President of Council Randy Danbury called Council to order on May 5, 1999, at 7:00 p.m.
The governmental body and those in attendance recited the pledge of allegiance.
Mr. Knox took roll call. Present were Council members Galster, Manis, McNear, Pollitt, Vanover, Wilson and Danbury.
The minutes of April 21, 1999 were approved with 7 affirmative votes.
COMMUNICATIONS - none
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCE NO. 23-1999 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO AN ADMINISTRATIVE AGREEMENT WITH UNITED MEDICAL RESOURCES (UMR) AS THE THIRD PARTY ADMINISTRATOR OF THE CITYíS SELF-FUNDED HEALTH INSURANCE PROGRAM AND DECLARING AN EMERGENCY"
Mrs. McNear made a motion to adopt and Mr. Vanover seconded. Ordinance 23-1999 passed with 7 affirmative votes.
ORDINANCE NO. 24-1999 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH US BENEFITS, INC. TO PROVIDE FOR STOP-LOSS INSURANCE AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Wilson seconded. Ordinance 24-1999 passed with 7 affirmative votes.
ORDINANCE NO. 25 Ė1999 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH MCBRIDE DALE/CLARION FOR PLANNING AND ZONING CONSULTING SERVICES AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Galster seconded.
Mr. Galster asked if the rate schedule is comparable to what we had with Pflum Klausmeier and Gehrum.
Mr. Osborn replied the entire document is virtually verbatim the previous contract we had with Pflum Klausmeier and Gehrum.
Mr. Danbury asked Mr. Osborn if he is comfortable that someone can fill in if she is not available.
Mr. Osborn responded that even when she was with Pflum Klausmeier there werenít many occasions that someone filled in for her. When we did need additional services such as on the zoning code other personnel from Pflum Klausmeier participated. Anne has already discussed with Pflum Klausmeier and I have discussed with Jack Pflum that should she need any additional backup on some contracts she will likely subcontract with them. There will be four other planners with her in this office. She and Greg Dale will be affiliated with Clarion, which is national organization, and they have three other personnel besides themselves.
Ordinance 25-1999 passed with 7 affirmative votes.
ORDINANCE NO. 26-1999 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH UTILITY TRUCK EQUIPMENT, INC. FOR THE PURCHASE OF AN AERIAL TOWER FOR A 1999 TRUCK AND DECLARING AN EMERGENCY"
Mrs. McNear made a motion to adopt and Mr. Vanover seconded. Ordinance 26-1999 passed with 7 affirmative votes.
ORDINANCE NO. 27-1999 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO RENEW THE AGREEMENT WITH PERSONAL COMPUTER SERVICES (PCS) FOR THE NETWORK AND LAN ADMINISTRATION AND MAINTENANCE AND DECLARING AN EMERGENCY"
Ms. Pollitt made a motion to adopt and Mr. Wilson seconded.
Mr. Osborn said we have been negotiating a number with PCS that both parties could live with. Their 1998 rate equaled $21,000 on an annual basis and the final number we agreed to for 1999 is $21,000 plus another $2,400 for a second server, and then increase the total by 10% for an annual cost of $25,740. We feel this is a reasonable number. Generally, the level of satisfaction with the company has been satisfactory. In 1998 they had 440 hours of work in our offices. The figure for 1999 is based upon that level of service. Our goal is to bring that down. We instituted the personnel change where we brought in someone to serve as receptionist which frees Debbie Dunfee to perform more of her complicated and responsible functions such as systems administrator. We hope she will be able to keep the level of service that we require from our consultant at a lower level so that when we look at negotiating contracts in 2000 weíll be in a position to keep the rate of increase in check. I recommend that we adopt this ordinance and enter into a new contract with PCS.
Ms. Manis asked Mr. Schneider, are we comfortable with the liability statement that reads "in no event shall Personal Computer Services be liable for any damages from services provided by them."
Mr. Osborn stated that is the same language that was in the contract last year.
Mr. Schneider said that heíd like to see more limits if we could. Even if they were intentionally negligent they could probably use this as a defense. You could approve the contract subject to the attorney reviewing the contract on the issue of liability.
Mr. Osborn said it is being proposed that Council adopt the legislation. It doesnít necessarily mean weíre going to run out and execute the contract. We wonít do that until we get that language worked out.
Ordinance 27-1999 passed with 7 affirmative votes.
Mrs. McNear asked for an update on Kemper Road.
Mr. Shvegzda said the last date we had for the opening was the end of April. After that they did run into a couple of problems. There was an existing storm sewer in that area where they uncovered a large void that had to be filled with a controlled density fill. As of now they expect to complete that section and reopen it the end of next week.
Mr. Knox asked why can busses travel on that section of Kemper Road and we canít?
Mr. Osborn replied we have some obligation to the public to provide services and we consider mass transportation a service. If we asked Metro to leave out Kemper Road we would be eliminating a bus stop that services most of the Terrace. Itís the same for the school busses.
Ms. Manis asked if we can get an update on police runs to Hunters Glen and see if they have gone down. Have they enacted their own security or anything like that?
Mr. Osborn replied I will see if I can get a measure of whatís been accomplished.
Mr. Osborn continued that I want to talk about the Community Center. As you know we have canceled the July 4 festival this year. Another casualty will be the softball tournaments. We wanted to make the decision as early as we could to avoid problems for teams who were counting on playing in our tournaments. Given the physical conditions we have I think it would be imprudent to try to hold a tournament.
Ms. Pollitt asked Mr. Osborn did you received some information regarding kiosks for the news corrals?
Mr. Osborn stated I received five solicitations from vendors who wanted to partner with us in doing public advertising. I told him it was the Cityís standard position not to do that. We could have somebody pay for our bus stops, benches and news racks but they would be plastered with advertising.
Mr. Danbury asked everybody one more time to please turn in pager numbers, e-mail, voice mail numbers, etc. so we can have a record of that.
Also, Mr. Osborn, do you have an update on the disaster plan? Mr. Osborn replied we are still working on it. I just got documents back from Public Works today and should have the Building Departmentís action plans by Friday.
Mr. Osborn reported that he, Bob Posega and Dan Shroyer went out to listen to the siren test at the Fire Station today. It never went off and Bob called the Emergency Management Agency. Their data showed that the siren had gone off. An initial check showed that there is a 220v breaker involved in their system before it actually goes to the siren. A 220v relay has to be thrown by the radio signal and the radio signal is showing that the message got there and has been confirmed but the relay doesnít throw. I have asked the Chief to look at a replacement for that siren. That siren has a great heritage but it isnít as effective as the newer equipment that is on the market. Itís a stationary siren and has frozen up in the past. Weíre going to look at a siren that rotates and does a better job of covering a bigger area.
Mayor Webster asked, until we get that replacement, is there is anything we can do in case of emergency to alert the residents in that area?
Mr. Osborn answered the only thing I know would be having the police vehicles going through the area with a public broadcast.
Mayor Webster said we have a fence completely surrounding the construction site at the Community Center. There is a six foot high chain link fence marked with signs saying "no trespassing, violators will be prosecuted." Iíd just like to take this opportunity to make a public appeal, especially to parents, to please caution your children not to go into that area. Just last week they hit a power line with a bull dozer and knocked everything out. Someone could very easily have been killed just walking across that parking lot. Itís terribly important to tell your children, friends, etc. to stay out of the area.
Mr. Danbury reported that Bob Seaman who is currently on Planning Commission will be resigning after the next meeting. He is moving out of the City. After the June meeting we would only have five people on the Planning Commission. The replacement would be there from June until the November meeting. We need to get someone who is up to par quickly and also who will be at the meetings. If there are only five members at the meeting an applicant would have to have a unanimous vote to get something passed. The person we choose and the one the Mayor appoints have to realize that there is no obligation from that person to continue on after November and that they may or may not be reappointed December 1.
Mr. Osborn advised Council that we had a bid opening on May 4 on the Chamberlain Park pedestrian bridge. We received two bids and the apparent low bid is Jeffery Allen Corporation at $23,400. Assuming a satisfactory review of the low bid, we would like to bring in legislation at the next meeting.
Mr. Osborn continued that Time Warner is bringing out a new product called Roadrunner. Itís a high speed data transmission system for internet access. We have been approached by Warner Cable to serve as a test facility along with some other pubic organizations. We are looking forward to participating in that test. I invited the Warner Cable people to come in and make a presentation to Council. Is that agreeable with Council? Council agreed.
Mr. Galster said they have an early bird program for residents if any are interested in getting involved.
Mayor Webster said there was a mini debacle yesterday at the polls. I think we told you a couple of meetings ago about the situation at Maple Knoll. Maple Knoll expanded their facilities and went into another district. One hundred fifteen voters were affected by that. Those people should have gotten a card saying go to Precinct I. They got cards saying go to Precinct L. Before the expansion they were in District 3, Precinct C. They got letters telling them to go to L which is in District 1. They should have gotten a letter saying go to I which is in District 4. There are seven streets in the Knolls Complex. Four of those streets were switched from Precinct H to Precinct L for no reason. That took those people from District 2 to District 1. Every single district in the City was affected one way or the other by this screw up. The people in the Knolls Condos could walk down the street and vote at the Clubhouse. Instead they had to drive to the Community Center to vote. The people at Maple Knoll normally walked to the auditorium to vote. They had to come to the Community Center. Itís a tremendous inconvenience to our residents and all I can do is say Iím sorry on behalf of the Board of Elections. There is no one sitting on the dais here that has anything at all to do with the precincts. The way the Charter reads we can only do something with districts in May before a district Council race and that was done six years ago.
We think we have a resolution to the Maple Knoll situation by creating a separate precinct for those 115 people in the auditorium but they will be in District 4 instead of District 3. I think the Board may have associated the Knolls Condos with Maple Knoll and sent both of those to Precinct L. We have told the Board that we cannot house the fall elections at the Community Center so they are going to move all five precincts to the Municipal Building.
Mayor Webster said nominations for landscaping awards will be taken through June 18 by calling the City. We will announce the winners July 7 and will present the awards July 21.
Mayor Webster read a proclamation honoring Public Works servants and a proclamation declaring May 9 through May 15 Law Enforcement Week.
Ms. Manis asked if the 5K run will be held. Mr. Parham said it will be May 16 at 9 a.m. Mr. Osborn stated that the Police Department will be holding their Expo at Tri-County Mall this coming weekend.
MEETINGS AND ANNOUNCEMENTS
Planning Commission - May 11
Board of Health - May 13
Board of Zoning Appeals - May 18
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Repair of the Chamberlain Park pedestrian bridge - May 19
Crack Sealing Program - May 19 or June 2 1999 Street Program - May 19 or June 2
Replacement of athletic field lighting fixtures - June 2
RECAP OF LEGISLATIVE ITEMS REQUESTED
Resolution for Bob Seaman - May 19
2 resolutions for 2 members of Board of Health - May 19
2 resolutions authorizing application for bikeway projects June 2
MVRMA legislation for Workers Compensation - June
(Presentation by Time Warner) - June 16
Ms. Manis asked does the County or State have any funding for the bikeways?
Mr. Osborn replied it is all federal in origin. The money will be broken down into two sources, one of which we will apply for through O-K-I and the State of Ohio indirectly. The other is funding that is set aside for the State to use at their discretion. In the past those have not gone to projects as small as ours.
Mr. Vanover made a motion for Council to go into Executive Session as a meeting of the whole to discuss possible real estate acquisition and possible litigation. Mr. Galster seconded.
Council went into Executive Session at 8:12 p.m.
Council adjourned at 8:41 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Randy Danbury, President of Council