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03/06/2023 City Council MinutesAPPROVEDAS SUBMITTED FAIRLAWi\ CITY COUNCIL REGULAR MEETING MARCH 6,2023 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. JonathonGroza, At-large; Mrs. Barbara Poffs, Ward 2; Mr. 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 Chief Terry Wisener, Police Division; Fire Capain Steve Brant, Division of Fire and Emergency Rescue Services; Bill Arnold, Commissioner of ZoninglHousing and Residential Chief Building Official; Geary Visca, City Engineer; Ernie Staten, Director of Public Service; Mark Ludwig, Director of Finance; Jacob Kaufrnan, Tax Administrator/Assistant Director of Finance; Laurie Beisecker, Director of Parks and Recreation; and Tonja Caldwell, Clerk of Council. Excused: Mr. Joseph Gentile, Ward 1. Mrs. Potts: We have a quorum present. We will follow the pre-printed agenda. They're in the back of the room if you don't have one. Please turn off all your cell phones and electronic devices. ITEM 4: APPROVAL OF MEETING MIITIUTES Mrs. Potts: You should have received a copy of the February 27* regular meeting minutes in draft format. Are there any questions or comments about the meeting minutes? fThere was no response.] Hearing none, will the Clerk please call the roll for approval of the February 2It regular meeting minutes as submitted? Mrs. Caldwell: VOTE ON TI{E APPROVAL OF THE MII\UTES OF FEBRUARY 21,20232 Gentile, excused; Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea, Groza, yea. Six yea' one excused on the approval of the February 21r 2023 meeting minutes. ITEM 5: RECETVING PETITIONS. CLAIMS. AIID COMMTINICATIONS Mrs. Potts: Have we received any petitions, claims, or communications since our last meeting? Mrs. Caldwell: The Mayor's Court Monthly Report. Mrs. Potts: Thank you. Now I'll have the reports from our City Officials and Boards. First, we'll have our reports from the Administration. We'll begin with Mayor Shamsky. ITEM 6: REPORT OF CITY OFFICIALS AIT{D BOARDS MAYOR'S REPORT. MAYOR SHARNSKY Mayor Sharnslcy: Good evening, Madam President and members of Council. I have nothing to report on this evening, but I would be willing to comment on legislation as it's presented. Page I of8 Fairlawn City Council March 6,2023 APPROVED AS SUBMITTED Mrs. Potts: Thank you very much. Now the Law Director, Bryan Nace. DEPARTMENT OF'LAW. R BRYAII NACE Mr. Nace: Good evening, Madam President. I have no report this evening Mrs. Potts: Thank you. Our Police Chief, Terry Wisener. POLTCE DrVrSrON. POLTCE CHrEF TERRY WTSENER Chief Wisener: Good evening, Madam President and members of Council. I have no report tonight. Mrs. Potts: For the Fire Department, Captain Steve Brant. DIVISION OF F'IRE A}[D EMERGENCY RESCUE SERVICES. F'IRE CIIIEF RICH DOBSON @XCUSED) Captain Brant: Good evening, Madam President and members of Council. I can tell you the Fire Department has had a busy two weeks. We've actually had four fires. Two we were able to handle ourselves. Two of them were pretty notable. One in a neighborhood with extensive damage to a residential structure. All of the residents were out prior to us being called. The second one was today that we had in a commercial building on the third floor. Crews did a great job. There were no injuries. The one thing I will say is we are very fortunate with our out-of-response communities. On the first fire, we had Akron, Bath, and Copley all on the scene supporting us. Granger did come to our station and supported our station for any medic runs until we got back from the first fire. Again,today, in a commercial building, you need a lot of equipment. We had Bath and Copley there again with multiple fans trying to air out the smoke on the third floor of the building, so I really commend the local communities that help us and our out-of-response areas. That's all I have to report. Mrs. Potts: Wow, thank you. Thank you very much. Our Zoning, Housing, and Residential Building Commissioner, Bill Arnold. BUILDING AI\D ZONING DEPARTMENT. WILLIAM ARNOLI) Mr. Arnold: Thank you, Madam President and members of Council. One thing to report. Planning Commission was originally scheduled for this Thursday at 5:30 PM. That has been canceled. The lone proponent has decided to table. Mrs. Potts: Thank you. Now our City Engineer, Geary Visca. DEPARTMENT OT' ENGINEERING. GEARY VISCA Mr. Visca: Good evening, Madam President and members of Council. I have no report tonight. Mrs. Potts: Thank you. Now our Service Director, Ernie Staten. DEPARTMENT OF PUBLIC SERVICE. ERI\EST STATEN Mr. Staten: Good evening, Madam President and members of Council. Just a few items. The bid opening for the miscellaneous street repair will be tomorrow at 9:00 AM. It's all done electronically, so Jake and I will open up the bids. FairlawnGig's monthly revenue stands at $260,000.00 which is roughly where it was before we lowered the price of the Gig service to $55.00, so we're right back to where we were before. Page 2 of8 Fairlawn City Council March 6,2023 APPROVED AS SUBMITTED The last item is the PSAP build, which is the fiber build from the criminal justice network out to the joint dispatch. It is out for bid and opens on the 15ft. That concludes my report. Mrs. Potts: Great. Thank you. Now our Finance Director, Mr. Ludwig. DEPARTMENT OF' FINAI\CE. MARI( LT]DWIG Mr. Ludwig: Good evening, Madam President. If it please Council. I have no report. Mrs. Potts: Thank you. Our Tax Administrator/Assistant Finance Director, Jacob Kaufinan. DEPARTMENT OF FINANCE. JACOB KAUFMAN Mr. Kaufman: Thank you, Madam President and members of Council. In your mailboxes, you should have received the monthly financial reports for February. Those were approved at this evening's Board of Audit meeting. That concludes my report. Mrs. Potts: Thank you. Our Parks and Recreation Director, Laurie Beisecker. DIVISION OF PARIG AIID RECREATION. LAI]RIE BEISECKER Mrs. Beisecker: Thank you, Madam President and members of Council. We have a Park Board meeting this Wednesday at4:30 in the Mayor's conference room. That concludes my report. Mrs. Potts: That concludes the Reports from City Officials. We'll now have the introduction of legislation for reference to Committee. ITEM 7: INTRODUCTION OF ITIEW LEGISLATION FOR REFERDNCE TO COMMITTEE ordinance 2023-027 offered bv Mavor Sharnskv ANORDINANCEAMENDINGAND/ORSUPPLEMENTING SECTION432.4l "TEXTING WHILEDRIVINGPROHIBITED" OF CHAPTER 432 ..OPERATION GENERALLY,,: TITLE SIX..OPERATION AND VEHICLES,': PART FOUR..TRAFFIC CODE" OF THE CITY OF FAIRLAWN CODIFIED ORDINANCES AND DECLARING AN EMERGENCY Introduce thi$. into ttre Safety Committee ITEM 8: PUBLIC HEARINGS Mrs. Potts: This brings us to our public hearings. We have no public hearings scheduled, so we will go on to the Committee reports on new or pending legislation. ITEM 9: COMMITTEE REPORTS ON NEW OR PENDING LEGISLATION COMMITTEE OF TI{E WHOLE CHAIR. BARBARA POTTS ordinance2023-006 offered byMayorSharnsky AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF FAIRLAWN AND THE PART-TIME BARGAINING UNIT EMPLOYEES OF THE DIVISION OF FIRE AND EMERGENCY RESCUE SERVICES OF TFIE CITY OF FAIRLAWN, RETROACTIVE TO JANUARY I, 2023, AND THEREOF DURING NEGOTIA AN Page 3 of8 Fairlawn City Council March 6,2023 Expiration Date 04/03t2023 Public Hearing N/A Accepted 0U03t2023 l$ Reading 0r/03/2023 2nd Reading 0Ur7/2023 3d Reading 02t06/2023 Hold 02/21/2023 Pass 3d Reading Hold PassPublic Hearing N/A Accepted 02t06t2023 1$ Reading 02t06/2023 2nd Reading 02DU2023 Expiration Dale 0s/07t2023 APPROVEDAS SUBMITTED ordinance 2023-020 offered by Mayor Sharnsky AN ORDINANCE APPROVING THE TRANSFER OF FAIRLAWN CORPORATE PARK - PARCEL 8 TO THE COMMUNITY IMPROVEMENT TION OF OHIO FOR THE PURPOSE ANDDECLARINGAN ordinance 2023-024 offered by Mayor Sharnsky AN ORDINANCE ACCEPTING THE BID OF CAVANAUGH BUILDING CORPORATION, AS BEING THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE 2023 GENERATOR BUILDING PROJECT AND INSTALLATION OF A GENERATOR TO BE UTILIZED BY THE DIVISION OF FIRE ANDDECLARINGAN ordinance 2023-026 offered by Mayor Sharnsky AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF FAIRLAWN AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION REPRESENTING THE COMMUNICATIONS SPECIALISTS OF THE POLICE DIVISION OF THE CITY OF FAIRLAWN, RETROACTIVE TO JANUARY 1, PERMITTING EXTENSIONS THEREOF DURING AND DECLARING AN Expiration Date 05122/2023 Public Hearing N/A Accepted 02/2v2023 l"t Reading 0a2r/2023 2nd Reading 3'd Reading Hold Pass t tr tr t( tr r( rr rr ?t ?t rr :l * :t * :t * * * * tr * :l * * * * * * * * rr t tr Mrs. Potts: Will the Clerk please read Ordinance 2023-006 by title only as a refresher? Mrs. Caldwell read Ordinance 2023-006 by title only. Mrs. Potts: Council received a proposed amendment to Ordinance 2023-006 which is identified as Ordinance 2023- 006,4' at our last meeting. Mr. Mayor or Law Director? Mayor Sharnslcy: The Law Director would like to address that. Mr. Nace: We still don't have an agreement worked out with them on this at this point, so I'm requesting that we hold this for the time being. On this one, we thought we had the tentative agreement worked out, but we haven't gotten that far with them quite yet. Mrs. Potts: So, do nothing with this amendment? Mr. Nace: I would just hold it for now. Mrs. Potts: Just continue to hold? Mr. Nace: Yes. Mrs. Potts: We'll hold that. * * * * rt tt :t * * * rt rr ?t :t * * * * * rr * ?t tt t! ?t ?t tr * rs !t !t r! rr * Mrs. Potts: Would the Clerk please read Ordinance 2023-020 by title only for the third time? Mrs. Caldwell read Ordinance 2023-020 by title only. Mrs. Potts: Mayor or Law Director? Mayor Sharnsky: This is the third reading. We've discussed this in the Committee of the Whole meetings. We're taking a businesi that's moving from the Embassy Park area and they are going to be constructing a building in our Page 4 of 8 Fairlawn City Council March 6,2023 Expiration Date 05/22/2023 Public Hearing N/A Accepted 02t21/2023 l't Reading 02/2t/2023 2d Reading 3d Reading Hold Pass APPROVEDAS SUBMITTED Business Park. I don't know if Council has any questions on this for transferring it to the CIC to be able to make the sale to the individual. If there are no questions, I would appreciate it if you'd look favorably on this tonight. Mrs. Potts: Do we have a purchase agreement or whatever it is we were missing? Mayor Sharnsky: No, but the property can still be transferred. We can just hold it in the CIC. Correct, Mr. Law Director? Mr. Nace: That's correct. The hansfer to the CIC doesn't commit us to the actual sale, and that agreement is still being worked on. The CIC obviously wouldn't transfer it until that agreement is in place, so they can hold it. If things for whatever reason fell apart, which we do not expect, it could be transferred back to the City if need be. There will be no harm in the CIC having it for a short period. Mrs. Potts: Are there any questions from Council? [There was no response.] I'll call the question. Mrs. Caldwelt: VOTE ON ORDINAIICE 2023-020: Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea; Groz4 yea; Gentile, excused. Six yea, one excused on the passage of Ordinance2023-020. Mrs. Potts: Would the Clerk please read Ordinance2023-024 by title only for the second time? Mrs. Caldwell read Ordinance 2023-024 by title only. Mrs. Potts: Mr. Staten, do you want to talk about this? Mr. Staten: Yes. After having conversations with the contractor, Cavanaugh Construction, they've done many jobs here in Fairlawn and we've had great results from them. We realize that there is some urgency now in this project, so if we could bypass the third reading so that we could get the contractor in place working on the urgency, it would be appreciated. Mrs. Potts: Would someone like to make a motion to suspend? Mrs. Potts: Mr. Stock made a MOTION to suspend the three-reading rule; Mrs. Baum the second. Mrs. Potts: Would the Clerk call the roll? Mrs. Caldwell: VOTE ON SUSPENSION OF THE THREE-READING RULE FOR ORDINAI\CE 2023'0242 Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea; Groza,yea; Gentile, excused; Potts, yea. Six yea, one excused on the suspension of the three-reading rule for Ordinance2023-024. Mrs. Potts: Would the Clerk please call the roll on the passage? Mrs. Caldwell: VOTE ON ORDINANCE 2023-0242 Brillhart, yea; Detorakis, yea; Baum, yea;Groza,yea; Gentile, excused; Potts, yea; Stock, yea. Sixyea, one excused on the passage ofOrdinance2023-024. ,r rr * t( ts ?t ?t ?t,r ?t * :l rr t! r! tr,r ?k ?t ?t * ?t :t tr !t,r * rr * * * * rr,r Mrs. Potts: Would the Clerk please read Ordinance 2023-026 by title only for the second time? Mrs. Caldwell read Ordinance 2023-026 by title only. Page 5 of8 Fairlawn City Council March 6,2023 APPROVEDAS SUBMITTED Mrs. Potts: Mr. Nace, where are we with this? Mr. Nace: With this one, we do have a tentative agreement. I think everything is in a good place, but we haven't gotten the sign-on yet from the bargaining unit on the full collective bargaining agreement, so we need to hold this for the time being until we know for sure that they're in agreement with the full CBA. Mrs. Potts: Okay. That concludes the Committee of the Whole. I would like to set a date for next Monday, March 136 at 6:00 PM for the Committee of the Whole meeting. I'll call on our Finance Committee Chairman, Kathleen Baum. FINAI\CE COMMITTEE CHAIR. KATIILEEN BAUM Ordinance 2023-019 Offered by Mayor Sharnsky SUPPLEMENTINGTHE P OF THE Ordinance 2023-021 Offered by Mayor Sharnsky Expiration Date 05t07t2023 Public Hearing N/A Accepted 02t06/2023 l't Reading 02/06/2023 2d Reading 02t21D023 3d Reading Hold Pass ANANNUAL AND APPROPRIATING TFIEREOF ?t :t !t ?t ?t ?t tr ?t * rt :t r( ?t !t tr tr tr * tr ?t t( :t rt *,r * tr rr !t ?t * *,r ?t Mrs. Baum: Would the Clerk please read Ordinance 2023-019 by title only for the third time? Mrs. Caldwell read Ordinance 2023-019 by title only. Mrs. Baum: Are we ready to vote on this now? Mayor Sharnsky: Yes. I believe Council is satisfied. Mr. Kaufman has been to our Committee meetings and explained the need to make these adjustments. If Council is prepared to consider this tonight, it would be appreciated. It is the third reading. Mrs. Baum: Would the Clerk please call the roll? Mrs. Caldwell: VOTE ON ORDINAI\ CE 2023-019: Detorakis, yea; Baum, yea; Groza, yea; Gentile, excused; Potts, yea; Stock, yea; Brillhart, yea. Six yea, one excused on the passage of Ordinance2023-019. * ?t * rr tr !t !t * * * r! tr !t rt ?t ?t tr ?t * tr * rr * * ?t :l * :t r( ?t ?t * tr tr Mrs. Baum: Would the Clerk please read Ordinance2023-021by title only? Mrs. Caldwell read Ordinance 2023-02I by title only. Mrs. Baum: This is just the second reading. Jake, do we need more time? Mr. Kaufman: That's correct. This is the second reading. We are working on finalizing the exhibit and ask that you hold it in Committee so we can discuss it at next week's meeting. Mrs. Baum: We'll hold it and put it on the agenda for Committee of the Whole. Mrs. Potts: Thank you. Page 6 of8 Fairlawn City Council March 6,2023 Expiration Date 05/22t2023 Public Hearing N/A Accepted 02/2tD023 ls Reading 02/21/2023 2nd Reading 3d Reading Hold Pass APPROVED AS SUBMITTED Mrs. Baum: That concludes the Finance Committee report. MUNICIPAL SERVICES COMMITTEE CHAIR. TODD STOCK Mr. Stock Good evening. Municipal Services Committee has no report this evening. PUBLIC AFFAIRS COMMITTEE CHAIR. JOE GENTILE @XCUSED) Mrs. Potts: Our Chair Joe Gentile is excused. Would anyone like to speak? Mr. Stock: There is no report this evening. SAFETY COMMITTEE CHAIR. MICIIAEL DETORAKIS ortlinance 2023-027 offered by Mayor Sharnsky AN ORDINANCE AMENDING AND/OR SUPPLEMENTING SECTION 432.41 'TEXTING WHILE DRIVING PROHIBITED" OF CFIAPTER 432 'OPERATION GENERALLY'; TITLE SIX'OPERATION AND VEHICLES"; PART FOUR'TRAFFIC CODE" OF THE CITY OF FAIRLAWN CODIFIED AND DECLARING AN EMERGENCY Expiration Date 06/t4/2023 Public Hearing N/A Accepted ln Reading 2d Reading 3d Reading Hold Pass * * ?t :l !t !t ?t * * * * * ?t ?t :l :t :f !t tr tr ?t rr * tr rr :l !t ?t ?t rr ?t * * * Mr. Detorakis: Good evening. Would the Clerk please read Ordinan ce 2023-027 by title only for the first time? Mrs. Caldwell read Ordinance 2023-027 by title only. Mrs. Potts: Is there a motion to accept? Mrs. Potts: Mr. Groza made a MOTION to accept; Mr. Stock the second. Mr. Detorakis: Mayor Sharnsky. Comments on this? Mayor Sharnsky: There is a new State law that would be going into effect on April 4tr of this year, so I believe we can have at least another reading. We would like to be consistent so we can cite under our traffic code for this violation of the law. It's an amendment to correct a section that would include texting while driving. Chief Wisener, do you have any comments? Chief Wisener: I do not. Mr. Detorakis: We'll put this on hold for the next meeting. That does conclude the Safety Committee report. INTERGOVERNMENTAL AFFAIRS COMMITTEE CHAIR. JONATIION GROZA Mr. Groza: Thank you, Madam President. We have no report this evening. PLAI\IIING COMMITTEE CHAIR. PHILIP BRILLHART Mr. Brilthart: Thank you, Madam President. Planning Committee has no report this evening. Page 7 of 8 Fairlawn City Council March 6,2023 APPROVEDAS SUBMITTED ITEM 10: OTHERBUSINESS Mrs. Potts: Weore coming to Item 10. Any other business to come before this Council? [There was no response.] ITEM 11: ADJOURIIMENT Mrs. Potts: Hearing none, I'll entertain a motion to adjourn. Mr. Stock made a MOTION to adjourn; Mr. Detorakis the second. Everyone voted in favor. The meeting adjoumed at 6:47 pm. The next regular meeting of Council will be on March 20,2023 at 6:30 pm. approved by Fairlawn City Council on the Citv Council -aO",l , meeting March 6,2023 andThese are the official minutes of the Fairlawn day of Barbara Potts PRESIDENT OF COUNCIL OF COTJNCIL Summer Owen Recording Secretary Page 8 of8 Fairlawn City Council March 6,2023