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05/15/2023 City Council MinutesAPPROVED AS SUBMITTED FAIRLAWN CITY COI]NCIL REGULAR MEETING MAY 15,2023 ITEM 1: CALL TO ORDER Mrs. Barbara Potts called the meeting to order at 6:30 p.m. ITEM 2: PLEDGE OF'ALLEGI,A,NCE ITEM 3: ROLL CALL Present: Mayor Sharnsky; Mr. Jonathon Groza, At-large; Mr. Joseph Gentile, Ward 1; Mrs. Barbara Potts, Ward 2; 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 Chief Rich Dobson, 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 Kaufman, Tax Administrator/Assistant Director of Finance; Laurie Beisecker, Director of Parks and Recreation; and Tonja Caldwell, Clerk of Council. Excused: Mr. Todd Stock, Ward 3. Mrs. Potts: We have a quorum present. We have a pre-printed agenda. There are copies in the back in the room if you do not have a copy. Would you please turn off all your cell phones and electronic devices? ITEM 4: APPROVAL OX.MEETING MINUTES Mrs. Potts: We will now address the regular meeting minutes from the May l't meeting. Everybody should have received a draft copy. Are there any questions, comments, or concerns on the minutes from anyone? [There was no response.] Hearing none, will the Clerk please call the roll for approval of the May l't meeting minutes? Mrs. Caldwell: VOTE ON THE APPROVAL OF TIIE MII\ruTES OF MAY 1,20232 Stock, excused; Brillhart, yea; Detorakis, yea; Baum, yea; Groza, yea; Gentile, yea; Potts, yea. Six yea, one excused on the approval of the May l, 2023 meeting minutes. ITEM 5: RECEIVING PETITIONS. CLAIMS. Alt[D COMMUNICATIONS Mrs. Potts: Have we received any petitions, claims, or communications since our last meeting? Mrs. Caldwell: The Mayor's Court Monthly Report. Mrs. Potts: Now we will proceed with the reports of City Officials and Boards. We will begin with our Mayor. Mayor Sharnsky? ITEM 6:REPORT OF'CITY OF'F'ICIALS AND BOARDS MAYOR'S REPORT. MAYOR SHARNSKY Mayor Sharnslcy: Good evening, Madam President, members of Council, and those in the audience this evening. I have a few things to report on this evening. The bids for the Glacier's Edge Greenway project are in. The bids were Page I of8 Fairlawn City Council May 15,2023 APPROVED AS SUBMITTED approved today at the Board of Audit. Marks Construction is the lowest bidder at$262,97L00. There were two bidders, and the bid is significantly under the Engineer's estimate of $310,000.00. The FairlawnGig survey results for this year show a household satisfaction rating of 97% with nine out of ten people, which is 89%, saying they're very satisfied with FairlawnGig. I think the rating continues to go up as well as the take rate. The take rate for FairlawnGig is now 68% which means that seven out of ten homes in our footprint subscribe to the FairlawnGig. This evening you'll see on your agenda an appointment for Mr. Dan Welsh who has been a long-time Fairlawn resident. I'm appointing him to the BZA, the Board of Zoning and Building Appeals. He'll be an alternate on that board. I believe all of Council has received his bio. Lastly, the initial stakeholder's meeting was held to discuss the playground improvements for the inclusive playground. It was held last Tuesday, and it was a very productive and successful meeting. That's continuing to move forward. I will comment on legislation as it comes up, and that's all I have to report on this evening. Thank you. Mrs. Potts: Thank you. Our Law Director, Bryan Nace. DEPARTMENT OF LAW. R. BRYAI\ NACE Mr. Nace: Good evening, Madam President. I have no report this evening. Mrs. Potts: Our Police Chief, Terry Wisener. POLICE DIVISION. POLICE CIIIEF TERRY WISENER Chief Wisener: Good evening, Madam President and members of Council. I have no report this evening. Mrs. Potts: Thank you, sir. Our Fire Chiei Rich Dobson. DWISION OF'F'IRE AND EMERGENCY RESCUE SERVICES. FIRE CHIEF RICH DOBSON Chief Dobson: Good evening, Madam President. I have no report for the Fire Department tonight. Mrs. Potts: Our Zoning, Housing, and Residential Building Commissioner, Bill Arnold. BUILDING AI\D ZONING DEPARTMENT. WILLIAM ARNOLD Mr. Arnold: Thank you, Madam President and members of Council. A couple of things to report. The Department started our neighborhood walk-through program this morning. We were fortunate to have some good weather. We got a good bit accomplished today. We hope to have this wrapped up this week, and then get corresponding letters out shortly afterwards. Secondly, the Board of Zoning Appeals will be meeting this Thursday at 6:30 PM. There are two items on the agenda. That concludes my report. Page 2 of8 Fairlawn City Council May 15,2023 Mrs. Potts: Thank you. Our City Engineer, Geary Visca. APPROVED AS SUBMITTED 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. Our Service Director, Ernie Staten. DEPARTMENT OF PUBLIC SERVICE. ERNEST STATEN Mr. Staten: Good evening, Mad4m President and members of Council. Just a few items. This Saturday is Beautification Day. The crews will start at 7:00 AM, so we request that the items are out by 7:00 AM. If there are any refrigerators, the doors need to come offby state law. So, 7:00 AM and no doors on the refrigerators. The PSAP build started today, so at Dan Street, we have a boring crew that is starting to work towards the new consolidated dispatch in Tallmadge. The Croghan Park Shelter has been removed and the area is basically restored. We have power back to the park and the area has been restored with topsoil and seeded. For the moment we're going to leave it fenced offuntil the grass grows, but then we'll at some point take the fence away and we'll have picnic tables in the area. Lastly, we have a new employee in the Service Departrnent, Thomas Hughes. He will actually start on Beautification Day. That concludes Service. Mrs. Potts: Thank you. You're bringing him in on a tough day. Our Finance Director, Mark Ludwig. DEPARTMENT OF FINAI\CE. MARK LT]DWIG Mr. Ludwig: Good evening, Madam President. If it please Council. I have no report. Mrs. Potts: Our Tax Administrator/Assistant Finance Director, Jacob Kaufman. DEPARTMENT OF FINAI\CE. JACOB KAUFMAN Mr. Kaufman: Thank you, Madam President and members of Council. I have no report this evening. Mrs. Potts: Our Parks and Recreation Director, Laurie Beisecker. DIVISION OF PARIG AND RECREATION. LAT]RIE BEISECKER Mrs. Beisecker: Thank you, Madam President and members of Council. Summer concerts will start two weeks from Friday in Bicentennial Park. Off The Record will be our first band, and they will kick offon June 2nd at7:00 PM. That concludes my report. Mrs. Potts: Great. That concludes the Reports of City Officials. Now we'll introduce the new legislation and reference it to Committee. ITEM 7: Resolution 2023-053 Offered bv Mavor Sharnskv A RESOLUTION CONFIRMING THE APPOINTMENT OF DANIEL WELSH AS AN ALTERNATE MEMBER OF THE BOARD OF ZONING AND BUILDING APPEALS OF THE CITY OF FAIRLAWN FOR AN UNEXPIRED TERM BEGINNING IMMEDIATELY AND ENDING DECEMBER 3I. 2025 Introduce this into the Committee of the Whole Page 3 of8 Fairlawn City Council May 15,2023 APPROVEDAS SUBMITTED Ordinance 2023-054 Offered bv Mavor Sharnskv NECESSARY FUNDS Introduce this into the Committee of the Whole ITEM 8: PUBLIC HEARINGS Mrs. Potts: Item 8 is Public Hearings. We have no public hearing scheduled for this evening. We will go now to the Committee Reports. We'll begin with the Committee of the Whole. ITEM 9: COMMITTEE REPORTS ON NEW OR PEITIDING LEGISLATION COMi\,IITTEE OF THE WHOLE CHAIR. BARBARA POTTS Ordinance 2023-050 Offered by Mayor Sharnsky AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; PROVIDING FOR THE ADOPTION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; PROVIDING FOR THE PUBLICATION OF SUCH NEW MA REPEALING ORDINANCES AND RESOLUTIONS N CONFLICT THEREWITH Ordinance 2023-051 Offered by Mayor Sharnsky AN ORDINANCE APPROVING AMENDMENTS TO THE RULES AND REGULATIONS OF THE RESIDENTIAL HOUSING ASSISTANCE BOARD AS APPROVED BY THE BOARD Ordinance 2023-052 Offered by Mayor Sharnsky AN ORDINANCE ACCEPTING THE BID OF KARVO COMPANIES AS BEING THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE CLEVELAND-MASSILLON ROAD RESURFACING PROJECT IDENTIFIED AS PID:II7O63 AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FORA SUM OF AND APPROPRIATING THE NECESSARY FUNDS AND DECLARING AN EMERGENCY Resolution 2023-053 Offered by Mayor Sharnsky A RESOLUTION CONFIRMING THE APPOINTMENT OF DANIEL WELSH AS AN ALTERNATE MEMBER OF THE BOARD OF ZONING AND P?"sHold3ro Reading2m Readingl$ ReadingAcceptedPublic Hearing nla Expiration Date 08fi3/2023 Ordinance2023-054 Offered by MayorSharnsky AN ORDINANCE ACCEPTING THE BID OF MARKS CONSTRUCTION AS BEING THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE GLACIER'S EDGE GREENWAY-BRIJNSDORPH PROPERTY PROJECT AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR A OF AND APPROPRIATING THE NECESSARY FUNDS Mrs. Potts: Would the Clerk please read Ordinance2023-050 by title only for the second time? Mrs. Caldwell read Ordinance 2023-050 by title only. Mrs. Potts: Since this is the second reading, Mr. Law Director, do you want to go the three readings? Mr. Nace: Yes. We can go three readings on this. There's no hurry. As you know, it's something we need to do periodically to make sure that our code books are updated. Page 4 of8 Fairlawn City Council May 15,2023 PassHold3d Reading2d Readingls Reading 0510r/2023 Accepted 0s/01/2023 Public Hearing nla Expiration Date 07/30/2023 PassHold3d Reading2d Readingl't Reading 05t0U2023 Accepted 05t01t2023 Public Hearing nla Expiration Date o'il30/2023 PassHold3d Reading2d Reading1$ Reading 05/0U2023 Accepted 05/0tDa3 Public Hearing nla Expiration Date 07/30t2023 PassHold3d Reading2d Readingl't ReadingAcceptedPublic Hearing nla Expiration Date 08/t3t2023 APPROVED AS SUBMITTED Mrs. Potts: Thank you. * *** tr tr tr tr *?t**** ** * * * tr*rr** tr * * r(:t ?t ?t tr * * Mrs. Potts: Would the Clerk please read Ordinance2023-051by title only for the second time? Mrs. Caldwell read Ordinance 2023-051by title only. Mrs. Potts: These are the rules and regulations that this Board passed, and we're just catching them up, so they can go the full three readings. Mr. Nace: Yes, that's correct. As we talked about at our last meeting, this is just really updating it to be current with the code that Council passed, and I believe that was late last year when we put that in. It may have been early this year, but they're catching up with that. Mrs. Potts: Would the Clerk please read Ordinance2023-052by title only for the second time? Mrs. Caldwell read Ordinance 2023-052 by title only. Mrs. Potts: Mr. Staten, is there any hurry? Mr. Staten: No. We can hold it and I can explain it at the next Committee meeting. Mrs. Potts: Thank you. Mrs. Potts: Will the Clerk please read Resolution2023-053 by title only for the first time? Mrs. Caldwell read Resolution 2023-053 by title only. Mrs. Potts: [s there a motion to accept? Mrs. Potts: Mr. Groza made a MOTION to accept; Mr. Gentile the second. Mrs. Potts: Alright. Mayor, do you want to speak to this? Mayor Sharnsky: As I mentioned earlier, I believe all of Council has Mr. Welsh's bio in front of them this evening. I've known Dan Welsh for many years, and he came to me and expressed an interest in being more involved in the City. This position became available, and he was willing to accept it and I appreciate his willingness to serve the City. I would appreciate if Council would look favorably on this appointment. Mrs. Potts: Any other comments from Council? [There was no response.] Would the Clerk please call the roll? Mrs. Caldwell: VOTE ON RESOLUTION 2023-053: Brillhart, yea; Detorakis, yea; Baum, yea;Groza,yea; Gentile, yea; Potts, yea; Stock, excused. Six yea, one excused on the passage ofResolution 2023-053. Page 5 of8 Fairlawn City Council May 15,2023 * * * * tr t! r! rr t! * * * * * * :l r! :t * * * rr rs tr * rr tr rr tr ?t tr tr tr tr APPROVED AS SUBMITTED Mrs. Potts: Would the Clerk please read Ordinance2023-054 by title only for the first time? Mrs. Caldwell read Ordinance 2023-054 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: Mr. Staten, would you like to speak to this? Mr. Staten: We can hold this, and I can come to the Committee meeting and discuss it. Tonight, Board of Audit did accept this, and Environmental Services accepted the project as well, so I can bring the project in and then we can discuss it. Mrs. Potts: Excellent. I would like to set the Committee of the Whole meeting date as next Monday the22d at 5:30 PM. Note the new time a half hour earlier. Now I'll call on the Finance Committee and our Chair, Kathleen Baum. F'INANCE COMMITTEE CHAIR. KATHLEEN BAUM Mrs. Baum: The Finance Committee has no report this evening. Mrs. Potts: Municipal Services Committee Chair, Todd Stock, is excused. Does anybody have a report? Mrs. Baum: Municipal Services has no report this evening. PUBLIC AFFAIRS COMMITTEE CHAIR. JOE GENTILE Mr. Gentile: Madam President, Public Affairs has no report this evening. Mr. Detorakis: Safety Committee has no report this evening. INTERGOVERNMENTAL AFF'AIRS COMMITTEE CHAIR. JONATIION GROZA Mr. Groza: Thank you, Madam President. The Committee has no report this evening. PLAI\NING COMMITTEE CHAIR. PHILIP BRILLHART Ordinance 2023-043 Olfered by Mayor Sharnsky AN ORDINANCE APPROVING THE REZONING OF I 12 BAKER BLVD,, IDENTIFIED AS PARCEL #0902755, FROM M-3 MLINICIPAL DISTRICT TO B- I LIMITED BUSINESS Ordinance2023-044 Offered by MayorSharnsky AN ORDINANCE APPROVING THE REZONING OF PARCEL #0904113, LOCATED ON RIDGEWOOD ROAD, FROM R-l SINGLE FAMILY RESIDENCE Page 6 of8 Fairlawn City Council May 15,2023 PassHold3d Reading2d Reading 05t0!2023 l$ Reading 04/17/2023 Accepted 04t17t2023 Public Hearing 06t0st2023 Expiration Date 07/16/2023 PassHold3d Reading2m Reading 05t0U2023 l't Reading 04/t7/2m3 Accepted 04/t7/2023 Public Hearing 06t0st2023 Expiration Date 07/16t2023 TO M-2 MUNICIPAL DISTRICT ARKS & RECREA APPROVED AS SUBMITTED Mr. Brillhart: Thank you, Madam President. Will the Clerk read Ordinance 2023-043 for the third reading by title only? Mrs. Caldwell read Ordinance 2023-043 by title only. Mr. Brillhart: This Ordinance has a public hearing scheduled for June 5,2023. tt ?t !t rt rt rt !t * * t( * * * * * tr * * * rr * * * * * * * * * t! t! * * * Mr. Brillhart: Would the Clerk please read Ordinance2023-044 for the third reading by title only? Mrs. Caldwell read Ordinance 2023-044 by title only. Mr. Brillhart: This Ordinance also has a public hearing scheduled for June 5,2023. That concludes the report of the Planning Committee. Mrs. Potts: Thank you. ITEM 10: OTHERBUSINESS Mrs. Potts: Now we come to other business. Mayor Sharnsky: Madam President, I believe we have a Scout in the audience this evening. Could you please come up to the podium and state your name for the record, what troop you're from, and why you're here this evening? Mr. Shisler: Yes sir. Hello, I'm John Shisler and I'm from Troop 123. I'm here to just attend this meeting, take notes, and if I have any questions, I'm supposed to ask some questions. I'm working on getting my communications merit badge for my Eagle Scout recommendation, so that's what I'm working on. Mrs. Potts: Well, you dodged a bullet. Mr. Stock is not here. Mr. Shisler: I've heard he likes to ask questions to Scouts. Mrs. Potts: I'm going to toss you over to the Mayor. You can grill him on the Scouts. Mayor Sharnsky: I don't know that much about the Scouts. You realize now that you've come up and you've spoken at this meeting, there's a record or transcript of this meeting and you'll be on the permanent records of the City of Fairlawn. Twenty years from now, you can go back and look at this night and you can see what you said. If you have no questions, though, that's going to be on the record too. Do you have any questions for Council or any of our Administration? Mr. Shisler: I'm just looking over the paper and not really Mayor Sharnsky: Not really. Okay, well we're going to let you off easy this evening then. You got lucky Mr. Shisler: Awesome. Thank you, this was very interesting. Thank you. Mrs. Potts: Is there any other business to come before Council? Mr. Nace: Madam President, on the Committee of the Whole meeting, I just wanted to double-check. [t's Monday, the 22d,right? Page 7 of 8 Fairlawn City Council May 15,2023 APPROVED AS SUBMITTED Mrs. Potts: Yes, what did I say? I hope I said the 22nd. Mr. Detorakis: You said the 22'd. Mayor Sharnsky: You said the 22d? I thought t heard the 23'd. Mrs. Potts: Well, I've got limited power. I can not change the calendar. Alright, so it is the22d at 5:30 PM. Are there any other questions? [There was no response.] ITEM 11: ADJOURNMENT Mrs. Potts: I would entertain a motion to adjoum. Mr. Gentile made a MOTION to adjourn; Mrs. Baum the second. Everyone voted in favor. The meeting adjourned at 6:48 pm. The next regular meeting of Council will be on June 5,2023 at 6:30 pm. These are the official minutes ofthe Fairlawn Ciw Council<"L meeting on May 15,2023 and approved by Fairlawn City Council on the day of 023Zr**fu Barbara Potts PRESIDENT OF COTINCIL Summer Owen Recording Secretary Tonja MMC COLTNCILI Page 8 of 8 Fairlawn City Council May 15,2023