City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM APRIL 8, 2013 ROLL CALL: Twelve Council Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Joe Cole, Council-at-Large PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 ND Rdg O#6 - O#8; C#163 W ithdrawn; O#9 Adopted as Am ended) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues from Public Speaks PUBLIC SPEAKS (CITY BUSINESS): Rod Pisani re: Explained the after school & out of school alternatives for Sum m it Neighborhood youth; Bret Moore re: Relayed that he talked to Representative Schuring and was told that the funding from casinos has not yet been earm arked; Brandon Moore re: Talked about the safety in the Vassar Park Neighborhood Association area; Kenneth King re: Feels that drugs have to stop com ing into neighborhoods in order to control crim e. Also would like to see D.A.R.E. program com e back; David Morgan re: Spoke about the Neighborhood Associations; Sklyark Bruce re: Explained that she volunteers for Canton Sunday Picnics that take place every Sunday at Market Square and expressed their need for an indoor facility to have the picnics; Leroy Lynch re: Discussed the settlem ent m eeting that he attended last week; Connie Collings re: Relayed that she recently opened a business in the City and gave kudos to the several City departm ents that assisted her; Jam es Parker re: Relayed that he would like to abolish Ordinance 785 to Ordinance 785.99; Patricia Howard re: Introduced Neighborhood Associations; Lee Cote re: Relayed that he opposed Ordinance #9; Jack Hawk re: Encouraged the City to find a way for people with handicaps to take the Civil Service test; Issa Salti re: Discussed his dism ay with Mem ber Hawk for objecting to his liquor license; Christopher Leach re: Concerned about bonfires and asked if they are legal; Law Director Martuccio re: Advised that there are restrictions on bonfires and that he should call the Fire Departm ent if he has problem s with bonfires; Richard Manson re: Spoke about blighted areas in the City. INFORM AL RESOLUTIONS: 23. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF KELLI SCOTT TO CANTON RECREATION BOARD FROM 4/25/13 TO 12/31/15. - ADOPTED 24. COUNCIL AS A W HOLE: CONGRATULATING DAVIES DRUGS FOR THEIR 50 TH ANNIVERSARY. - ADOPTED COM M UNICATIONS: 148. APPLICANT, LRC-A-TUSC PROPERTIES, LLC: REQ ZONE CHANGE @ SW CORNER OF DRYDEN AVE & GROVE PL SW FROM R-1a TO B-3 TO ADD A CVS/PHARMACY STORE. - PLANNING COMMISSION 149. APPLICANT, LUBOV, INC: REQ ZONE CHANGE @ 127/129 HARRISON AVE SW FROM R- 1a TO B-3 TO ADD A CVS/PHARMACY STORE. - PLANNING COMMISSION 150. APPLICANTS, RICHARD & SHARON MEDLA: REQ ZONE CHANGE @ 133 HARRISON AVE SW FROM R-1a TO B-3 TO ADD A CVS/PHARMACY STORE. - PLANNING COMMISSION 151. APPLICANT, JOHN M. W OJTILA: REQ VACATION OF PORTION OF DRYDEN AVE SW (FROM W TUSC AVE DOW N ITS MOST SOUTHERN INTERSECTION W /GROVE PLACE) ALSO GROVE PL FROM DRYDEN AVE TO HARRISON AVE SW . - PLANNING COMMISSION 152. AUDITOR MALLONN: MONTHLY RPT BY FUND FROM 3/1/13 - 3/28/13. - RECEIVED & FILED 153. AUDITOR MALLONN: YEARLY RPT BY FUND FROM 1/1/13 - 3/28/13. - RECEIVED & FILED 154. COMPLIANCE DIRECTOR PERRY: REQ TO ACCEPT $1,500.00 GRANT RECEIVED BY THE W AL- MART FOUNDATION IN SUPPORT OF THE FAIR HOUSING MONTH’S ACTIVITIES TO PROVIDE GIFTS & PRIZES FOR W INNERS OF THE ESSAY CONTEST & COLORING CONTEST, DOOR PRIZES & FOOD FOR EVENTS. - FINANCE COMMITTEE 155. COURT ADMINISTRATOR KOCHERA: REQ LAW DIR TO PREPARE LEGISLATION FOR SERV DIR TO ENTER INTO PROF SVCS AGMT IN AMT NOT TO EXCEED $25,000.00 ON BEHALF OF CANTON MUNI COURT W /ZENITH SYSTEMS LLC AS A CONSULTANT TO DESIGN, PLAN, DEVELOP & PROVIDE PROJ SPECS & DRAW INGS, DEVELOP BID SPECS, PROVIDE ON-SITE ENGINEERING & RELATED RESPONSIBILITIES TO PROVIDE UPGRADE TO THE COURTROOMS W /ADA COMPLAINT ASSISTIVE HEARING DEVICES & EVIDENCE PRESENTATION SYSTEM. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 156. DEPT OF COMMERCE: INFORMING THAT CITY HAS W ITHDRAW N ITS OBJECTION TO RENEW AL OF CLASS D-5 LIQ PERMIT FOR JOHN L. JONES @ 704 4 TH ST SW . - RECEIVED & FILED CANTON CITY COUNCIL AGENDA - PAGE 2 - APRIL 8, 2013 COM M UNICATIONS CONTINUED: 157. DEVELOPMENT DIRECTOR W ILLIAMS: REQ AUTHORIZATION FOR MAYOR OR SERV DIR TO ENTER INTO AGMT W /NEW DAW N DEVELOPMENT HERSHBERGER FAMILY LLC TO PROVIDE 10 YR, 75% PROP TAX ABATEMENT OF 79 UNIT HOTEL @ I-77 FAIRCREST EXIT. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 158. DEVELOPMENT DIRECTOR W ILLIAMS: REQ AUTHORIZATION FOR MAYOR OR SERV DIR TO ENTER INTO AGMT W /CPX SOUTH CANTON LLC TO PROVIDE 10 YR, 75% PROP TAX ABATEMENT FOR CONSTRUCTION OF 85 UNIT HOTEL @ I-77 FAIRCREST EXIT. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 159. LIQUOR CONTROL DIVISION (OHIO): REQ NEW D1 D3 LIQ PERMIT FOR MKING LLC DBA SHERIS AT SHEARS @ 427 TUSCARAW AS E. - RECEIVED & FILED 160. MAYOR HEALY: REQ CONFIRMATION OF APPT OF BERNADINE SNELL (JENKINS) TO CANTON CITY HEALTH BD FROM 4/1/13 - 3/31/18. - PERSONNEL COMMITTEE 161. SERVICE DIRECTOR PRICE: REQ TO ENTER INTO 3 YR AGMT W /DELL/MCPC FOR THE KACE 1100 MANAGEMENT APPLIANCE IN AMT NOT TO EXCEED $36,100.00. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 162. SERVICE DIRECTOR PRICE: REQ TO ENTER INTO 5 YR CONTRACT W /AT&T FOR UPGRADE OF CITY’S W IDE AREA NETW ORK IN AMT NOT TO EXCEED $100,000.00. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 163. SERVICE DIRECTOR PRICE: REQ $50,000.00 SUPP APPROP FROM SARTA AREA IMPROVEMENT FUND - 2450 TO PARK ADMINISTRATION - 2450 401001 - OTHER FOR CONSTRUCTION OF TRAIL & PLAYGROUND EQUIPMENT IN CRENSHAW PARK & ADJACENT PROPERTIES; AUTHORIZE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & EXECUTE A CONSTRUCTION CONTRACT FOR CONSTRUCTION OF PLAYGROUND; AUTHORIZE CANTON PARK SYSTEM TO GENERAL CONTRACT REMAINING DEVELOPMENTS OF THIS PARK FACILITY THRU USE OF CITY FORCES &/OR LOCAL CONTRACTORS & SUPPLIES. - W ITHDRAW N 164. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY INS TO AMBULANCE LOCK BOX FOR MARCH 2013. - RECEIVED & FILED 165. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR MARCH 2013. - RECEIVED & FILED 166. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING INVESTMENTS AS OF 3/29/13. - RECEIVED & FILED 167. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 3/31/13. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE EDITING & INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODES OF THE CODIFIED ORDINANCES OF CANTON OH; EMERGENCY Referred to Judiciary Com m ittee 1 ST RDG 2. AUTHORIZE LAW DIR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS & PUBLIC INSTITUTIONS COPIES OF 2013 SUPPLEMENTAL TO CANTON CODIFIED ORDINANCES; TO AFFIX PRICE FOR THE SALE OF SAME; EMERGENCY Referred to Judiciary Com m ittee 1 ST RDG 3. AUTHORIZE SERV DIR TO ENTER INTO PROF SVCS CONTRACT IN AMT NOT TO EXCEED $95,000.00 W /CTI ENGINEERS INC TO PREPARE PLANS & SPECS FOR REPLACEMENT OF FAILING W ATER MAINS ON W ESTMORELAND AVE NW & VICINITY; AMEND APPROP O#209/2012; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 4. AUTHORIZE SERV DIR TO AMEND EXISTING JACKSON-CANTON JOINT ECONOMIC DEV DISTRICT CONTRACT; EMERGENCY Referred to Judiciary Com m ittee 1 ST RDG 5. AMEND APPROP O#209/2012; AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO GRANT AGMT W /CCIC IN AMT NOT TO EXCEED $175,000.00 FOR PURPOSE OF FUNDING CANTON REGIONAL CHAMBER OF COMMERCE ACTIVITIES; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - APRIL 8, 2013 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#6 - O#8) 2 ND RDG 6. TEMPORARILY SUSPENDING THE 3% CAP FOR THE FINANCE DIRECTOR’S POSITION (PER & FIN) 2 ND RDG 7. AUTHORIZE A STIPEND, IN AMT NOT TO EXCEED $12,000.00 PER YEAR, TO ANY INDIVIDUAL SERVING SIMULTANEOUSLY AS DIRECTOR OF PUBLIC SAFETY AND DIRECTOR OF PUBLIC SERVICE; EMERGENCY (FIN) 2 ND RDG 8. AUTHORIZE SERV DIR TO ENTER INTO PROF SERV CONTRACT W ITH BENNETT & W ILLIAMS ENVIRONMENTAL CONSULTANTS, INC. IN AMT NOT TO EXCEED $498,600.00 TO PERFORM A COMPREHENSIVE SOURCE W ATER PROTECTION PROJ; AMEND APPROP O#209/2012; EMERGENCY ($498,600.00 FROM UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207022 W ATER FUND - OTHER) (FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: AM ENDED 66/2013 9. AUTHORIZE W AGE INCREASE FOR MNGMT & NON-BARG UNIT PERSONNEL; AMEND EXHIBIT A TO O#100/2011, AS AMENDED, CLASSIFICATION PLAN & SALARIES FOR MNGMT & NON-BARG UNIT EMPLOYEES OF CITY OF CANTON; EMERGENCY 67/2013 10. AMEND SEC 707.02 LICENSE: FEE; DURATION; ISSUANCE & REVOCATION, OF CODIFIED ORDINANCES OF CITY 68/2013 11. AUTHORIZE AUDITOR TO PAY $14,857.98 TO SUNPRO INC; EMERGENCY 69/2013 12. PROVIDE FOR ISSUANCE & SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMT NOT TO EXCEED $1,500,000 FOR PURPOSE OF REFUNDING BOND ANTICIPATION NOTES PREVIOUSLY ISSUED FOR PURPOSE OF PROVIDING FUNDS TO PAY COURT APPROVED SETTLEMENT OF CLAIM AGAINST CITY; EMERGENCY (PIROLOZZI) 70/2013 13. AUTHORIZE SERV DIR IN CONJUNCTION W /THE W RF PHOSPHORUS/TOTAL NITROGEN REMOVAL & MISCELLANEOUS IMPROVEMENTS PROJ TO: FILE APPLICATION & ENTER INTO CONTRACT W /OHIO ENVIRONMENTAL PROTECTION AGENCY FOR LOW -INTEREST LOAN; ENTER INTO CONTRACT W /OVIVO USA LLC FOR PURCHASE OF MEMBRANE BIOREACTOR EQUIPMENT & ASSOCIATED COMPONENTS; ADVERTISE, REC BIDS & ENTER INTO CONSTRUCTION CONTRACT FOR PROJ; FILE APPLICATION & ENTER INTO CONTRACT W /OEPA FOR LOW -INTEREST LOAN TO FUND CONSTRUCTION PHASE OF PROJ; AMEND APPROP O#209/2012 BY MAKING $28,500,000.00 SUPP APPROP FROM UNAPPROP BAL OF 5442 W RF PHOSPHORUS/NITROGEN PROJ FUND; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, APRIL 15, 2013 in Council Caucus Room at 6:30 P.M . 1) Finance Com m ittee 2)Judiciary Com m ittee 3) Public Property Capital Im provem ent Com m ittee 4) Personnel Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Hawk re: Expressed his dism ay with the way the dem olition process is going and requested that Angela Cavanaugh be present at the next Council Meeting to answer questions; Service Director Price re: Advised that he would have Ms. Cavanaugh present; Mem ber W est re: Asked for a m om ent of silence for Constance Brown who recently passed away. Also asked Law Director Martuccio if what Shirley Moore relayed to him , that the m assage fees were only for people that do not have a State license, is true; Law Director Martuccio re: Relayed that he believes what she said to be correct. Also thanked Tina for her support and relayed that Mr. Killens received a letter from the President of the United States; Mem ber Cirelli re: Asked the Service Director if the Safety Director discussed the LAD lights with him ; Service Director Price re: Advised Mem ber Cirelli that Director Ream did discuss the sam e with him and they will be m eeting on the issue Tuesday; Mem ber Cirelli re: Stated that she doesn’t think texting should be perm itted at Meetings; Mem ber Hawk re: Addressed Mr. Salti’s statem ents. ADJOURNM ENT: 9:19 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, APRIL 15, 2013 @ 7:30 PM