Regular Session - City of Hubbard



Regular Session July 6, 2020

The members of Hubbard City Council met in regular session on Monday, July 6, 2020, in council chambers with President William Williams presiding. Approximately 3 people were in attendance.

Roll Call

B. Viele R. Zambrini M. Mogg M. Toda M. Kerr R. Hallapy J. Crowe

It was moved by Ms. Viele with a second by Ms. Zambrini to accept the minutes of the June 15, 2020 regular session as presented to council. There were no questions or comments on the motion. Motion passed. Vote unanimous.

COMMUNICATIONS

Clerk- We received the Mayor’s Court Report for June 2020 showing a total of $2,719.00, the Income Tax Comparison 2019/2020 thru June 30, 2020 and the Reconciliation of Bank Statements for month ended June 30, 2020. Just as a note, what was e-mailed to you did say May 31, but it is for June 30th.

It was moved by Ms. Viele with a second by Ms. Zambrini to accept the communications and place them in the proper files. There were no questions or comments on the motion. Motion passed. Vote unanimous.

REPORTS OF STANDING COMMITTEES

Finance- Ms. Zambrini- Yes, the new city revenue distribution formula went into effect in June. Up to that point, monthly revenue was divided among five categories with a portion of the money allocated to each. There have been recent changes to the formula. The Bond Fund which received an allocation of 18% has been paid off the beginning of June. Its share has been assigned to other categories. The General Fund previously received 62% of the monies and is now receiving 68%. The Capital Fund allocation has risen from 6% to 15%. The Park & Rec. Fund allocation has increased from 1% to 3.5%. A new fund has been added Maple Grove which is allocated .5%. On a related note, the city income tax collection for June is approximately $312,000 behind last year but over all year to date it is showing a slight improvement. To put this in perspective, we were 2% above 2019 at the end of February but fell to 28% below 2019 in April. The books are showing that we are 22% under 2019 at the end of June this year which is a small change but a move in the right direction. Tonight, I will ask council to waive the second and third readings of the resolution for the corona virus funding. I will also be requesting legislation accepting the tax rates and certifying tax levies to the county. Thank you, Mr. President.

Mr. Williams- okay, thank you

Park & Rec-Ms. Viele – Yes, the monthly Park & Rec Board meeting will be held here in council chambers Thursday, July 16th at 6:00 pm. I would like to give special thanks to Ed Palestro for coordinating the removal of playground equipment at Mattinat Park. Installation of the new equipment is on schedule for the end of July. Josh Barr was welcomed to the board at our June meeting. As always, the public is encouraged to attend and participate in Park & Rec. meetings. Thank you

Mr. Williams- thank you

Economic Development- Mr. Mogg-No report Mr. President.

Mr. Williams- thank you

Planning & Zoning- Mr. Toda- No report Mr. President

Mr. Williams- thank you

Utilities- Mr. Kerr – Thank you Mr. President, we are waiting for a meeting with the rep for utilities…Mr. Palestro was setting up a meeting to go over the rate study. Then our

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REPORTS OF STANDING COMMITTEES

committee would go over that and meet with them and then we would present that in a separate meeting. That is all I have Mr. President.

Mr. Williams- Thank you

Streets & Sidewalks –Mr. Crowe- Yes Mr. President, first I would like to comment on Route 304/East Liberty paving by ODOT. I would like to thank the Law Director and the Auditor for the work that they put into that last year. Mayor Darko and Dan Livingston the Service Director all contributed to get that (even though it is a year late) getting that started and getting that finished. They restriped that section that they paved so there is a new turning lane. I am going to ask for legislation tonight for our own resurfacing project for the city resurfacing project. That is all I have.

Mr. Williams- thank you

Safety- Mr. Hallapy- The safety committee met July 2nd to receive updates on the city's SRO contract with Hubbard Schools. The contract has no clause in place that details steps to take in case of a pandemic, such as the current Covid-19. Mayor Kyle and President of Council Williams met with Hubbard Schools Superintendent Soloman and Board President Adams. A decision was made for the city to reduce Year 2's contract by $3,930.24, leaving the adjusted Year 2 contract at $43,757.16 due to the school closure. Both sides agreed that SRO Takash will also provide services during the August school registration as part of Year 2's contract. The safety committee members were provided with details on how both administrations came up with the decisions made for Year 2's SRO contract adjustments and we were all in agreement with the changes. We endorse and are asking council's support on the proposed legislation that will amend the original SRO contract, detailing all agreed upon changes for Year 2. Note that the proposed legislation is for Year 2 only. Both administrations will meet again to adjust Year 3's SRO contract. Other topics discussed included: the sewer line at the safety center will be replaced for a cost of $5,878 with hopes that this will put an end to the ongoing problems; the need to look at costs for data storing, maintenance and retrieval should body cams be mandated by the governor; the current review of policies in place with the city - after completion, council members will be provided with copies to read and review

Mr. Williams- thank you

REPORTS OF SPECIAL COMMITTEES

CEMETERY BOARD- Mr. Mogg- Yes sir, in the last two weeks down at the cemetery they have dug and placed 20 cement pads for headstones. The interments that occurred over the winter and early spring are now starting to be leveled out and hopefully planting grass. I got a call today, somebody stating the grass hasn’t been planted. I am going to check on that. I have received compliments from citizens about the condition of the cemetery in the last two weeks the grass is looking nice and the weeds have been trimmed. People are starting to be happy and that is what we want to hear. With that being said, I would like to call a meeting for Monday, 13th at 5:30 at the cemetery.

Mr. Williams- Is that it?

Mr. Mogg- That is it sir. I am sorry

Mr. Williams- thank you

FIRE DISTRICT- Mr. Kerr- Thank you Mr. President. Our next meeting is Wednesday which would be the second Wednesday at 7:00 pm. We had a discussion about possibly switching to a zoom meeting because of the COVID and because of the tighter space up there. They will bring that up at that meeting. I did send the information to Mr. Villano for the lot numbers for 33 West Liberty remember our last meeting. So, they are just weighing in on what has to be done with that reallocation of 33 West Liberty. That is all I have Mr. President.

Mr. Williams- thank you

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REPORTS OF CITY OFFICIALS

SAFETY DIRECTOR- Lou Carsone- Not in attendance

SERVICE DIRECTOR- Mr. Livingston- Not in attendance

LAW DIRECTOR- Mark Villano- No report Mr. President thank you

Mr. Williams- thank you

TREASURER- Marsha Ruha- No report Mr. President thank you

Mr. Williams-thank you

AUDITOR- Michael Villano- Nothing this evening Mr. President. Thank you

Mr. Williams- thank you

It was moved by Ms. Viele with a second by Ms. Zambrini to accept the reports of standing committees, and city officials. There were no more questions or comments on the motion. Motion passed. Vote unanimous.

Mr. Williams- Now ladies and gentlemen we will move on to our Mayor’s Report. Mayor Ben Kyle

MAYOR’S REPORT

Thank President Williams, council members. Just to touch on what Mr. Hallapy said, over the past few weeks the city and the school were finding a solution to the forced closure of the school and the contract that was in place for the SRO. The legislation tonight was achieved by working with President Williams which I thank you, and a meeting with Superintendent Soloman and President of the Board Rocky Adams. We are working to update the contract further and continue our relationship with the school and the city for the future. I will also touch on what Jerry mentioned about ODOT’s paving project. I was very impressed by the work done by Shelly & Sands, ODOT inspectors and the residents of Hubbard during the paving project. I especially want to thank ODOT inspector, Hubbard Resident John Mesmer for his role and execution of such a large project. Shelly & Sands representative called the Mayor’s Office to commend the residents of Hubbard for their thoughtful and caring citizens that we have. Never in their 30 years as a crew, they had so many residents bring refreshments and check on them. I also want to thank Service Superintendent Mr. Palestro for assisting in making the new traffic patterns a reality. The remainder of the work will be completed as soon as possible and other striping and lane configurations will be completed throughout the city over the next couple of months. Just a quick update on a few things. The water department is continuing hydrant pressure checks throughout the city and weekly sanitary flow checks. The Street department are doing catch basin repairs and service of those basins. The electric department is continuing their annual city-wide pole structure inspections. I really want to thank the utility department for the newest update to the bill that everyone received. There was a color change of the actual bill and some simplification of the bill itself in the wording. That has been a project that everyone is working on to find ways to simplify things, help the residents and also provide information to them. I am really proud to announce the work that was done by Jerry’s street committee for the 2020 street resurfacing program that is upcoming. I also want to once again thank, Trumbull County Engineer Randy Smith, for his work for the mill and fill projects that we did throughout the city. This is the first time that we used them. I think it will be something that will save our roads along with the new crack seal program that the street department is going to be starting along with Mr. Palestro. They will be able to go throughput the city and be doing crack sealings to save our roads and continue the maintenance of them. That is all thank you

Mr. Williams- thank you Mayor

It was moved by Ms. Viele with a second by Ms. Zambrini to accept the Mayor’s Report.

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MAYOR’S REPORT

Mr. Kerr- Yes, I have a question. Mayor is there some way we could put a picture of that change in the traffic pattern. I know it is awesome the way it goes down there. I remember what happened down by dairy Queen and CVS when everyone turns. I know they can see it, but can we put something on the city webpage to let them know that this has changed.

Mayor- I think, once the project gets done, we could realistically… google earth doesn’t update that frequently

Mr. Kerr- no

Mayor- I am sure we could find a drone photographer if that is something we want to pursue. They could go up and take a photo of the new changes and be able to

Mr. Williams- You know what? You could probably...because what is his name? Mesmer. He had the drawing. We could just put the drawing saying here is what it looks like.

Mr. Kerr- I am just trying to avoid what happened down there. It still happens today but there are a lot of people like… the road is done I am going to go drive it. Bam!

Mr. Williams- Well that one is a little bit different.

Mr. Kerr-Yes

Mr. Williams- Yes, it is the people who go up Westview that go straight.

Mr. Kerr-Yes

Mr. Williams- Yes, your right that happens quite often.

Mr. Kerr- This is totally new here and it is awesome. It is huge improvement on lanes and traffic and all that. I don’t know just let them know.

Mayor-Yes, there are a couple of ideas. There at the Y, there is going to be some changes up there as well. Once all the striping and lane configuration gets finalized that is a good idea. We could always take the images that ODOT created and use those as well. Very good thanks.

Mr. Williams- anyone else?

There were no more questions or comments on the motion. Motion passed. Vote unanimous.

UNFINISHED OR OLD BUSINESS

Mr. Williams- I have a point to bring up with the discussions we had about the fire district last week. What I presented, did anyone have any questions or any input on what I presented? If there are no objections, I will be attending Wednesday nights Fire District meeting to present that to the fire board. As I said that night, I want to thank Mr. Rudinski for coming here and apologizing for that. I was pretty hurt by that one after all we did for false statements like that to come out. It needs to be straightened out. I will do that Wednesday night because we have always had a pretty good relationship and I want to keep that relationship moving. One other point about the Fire District, Mr. Kerr in your package you gave me a copy of the lease. I have never seen this before. Can I ask a question of the Fire Board?

Mr. Kerr- Yes

Mr. Williams- Did you guys read this lease?

Mr. Kerr- That is what the chairperson handed me to hand to you guys.

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UNFINISHED OR OLD BUSINESS

Mr. Williams- Okay, so nobody ever read it did they? Do you have your copy of it?

Mr. Kerr- I don’t have a copy here.

Mr. Williams- Well number four in this lease says Alterations-leasee shall not without first obtaining the written consent of the leaseor make any alterations additions or improvements into or about the premises.

Mr. Kerr- So, anything they do to the building has to come through here?

Mr. Williams- What you spent $87,000 on … you should have talked to the city first. I don’t think we are going to have a problem with that because that is not how we are, but it is a legal document. It is supposed to be followed.

Mr. Kerr- The lighting gets changed, we come to you guys, if they want to redo the floors it comes to you guys because we want to alter that building.

Mr. Williams-Yes, we have to approve it, but it is up to you to pay for it.

Mr. Kerr-Okay, I believe that would be the safety director, but I am sure the law director would know better than I.

Mr. Villano- The reasoning behind putting that in the lease is so we have a say so in what individuals will be performing the work on essentially city owed property. Since we still own the structure, we want to make sure you have a competent workman performing the work thereby maintain the integrity of the city’s building. That is why you need permission to who you would use on any improvements.

Mr. Williams- Do we have to address what has already been done or we don’t have to worry about that?

Mr. Villano- At this point probably not, it is done. We have to accept any improvements that have been made*** in the event you would abandon the premises it becomes the city’s property.

Mr. Williams- Okay, that is all I have on that. Where are we at? Does anyone have anything else under unfinished or old business?

MISCELLANEOUS BUSINESS

Mr. Crowe- Yes, I have a question and I wish the safety director were here, but we have a law director here. Golf carts are pretty popular riding around town. There is a police officer here. Is there any complaints? There are a lot of people riding around on golf carts.

Mr. Villano- I am not aware of any complaint. I have heard a little grumbling about golf carts. I have researched this in the past for a police department at that time and the Ohio Revised Code had no specific provisions for golf carts listed as could they be permitted on the road or not. Since then, the code has been amended. There is a section allowing golf carts if the municipality has legislation to permit them. It is probably for retirement communities and things like that. Although, I don’t picture Hubbard that way. It would require legislation be passed and it can only be used on secondary streets where speed limits are no more than 25 mph. You really wouldn’t be permitted to go down Liberty Street even though that is the speed limit, but it has to be a secondary street. The golf cart would have to be licensed and have functioning safety equipment on it. You couldn’t just take a golf cart from the golf course and starting riding round. That is available as an option if the city wishes to go in that direction.

Mr. Williams- Well that brought up an interesting point Mark. Maybe you would know, these mobility scooters that these people ride…the one guy is always riding down Main Street instead of on the sidewalks but

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MISCELLANEOUS BUSINESS

Mr. Villano- That is a different situation, if hit an individual…if you collide with a golf cart right now on the street the golf cart will probably going to be at fault since it is not supposed to be on the road. A mobility scooter is essentially the same as being used as a person’s legs. As long as they are obeying normal rules for a normal pedestrian, cross in the crosswalk, walk on the sidewalk if you hit that individual it is the same as hitting a pedestrian. Likewise, if they are driving out on the street and they are not where a pedestrian should be, they would be at fault.

Mr. Williams- Okay because I was pulling out of Mock Street the other day. It was little and the guy came down the road and I am telling you he was doing at least 20 mph. I have never seen one move that fast.

Mr. Villano- I have a picture of one. The guy in one at the traffic light on Hall was driving it like it was a car.

Mr. Williams- yea

Mr. Villano- They are not a car. They are enabling you to move at cross walks down the sidewalks etc. That is not a substitute for a licensed vehicle on a roadway. That is up to the pedestrian using that to have that knowledge.

Mr. Williams- okay thank you

Mr. Crowe- thank you

Mr. Williams- Anything else under miscellaneous?

Ms. Zambrini- I have something.

Mr. Williams- go ahead

Ms. Zambrini- I think it was the Tribune I was reading one day. There was mention from a Girard City Council meeting that they might ask Hubbard for additional cost to operate Girard Court. Does anybody know this? Do you know anything about that?

Mr. Williams- no I don’t

Ms. Zambrini- Mayor

Mayor- I read the same thing. I have yet to receive any phone calls, hear of anything. I spoke with Auditor Villano and he has never heard of anything from that time period as well.

Ms. Zambrini- what do we pay them now? Or did they just get…can I talk to him or do I

Mr. Williams- go ahead

Ms. Zambrini- Do we pay they out of our fines from Mayor’s Court or what? What funding do they get from us?

Mr. Villano- There is a statutory provision in the revised code whereby all the municipalities in the municipal court’s jurisdiction have to contribute a portion of the operating costs of the court. For us, it was somewhere between $3,500. It was based on case load and a bunch of other things and for us it was approximately $3500.00 to $4,000.00 a year. For quite a few years before Girard had their financial difficulties, the Judge at that time waived that because they can elect to assess this or not. When Girard was having some financial difficulties, they then elected to reinstate the fee and we paid it for a number of years. It is once a year flat or semi-flat rate. In recent years, they have not been assessing the city. My suspicion is they may be leaning toward going back to requiring that assessment.

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MISCELLANEOUS BUSINESS

Ms. Zambrini- It only singled out Hubbard in the brief. I know there are other communities that are served by the court. I wonder why they didn’t specify them as well. I just wanted to know if anybody heard anything.

Mr. Williams- Yes Bonnie

Ms. Viele- I just wanted to repeat this announcement about the tire recycling event. It is going to be next Saturday, July 11th from 9 to noon at the township administration building. This is through a grant. A joint thing with the city and the township through Geauga Trumbull Solid Waste Management District. They could use some volunteers. It could be an individual or a group. If you could volunteer next Saturday from 9 to noon to just unload tires and through them in the pile. That is all I have thank you.

PUBLIC ADDRESS TO CITY COUNCIL ON AGENDA ITEMS

Mr. Williams- If there is anyone who would like to address city council on agenda items please step forward to the microphone. You will have three minutes unless extended by council

NEW BUSINESS & REQUESTS FOR LEGISLATION

It was moved by Mr. Crowe with a second by Mr. Mogg to have the Law Director draw up the necessary legislation authorizing the board of Control to advertise for bids for the 2020 Street Resurfacing Program. There were no questions or comments on the motion. Motion passed. Vote unanimous.

It was moved by Mr. Crowe to waive the 24-hour notification and place resolution... I don’t have a number yet and on the agenda.

Mr. Williams- What would it be Lorrie?

Clerk-4

Mr. Williams- 4. 4-20 Jerry

Mr. Crowe-4-20

Mr. Williams-Yep. Do I have a second?

Mr. Kerr- Second

It was moved by Mr. Crowe with a second by Mr. Kerr to waive the 24-hour notification and place resolution 4-20 the agenda. There were no questions or comments on the motion. Motion passed. Vote unanimous.

It was moved by Ms. Zambrini with a second by Ms. Viele to have the law director draw up the necessary legislation for a resolution accepting the amount and rates as determined by the Trumbull County Budget Commission and authorizing the necessary tax levies and certifying them to the Trumbull County Auditor. There were no questions or comments on the motion. Motion passed. Vote unanimous.

It was moved by Mr. Hallapy with a second by Mr. Mogg to have the law director draw up the necessary legislation to amend memorandum of understanding created by ordinance 19-18, establishing a school resource officer. There were no questions or comments on the motion. Motion passed. Vote unanimous.

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ORDINANCES & RESOLUTIONS

Ordinance 6-20 Second Reading

AUTHORIZING THE TREASURER TO TERMINATE THE STAR OHIO ACCOUNT #16121 AND CONSOLIDATE THE BALANCE INTO THE FIRST NATIONAL BANK RESERVE FUND SAVINGS ACCOUNT #95583828

Mr. Williams- Since there is no action on Ordinance 6-20 it will flow to its third reading

Resolution 3-20 First Reading

A RESOLUTION AFFIRMING THAT FUNDS FROM THE COUNTY CORONAVIRUS RELIEF DISTRIBUTION FUND WILL BE EXPENDED ONLY TO COVER COSTS OF THE CITY OF HUBBARD, OHIO CONSISTENT WITH THE REQUIREMENTS OF SECTION 5001 OF THE CARES ACT AS DESCRIBED IN 42 U.S.C 801 (FORMERLY 42 U.S.C. 601(D), AND ANY APPLICABLE REGULATIONS AS IS NECESSARY PURSUANT TO H.B. 481 BEFORE RECEIVING SAID FUNDS, AND DECLARING AN EMERGENCY.

It was moved by Ms. Zambrini with a second by Ms. Viele to suspend the second and third readings of resolution 3-20. There were no questions or comments on the motion. Motion passed. Vote unanimous.

It was moved by Ms. Zambrini with a second by Ms. Viele that resolution 3-20 be passed as read. There were no questions or comments on the motion. Motion passed. Vote unanimous.

Resolution 4-20 First Reading

AUTHORIZING THE BOARD OF CONTROL TO ADVERTISE FOR BIDS FOR THE 2020 STREET RESURFACING PROGRAM

It was moved by Mr. Crowe with a second by Mr. Mogg to suspend the second and third readings of resolution 4-20. There were no questions or comments on the motion. Motion passed. Vote unanimous.

It was moved by Mr. Crowe with a second by Mr. Mogg that resolution 4-20 be passed as read. There were no questions or comments on the motion. Motion passed. Vote unanimous.

PUBLIC ADDRESS TO CITY COUNCIL ON NON-AGENDA ITEMS

Mr. Williams- If there is anyone who would like to address council on non-agenda items related to city council business when recognized please step forward to the microphone and state your name and address for the record. You will have three minutes unless extended by council vote.

Mr. Mogg- the meeting in August

Mr. Williams- Yes, I am glad you brought that up Mr. Mogg I forgot that. Since we did not meet in the month of March, we are usually off in the month of August It is my feeling, and I think a few other members that I talked to one on one, that we already got our vacation. I would like to schedule meetings in August for the first and third Mondays. Does anybody have any objections to that? Even if you do, I can do it anyhow. I just wanted to touch base with everybody. Anyone have a problem…none. So, Lorrie if you could put that out there that we will meet in August since we were off in March.

Clerk-Yes

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PUBLIC ADDRESS TO CITY COUNCIL ON NON-AGENDA ITEMS

Mr. Williams- I appreciate everyone’s help with that one. Mr. Mogg thank you for reminding me. You get to be my age you get forgetful. Thanks Jer. So, I would entertain a motion to adjourn.

ADJOURN

A motion was made by Mr. Toda with a second by Mr. Mogg to adjourn. There were no questions or comments on the motion. Motion carried. Vote Unanimous.

__________________________ __________________________

Lorrie Brown, Council Clerk William Williams, President

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