on the passage of Ordinance2022-072A. Mrs. Baum: That concludes my report. MUNICIPAL SERVICES COMMITTEE CHAIR. TODD STOCK Mr. Stock Good evening. Municipal Services Committee has no report this evening. PI]BLIC AFFAIRS COMMITTEE CHAIR. KATHLEEN BAUM Mrs. Baum: Public Affairs Committee has no report this evening. SAFETY COMMITTEE CHAIR. MICIIAEL DETORAKIS Mr. Detorakis: Good evening. Safety Committee has no report this evening. INTERGOVERNMENTAL AFFAIRS COMMITTEE CHAIR. JOSEPH GENTILE Mr. Gentile: Intergovernmental Affairs Committee has no report this evening. PLAIINING COMMITTEE CHAIR. PHILIP BRILLHART Mr. Brillhart: Planning Committee has no report this evening. ITEM 10: OTHERBUSINESS Mrs. Potts: I will now entertain a motion to go into executive session to consider an appointment to the At-Large Councilperson vacancy. Mrs. Potts: Mr. Brillhart made a MOTION to go into executive session; Mrs. Baum the second. Mrs. Potts: Will the Clerk please call the roll on the vote to go into executive session? Page 15 of 17 Fairlawn City Council December 19,2022 APPROVED AS SUBMITTED Mrs. Caldwell: VOTE TO GO INTO EXECUTM SESSION: Gentile, yea; Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea. Six yea to go into executive session. * !t !t t! ?t ?t rr ?t ?t * rt ?t ?t :l :t * !t * r! :t !t * * * rr * * ?t !t * :l r( :t !t Mrs. Potts: I'd like to reconvene the regular Council meeting. Mr. Nace: Madam President, I think as a point of order, you need to call the roll again. Mrs. Potts: Those were going to be my next words. Call the roll. Would you call the roll, please? Mrs. Caldwell: Mayor Shamsky, here; Mr. Joseph Gentile, here; Mrs. Barbara Poffs, here; Mr. Todd Stock, here; Mr. Philip Brillhart, here; Mr. Michael Detorakis, here; and Mrs. Kathleen Baum, here. Mrs. Potts: We had a very interesting meeting with all the candidates. Very well qualified and very interesting people. The City is fortunate to have people to step forward who are willing to take this position. Mrs. Baum: It's going to be a very difficult choice. Mrs. Potts: Yes, it's going to be a difficult choice. We've had a discussion and now we'll see what happens. Would any member of Council like to offer a resolution? Mr. Detorakis: Yes. I would like to offer a resolution for Jonathon Groza for the position. Mrs. Potts: Is there a second? Mrs. Baum: I second it. Mr. Nace: I think next, you need to introduce that into the Committee of the Whole. Mrs. Potts: Will the Clerk please read Resolution2022-089? Mrs. Caldwell read Resolution 2022-089 by title only. Mrs. Potts: Is there a motion to accept? Mrs. Potts: Mr. Stock made a MOTION to accept; Mrs. Baum the second. Mrs. Potts: Any discussion? fThere was no response.] If there's no discussion, I'll have the Clerk call the roll. Mrs. Caldwell: VOTE ON RESOLUTION 2022-0892 Gentile, yea; Potts, nay; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea. Five yea, one nay on the passage of Resolution2022'089. Mrs. Potts: Is there any other business to come before Council? [There was no response.] ITEM 11: ADJOIJRNMENT Mrs. Potts: Hearing none, I would entertain a motion to adjourn. Page 16 of17 Fairlawn City Council December 19,2022 APPROVEDAS SUBMITTED Mr. Stock made a MOTION to adjourn; Mr. Gentile the second. Everyone voted in favor. The meeting adjourned at 9:29 pm. The next regular meeting of Council will be on January 3,2023 at 6:30 pm. These are the official minutes of the Fairlawn meeting approved by Fairlawn City Council on the Citv CouncilSr.l day of onDecember 19,2022and PRESIDENT OF COUNCIL Tonja OF Summer Owen Recording Secretary PagelT oflT Fairlawn City Council December 19,2022