City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM MARCH 23, 2015 ROLL CALL: Eleven Mem bers Present M OTION TO EXCUSE M EM BERS: Mem ber Mack INVOCATION: Chris Sm ith, W ard 4 Council Mem ber PLEDGE OF ALLEGIANCE: President Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#7, O#8, & O#9; 2 nd Rdg O#10 - O#15; Adopted O#7, O#8, & O#9 on 1 st Rdg) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Robert Knight spoke again about his claim against the City. A sanitation truck hit a power line on January 14, 2015 and he lost electricity to his hom e. He filed a claim with the Law Departm ent. He said that his house could have caught fire and he and his wife could have died. The truck did strike the wire, but the Law Departm ent said there was no evidence that the driver was negligent. He urged the Law Departm ent to take tim e to look at their policy for denying claim s, especially the m oral issue. Byron Dillon addressed Council with the help of deaf interpreter, Jack Hawk. Mr. Dillon’s car hit a 4 in. deep pothole last Friday on 18 th and Cleveland and broke the m otor m ount. His car is inoperable and will be an expense to fix, possibly several hundred dollars. Law Director Martuccio stated that any claim against the City m ust first be filed with his office, and he would give Mr. Dillon a card to call and m ake a claim . He explained that a form is com pleted regarding how it happened accom panied with a receipt for repairs. He also explained that the Law Departm ent can only pay the deductible if the claim is approved. Leroy Lynch addressed Council with the help of deaf interpreter, Jack Hawk. Mr. Lynch attended the State of the City last W ednesday, but no interpreter was there. He felt discrim inated against and left. He feels that as a voter and a city resident he should have a voice. Also he took the Civil Service test, passed everything, has waited six m onths, and would like a response. He does have an ODOT CDL truck license, but no job. Jack Hawk asked Law Director Martuccio to inform the Mayor that he needs to understand it’s a public forum and the ADA law should also apply to him . He said that we are com m unicating to the deaf, but they aren’t com m unicating to us. There are over 2,000 im paired individuals in the com m unity, and the Mayor should have an interpreter present when he addresses the public. Bruce Nordm an gave an update on the Blue Mass sponsored by the Knights of Colum bus. Officer Solly and Fire Chief Rich were recognized. It was a striking event, and he urged Council to put it on their St. Patrick’s Day calendar next year and support our em ergency services. He m entioned that the first event Steve Coon held at the Onesto raised $100,000 for ceiling repairs at the Stark County Library. Pam Vogt and Kathy Schaffer are board m em bers for children with Prader-W illi syndrom e. Children with this disorder have low m uscle tone, shortness, and a 24 hour desire for food. They know of five such children in Stark County. Their Board is funded by m em bership and donations, and they encouraged Council to also give blood. Henry Preston reiterated what he said last week suggesting that Mem ber Sm uckler call “pothole central”. Mr. Preston called them last Friday and spoke with Katy. He said she does an extrem ely good job. He indicated that m any offices do not answer their phones, but that is not a reason to take out voice m ail. He feels dispatch is one of the worst, and asked Safety Director Perry to look into it. INFORM AL RESOLUTIONS: 14. COUNCIL-AS-A-W HOLE: COMMENDING DETECTIVE ROBERT REDLESKI ON HIS EXCHANGE CLUB OF CANTON RECOGNITION AS 2015 CANTON CITY POLICE OFFICER OF THE YEAR. - ADOPTED COM M UNICATIONS: 113. COM DEV DIRECTOR MILLER: AUTHORIZE ACCEPTANCE OF W ELLS FARGO BANK DONATION OF PROP TO BE DEMOLISHED AT 2904 CHRISTIAN PL NW , PARCEL #02- 00574, AND $10,000.00. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 114. COUNCIL-AT-LARGE HART: ESTABLISH POLICY FOR RESTORATION OF BRICK STREETS. - RECEIVED & FILED 115. COUNCIL-AT-LARGE HART: REQ FUNDING FR THE STATE FOR RESTORATION OF BRICK STREETS. - RECEIVED & FILED 116. SAFETY DIRECTOR PERRY: AUTHORIZE $1,400.00 MORAL OB TO ACY COMMUNICATIONS TO MOVE DATA CABLES AND RELOCATE CCTV IN POLICE DEPT. - FINANCE COMMITTEE 117. SAFETY DIRECTOR PERRY: AUTHORIZE SAF DIR TO PAY $342.60 MORAL OB TO REMINGTON ARMS CO, INC. FOR W ORK PERFORMED IN NOV 2014. - FINANCE COMMITTEE 118. SAFETY DIRECTOR PERRY: REQ $19,744.22 SUPP APPROP FR UNAPPROP BAL OF 2761 ENFORCEMENT AND EDUCATION FUND TO 2161 ENFORCEMENT AND EDUCATION FUND - OTHER TO CREATE LAW ENFORCEMENT EDUCATION FUND FOR POLICE DEPT. - FINANCE COMMITTEE 119. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND EXECUTE CONSTRUCTION CONTRACT FOR APPLEGROVE ST/MIDDLEBRANCH AVE/W ERNER CHURCH RD PROJ - CITY ONLY PORTION; AUTHORIZE MAYOR OR SERV DIR TO EXECUTE PROF SRVS CONTRACT FOR CONSTRUCTION OVERSIGHT SRVS FOR THIS PROJ; MAKE $1,260,000 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207034 APPLEGROVE/MIDDLEBRANCH/W ERNER CHURCH W ATER MAIN PART A - CITY ONLY PORTION - OTHER; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - MARCH 23, 2015 COM M UNICATIONS CONTINUED: 120. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO 2 ND SUPP AGMT TO CANTON/HARTVILLE CONTRACT 2002-66; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO PROF SRVS AGMT FOR CONSTRUCTION OVERSIGHT FOR HARTVILLE PHASE III W ATER MAIN EXT PROJ; MAKE $1,060,497 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207026 HARTVILLE W ATER MAIN EX FUND - OTHER AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE 121. SERVICE DIRECTOR BARTOS: CERTIFY PROP W ITH UNPAID MAINTENANCE INVOICES TOTALING $456,686.00 FOR STREET DEPT SRVS IN 2014 TO STARK COUNTY AUDITOR FOR LIENS (LIST ATTACHED). - FINANCE COMMITTEE 122. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 2/28/15. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND APPROP O#266/2014; EMERGENCY ($10,000.00 FR UNAPPROP BAL OF 4501 701001 CAPITAL PROJ FUND TO 4501 701001 75806 CAPITAL PROJ FUND - OTHER) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 2. AUTHORIZE MAYOR OR SAF DIR TO ENTER INTO 1 YR PROF SRVS CONTRACT W ITH COMPMANAGEMENT, INC. IN APPROX AMT OF $29,000.00 FOR W ORKERS’ COMP ADMIN SRVS RETROACTIVE TO 1/1/15; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 3. AUTHORIZE MAY OR SERV DIR TO ENTER INTO PROF SRV CONTRACT W ITH MANNICK & SMITH GROUP, INC. FOR ENG SRVS RELATED TO TUSC ST W EST CORRIDOR SAFETY PROJ, PID 92562, GP 1165; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE 4578 TUSC ST (W EST) CORRIDOR SAFETY PROJ, PID 92562, GP 1165 FUND; AMEND APPROP O#266/2014; AUTHORIZE MAYOR OR SERV DIR TO APPLY FOR GRANTS AND ENTER INTO GRAND FUNDING AGMTS PERTAINING TO THIS PROJ; EMERGENCY ($250,000.00 FR UNAPPROP BAL OF 4578 TUSC ST (W EST) CORRIDOR SAFETY PROJ, PID 92562, GP 1165 TO 4578 202043 TUSC ST (W EST) CORRIDOR SAFETY PROJ, PID 92562, GP 1165 - OTHER, AND $44,563.65 FR UNAPPROP BAL OF 4501 CAPITAL FUND TO 4501 202043 TUSC ST (W EST) CORRIDOR SAFETY PROJ, PID 92562, GP 1165 - OTHER) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 4. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO CONTRACT FOR PURCH OF VARIOUS VEHICLES; OR TO ALTERNATIVELY PURCH SAID VEHICLES PURSUANT TO STATE CO-OP PURCH AGMTS; AND TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO CONTRACT FOR A 3-YR LEASE AGMT FOR 2 FORD FUSIONS, OR ALTERNATIVELY TO ENTER INTO CONTRACT FOR LEASE OF SAID VEHICLES IF SAID LEASE IS LESS THAN $20,000.00 THRESHOLD W HICH REQUIRES COMPETITIVE BIDDING; EMERGENCY (1 FORD F-150, 1 FORD F- 250, 1 FORD F-350, 1 FORD F-450) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 5. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO A PROF SRVS CONTRACT W ITH BURGESS & NIPLE FOR DESIGN AND CONSTRUCTION ADMIN SRVS FOR 53 RD ST RESERVOIRS REROOFING PROJ; AMEND APPROP O#266/2014; EMERGENCY ($89,000.00 FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207033 - 53 RD ST RESERVOIR ROOF - OTHER) Referred to Finance Com m ittee 1 ST RDG 6. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO A PROF SRVS CONTRACT W ITH PROF SRVS INDUSTRIES, INC. FOR DESIGN, ENG, CONTRACT ADMIN AND OTHER PROF SRVS AND ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO A CONSTRUCTION CONTRACT FOR CANTON MEMORIAL CIVIC CTR ROOF REPAIR/REPLACEMENT PROJ; EMERGENCY Referred to Finance Com m ittee (COUNCIL RECESSED AT 8:03 P.M. FOR THE FINANCE AND COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES TO DISCUSS ORDINANCES #7, #8, & #9; RECONVENED AT 8:13 P.M.) 57/2015 7. AMEND APPROP O#266/2014; EMERGENCY ($1,000,000.00 FR UNAPPROP BAL OF 1152 NIP ACQ. DEMO DEBT TO 1152 506001 NIP ACQ. DEMO DEBT - OTHER) Referred to Finance and Com m unity & Econom ic Developm ent Com m ittees 58/2015 8. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AGGREGATE PRINCIPAL AMT NOT TO EXCEED $1,000,000.00 FOR COSTS OF REVITALIZATION W ITHIN CITY AND ADDRESSING PROP CONDITIONS FOR PUBLIC HEALTH AND SAFETY THRU DEMO OF DETERIORATING STRUCTURES AND IMPROVEMENT OF THOSE SITES; EMERGENCY (RETIRE OUTSTANDING NOTES MATURING ON 7/10/15; REVITALIZATION NOTES, SERIES 2015B) Referred to Finance and Com m unity & Econom ic Developm ent Com m ittees 59/2015 9. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AGGREGATE PRINCIPAL AMT NOT TO EXCEED $1,000,000.00 FOR COSTS OF REVITALIZATION W ITHIN CITY AND ADDRESSING PROP CONDITIONS FOR PUBLIC HEALTH AND SAFETY THRU DEMO OF DETERIORATING STRUCTURES AND IMPROVEMENT OF THOSE SITES; EMERGENCY (REVITALIZATION NOTES, SERIES 2015C) Referred to Finance and Com m unity & Econom ic Developm ent Com m ittees CANTON CITY COUNCIL AGENDA - PAGE 3 - MARCH 23, 2015 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD 2 ND RDG O#10 - O#15) 2 ND RDG 10. RENAME A PORTION OF TIMKEN PLACE S.W . IN THE CITY OF CANTON, TIMKENSTEEL DRIVE S.W . (PST) 2 ND RDG 11. AUTHORIZE AUDITOR TO ESTABLISH 2335 EARLY HEAD START FUND; EMERGENCY ($34,000.00 IN FUND MONEY REC’D FR YW CA TO SUPPORT ONSITE SERV) (FIN) 2 ND RDG 12. AMEND APPROP O#266/2014; EMERGENCY ($42,200.00 FR UNAPPROP BAL OF 4501 CAPITAL FUND TO 4501 301001 HEALTH ADMINISTRATION - OTHER; $9,000.00 FR UNAPPROP BAL OF 2318 HIV GRANT FUND TO 2318 301001 - OTHER FOR PURCH EXAM TABLES FOR CLINIC ROOMS AND LAPTOPS FOR SANITARIANS) (PPCI) 2 ND RDG 13. AMEND APPROP O#266/2014; EMERGENCY ($85,072.28 FR UNAPPROP BAL OF THE 2763 LAW ENFORCEMENT TRUST FUND TO 2763 102001 POLICE ADMINISTRATION - OTHER TO OFFSET COST ASSOC W ITH PURCH OF TASER CARTRIDGES) (FIN) 2 ND RDG 14. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO COOP AGMT W ITH STARK CO FOR CITY OF CANTON’S SHARE OF STARK CO’S FAIRHOPE SANITARY SEW ER LIFT STATION REHAB PROJ; AMEND APPROP O#266/2014; EMERGENCY ($120,000.00 FR UNAPPROP BAL OF THE 5410 SANITARY SEW ER FUND TO 5410 206315 SANITARY SEW ER - OTHER) (FIN) 2 ND RDG 15. AUTHORIZE MAYOR OR SERV DIR TO NEGOTIATE AND ACCEPT DONATION OF 2 PARCELS OF LAND VALUED AT COMBINED TOTAL OF $5,600.00 FROM PEPPERTREE FARMS, LLC; EMERGENCY (PARCEL NOS. 305205 AND 305206 FOR LAND CONSERVATION AND STORM W ATER DETENTION OR RETENTION) (C&ED) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 60/2015 16. AUTHORIZE AUDITOR TO PAY AMT NOT TO EXCEED $3,305.95 TO AKRON VETERINARY REFERRAL; EMERGENCY (VET SRVS FOR POLICE CANINE K-9 LUCO) 61/2015 17. AMEND APPROP O#266/2014; EMERGENCY ($350,000.00 FROM UNAPPROP BAL OF 4501 CAPITAL FUND TO 4501 103001 FIRE ADM - OTHER FOR $250,000.00 AND 4501 102001 POLICE ADM - OTHER FOR $100,000.00) 62/2015 18. AUTHORIZE MAYOR OR SAF DIR TO ENTER INTO A 60 MONTH LEASE TO OW N PURCH/MAINT CONTRACT W ITH COPECO, INC. FOR COPY, PRINT, SCAN AND FAX MACHINE AT ESTIMATED COST OF $440.00 PER MO THRU THE NAT’L JOINT POW ERS ALLIANCE CO-OP PURCH AGMT IN ACCORDANCE W ITH ORC SEC 9.48 AND CODIFIED ORDINANCE SEC 105.11; EMERGENCY 63/2015 19. AMEND APPROP O#266/2014; EMERGENCY ($165,100.00 FROM UNAPPROP BAL OF 4501 CAPITAL FUND TO 4501 208001 DMV ADM - OTHER FOR $5,100.00, 4501 504010 INFO TECH MGR - OTHER FOR $100,000.00, AND 4501 202210 STREET MAINT - OTHER FOR $60,000.00) 64/2015 20. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO CONTRACT(S) FOR THE PURCH OF VARIOUS VEHICLES AND/OR EQUIP FOR THE COLLECTION SYSTEMS DEPT; AUTHORIZE MAYOR OR SERV DIR TO ALTERNATIVELY PURCH SAID VEHICLES AND/OR EQUIP PURSUANT TO STATE CO-OP PURCH AGMTS; EMERGENCY (1 FORD F-350, 1 JOHN DEERE 85G EXCAVATOR, 1 FORD E-450) 65/2015 21. AUTHORIZE MAYOR OR SERV DIR TO EXECUTE A PROF SRVS CONTRACT W ITH OMNIPRO SRVS FOR CONSTRUCTION ENGINEERING FOR THE APPLEGROVE ST/MIDDLEBRANCH AVE/W ERNER CH RD PROJ; AMEND APPROP O#266/2014; EMERGENCY ($627,000.00 FROM UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207032 APPLEGROVE/MIDDLEBRANCH/W ERNER CH W ATER MAIN PART B - JOINT PROJ - OTHER) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, M arch 30, 2015 in Council Caucus Room at 6:45 PM 1) Finance Com m ittee 2) Public Property Capital Im provem ent Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Sm ith addressed the issue of the adoption of O#48 with the am endm ent that cam e down at the last m inute. W hile Clerk Tim berlake was passing out docum ents regarding that issue, Law Director Martuccio thanked Mem ber Sm uckler for keeping them on their toes regarding procedure. In the Law Departm ent som eone always answers the phone, but if the attorneys aren’t in it goes to their voice m ail. He does appreciate that people can leave detailed m essages on the voice m ail. W ith regard to the claim issue, he stated that according to the codified ordinances, they m ay process claim s under $15,000. They have a duty to analyze all issues in order to pay a claim and it involves m ore than negligence. If a claim ant disagrees with the ruling, they m ay file a Sm all Claim s suit. Mem ber Sm ith continued regarding O#48. She again m entioned that the ordinance com e down at the last m inute, and if you look at the Caucus Minutes, $65,137.36 cam e out of the Firefighters Assistance Grant, and there is no description for the other amount, num bers but no fund. It was not apparent that it cam e from Council’s budget, leaving their balance at zero. Mem ber Sm ith asked who brought down the am endm ent that depleted the budget. Mem ber Morris stated that everyone agreed to pave roads, so he and Mem ber Mariol had to m ove m oney from the paving fund in order to use it. He said he did m ake a m istake in m oving funds, but paving is a huge concern and it was the only way. Mem ber Sm ith feels that as a mem ber of the Finance and Public Property Capital Im provem ent Com m ittees, she and the other m em bers should have been advised. Mem ber Morris indicated that he and Mem ber Mariol m et with the Service Director, Engineer and Street Dept Superintendent. They could not spend the m oney if was not in Council’s fund, so they put an am endm ent to the ordinance and brought it down. Mem ber Dougherty feels everyone is m issing the point. The am endm ent was brought down at the last m inute, and there should have been a conversation. No CANTON CITY COUNCIL AGENDA - PAGE 4 - MARCH 23, 2015 one sum m arized where the m oney cam e from . Mem ber Mariol said that the num ber indicating Council’s budget was on the am endm ent in writing before each m em ber. He said that any m oney in the capital fund needs to go to paving. The consensus was to do the paving and it can’t be done if the m oney’s sitting in Council’s budget. He asked Service Director Bartos to sum m arize the process on how roads are chosen. Service Director Bartos said each m em ber has an input, then the Street Departm ent does a rating, and a list is put together from that. Mem ber Morris said he will not apologize for attending m eetings. If he and the PPCI chairm an would m eet with Mem ber Sm ith and Mem ber Dougherty the Sunshine Law would com e into play. As m ajority leader he needs am ple tim e to attend these m eetings and he cannot always keep everyone in the loop. He apologized for not com m unicating better, but not for the m eetings. Mem ber Sm ith does not expect Mem ber Morris to apologize, just com m unicate about the m oney and be fair. If she had known the m oney was com ing out of Council’s budget leaving a zero balance, there would have been discussion. Mem ber Hart thanks Service Director Bartos for the patching that’s been com pleted, and asks him to consider brick streets again due to clim ate change. Mem ber Sm uckler agrees with Leroy Lynch about an interpreter, and recognizes that Leroy cannot get anything from m eetings without an interpreter present. Mem ber W est supports brick streets, but says that it will work for som e, others will need com pletely replaced. He asks Service Director Bartos for an update. Service Director Bartos provides weekly updates. This week they used 247 tons of asphalt m ix. Mem ber Hart suggests appropriating m oney for interpreters and m eeting the needs of citizens with challenges. Mem ber W est recognizes Clerk Tim berlake for obtaining the deaf interpreter service, and m entions with a zero balance, they m ay not be able to afford services at this tim e. Mem ber Sm ith is still not satisfied with what happened regarding the m oving of m oney for paving and reiterates that the chairm an m ust com m unicate with all m em bers. She m oves for reconsideration of the ordinance. President Schulm an doesn’t believe the intent of any m em ber was to be deceiving. ADJOURNM ENT: 9:23 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, M ARCH 30, 2015 @ 7:30 PM