The Council of the City of Cortland met in regular session on Tuesday, July 5, 2011 at 7:00 p.m. with Council President Stocz presiding.  Members of Council present were, Dennis Linville, Kevin Piros, Diana Sweeney, Terry Tackett and James Woofter.  Also present at the meeting were Mayor Moll, Law Director Wilson, and Finance Director Moyer

 

A motion to approve council minutes from the June 20, 2011 meeting was made by Councilman Piros and seconded by Councilman Tackett.  ROLL CALL -  Woofter, aye; Linville, aye; Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye.  MOTION PASSED

 

A motion to approve the schedule of bills to be paid totaling $ 62,980.31 was made by Councilman Linville and seconded by Councilman Piros.  ROLL CALL -  Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye.  MOTION PASSED

 

RESOLUTION R- 18-11 – a resolution requesting the auditor of Trumbull County, State of Ohio, to advance the amount of $200,000 collected thru real estate tax, August settlement for use in the General Fund of the City of Cortland was read and moved by Councilman Linville and seconded by Councilman Tackett.  ROLL CALL -  Linville, aye; Petrosky, absent; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Piros, aye.  RESOLUTION PASSED

 

RESOLUTION R-19-11 -  a resolution requesting the auditor of Trumbull County, State of Ohio, to advance the amount of $200,000 collected thru real estate tax, August settlement for use in the Police Levy Fund of the City of Cortland was read and moved by Councilman Linville and seconded by Councilman Woofter.  ROLL CALL -  Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, absent.  RESOLUTION PASSED

 

RESOLUTION R-20-11 -  a resolution requesting the auditor of Trumbull County, State of Ohio, to advance the amount of $200,000 collected thru real estate tax, August settlement for use in the Fire Levy Fund of the City of Cortland was read and moved by Councilman Woofter and seconded by Councilman Piros.  ROLL CALL -  Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye.  RESOLUTION PASSED

 

RESOLUTION R-21-11 -  a resolution declaring it necessary to levy a tax in excess of the ten mill limitation was read and moved by Councilman Linville and seconded by Councilman Piros.

 

COUNCILMAN PIROS -  How old is the original one?

 

FINANCE DIRECTOR -  Probably it would go back to the 70’s. This is a five year levy not a continuous levy like the ones for police and fire so it expires every five years unless you put it back on the ballot.  This is not replacing the levy it is renewing the levy and the difference is it will not change with regards to our valuation and it will stay exactly the same as it is now.  It will not effect the taxpayer in any way as far as any increase.   It is just saying for another five years we are going to continue to collect what we are collecting now and it starts with tax year 2012.

 

COUNCILMAN TACKETT – So when this goes on the ballot it won’t say it is a replacement?

 

FINANCE DIRECTOR -  No it will say renewal and that means it will stay exactly like it is right now.

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COUNCILMAN TACKETT – The mills are at today’s rate rather than five years ago.

 

MAYOR -  No it is the same rate.

 

ROLL CALL R-21-11 -  Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, absent; Piros, aye.  RESOLUTION PASSED

 

RESOLUTION R-22-11 -  a resolution accepting the Alternative Tax Budget as determined by the Budget Commission and certifying it to the County Auditor was read and moved by Councilman Woofter and seconded by Councilman Linville. 

 

COUNCILMAN WOOFTER -  Do you want to explain this one too.

 

FINANCE DIRECTOR -  This is basically the budget that we have to file every year at this time for the coming year.  This is for fiscal year 2012.  It reflects no changes in any of the levees.  Even if you are planning to put a levy on you don’t reflect that in here.  There are no major changes from last year’s budget.  It is just a projection of what our numbers look like carrying forward through 2012.

 

ROLL CALL ON R-22-11 -  Piros, aye; Stocz, aye; Sweeney,aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, absent.  RESOLUTION PASSED

 

ORDINANCE 0-24-11 -  an ordinance authorizing the Fire Chief to purchase three (3) Life Pak 15 cardiac monitors with accessories was read and moved for third reading by Councilman Woofter and seconded by Councilman Piros.  ROLL CALL -  Linville, aye; Petrosky, absent; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye.  ORDINANCE PASSED THIRD READING

 

ORDINANCE 0-36-11 -  an ordinance authorizing the City of Cortland to enter a contract with Diorio Paving Inc., for the 2011 asphalt resurfacing program was read and moved by Councilman Woofter and seconded by Councilman Linville.  A motion to suspend the rules was made by Councilman Piros and seconded by Councilman Woofter.  ROLL CALL ON SUSPENSION OF RULES -  Linville, aye; Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye.  ROLL CALL ON 0-36-11 -  Woofter, aye; Linville, aye; Petrosky, absent; Piros, aye; Stocz, aye; Sweeney,aye; Tackett, aye.  ORDINANCE PASSED IN EMERGENCY

 

ORDINANCE 0-37-11 -  an ordinance authorizing the City of Cortland to enter into a contract  with J.D.  Striping and Services Inc. for the 2011 Street Striping Program was read and moved by Councilman Woofter and seconded by Councilman Linville.  A motion to suspend the rules was made by Councilman Woofter and seconded by Councilman Piros.  ROLL CALL ON SUSPENSION OF RULES -  Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, absent.  ROLL CALL ON 0-37-11 -  Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye.  ORDINANCE PASSED IN EMERGENCY

 

 

 

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ORDINANCE 0-38-11 -  an ordinance certifying a charter amendment to the Trumbull County Board of Elections. (Proposition One) was read and moved by Councilman Woofter and seconded by Councilman Piros.

 

MAYOR -  I am going to comment on each one of these.  Two things, these are modifications to the Charter and are ones that we put off last year because we didn’t want to put  20 things in front of the voters.  So basically this is the last batch.  There are 3 or 4 that we will document and submit to the next charter review commission in 2020.  We will go through and state what was changed in each of these this evening.

 

COUNCILWOMAN SWEENEY -  I was going to ask that question, what are the changes?

 

MAYOR -  I am going to explain each one as we go through.

 

COUNCILWOMAN SWEENEY -  My next question is we talked about cleaning it up and that was the language that was in the original transition from village to city.  For historical purposes are we going to keep an original copy of the charter?

 

CLERK OF COUNCIL -  We have the original booklets that were printed.

 

MAYOR – There is a file in my office of each of the charter commissions and the notes that they took and what they submitted to council and we have preserved all of that.

 

MAYOR -  The first one, is to remove language from the composition and term of councilmembers.  The language was dealing with the appointing of a seventh councilmember with the term expiring Dec. 31st 1983 and thereafter will be filled by election. 

 

LAW DIRECTOR -  Was there any discussion about removing the sentence before it regarding Cortland Village?  It seems to be the same concept.

 

MAYOR -  No there wasn’t.  I will withdraw this one and we will do it in emergency.

 

Councilman Woofter and Councilman Piros withdrew their motions for Ordinance 0-38-11.

 

MAYOR -  This one probably should have been taken out.  Charter amendments can be submitted by the Mayor, Charter Commission or Council.

 

ORDINANCE 0-39-11 -  an ordinance certifying a charter amendment to the Trumbull County Board of Elections (Proposition Two) was read and moved for first reading Councilman Piros and seconded by Councilman

Tackett. 

 

MAYOR -   This change is for the Clerk of Council and it removes the language during the absence or disability of the Clerk, the Council shall appoint a Clerk Pro Tempore to perform all the duties of the

                                                                                                            July 5, 2011

 

office was changed to … at the beginning of the year Council shall appoint, for the entire year, a Clerk Pro Tempore to perform all of the duties of the office in the event that the Clerk is absent or disabled.

This gets us out of having to announce her vacations.

 

COUNCILWOMAN SWEENEY – I have another question.  Does the one that we originally got in our packet contain another paragraph?

 

CLERK OF COUNCIL-  Section 3.06 was at the bottom of the page and I didn’t see it so I thought the last paragraph was included in 3.05 and it wasn’t.  We are only changing 3.05, 3.06 is staying the same.

 

ROLL CALL ON 0-39-11 -  Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, absent; Piros, aye.  ORDINANCE PASSED FIRST READING

 

ORDINANCE 0-40-11 -  an ordinance certifying a charter amendment to the Trumbull County Board of Elections (Proposition Three) was read and moved for first reading by Councilman Woofter and seconded by Councilman Piros. 

 

MAYOR -  This one removes the last sentence that says …The present Clerk-Treasurer of the Municipality shall continue in office as Director of Finance for the term to which elected.  That just goes away because we don’t have a Clerk Treasurer.  It was true when we were a Village but not so anymore.

 

COUNCILMAN TACKETT -  Is there a typo, the he should be a she?

 

CLERK OF COUNCIL -  No, the charter addresses gender.

 

ROLL CALL ON 0-40-11     -  Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, absent.  ORDINANCE PASSED FIRST READING

 

ORDINANCE 0-41-11 -  an ordinance certifying a charter amendment to the Trumbull County Board of Elections (Proposition Four) was read and moved for first reading by Councilman Piros and seconded by Councilman Woofter.

 

MAYOR -  We are removing from the middle paragraph … except two (2) members shall be appointed in January 1991, one to serve a four (4) year term and the other a five (5) year term.  No member shall serve for more than three (3) full five year terms.

We removed the language about 1991 for obvious reasons.  We removed the language about the three term limitation because we have no other board that has a term limitation. 

 

ROLL CALL ON 0-41-11     -  Linville, aye; Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye ;Woofter, aye.  ORDINANCE PASSED FIRST READING

 

ORDINANCE 0-42-11 -  an ordinance certifying a charter amendment to the Trumbull County Board of Elections (Proposition Five) was read and moved for first reading by Councilman Woofter and seconded by Councilman Piros. 

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MAYOR -  Between the last sentence in the first paragraph and each regular appointment shall be for a term of five (5) years, there used to be a bunch of language about terms of members terminating at the effective date of the Charter and there was a complicated way to get five people appointed over a period of time and we took all that out.  Now it basically says each appointment is for five years.

 

ROLL CALL ON 0-42-11 -  Woofter, aye; Linville, aye;  Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye.  ORDINANCE PASSED FIRST READING

 

ORDINANCE 0-43-11 -  an ordinance certifying a charter amendment to the Trumbull County Board of Elections (Proposition Six) was read and moved for first reading by Councilman Piros and seconded by Councilman Woofter. 

 

MAYOR -  This one is for the Fire Dept. and removes the sentence that says the person holding the Fire Chief position  on the effective date of this Charter shall be deemed qualified  for such position under the Civil Service provisions of this Charter.  Also we removed language about the Cortland-East Bazetta Fire District because it is no longer relevant.

 

ROLL CALL ON 0-43-11 -  Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye.  ORDINANCE PASSED FIRST READING

 

ORDINANCE 0-44-11 -  an ordinance certifying a charter amendment to the Trumbull County Board of Elections (Proposition Seven) was read and moved for first reading by Councilman Tackett and seconded by Councilman Piros.

 

MAYOR -  This deals with the Library Board and removes sections (d) (e) and (f) which related to the Library Board.  Sections (a) (b) and (c) are totally unchanged

 

ROLL CALL ON 0-43-11 -   Linville, aye; Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye.  ORDINANCE PASSED FIRST READING

 

ORDINANCE 0-45-11          -  an ordinance certifying a charter amendment to the Trumbull County Board of Elections (Proposition Eight) was read and moved for first reading by Councilman Tackett and seconded by Councilman Piros.

 

MAYOR -  This one is to remove the Library Board from the organization chapter and it removes the words Library Board and changes the rest of them to deal with a single board instead of two boards.

 

ROLL CALL ON 0-45-11 -  Linville, aye; Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye.  ORDINANCE PASSED FIRST READING

 

ORDINANCE 0-46-11 -  an ordinance certifying a charter amendment to the Trumbull County Board of Elections (Proposition Nine) was read and moved for first reading by Councilman Piros and seconded by Councilman Linville.

 

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MAYOR -  We are removing section (c) on Powers and Duties which refers to the Library Board.

 

ROLL CALL ON 0-46-11 -  Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye.  ORDINANCE PASSED FIRST READING

 

ORDINANCE 0-47-11   - an ordinance certifying a charter amendment to the Trumbull County Board of Elections (Proposition Ten) was read and moved for first reading by Councilman Linville and seconded by Councilman Woofter.

 

MAYOR -  All this does is change Article XII from Parks, Recreation, and Library Board to Parks and Recreation Board  and it will also change it in the Table of Contents.

 

ROLL CALL ON 0-47-11 -  Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, aye; Piros, aye.  ORDINANCE PASSED FIRST READING

 

ORDINANCE 0-48-11 -  an ordinance authorizing the Mayor to enter into a LPA Local-Let project agreement with the State of Ohio, Department of Transportation to establish the responsibilities for the administration of the High/West Main Street Resurfacing Project was read and moved for first reading by Councilman Linville and seconded by Councilman Woofter.

 

MAYOR -  This will be done 2013 or 2014.

 

COUNCILMAN WOOFTER -  Is this the bridge?

 

MAYOR -  No, this is not the bridge.  This is for High St. south of Main St., and the downtown part of Main St.

 

COUNCILWOMAN SWEENEY -  Are we doing the bridge this year?

 

MAYOR -  No, next year we hope.

 

ROLL CALL ON 0-48-11-  Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, absent.  ORDINANCE PASSED FIRST READING

 

ORDINANCE 0-49-11 -  an ordinance authorizing the Mayor to enter into a LPA Local-Let project agreement with the State of Ohio, Department of Transportation to establish the responsibilities for the administration of the Lakeview Schools Pedestrian Enhancement Project was read and moved for first reading by Councilman Woofter and seconded by Councilman Linville.

 

MAYOR -  This is for next summer.

 

COUNCILMAN TACKETT – And this money is going to be funded through the inheritance tax money.

 

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MAYOR -  Yes, the matching funds will come out of the Parks and Recreation Fund which is about $60,000.

 

ROLL CALL ON 0-49-11 -  Linville, aye; Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye.  ORDINANCE PASSED FIRST READING

 

MAYOR’S REPORT

MAYOR -  First of all I would like to thank Jim for co-coordinating the 4th of July fireworks display . You got about half the money from Mary Oaks personally and we thank her for her generosity.  We are hoping to be able to raise money for next year.

I did receive a letter from Walnut Condo Assoc. today and I haven’t had a chance to discuss it with Don.  After I have more information I will bring it in here.

The only other thing I have is a letter from our officer in charge Tom Andrews for recognition of Officer Jason Smith for his contributions and heading the police department’s participation in the Soap Box Derby.  I want to recognize Jason for his efforts.

 

FINANCE DIRECTOR’S REPORT

FINANCE DIRECTOR -  A point for clarification, the legislation that was on tonight for the levy was basically just stating the necessity. That piece of legislation will be certified to the county and they will send back to me the document containing the exact dollar amounts and that will be put into another piece of legislation to be passed at the next meeting.  You will have all of that information in front of you when you pass the legislation that will actually place it on the ballot.  It will have the ballot language and you will know what the dollars are from the county.

 

MAYOR -  Any comments about the audit?

 

FINANCE DIRECTOR -  No, I have a meeting with them on Thursday to do the final audit conference.  I was told there are no findings or citations, there will just contain a management letter as in the past.  That would be for years 2009 and 2010.

 

COUNCILMAN TACKETT -  I am sure we are ok because you were still here.

 

POLICE CHIEF’S REPORT

OFFICER ANDREWS -   I have nothing.

 

FIRE CHIEF’S REPORT

FIREFIGHTER METZENDORFF -  I have nothing.

 

SERVICE DIRECTOR’S REPORT

MAYOR  -  I would like to say a couple of things about the service director’s report.    I just wanted to mention that the water tower is in service and the pressure at the service garage this morning is at about 64psi.   We will be stepping it up this week.

 

COUNCILMAN WOOFTER -   To what?

 

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MAYOR -  About a pound a day and about 68 by weeks end and then next week it will be a little higher. 

 

COUNCILMAN WOOFTER -  What is our maximum when it is completed?

 

MAYOR -  I don’t know the answer to that question, I would guess about 75.

 

COUNCILMAN WOOFTER -  Have we had any problems?

 

MAYOR – Not that I have heard of. People will use more water, I can guarantee it.

 

FIREFIGHTER METZENDORFF -  We are keeping track of pressures at the fire dept.

 

MAYOR -  What are they running?

 

FIREFIGHTER METZENDORFF -  It varies at the time of day, probably between 50 and 55.

 

MAYOR -  The problem we have in that part of town is that the plumbing is real old and we don’t want to put a lot of pressure there.  If you go down to Lake Vista it is probably 100 psi.  We have to be careful.  I was just telling you it is up at the park because it used to run about 54.

 

COUNCILMAN WOOFTER – There was a barrel sitting out in the middle of the road by Burger King.  It doesn’t seem like it is serving any purpose.

 

OFFICER ANDREWS – It has been there all weekend. 

 

MAYOR -  Is there anything under it?

 

COUNCILMAN WOOFTER -  It seems to me last week I saw a gas truck doing something down there.  I think they might have left it there.

 

OFFICER ANDREWS -  When we are done here I will have the road guys go out and look at it.  If it is not in use we will get it out of there tonight.

 

COUNCILMAN PIROS – Do you know if know what the schedule for the resurfacing of the basketball and tennis courts is?

 

MAYOR -  He has talked to the contractor and they were scheduling it with the school.

 

PRESIDENT STOCZ -  We have with us tonight Steve Belcher, Chairman of the Parks Board for Bazetta and he is going to tell us about the Community Day Picnic.

 

 

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STEVE BELCHER -  I am Chairman of the Parks Board and I have with me our Secretary, Fiscal Officer and a Trustee.  August 21 we are having a community day at the park. We are planning on digging up the time capsule that was buried in 1976.   I understand that Bazetta, Cortland and the Optimist Club were all involved with this.  I am here for two purposes.  To let you what we are going to do and to invite you.  Basically we are going to start about 2 and run till about 6.  We have requests out to the Army National Guard, the Army Guard, the Air Base, the Marines.  We are going to talk to the Cortland Police and  Fire Depts. about coming down.  Last year we had a large fund raiser which we raised about $10,000 for the park.  All the people who contributed then are getting first shot at setting up a booth in the park do advertise their products.  We are going to have games, a couple of bands , truck show sponsored by Mark Thomas Ford and free food, hot dogs and hamburgers.  We are planning on digging up the time capsule about 3 p.m.  We are also inviting if you have any new pieces of equipment, fire, police or road, you can bring it down and set it up and have someone explain the equipment.  We are going to do this and tell them how much it costs and how we use it, so the community sees how their money is being used.  If the city wants to contribute financially we are looking at about $400.00 would be your costs.  We think we are going to spend about $800.00 on pop, hot dogs and hamburgers.  That is totally up to you.  We have the money that we raised but we would like it to be a joint effort between your city and our township.

 

PRESIDENT STOCZ -  Is there anyone in the audience with questions of council?

 

A motion to adjourn the meeting was made by Councilman Tackett and seconded by Councilman Piros.  ROLL CALL -  Woofter, aye; Linville, aye; Petrosky, absent; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye.  MOTION PASSED

 

The meeting adjourned at 7:40 p.m.

 

 

 

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            CLERK OF COUNCIL                                 PRESIDENT OF COUNCIL