City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM FEBRUARY 6, 2012 ROLL CALL: All Council Mem bers Present M OTION TO EXCUSE M EM BERS: President Allen Schulm an Absent INVOCATION: Mary Cirelli, Council-at-Large PLEDGE OF ALLEGIANCE: President Pro Tem David Dougherty AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#8 - O#16; RE#14 Divided, Ivan Redinger, Jr - Adopted & Tim othy W edekam m - Defeated; O#23 Adopted as Am ended; O#26 Postponed until 2/27/12) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues from Public Speaks PUBLIC SPEAKS (CITY BUSINESS): Toby Franks re: Discussed the studies that he prepared regarding cats vs. birds; Steven Silver re: Asked the City to look at an alternative ways to deal with stray or feral cats. Hopes that the City doesn’t repeat the sam e policy as last year; Sharon Garrett re: Relayed that she is in support of the City’s Anim al Control Ordinance; Joe Thom pson re: Expressed his dism ay with the changing of his polling location; Jill Kirsch re: Explained the life span of feral cats and the need for spay/neuter; Karen Kirsch re: Stated that she opposes the renewal of the Anim al Control Officer’s contract and discussed alternatives; Leroy Lynch re: Discussed his retirem ent from the City and feels that he was treated unfairly as a deaf em ployee; Joy W agner re: Discussed wildlife and hotline out of Franklin County. Also urged everyone to attend workshop on TNR on March 10, 2012; Dana Ray re: Discussed the research she did on the feral cats vs. birds; Kathryn Ram sey re: Discussed feral cats and the noises they m ake that keep her awake at night. Relayed that she is in support of the Anim al Control Officer; Vicki Boatright re: Advocated for anim als and opposed the renewal of the Anim al Control Officer; Jam es Parker re: Thanked Derek Gordon for the published acknowledgm ent. Also discussed pennants at Central Plaza; Peggy Easterling re: Objects to the trap, neuter, release program and applauds the job that Phil Sedlacko does as Canton’s Anim al Control Officer; Pete DiGiacom o re: Discussed Ordinance #11 on the Agenda and his feeling that this Ordinance will not solve the problem of crim inals with guns; Mike Rukavina re: Expressed his frustration regarding his rentals being broken into and vandalized; Veronica Dickey re: Relayed that the outdoors is the natural habitat for feral cats. Discussed TNR; Denise Doyle re: Relayed that she feels that TNR program s are successful. Also asked why Mr. Sedlacko is awarded the position of Anim al Control Officer year after year. INFORM AL RESOLUTIONS: 11. COUNCIL AS A W HOLE: COMMENDING CHIEF DEAN MCKIMM ON HIS RETIREMENT. - ADOPTED 12. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF TERRY PRATER TO BOARD OF ZONING APPEALS FROM 1/14/12 - 12/31/14. - ADOPTED 13. PERSONNEL COMMITTEE: REQ CONFIRMATION OF RE-APPTS OF JACK BOLENDER, JR & DAW N DEVINE TO INVESTMENT BOARD RETRO 1/1/12 - 12/31/13. - ADOPTED 14. PERSONNEL COMMITTEE: REQ CONFIRMATION OF RE-APPT OF IVAN REDINGER, JR & TIMOTHY W EDEKAMM TO FAIR HOUSING COMMISSION FROM 2/1/12 - 1/31/17. - IVAN REDINGER, JR - ADOPTED & TIMOTHY W EDEKAMM - DEFEATED 15. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF RYAN BRAHLER TO CANTON CONSTRUCTION BD FROM 2/1/12 - 1/31/15. - ADOPTED COM M UNICATIONS: 67. AUDITOR MALLONN: MONTHLY RPT BY FUND FOR 1/1/12 - 1/31/12. - RECEIVED & FILED 68. AUDITOR MALLONN: YEARLY RPT BY FUND FOR 1/1/12 - 1/31/12. - RECEIVED & FILED 69. COMM DEV DIRECTOR MILLER: AUTHORIZE DEPT OF DEV TO ENTER INTO CONTRACT W /FREED HOUSING CORP IN AMT NOT TO EXCEED $100,000.00 IN HOME FUNDS TO PROVIDE GRANT FOR TENANT BASED RENTAL ASST PROG TO BENEFIT LOW TO MODERATE INCOME INDIVIDUALS & FAMILIES IN CITY W HO HAVE BEEN HOMELESS & ARE MAKING TRANSITION FROM SHELTERS TO PERMANENT HOUSING. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 70. DOUGHERTY, D, W ARD 6 CNCLMBR & W EST, T, W ARD 2 CNCLMBER: REQ LAW DEPT RESEARCH THE POSSIBILITY OF THE BD OF ZONING APPEALS COME BEFORE COUNCIL W /THEIR ZONING ISSUES. - JUDICIARY COMMITTEE 71. LIQUOR CONTROL DIVISION (OHIO): REQ D5 LIQ PERMIT TRANSFER FROM MJB ENTERTAINMENT LLC DBA SHIELD TAVERN 1 ST FLOOR & BSMT TO TASSELS PUB LLC DBA TASSELS PUB @ 1153 MCKINLEY AVE SW . - RECEIVED & FILED CANTON CITY COUNCIL AGENDA - PAGE 2 - FEBRUARY 6, 2012 COM M UNICATIONS CONTINUED: 72. MAYOR HEALY: AUTHORIZE RE-APPT OF JAMES REINHARD & CHET W ARREN TO STARK AREA REGIONAL TRANSIT AUTHORITY FROM 4/1/12 - 3/31/15. - PERSONNEL COMMITTEE 73. SAFETY DIRECTOR REAM: AUTHORIZE TO ENTER INTO LEASE AGMT W /VXI GLOBAL SOLUTIONS FOR PURPOSE OF UTILIZING 60 CITY OW NED PARKING SPACES AT THE MILLENNIUM PARKING GARAGE COMMENCING 3/1/12 - 2/28/13 FOR $23.00 PER PARKING SPACE PER MONTH. - FINANCE COMMITTEE 74. SAFETY DIRECTOR REAM: REQ TO AMEND O#200/2011 ALLOW ING SAF DIR TO ACCEPT ADDT’L $49,600.00 TO TOTAL $99,200.00 FROM 2011 EDW ARD BYRNE MEMORIAL JUSTICE ASST GRANT ON BEHALF OF CCPD; REQ APPROP OF $99,200.00. - FINANCE COMMITTEE 75. SERVICE DIRECTOR PRICE: REQ TO ENTER INTO CONTRACT W /CTI ENGINEERS, INC FOR ENGINEERING SVCS DURING BIDDING & OVERSIGHT SVCS DURING CONSTRUCTION FOR 12" W ATER DISTRIBUTION MAIN ALONG HARRISBURG RD; ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR CONSTRUCTION OF W ATER MAIN REPLACEMENT; ACCEPT OPW C GRANT FUNDS IN AMT OF $477,300.00; ACCEPT OPW C ZERO PERCENT LOAN FUNDS FOR A TERM OF 10 YRS IN AMT OF $167,700.00; CREATE SEPARATE FUND FOR HARRISBURG W ATER MAIN REPLACEMENT PROJ & APPROP THE TOTAL OPW C FUNDING AMT OF $645,000.00; MAKE $81,535.00 SUPP APPROP. - FINANCE & ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEES 76. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY INS FOR AMBULANCE LOCK BOX FOR JANUARY 2012. - RECEIVED & FILED 77. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR JANUARY 2012. - RECEIVED & FILED 78. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING INVESTMENTS AS OF 1/31/12. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (DR. DOMINGO - 3120 PARKW AY AVENUE NW FROM PB-1 (PLANNED OFFICE DISTRICT) TO PB-3 (PLANNED GENERAL BUSINESS) PUB HRG 2/27/12 @ 7:30 P.M . Referred to Judiciary Com m ittee 1 ST RDG 2. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (SCHOOLHOUSE FINANCE LLC - 1500 & 1530 SUPERIOR AVE NE FROM R-1A (SINGLE FAMILY RESIDENTIAL) TO PCS (PLANNED COMMUNITY SERVICE) Referred to Judiciary Com m ittee PUB HRG 2/27/12 @ 7:31 P.M . 1 ST RDG 3. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (LEHMAN - 1120 15 TH ST NW FROM R-1A (SINGLE FAMILY RESIDENTIAL) TO PCS (PLANNED COMMUNITY SERVICE) PUB HRG 2/27/12 @ 7:32 P.M . Referred to Judiciary Com m ittee 1 ST RDG 4. AMEND APPROP O#220/2011 BY MAKING VARIOUS SUPP APPROPS; EMERGENCY (TO OPERATE CITY EFFICIENTLY) Referred to Finance Com m ittee 1 ST RDG 5. AUTHORIZE CLERK OF COUNCIL TO CERTIFY TO COUNTY AUDITOR UNPAID & DELINQUENT CHARGES FOR REMOVAL OF NOXIOUS W EEDS & DEBRIS; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 6. AUTHORIZE MAYOR &/OR SERV DIR TO: ADVERTISE, REC BIDS, AW ARD & EXECUTE A CONSTRUCTION CONTRACT FOR THE W EST SIDE INTERCEPTOR SANITARY SEW ER REHAB PROJ, GP 1138; RECEIVE OPW C GRANT; AMEND EXISTING &/OR ENTER INTO NEW AGMTS W /STARK COUNTY & NORTH CANTON FOR CONSTRUCTION & REIMBURSEMENT OF THEIR COSTS ASSOCIATED W /THE W ORK; AUTHORIZE AUDITOR TO ESTABLISH 5443 W EST SIDE INTERCEPTOR SANITARY SEW ER REHAB PROJ, GP 1138; AMEND APPROP O#220/2011 ($2,000,000.00 & $1,160,000.00) Referred to Finance Com m ittee 1 ST RDG 7. AMEND APPROP O#220/2011 BY MAKING VARIOUS SUPP APPROPS; EMERGENCY (TO ENSURE THE ABILITY IF REQUIRED TO MAKE TERMINAL PAYMENTS TO THE EMPLOYEES INVOLVED IN THE ONGOING RETIRE/REHIRE INVESTIGATION) Referred to Finance Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - FEBRUARY 6, 2012 ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#8 - O#16) 2 ND RDG 8. AMEND APPROP O#220/2011 BY MAKING $495,000.00 SUPP APPROP FROM UNAPPROP BAL OF 2237 W ATER PARK FACILITY GRANT FUND TO 2237 506001 COMMUNITY DEVELOPMENT - OTHER; EMERGENCY (FIN) 2 ND RDG 9. AMEND APPROP O#220/2011 BY MAKING $60,357.94 SUPP APPROP FROM UNAPPROP BAL 2212 NEIGHBORHOOD STABILIZATION PROG FUND TO 2212 506009 STIMULUS - OTHER AND $45,807.04 SUPP APPROP FROM UNAPPROP BAL 2213 NEIGHBORHOOD STABILIZATION PROG 3 TO 2213 506001 COMM DEV - OTHER; EMERGENCY (C&ED) 2 ND RDG 10. AMEND APPROP O#220/2011 BY MAKING $8,884.17 APPROP REDUCTION FROM 2529 401060 SPECIAL PARK FUNDS - OTHER TO UNAPPROP BAL 2529 NEW HORIZON PARK FUND AND $2,000.00 APPROP REDUCTION FROM 2785 102000 POLICE - OTHER TO UNAPPROP BAL 2785 2010 LOCAL SOL BYRNE GRANT FUND; EMERGENCY (FIN) 2 ND RDG 11. ESTABLISHING AN ILLEGAL GUN INTERDICTION AND REDUCTION PROG; APPROP $35,000.00 TO POLICE DEPT; EMERGENCY (JUD & FIN) 2 ND RDG 12. AMEND APPROP O#220/2011 BY MAKING 23 APPROPS FOR HEALTH DEPT.; EMERGENCY (FIN) 2 ND RDG 13. AUTHORIZE COUNCIL TO ACCEPT A DONATION IN AMT OF $2,844.25 FROM W EST PARK NEIGHBORHOOD ASSOC FOR PURCHASE OF 2 SECURITY CAMERAS & ASSOCIATED EXPENSES RELATED TO INSTALLATION OF EQUIPMENT; AMEND APPROP O#220/2011 BY MAKING $2,844.25 SUPP APPROP FROM UNAPPROP BAL 2776 POLICE DONATION FUND TO 2776 10-20-00 POLICE - OTHER; EMERGENCY (FIN) 2 ND RDG 14. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMTS NOT TO EXCEED $8,320.00 TO MARSHALL LAND COMPANY; $5,282.00 TO COTTRILL W RECKING COMPANY AND $1,900.00 TO C.R.S. GENERAL CONTRACTING; EMERGENCY (FIN) 2 ND RDG 15. AUTHORIZE SERV DIR TO ENTER INTO PROF SVC CONTRACT FOR STOP-LOSS INSURANCE FOR CITY EMPLOYEES AND THEIR DEPENDENTS; EMERGENCY (FIN) 2 ND RDG 16. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /MUNICIPAL POOL, MANAGED BY OCHS, INC. FOR GROUP TERM LIFE & ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE COVERAGE FOR ELIGIBLE CITY EMPLOYEES; EMERGENCY (FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 2/2012 17. AMEND APPROP O#220/2011 BY MAKING $273,300.00 SUPP APPROP FROM UNAPPROP BAL 4510 2006 CONSTR/RECONSTR BOND FUND TO 4510 201001 SVC DIR ADMIN - OTHER; EMERGENCY 3/2012 18. RATIFYING THE INTERFUND TRANSFER FOR GRANT ADVANCE & TO REPAY GRANT ADVANCE; AMEND APPROP O#220/2011; EMERGENCY ($5,016.05) 4/2012 19. AUTHORIZE PARTICIPATION BY CITY IN THE US COMMUNITIES GOVERNMENT PURCHASING ALLIANCE; EMERGENCY (PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT & CERTAIN RELATED MATERIALS W ITHOUT COMPETITIVE BIDDING) 5/2012 20. AUTHORIZE PARTICIPATION BY CITY IN STATE CONTRACTS PURSUANT TO ORC SEC 5513.01; EMERGENCY (PURCHASE OF MACHINERY, MATERIALS, SUPPLIES OR OTHER ARTICLES) 6/2012 21. AUTHORIZE PARTICIPATION BY CITY IN STATE OF OH COOP PURCHASING PROGRAM; EMERGENCY (PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT & CERTAIN RELATED MATERIALS W ITHOUT COMPETITIVE BIDDING) 7/2012 22. AUTHORIZE SAF DIR TO ENTER INTO PROF SVCS CONTRACT W /ANGELA CAVANAUGH TO SERVE AS CITY’S CHIEF BUILDING OFFICIAL IN AMT NOT TO EXCEED $108,993.00; EMERGENCY AS AM ENDED 8/2012 23. AUTHORIZE SAF DIR TO ENTER INTO PROF SVCS CONTRACT W /PHILIP SEDLACKO FOR ANIMAL CONTROL SVCS FOR CITY; EMERGENCY (NOT TO EXCEED $27,129.00) 9/2012 24. AUTHORIZE SAF DIR TO ENTER INTO LEASE AGMTS W /STARK COUNTY COMMISSIONERS FOR PURPOSE OF UTILIZING CITY OW NED PARKING SPACE; EMERGENCY 10/2012 25. AUTHORIZE SAF DIR TO ENTER INTO LEASE AGMT W /CANTON REGIONAL CHAMBER OF COMMERCE FOR PURPOSE OF UTILIZING CITY OW NED PARKING SPACE; EMERGENCY POSTPONED UNTIL 2/27/12 26. AUTHORIZE SERV DIR TO ENTER INTO LEASE AGMT W /CANTON JOINT RECREATION DISTRICT FOR CITY OW NED PROPERTY @ 1414 MARKET AVE N; EMERGENCY 11/2012 27. AUTHORIZE SERV DIR TO PURCHASE EASEMENTS IN CONJUNCTION W THE HARTVILLE/LAKE TW P W ATER MAIN EXTENSION PROJ; AMEND APPROP O#220/2011 BY MAKING $74,525.00 FROM UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207026 HARTVILLE/LAKE TW SHP 2011 W ATER MAIN - OTHER; EMERGENCY 12/2012 28. AUTHORIZE MAYOR &/OR SERV DIR TO ACCEPT DONATION OF LAND FROM THE JAMES F. RICH REVOCABLE TRUST. JAMES F. RICH, TRUSTEE; ENTER INTO AGMT W /THE JAMES F. RICH REVOCABLE TRUST & THE MONTABELLA ESTATES HOMEOW NERS ASSOC, INC; EMERGENCY (OUTLOT 1023 - PARCEL 0305908) CANTON CITY COUNCIL AGENDA - PAGE 4 - FEBRUARY 6, 2012 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: 13/2012 29. AUTHORIZE AUDITOR TO ENTER INTO PROF SVCS CONTRACTS FOR ALL CONTRACTUAL COMMITMENTS, INCLUDING BOND LEGAL COUNSEL & RELATED BANK SVCS NECESSARY FOR CITY TO ISSUE BOND ANTICIPATION NOTE; EMERGENCY 14/2012 30. AUTHORIZE MAYOR, SERV DIR &/OR SAF DIR TO COMPLETE THE CONTRACTING PROCESS FOR VARIOUS CONTRACTS PREVIOUSLY AUTHORIZED BUT NOT COMPLETED BY 1/1/12; EMERGENCY 15/2012 31. AUTHORIZE SERV DIR & SAF DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR SUPPLY ITEMS, MATERIALS & PROFESSIONAL SVCS FOR CITY’S OPERATIONS DURING THE 2012 CALENDAR YR; AUTHORIZE ALTERNATIVELY THE PURCHASE OF SAID ITEMS PURSUANT TO THE STATE COOP PURCHASING AGMT &/OR ODOT PURCHASING AGMT; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, FEBRUARY 13, 2012 in Council Caucus Room at 6:15 P.M . 1) Finance Com m ittee 2) Judiciary Com m ittee 3) Personnel Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Cirelli re: Advised that she voted no on Ordinance #24 in error. ADJOURNM ENT: 9:16 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, FEBRUARY 13, 2012 @ 7:30 PM