Documenters: Aurora City Council meeting for Feb. 15, 2023

Aurora City Council meets on Feb. 13, 2023. Lee Lundblad/The Portager

Documented by Lee Lundblad

Listen to the meeting here:

City of Aurora 

City Council – Committee of the Whole

City Council – Regular Council Meeting

Monday, Feb. 13, 2023

6:15 p.m.

7 p.m.

Aurora City Hall

Council Chambers

130 S. Chillicothe Rd.

Aurora, OH 44202

In attendance

Committee of the Whole

Regular Council Meeting

  • Brad Duguay, Ward 1
  • Dennis Kovach, Ward 2
  • Reva Barner, Ward 3
  • George Horvat, Ward 4, Council President
  • Sarah Grdina Gilmore, Ward 5
  • Harold Hatridge, Ward 6
  • John Kudley, Jr., At Large
  • Peter French, At Large
  • Scott Wolf, At Large
  • Marie Lawrie, Clerk of Council
  • Ann Womer Benjamin, Mayor
  • Dean DePiero, Law Director
  • Harry Stark, Director of Public Services
  • Laura Holman, Director of Parks and Recreation
  • Tim Clymer, Finance Director
  • Brian Byard, Police Chief
  • Matthew McBirney, Acting Fire Chief

Documenter Summary

Committee of the Whole

The committee worked quickly through its agenda of reviewing new business items and agreeing to pass all to the regular council meeting being held at 7 p.m. 

Documenter Notes

Committee of the Whole

The meeting opened at 6:15 p.m. with the clerk of council completing a roll call. All were present.

A motion was made and seconded to accept the minutes of the last meeting. Motion passed.

Finance Director’s Report

FD Tim Clymer reported to council that Aurora ended the year with 131% of receipts and had spent 92% of the budget. Aurora ended the year with approximately $15 million in the general fund.

A motion was made to accept the finance director’s report. It was seconded and unanimously passed.

New Business Items

  • (a) Revised Salary Ranges included revised salary schedule. Motion to move to second reading; seconded and passed
  • (b and c) Employees Generally Part A and Employees Generally Part B Mayor Womer Benjamin explained to council these items were to make salary changes for one part-time employee moving to full time, and two other adjustments she made upon reflection. Further, these items were to add a part-time sports monitor position and an adjustment for an employee moving from a Service Tech II to a Service Tech I position. Both items were motioned to move to regular council meeting; seconded and passed.
  • (d) Amendment of Ordinance No. 2022-184 Price Adjustment for Upfit of (3) Ford Explorer Police Vehicles Police Chief Brian Byard explained to council that this amendment is to cover a price increase of $1,719 on a previous estimate. Motion was made to move to regular council meeting; seconded and passed.
  • (e) Purchase of (3) 2023 Chevrolet Tahoes for the Police Department Byard indicated these three vehicles would be purchased from a Ganley dealership and would replace three existing police vehicles. Aurora received the government discount as well as trade-in values for the amount of $110,935. Motion was made to move to regular council meeting; seconded and passed.
  • (f) Purchase of equipment and installation for (3) 2023 Chevrolet Tahoes for the Police Department Byard indicated the price was $45,873.98 to outfit the three vehicles purchased from Ganley. Motion was made to move to regular council meeting; seconded and passed.
  • (g) Purchase of GapVax Combination Jet/Vacuum Machine for the Service Department Director of Public Services Harry Stark explained to council that this machine would replace the existing 2007 truck, which was at the end of its life several years ago and has been experiencing frequent breakdowns. The amount of the new machine is $522,437 and will be used by the sewer department for flushing lines, assisting with water-main breaks and general sanitary uses for Aurora’s sewers. It was decided that the old truck would not be traded in but kept and sold at a later date. Motion was made to move to regular council meeting; seconded and passed.
  • (h) Purchase of 2023 Chevrolet Equinox for the Service Department Stark explained to council that the cost of this vehicle would be $28,755 after government pricing. Motion was made to move to regular council meeting; seconded and passed.
  • (i) Purchase of 2022 Chevrolet Silverado 2500HD to replace a Ford F-600 for the Service Department Stark indicated the price of this vehicle would be $59,349, which is replacing the previously authorized purchase (2023-05) of the Ford F-600 that is no longer available. Motion was made to move to regular council meeting; seconded and passed.
  • (j) Contract with John Kelleher Company for a Backflow Prevention Program in the Hawthorn subdivision Stark told council the contract would not exceed $250,000 and complements the Master Plan to assist homeowners in the area who have opted into the program. Motion was made to move to regular council meeting; seconded and passed.
  • (k) Purchase of a 2023 Chevrolet 3500HD with Aluminum Flatbed for the Parks and Recreation Department Director of Parks and Recreation Laura Holman explained to council that this item will replace the 1997 truck and hold the water tank, which has a 500-gallon capacity. After trade-in and government pricing, the cost for the vehicle is $57,736. Motion was made to move to regular council meeting; seconded and passed.
  • (l) Purchase of a 2022 Ford F-250 for the Parks and Recreation Department Holman indicated that this vehicle was located at Liberty Ford for $47,540, which includes government pricing. It is replacing the department’s 2008 F350, which was not traded in but would be held and sold at a later date. Motion was made to move to regular council meeting; seconded and passed.
  • (m) Proposal of Marshall Power Equipment for a 2023 Mahindra 2660 Utility Tractor for the Parks and Recreation Department Holman explained that this vehicle would be used daily for mowing, tilling, carrying mulch, and general landscaping work. This item will replace the current 2000 tractor, which had been transferred over to the service department. She indicated, “You have several quotes in your packet.” Motion was made to move to regular council meeting; seconded and passed.
  • (n) Contract with American Fireworks for the 2023 Fourth of July Display This year, Holman indicated that Aurora issued RFPs (Request for Proposals), and only one vendor (American Fireworks) returned a quote. The quote of $26,000 is an increase from previous years. Motion was made to move to regular council meeting; seconded and passed.
  • (o) Appropriation of additional funds for the Window Replacement at City Hall Stark requested a supplement of $8,864, which will cover the increased cost of labor and supplies for the window project. Motion was made to move to regular council meeting; seconded and passed.
  • (p) Proposal for Planting Trees in Hawthorn Phase 5 and Renaissance Park Phase 1 by The Greenleaf Group Committee Chair John Kudley moved to remove this item from the agenda. It was seconded and passed.
  • (q) Application for a Clean Ohio Trail Fund grant for financial assistance with the Aurora Trail along the FirstEnergy ROW (Right of Way) Holman introduced a resolution which would start the application process to receive a possible maximum grant of $500,000. This would cover the trail in the area of Chamberlain Road to state Route 82. Motion was made to move to regular council meeting for its first reading; seconded and passed.
  • (r) Purchase of a 2023 Horton Ambulance for the Fire Department Acting Fire Chief Matthew McBirney indicated that the cost for the new ambulance was $315,034. Through a government bid, $300,000 would be covered, and the balance would be for accessories not covered under the government bid. Previously, the wait time for delivery on an ambulance was approximately one year. Now, the delivery estimate is between 735 and 760 days. Tonight, because of the lengthy wait for delivery, the fire department is looking for action from council after the second reading. McBirney added that two of the three ambulances currently owned by Aurora have 90,000-100,000 miles. Motion was made to move to regular council meeting for its first reading; seconded and passed. 
  • (s) Job Description for a Full-Time Community Events Coordinator This item was added by Kudley. Motion was made to move to regular council meeting; seconded and passed. 

A motion was made and seconded for adjournment, which passed unanimously. 

Documenter Notes

Regular City Council Meeting

Meeting was called to order at 7 p.m. by Council President George Horvat. The Pledge of Allegiance was recited by all, followed by roll call by Clerk of Council Marie Lawrie. All were present.

Horvat asked if there were any reconsiderations of prior actions. Seeing none, he asked for a motion to approve. Motion was made, seconded and passed.

Horvat requested a motion to approve the minutes of the meeting of Jan. 23. Motion was made and seconded. Motion passed.

A motion was made to amend the order of tonight’s agenda, moving Resolution 2023-019 (confirmation of the mayor’s appointment of fire chief) to the next item of business due to the amount of family, colleagues and members of the community present to witness the swearing in. Motion seconded and passed.

Resolution 2023-019 from Mayor, French & Kovach

A resolution confirming the mayor’s appointment of Matthew McBirney as fire chief for a term ending Dec. 31, 2025 and declaring an emergency to ensure the continuity of the Division of Fire & EMS in accordance with Section 8.03 of the Charter of the City of Aurora. Motion made and seconded to suspend; motion passed. Motion made and seconded to approve; motion passed. Womer Benjamin then took her place next to McBirney and performed the swearing-in ceremony. McBirney’s wife, Ruby, pinned his fire chief badge to his lapel. 

Motion made by Horvat for council to move into executive session. Motion was seconded and passed. Council moved into executive session at 7:05 p.m.

Motion requested for the council to resume the session. Motion was made, seconded and passed. Council resumed at 7:30 p.m.

Mayor’s Report

Womer Benjamin recapped her activities over the last two weeks:

  • Attended Governor Mike DeWine’s State of the State address as a guest of State Representative Gail Pavliga
  • Met with Aurora City School Board president and vice president
  • Met with members of the Aurora Schools Foundation
  • Swore in rec advisory committee member A.J. Sobodosh
  • Attended a Leadership Portage County event in Kent
  • Completed the search process for fire chief 

Womer Benjamin also reminded council about the State of the City luncheon to be held this [past]  Wednesday at the Bertram Inn and Conference Center. She hopes to see everyone there.

Finally, she wanted council to know that she just received an anonymous letter regarding the parking legislation that is pending. It is clear from the letter that many people are not up to date on the multiple changes to this piece of legislation. She wanted to reassure the writer and the community that Law Director Dean DePiero and council are working to find the most appropriate, clear language for the ordinance and to reach a happy medium.

Horvat asked if there were any questions for the mayor and, seeing none, requested a motion to accept her report. Motion was made, seconded and passed.

Law Director’s Report

Law Director Dean DePiero updated council on two recent pieces of litigation. DePiero also requested that Ordinance 2023-04 (“Prohibited Standing or Parking Places”), which is slated for its third reading tonight, be “put on hold” in order to fully review this proposed piece of legislation and to make sure the ordinance doesn’t create unintended consequences for Aurora’s residents. He appreciates all of the input he is receiving and looks forward to tightening up the language and making it clearer. DePiero also told council that he would appreciate its support tonight on Ordinance 2023-021 (see Legislation section below).

Horvat asked if there were any questions for the law director and, seeing none, requested a motion to accept his report. Motion was made, seconded and passed.

Council President’s Report

Horvat asked council to support a motion to amend the meeting agenda by adding ordinances 2023-022 through 2023-03 discussed earlier at the Committee of the Whole meeting. Motion was seconded and passed. He asked for a motion to add the three additional ordinances (2023-040, 041 and 042) from tonight’s executive session. Motion was made, seconded and passed.

Citizens’ Comments – Legislation

Resident Todd Morgan commented on Ordinance 2023-004. He told council that he does not agree with this ordinance. He has a corner lot, and sometimes the police will park on his side lot to monitor speeders. He needs to be able to use his lot for parking because when he parks in the street, he usually blocks his neighbors’ mailboxes or has to park in front of stop signs. In the past, his car has been sideswiped while parked on the street. This is an unneeded piece of legislation, and it needs clearer language.

Resident Gary C. commented on Ordinance 2023-004. He told council that he understands the ordinance is currently under revision, but he wants to point out how unclear the language is. 2023-004 uses the word “vehicle” often and under Ohio law, a vehicle could mean a bicycle or even a wagon. Does this mean citations will be issued for kids’ toys? He asked council to think about residents installing many cement pads (in order to park vehicles) and wondered had council thought about the water run-off effect this would cause? He urged council to take all the time needed to get the language right. Right now, it’s just too broad; clarify everything.

Resident Debbie Rudy-Lack commented on Ordinance 2023-004. She is urging council to arrive at proper wording for this legislation. She lives in Chatham Estates, which is an Aurora subdivision, and she has less than one acre. She can only speak about this area – she is unaware of what is happening in the Geauga Lake area. She indicated that throughout Chatham Estates, people are parking wherever they want: front lawns, side lawns, often double parking. It is a horrible look, and that is not what she wants for her area. She asks that Law Director DePiero work toward a resolution so that some people aren’t caught in the ordinance and that would also assist her and her neighbors.

Council Remarks – Legislation

Council Member At Large Scott Wolf agreed with the residents that clear definitions of “side yard” as well as “front yard” are necessary. Usually, your “front yard” is the way your house faces. Please rest assured that we will get the language right, and there will be more on this ordinance in the future.

Council Member Reva Barner appreciates the opinions from the residents and realizes there is fine-tuning that is needed for this ordinance. She assured the residents that council will do its due diligence.

Council Member Brad Duguay thanked the residents for their input. He reassured everyone that he will continue to be available to hear anyone on this topic, especially those who reside in Ward 1.

Legislation

Ord. 2023-004 (from the Committee of the Whole)
An ordinance amending Section 351.03 “Prohibited Standing or Parking Places” of Aurora’s codified ordinances to clarify parking restrictions on a residential lot under one acre in size and declaring an emergency in order to implement the new codified section as soon as possible. Motion to postpone the reading. Seconded and passed.

Ord. 2023-009 (from the Committee of the Whole)
Third Reading: An ordinance authorizing the annual renewal of the city’s Microsoft 365 subscription in an amount not to exceed $30,240, taking the necessary funds from the Capital Improvement Fund (60) and declaring an emergency, as the city uses Microsoft 365 for its main computer software programs. Moved to adopt, seconded and passed.

Ord. 2023-010 (from the Committee of the Whole)
Second Reading: An ordinance accepting for dedication the roadway, and water and sanitary sewer lines located in the right-of-way for Beljon Lane, William Court and Scarlett Lane for Phases 2 and 3 of the Preserve at Beljon Farms subdivision. Moved on to third reading.

Ord. 2023-017 (from the Committee of the Whole)
Second Reading: An ordinance approving five-year depository agreements with BMO Harris Bank, Fifth Third Bank, First National Bank of Pennsylvania, Huntington National Bank, JP Morgan Chase Bank, TriState Capital Bank, US Bank and Westfield Bank as authorized recipients of public deposits by the City of Aurora for the period of Jan. 1, 2023 through Dec. 21, 2027 and declaring an emergency to ensure the city’s banking needs are promptly handled. Moved on to third reading.

Ord. 2023-020 (from the Planning Commission)
First Reading: An ordinance approving a Conditional Zoning Certificate for a comparable use for the property located in the Greens of Aurora, east side of North Chillicothe Road across from Barrington Plaza, in a C-2 Zoning District. Moved on to second reading.

Ord. 2023-021 (from Mayor, Horvat & Wolf)
First Reading: An ordinance declaring a temporary moratorium, not to exceed 12 months, on the submission and acceptance of applications and the issuance of permits for vape shops, e-cigarette shops, smoke shops, tobacco shops, and shops that sell any product containing CBD, cannabidiol oils or edibles and declaring an emergency. Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Added Legislation from the Committee of the Whole
Ord. 2023-022 2023 Revised Salary Ranges – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-023 Employees Generally Part A – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-024 Employees Generally Part B – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-025 Amend Ord. 2022-184 – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-026 Purchase (3) Chevrolet Tahoes-PD – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-027 Purchase & Install Equipment for (3) Chev. Tahoes-PD – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-028 Purchase GapVax Combination Jet/Vacuum Machine – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-029 Purchase 2023 Chevrolet Equinox for Service Dept. – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-030 Purchase 2022 Chevrolet Silverado 2500 HD for Service Dept. – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-031 Contract with the John Kelleher Company – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-032 Purchase 2023 Chevrolet Silverado 3500HD for Parks & Rec Dept. – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-033 Purchase 2022 Ford F-250 for Parks & Rec Dept. – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-034 Purchase 2023 Mahindra 2660 Utility Tractor – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-035 Contract with American Fireworks for 4th of July – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-036 Additional funds for City Hall Window Replacements – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-037 Application for grant funds for Aurora Trail – Move on to second reading.

Ord. 2023-038 Purchase 2023 Horton Ambulance – Move on to second reading.

Ord. 2023-039 Job Description for Full-Time Community Events Coordinator – Motion to suspend the rules. Motion seconded and passed. Motion to adopt ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-040 – Authorizes the mayor to enter into purchase agreement with Haynes Property LLC for 10 S. Chillicothe Rd. for $495,000 plus closing costs; funds to be taken from Operating Fund #52. Womer Benjamin provided some background for this ordinance. This property sits at the cross section of routes 82 and 306. This site is known as the gateway to our historic district. It is a prominent corner in town, and there was some concern that a gas station or other non-historical building/business would be put in there or the building razed. There has been public interest in purchasing the property at a reasonable price, and it is consistent with Aurora’s Master Plan (promoting historic preservation). It would be used by a tenant that the city would search for. Motion made to suspend the rules. Motion seconded and passed. Motion to adopt the ordinance. Motion seconded and passed via roll call. Ordinance adopted.

Ord. 2023-041 – Authorizes the mayor to enter into a purchase agreement with Jessica and Thomas Oros to purchase 123 E. Pioneer Trl. for $345,000 plus closing costs not to exceed $7,000 and to appropriate such funds from Operating Fund #52. Motion made to suspend the rules. Motion seconded and passed. Motion to adopt the ordinance. Motion seconded and passed via roll call. Ordinance adopted. Womer Benjamin noted that this property is right next to Memorial Library. This property came up for sale about a week ago, and it is a critical piece for possible expansion of Memorial Library. This is not something that would be done immediately but as a plan for the future. Most likely, the current building on the property would be razed.

Ord. 2023-042 – Authorizes the appropriation of $150,000 from General Fund #1 and further authorizes the transfer of funds from General Fund #1 to City Operating Fund #52 and declaring an emergency to ensure that the necessary funds are available for property purchases. Motion made to suspend the rules. Motion seconded and passed. Motion to adopt the ordinance. Womer Benjamin wanted everyone to know that there is a Land Acquisition Fund which has been built up through the sale of various lots over the last couple of years. This year’s budget also added to that fund. But, for the recent purchases, more funds were needed and that is the reason for this transfer. Motion passed via roll call. Ordinance adopted.

Citizens’ Comments – General
None.

Council Member & Committee Remarks
Council Member Barner expressed her appreciation to Harry Stark and the service department for the nice job that was done on the roads during the last snowstorm. She also has heard from many residents about how nice the holiday decorations were this year.

Council Member Hatridge expressed his appreciation for the holiday decorations. He noted that they were really nice this year, as are the new lamp posts. 

Motion made to adjourn, which was seconded and passed via roll call.

Lee Lundblad
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