26789 Highland Road Richmond Heights, Ohio 44143 Phone: 216.486.2474 Fax: 216.383.6320 PLEDGE ALLEGIANCE TO THE FLAG CITY COUNCIL MEETING AGENDA MARCH 28, 2017 TIME: ROLL CALL: ALEXANDER, HENRY, HURST, KUMIN, LENTINE, LEWIS, O TOOLE PRESENT: ABSENT: Motion was made by seconded by to excuse ROLL CALL: ALEXANDER, HENRY, HURST, KUMIN LENTINE, LEWIS, O TOOLE CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion, which motion suspends the Council s rules requiring three separate readings of legislation, and there will be no separate discussion of these items when so adopted. If any Councilperson desires discussion, the particular item will be removed from the Consent Agenda and will be considered separately by Council with full discussion and individual action therein. 1) Minutes of the Special City Council Meeting from March 21, 2017. MOTION Motion was made by seconded by to accept the Consent Agenda as submitted. ROLL CALL: ALEXANDER, HENRY, HURST, KUMIN, LENTINE, LEWIS, O TOOLE 387050-1 1
REPORTS: PAGE 2, CITY COUNCIL MEETING AGENDA, MARCH 28, 2017 Mayor David H. Roche: Fire Chief, Marc Neumann: Police Chief, Gene Rowe: Building Commissioner, Phil Seyboldt: Finance Director, Jim Teknipp: Recreation Director, Kenneth Stray: Economic Development Director, Christel Best: City Engineer, Lee Courtney: Service Dept Director, Donald Kerniskey: Audience: 387050-1 2
PAGE 3, CITY COUNCIL MEETING AGENDA, MARCH 28, 2017 OLD BUSINESS: ORDINANCE NO.: 16-2017, INTRODUCED BY O TOOLE, THIRD READING AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF RICHMOND HEIGHTS, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2017; AND DECLARING AN EMERGENCY. PASSAGE: KEPT ON: READING IN COMMITTEE NEW BUSINESS: RESOLUTION NO.: 17-2017, INTRODUCED BY MAYOR & COUNCIL, FIRST READING A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT THROUGH THE OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES COOPERATIVE PURCHASING PROGRAM FOR A NEW EMERGENCY AMBULANCE VEHICLE FOR THE DIVISION OF FIRE AND TO TRADE IN A USED CITY AMBULANCE. SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE RESOLUTION NO.: 18-2017, INTRODUCED BY O TOOLE, FIRST READING A RESOLUTION AUTHORIZING THE EXTENSION OF AN AGREEMENT WITH PAUL ELLIS TO PROVIDE ASSISTANCE TO THE CITY S DEPARTMENT OF FINANCE. SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE RESOLUTION NO.: 19-2017, INTRODUCED BY MAYOR & COUNCIL, FIRST READING A RESOLUTION STRONGLY OPPOSING THE OHIO GOVERNOR'S PROPOSED 2017-2018 BUDGET, WHICH PROPOSES CENTRALIZED COLLECTION OF NET PROFIT TAX RETURNS AND OTHER PROVISIONS RELATED TO MUNICIPAL INCOME TAX WHICH WILL CAUSE A SUBSTANTIAL LOSS OF REVENUE NEEDED TO SUPPORT THE HEALTH, SAFETY, WELFARE AND ECONOMIC DEVELOPMENT EFFORTS OF OHIO MUNICIPALITIES AND DECLARING AN EMERGENCY. SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE 387050-1 PAGE 4, CITY COUNCIL MEETING AGENDA, MARCH 28, 2017 3
RESOLUTION NO.: 20-2017, INTRODUCED BY KUMIN, FIRST READING A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT FOR PARK BENCHES WITH PLAY AND PARK STRUCTURES. SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE RESOLUTION NO.: 21-2017, INTRODUCED BY LENTINE, FIRST READING A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH STRYKER MEDICAL DIVISION TO PURCHASE ONE POWER- LOAD COT SYSTEM AND ACCESSORIES. SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE ADDITIONS: CORRESPONDENCE: ADJOURNMENT: MOTION WAS MADE BY SECONDED BY TO ADJOURN THIS MARCH 28, 2017 CITY COUNCIL MEETING AT P.M. 387050-1 4
RESOLUTION NO.: 17-2017 INTRODUCED BY: Mayor Roche and Members of Council A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT THROUGH THE OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES COOPERATIVE PURCHASING PROGRAM FOR A NEW EMERGENCY AMBULANCE VEHICLE FOR THE DIVISION OF FIRE AND TO TRADE IN A USED CITY AMBULANCE. WHEREAS, Council has authorized cooperative purchasing through the competitive bids obtained by the State of Ohio Department of Administrative Services Cooperative Purchasing Program; and WHEREAS, the Mayor and Chief of Fire have advised this Council that the City is in need of a new emergency medical ambulance vehicle, the purchase of which can be made through the State of Ohio s Cooperative Purchasing Program and that the vendor of the new ambulance will accept a trade in of the City s used ambulance, Squad 742 -- a 2003 American Emergency vehicle ambulance (VIN 1FDXE45F23HB23076), and credit the purchase of the new ambulance in the amount of $7,000.00; and WHEREAS, Council's Committees have reviewed the need for this proposed purchase and recommend the same and this Council desires to authorize the procurement of this ambulance through the State Cooperative Purchasing Program from Pfund Superior Sales Co., Inc. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond Heights, State of Ohio, that: Section 1: The Mayor is authorized to enter into a purchase agreement for one new ambulance, that being a 2017 Ford F-550 4X4 Life Line Custom Superliner Type I ambulance, from Pfund Superior Sales Co., Inc. at a net cost of $198,675.00, which includes the trade in value of $7,000.00, under State Schedule Contract Vendor No. 800217, as part of the State of Ohio's Cooperative Purchasing Program. Section 2: The Director of Finance is authorized and directed to appropriate to a proper account the amount of $198,675.00 to cover the cost of the purchase agreement in Section 1 above. Section 3: It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. {02312387-2}
Section 2: This Resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED: David H. Roche, Mayor APPROVED: ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council {02312387-2} 2
RESOLUTION NO.: 18-2017 INTRODUCED BY: O Toole A RESOLUTION AUTHORIZING THE EXTENSION OF AN AGREEMENT WITH PAUL ELLIS TO PROVIDE ASSISTANCE TO THE CITY S DEPARTMENT OF FINANCE. WHEREAS, the City s Department of Finance is in need of further services for various projects including the Trust and Agency Funds audit project, long term estimates on revenues and expenditures and other projects as assigned by the Mayor and Director of Finance; and WHEREAS, former City Director of Finance Paul Ellis, pursuant to Resolution No. 9-2015, adopted January 27, 2015, provided required assistance to the City and its Department of Finance on a temporary basis in an amount not to exceed Five Thousand Dollars ($5,000.00); pursuant to Resolution No. 33-2015, adopted April 14, 2015, provided the same or similar required assistance to the City and its Department of Finance in an amount not to exceed Five Thousand Dollars ($5,000.00); pursuant to Resolution No. 100-2015, adopted November 24, 2015, provided the same or similar required assistance to the City and its Department of Finance in an amount not to exceed Five Thousand One Hundred Dollars ($5,100.00); and pursuant to Resolution No. 27-2016, adopted April 26, 2016, provided the same or similar required assistance to the City and its Department of Finance in an amount not to exceed Five Thousand One Hundred Dollars ($5,000.00); and WHEREAS, this Council supports engaging Mr. Ellis to continue to provide assistance to the Department of Finance for the necessary projects in an amount not to exceed an additional Five Thousand Dollars ($5,000.00). NOW, THEREFORE, Be It Resolved by the Council of the City of Richmond Heights, State of Ohio, that: Section 1: The Mayor is authorized to enter into an agreement with Paul Ellis to continue to assist Finance Department of Finance on a temporary basis in an amount not to exceed an additional Five Thousand One Hundred Dollars ($5,000.00) under the other terms of the current agreement with Mr. Ellis. Section 2: The Director of Finance is authorized and directed to appropriate to a proper account a sum sufficient to cover the cost of the contract authorized in Section 1 of this Resolution. Section 3: It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section 4: allowed by law. This Resolution shall take effect and be in force from and after the earliest period PASSED: APPROVED: David H. Roche, Mayor {02312796-2}
ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council {02312796-2} 2
RESOLUTION NO.: 19-2017 INTRODUCED BY: Mayor Roche and All of Council A RESOLUTION STRONGLY OPPOSING THE OHIO GOVERNOR'S PROPOSED 2017-2018 BUDGET, WHICH PROPOSES CENTRALIZED COLLECTION OF NET PROFIT TAX RETURNS AND OTHER PROVISIONS RELATED TO MUNICIPAL INCOME TAX WHICH WILL CAUSE A SUBSTANTIAL LOSS OF REVENUE NEEDED TO SUPPORT THE HEALTH, SAFETY, WELFARE AND ECONOMIC DEVELOPMENT EFFORTS OF OHIO MUNICIPALITIES AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and Council have been advised of a proposal by Ohio Governor Kasich and his administration to institute a state-operated program for the centralized collection of Ohio Municipal Income Tax; and WHEREAS, the proposal for a state takeover of collection of the municipal income taxes of municipal corporations such as the City of Richmond Heights is a clear attack on the home rule powers granted to municipal corporations by the Ohio Constitution; WHEREAS, this proposed language also includes a provision that would eliminate a portion of the sales factor, known as "throwback", substantially reducing reportable tax revenue to municipalities of warehouses, distribution centers, and any business providing online sales; WHEREAS, the City of Richmond Heights strenuously objects to this latest attack on municipal home rule under consideration by the State of Ohio and urges all municipal corporations to make it clear to the Governor and General Assembly that this proposed usurpation of constitutionally-granted local municipal authority shall not take place without a vigorous challenge by affected municipal corporations; WHEREAS, the recent reduction in the Local Government Fund, elimination of t h e Estate Tax, and accelerated phase-out of promised reimbursement for loss of revenues due to the repeal of the Tangible Personal Property Tax have all resulted in a loss of millions of dollars of necessary revenue to the City of Richmond Heights and most municipalities across Ohio; WHEREAS, municipalities have provided, and will continue to provide, the personal service and assistance to its taxpayers in the preparation and filing of their tax reports and returns; WHEREAS, only municipalities can ensure the prompt and proper auditing of local tax returns to ensure all applicable deductions and declarations are reported, thus also ensuring that all taxpayers pay their fair share without causing higher costs of compliance for all, and {02313877-2}
must be able to do so without burdensome and costly restrictions included in the Governor's budget proposal created with the only purpose of restricting municipalities from correcting and/or auditing business return filings or making assessments; WHEREAS, provisions in this proposal will hamper municipalities' ability to audit and correct municipal income tax business returns, to equitably enforce the municipal income tax laws and have been crafted as a vehicle to control the administrative process of municipal income tax to the benefit of specific taxpayer interests; WHEREAS, the municipal income tax is the single largest revenue source to local governments and which provides essential municipal services, promoting a positive quality of life that residents and businesses alike rely upon, and any forced reduction in this revenue will have a negative impact on residents and businesses, creating an environment detrimental to retaining and attracting business in Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond Heights, State of Ohio that: Section 1: The Ohio General Assembly should request the immediate removal of all language pertaining to municipal income tax collection and administration, and should promote upcoming changes to the Ohio Business Gateway as a solution for businesses to file municipal income tax returns in a more simple and efficient manner, with the Ohio Business Gateway continuing to act only as a portal to remit payments and filing information directly to municipalities, and not to the Ohio Department of Taxation for processing. Section 2: The Clerk of Council is instructive to immediately send certified copies of this Resolution to the Ohio Governor John Kasich, and the State Representative and State Senator serving the City of Richmond Heights, as well as the President of the Ohio Senate and the Speaker of the Ohio House of Representatives. Section 2: It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section 3: This Resolution is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare and for the further reason that the City must maintain revenue levels without threat of assault via legislation proposed by the Ohio General Assembly; therefore, this Resolution shall be in full force and effect immediately upon its adoption by Council and signature by the Mayor. PASSED: APPROVED: David H. Roche, Mayor {02313877-2}
ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council {02313877-2}
RESOLUTION NO.: 20-2017 INTRODUCED BY: KUMIN A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT FOR PARK BENCHES WITH PLAY AND PARK STRUCTURES. WHEREAS, the Director of Recreation and this Council s Committees have recommended to the Council as a whole the purchase of new synthetic park benches; and WHEREAS, the Director has obtained quotations for the benches and found that a company known as Play and Park Structures provided an advantageous quotation to the City for this purchase; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond Heights, State of Ohio, that: Section 1: The Mayor is authorized to enter into an agreement with Play and Park Structures for the purchase of park benches as proposed to the Director of Recreation and to this at a cost not to exceed $5,200.00. Section 2: To the extent necessary, the Director of Finance is authorized to appropriate to a proper account the amount necessary for the agreement authorized in Section 1 of this Resolution. Section 2: It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. {02313929-1}
Section 3: This Resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED: David H. Roche, Mayor APPROVED: ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council {02313929-1} 2
RESOLUTION NO.: 21-2017 INTRODUCED BY: LENTINE A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH STRYKER MEDICAL DIVISION TO PURCHASE ONE POWER-LOAD COT SYSTEM AND ACCESSORIES. WHEREAS, protecting the health, safety and welfare of the citizens of the City of Richmond Heights is a basic function of municipal government requiring full attention; WHEREAS, due to new EMS standards designed to increase safety and reduce injuries, all new ambulances must be equipped with patient cot loading systems; WHEREAS, the Division of Fire has requested and the Council s Safety Committee has recommended the purchase of a Power-LOAD cot system at a cost not to exceed Forty Five Thousand Dollars ($45,000.00) for the new 2017 Ford F-550 4X4 Life Line Custom Superliner Type I ambulance scheduled for delivery in August of 2017; and WHEREAS, Stryker Medical Division of Portage, Michigan is the sole source of the aforesaid cot system which is the only system that the Ohio Bureau of Workers Compensation will provide a grant for the partial cost of the system to the City and also the system that is in the City s other ambulance permitting the interchangeable use of either ambulance for the type of cot used in that system. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond Heights, State of Ohio, that: Section 1: The Mayor is authorized to enter into an agreement with Stryker Medical Division for the purchase of one Power-LOAD System, one Power Pro Ambulance Cot, and related accessories for the Division of Fire at a total cost not to exceed $45,000. Section 2: The Director of Finance is authorized to appropriate to a proper account the amount deemed necessary to cover the cost for the purchase of the equipment as set forth in Section 1 above. Section 3: It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section 4: This Resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED: David H. Roche, Mayor {02314450-1}
APPROVED: ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council -2- {02314450-1}