MONDAY, NOVEMBER 9, 2020

Transcription

1 MONDAY, NOVEMBER 9, 2020 COMMITTEE MEETING 7:00 p.m. Via Telephone/Video Conference via Zoom and Live Stream via City YouTube Channel Join Video Meeting: Meeting Dial-In# (Audio Only): (646) or (301) Meeting ID: Passcode: (For Audio and Video) YouTube Channel: MEETING CALLED TO ORDER LOCAL GOVERNMENT & COMMUNITY SERVICES - Councilwoman Wering, Chair Councilman Simmerly, Vice Chair Ord Recodification Res Establishing a City Diversity and Inclusion Coalition Issue: City s Response to Systemic Racism FINANCE - Councilwoman King, Chair Councilwoman Adler, Vice Chair Ord Placing Fire Levy Renewal on May 2021 Ballot Res Requesting County to Certify Fire Levy Renewal Ord County Board of Health Contract BOARDS & COMMISSIONS REPORTS ROUNDTABLE

2 CITY OF FAIRVIEW PARK ORDINANCE NO REQUESTED BY: COUNCIL PRESIDENT KILBANE SPONSORED BY: COUNCILWOMAN WERING AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF FAIRVIEW PARK, OHIO AND DECLARING AN EMERGENCY. WHEREAS, various ordinances of a general and permanent nature have been passed which should be included in the Codified Ordinances of Fairview Park, Ohio; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, OHIO: SECTION 1. That the editing, arrangement and numbering of those ordinances enacted by Council from to , as listed in the Comparative Section Table, are hereby approved and adopted as printed in the 2020 Replacement Pages to the Codified Ordinances so as to achieve uniformity of style and classification. A summary of such Replacement Pages are attached to this ordinance and incorporated as Exhibit A herein. SECTION 2. The following sections of the Traffic and General Offenses Codes, as amended, are hereby approved and adopted as amended or enacted so as to conform to enactments of the Ohio General Assembly: Traffic Code Bicycle, Motorized Bicycle, Moped, Electric Bicycle. (Amended) Motor Vehicle. (Amended) Predicate Motor Vehicle Offense. (Amended) Shared-Use Path. (Amended) Vehicle. (Amended) Freeway Use Restricted. (Amended) Driver s Duties Upon Approaching Ambiguous Traffic Signal. (Amended) Overtaking, Passing to Left; Driver s Duties. (Amended) Signals Before Changing Course, Turning or Stopping. (Amended) Hand and Arm Signals. (Amended) Driving Upon Sidewalks, Street Lawns or Curbs. (Amended) Wearing Earplugs or Earphones Prohibited. (Amended) Maximum Speed Limits. (Amended) Display of License Plates or Validation Stickers; Temporary License Placard. (Amended) Operating Without Dealer or Manufacturer License Plates. (Added) Drivers and Passengers Required to Wear Seat Belts. (Amended) Prerequisites to Operation of a Commercial Motor Vehicle. (Amended) Electric Bicycles. (Added) General Offenses Code Disorderly Conduct. (Amended) Drug Abuse Control Definitions. (Amended) Open Container Prohibited. (Amended) Sexual Imposition. (Amended)

3 Public Indecency. (Amended) Dissemination of Private Sexual Images. (Added) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternate Nicotine Products. (Amended) Reserved. (Previously Criminal Child Enticement ) Weapons Definitions. (Amended) Unlawful Transactions in Weapons. (Amended) SECTION 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were taken in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public in compliance with the law. The cost shall be charged to the General Fund - Legislative ( ). SECTION 4. That this ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare for the reason that the updating and revision of the Codified Ordinances is imperative for the daily operation of the City, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall go into immediate force and effect upon its signing by the Mayor. PASSED: 1 st reading: APPROVED: 2 nd reading: 3 rd reading: Michael P. Kilbane, President of Council Patrick J. Cooney, Mayor Liz L. Westbrooks, Clerk of Council Ordinance Page 2

4 Ordinance Exhibit A Page 1 The Walter H. Drane Company Fairview Park, Ohio Summary of 2020 Model Amendments TRAFFIC CODE Bicycle; Motorized Bicycle; Electric Bicycle. (Adds definition of electric bicycle.) Motor Vehicle. (Adds electric bicycles to definition.) Predicate Motor Vehicle Offense. (Adds new subsection (d).) Shared-Use Path. (Adds last sentence to definition.) Vehicle. (Adds electric bicycle to definition.) Freeway Use Prohibited by Pedestrians and Bicycles. (Adds electric bicycle to regulation of bicycles.) Driver s Duties Upon Approaching Ambiguous or Non-Working Signal. (Adds electric bicycle to regulation of bicycles.) Overtaking or Passing to the Left. (Adds electric bicycle to regulation of bicycles.) Signals Before Changing Course. (Adds electric bicycle to regulation of bicycles.) Hand and Arm Signals. (Adds electric bicycle to regulation of bicycles.) Driving Upon Sidewalks. (Adds electric bicycle to regulation of bicycles.) Maximum Speed Limits. (Revised speed limit designations on controlled access highways, freeways and expressways in subsection (b).) Display of License Plates or Validation Stickers; Temporary License Placard. (License plate and temporary license placard to be displayed on the rear of vehicle.) Operating Without Dealer or Manufacturer License Plates. (Adds new section regulating operating a manufacturer or dealer vehicle without license plates or placards.) Drivers and Passengers Required to Wear Seat Belts. (Revised subsection (c) pertaining to persons exempt from the seat belt requirements.) Prerequisites to Operation of a Commercial Motor Vehicle. (Amends subsection (b)(2) to add Ohio Fire Marshal to exceptions.)

5 Ordinance Exhibit A Page Motorized Bicycle Operation, Equipment and License. (Deleted former subsection (c) and renumbered former subsection (d) as subsection (c).) GENERAL OFFENSES CODE Disorderly Conduct. (Adds new subsection (e)(4).) Drug Abuse Control Definitions. (Completely rewrites section to comply with ORC ) Open Container Prohibited. (Adds classes of permit holders under subsection (c)(7)a. and adds new subsection (c)(7)c.) Sexual Imposition. (Revises language in subsection (c) pertaining to multiple violations.) Public Indecency. (Adds new subsection (d).) Dissemination of Private Sexual Images. (Adds new section on dissemination of private sexual images.) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternate Nicotine Products. (Completely rewrites section to comply with current State law; raises legal age to purchase tobacco; includes regulations for transaction scans.) Criminal Child Enticement. (Removed section.) Weapons and Explosives Definitions. Transferred exception contained in subsection (k)(7) to subsection (l)(7)) Unlawful Transactions in Weapons. (Revises first line of subsection (a) and adds transferee in subsection (a)(2).)

6 CITY OF FAIRVIEW PARK RESOLUTION NO: REQUESTED BY: COUNCIL PRESIDENT KILBANE SPONSORED BY: A RESOLUTION ESTABLISHING THE DIVERSITY AND INCLUSION COALITION, ITS PURPOSE AND APPOINTMENT OF MEMBERS WHEREAS, the City of Fairview Park wishes to better understand the topic of racism as it pertains to our community; and WHEREAS, Diversity and Inclusion Coalition will allow Council and the Administration to receive recommendations on issues which promote diversity and inclusion in the City of Fairview Park; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. The Diversity and Inclusion Coalition is hereby created to promote diversity and inclusion in the City of Fairview Park. SECTION 2. The Diversity and Inclusion Coalition shall be composed of nine City of Fairview Park residents, five of whom shall be appointed by the Council and four of whom shall be appointed by the Mayor. The appointees shall serve a two-year term, are eligible for reappointment and may select a chairperson from among them. The administration shall appoint a staff member for purposes of creating public notices, keeping minutes and performing other clerical duties to staff the coalition. SECTION 3. Residents requesting appointment to the coalition shall submit an application to the Clerk of Council and thereafter the administration and council shall coordinate interviews of the prospective appointees. SECTION 4. The coalition shall meet once a month for the first 6 months and thereafter as the members of the coalition deem necessary. SECTION 5. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 6. That this resolution is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare and provided it receives the affirmative of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. Resolution Page 1

7 PASSED: 1 st reading: APPROVED: 2 nd reading: 3 rd reading: Michael P. Kilbane, President of Council Patrick J. Cooney, Mayor Liz L. Westbrooks, Clerk of Council Resolution Page 2

8 CITY OF FAIRVIEW PARK ORDINANCE NO REQUESTED BY: MAYOR PATRICK J. COONEY SPONSORED BY: COUNCILWOMEN KING and WERING AN ORDINANCE REQUESTING THAT THE CUYAHOGA COUNTY FISCAL OFFICER CERTIFY CERTAIN INFORMATION TO THE CITY OF FAIRVIEW PARK RELATIVE TO THE RENEWAL OF THE ONE (1) MILL FIRE TAX LEVY PROVIDING FOR A RENEWAL OF A TAX FOR THE BENEFIT OF THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, EMPLOYER'S CONTRIBUTION REQUIRED UNDER SECTION OF THE REVISED CODE, PURCHASING AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR OTHER EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH ONE DOLLAR OF VALUATION, WHICH AMOUNTS TO 10 CENTS FOR EACH ONE HUNDRED DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2021, FIRST DUE IN CALENDAR YEAR 2022, TO BE PLACED ON THE MAY 4, 2021 BALLOT AND DECLARING AN EMERGENCY WHEREAS, Ohio Revised Code Section requires that when a taxing authority determines that it is necessary to levy a tax outside the ten (10) mill limitation for any purpose authorized by the Ohio Revised Code, prior to the certification to the Cuyahoga County Board of Elections of its Resolution to submit the question of levying a tax outside the ten-mill limitation to the electors of the City of Fairview Park, and the City shall certify this legislation to the County Fiscal Officer (auditor) requesting that the County Fiscal Officer certify to the City the total current valuation of the City and the dollar amount of revenue that would be generated by the specified number of mills; and WHEREAS, the levy is a renewal of the current levy for the fire department, necessary to fund current operating expenses, including salary and pension payments pursuant to the Ohio Revised Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the current amount of the taxes which may be raised within the ten (10) mill limitation by levies on the current tax duplicate will be insufficient to provide an adequate amount for the necessary requirement of the City of Fairview Park. SECTION 2. That it is necessary to continue the fire levy in excess of said ten (10) mill limitation of one (1) mill upon the taxable property of the City for the tax levy years 2021 to 2025, both inclusive, to be collected in Years 2022 to 2026, both inclusive, said tax being a renewal of a current levy which will expire on December 31, 2020, to fund current operating expenses of the Fairview Park Fire Department, to pay for items including current expenses, firefighter salaries and benefits including the required employer s contribution to the firefighter s disability and Ordinance Page 1

9 pension fund, pursuant to Article VIII of the Charter of the City of Fairview Park, and Sections and (I) of the Ohio Revised Code. SECTION 3. That upon passage of the levy renewal Resolution by Council, the question of such renewal tax levy shall be submitted to the electors of the City at the Primary Election to be held on Tuesday, May 4, SECTION 4. That this Council hereby requests the County Fiscal Officer (auditor) certify to the City of Fairview Park and the dollar amount of the revenue that will be generated by the one (1) mill renewal tax levy. SECTION 5. That the Clerk of Council is hereby authorized and directed to certify this Ordinance to the County Fiscal Officer (auditor) of Cuyahoga County, requesting the County Fiscal Officer to certify to the City of Fairview Park the total current tax valuation of the City of Fairview Park and the dollar amount of revenue that will be generated by the one (1) mill renewal tax levy. SECTION 6. It is found and determined that all formal actions of this council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 7. That this ordinance is hereby declared to be an emergency measure, necessary for the preservation of the public peace, health, safety and welfare; and so that information can be obtained from the county immediately, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1 st reading: APPROVED: 2 nd reading: rd reading: Michael P. Kilbane, President of Council Patrick J. Cooney, Mayor Liz L. Westbrooks, Clerk of Council Ordinance Page 2

10 CITY OF FAIRVIEW PARK RESOLUTION NO REQUESTED BY: MAYOR PATRICK J. COONEY SPONSORED BY: COUNCILWOMEN KING and WERING A RESOLUTION SUBMITTING TO THE VOTERS THE QUESTION OF A RENEWAL OF A TAX FOR THE BENEFIT OF THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, EMPLOYER'S CONTRIBUTION REQUIRED UNDER SECTION OF THE REVISED CODE, PURCHASING AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR OTHER EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH ONE DOLLAR OF VALUATION, WHICH AMOUNTS TO 10 CENTS FOR EACH ONE HUNDRED DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2021, FIRST DUE IN CALENDAR YEAR 2022 AND DECLARING AN EMERGENCY WHEREAS, Resolution declared the necessity of a one (1) mill levy for current expenses for the operation of the City s Fire Department for a period of five (5) years, which was renewed by Resolution 06-05, Amended, for another five years, which was then renewed by Resolution 11-15, for another five years; which was then renewed by Resolution for another five years; and WHEREAS, after voter approval of said levy, the proceeds of such levy have, since its inception in 1996 and renewal in 2006, 2011, and 2015 been used to pay, among other things, current expenses, including firefighter salaries and benefits, including the employer s contribution to the firefighters disability and pension fund; and WHEREAS, the Fire Levy originally authorized by Resolution and passed November 5, 1996, renewed by Resolution 06-05, Amended, and passed May 2, 2006, and renewed again by Resolution 11-15, and passed November 8, 2011, and renewed again by Resolution 15-26, passed November 16, 2015 and will expire on December 31, 2020; and WHEREAS, Council finds it necessary to renew the one (1) mill levy in accordance with Sections and of the Ohio Revised Code and the Charter of the City of Fairview Park in order to maintain the revenue without interruption. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That it is hereby found, determined and declared that the amount of taxes which may be raised by the City of Fairview Park by levies at the maximum rates within the ten mill limitation and the Charter tax limitation on the current tax list and requirements of this City will be insufficient to meet the needs of the Fire Department when the one (1) mill levy approved pursuant to Resolution expires on December 31, 2020, and it is necessary to renew said levy for the purpose of continuing to provide and maintain fire apparatus, appliances, buildings, or sites therefor, or sources of water supply and materials therefor, or the establishment and maintenance Resolution Page 1

11 of lines of fire alarm telegraph, or the payment of permanent, part-time, or volunteer fire fighters or fire-fighting companies to operate the same, including the payment of the firemen employer s contribution including the employer s contribution required under ORC Section , or to purchase ambulance equipment, or to provide ambulance, paramedic, or other emergency medical services operated by the fire department or firefighting company at the rate of one (1) mill for a period of five (5) years. SECTION 2. That the question of renewing the current one (1) mill levy upon the tax list and duplicate for five years, beginning with the 2021 tax list and duplicate and with the first distribution of the proceeds of said levy to this City in the calendar year 2022, for the purpose set forth in section 1 hereof under provisions of Article VIII, of the Charter of the City of Fairview Park, entitled Finance, Section 9 entitled Submission of Extra Levy shall be submitted to the electors of the City of Fairview Park at the municipal election to be held therein on the 4 th day of May 2021, as authorized by law, and said election shall be held at the regular places of voting in said City as established by the Board of Elections of Cuyahoga County, Ohio, or otherwise, within the times provided by law and shall be conducted, canvassed and certified in the manner prescribed by law. SECTION 3. That the form of ballot to be case at such election on the question of such tax levy shall be as follows: Resolution Page 2 PROPOSED TAX LEVY (RENEWAL) CITY OF FAIRVIEW PARK A majority affirmative vote is necessary for passage. A renewal of a tax for the benefit of the City of Fairview Park for the purpose of providing and maintaining fire apparatus, buildings, payment of firefighters salaries, employer's contribution required under Section of the Revised Code, purchasing ambulance equipment, for providing ambulance, paramedic or other emergency medical services at a rate not exceeding 1 mill for each one dollar of valuation, which amounts to 10 cents for each one hundred dollars of valuation, for five years, commencing in 2021, first due in calendar year FOR THE TAX LEVY AGAINST THE TAX LEVY SECTION 4. That the Clerk of Council is hereby authorized and directed to request that notice of said election be given as provided by law. SECTION 5. That the Clerk of Council is hereby directed to certify immediately a copy of this Resolution to the Board of Elections of Cuyahoga County, Ohio. SECTION 6. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.

12 SECTION 7. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare, and for the further reason that it is necessary to submit this information to the Board of Elections in a timely manner, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: 1 st reading: APPROVED: 2 nd reading: rd reading: Michael P. Kilbane, President of Council Patrick J. Cooney, Mayor Liz L. Westbrooks, Clerk of Council Resolution Page 3

13 CITY OF FAIRVIEW PARK ORDINANCE NO REQUESTED BY: MAYOR PATRICK J. COONEY SPONSORED BY: COUNCILWOMAN KING AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CUYAHOGA COUNTY BOARD OF HEALTH FOR HEALTH SERVICES FOR THE YEAR 2021 AND DECLARING AN EMERGENCY WHEREAS, Chapter 3709 of the Ohio Revised Code mandates that all Ohio municipalities must provide health services either through a city health district or by a valid contract with the county health district; and WHEREAS, in the past, the City of Fairview Park has contracted for such services with Cuyahoga County Board of Health; and WHEREAS, the District Advisory Council of the Cuyahoga County General Health District authorized the Chairman of the District Advisory Council to enter into a contract with the City of Fairview Park to provide such services for the year NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. The Mayor is hereby authorized to enter into a contract with the Cuyahoga County Board of Health for public health services for the year 2021 (attached as Exhibit A). The cost will not exceed Ninety-One Thousand, Seven Hundred Two Dollars ($91,702.00) for calendar year 2021 to be deducted from the City s taxes by the County Fiscal Officer, and will be charged to the General Fund, Public Health line item ( ). The City shall pay the sum stated herein in equal, semi-annual installments of Forty-Five Thousand, Eight Hundred Fifty-One Dollars ($45,851.00) from the regular property tax settlement to be made for the City for calendar year SECTION 2. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 3. That this resolution is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare and provide for necessary health services for the year 2021, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. Ordinance Page 1

14 PASSED: 1 st reading: APPROVED: 2 nd reading: 3 rd reading: Michael P. Kilbane, President of Council Patrick J. Cooney, Mayor Liz L. Westbrooks, Clerk of Council Ordinance Page 2

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