Glass City Jungle

This was a very long Agenda Review so I did not include the additional text from the legislation to cut down on the amount of text for this post.

In Attendance: Collins, Craig, Ludeman, Martinez, McNamara, Steel, Webb, Ashford, Brown were present when the meeting began. Copeland, Sarantou and Waniewski were not.

1 – Amend TMC Sec. 1905.14 to change allocation of 3/4% income tax from 1/3 CIP to discretion to CIP
2 – Resolution – Submit question of 3/4% income tax allocation modification to electors for May 4 ballot

Toledo City Law Director Adam Loukx went first with these two items since he had a court hearing. This will have to passed at the Council meeting of February 16th to meet the Board of Elections deadline of February 18th.

3 – Amend TMC Sec. 1905.031 to add 1/4% income tax for Police, Fire, other Safety Dept. responsibilities
4 – Resolution – Submit question of additional temporary 1/4% income tax to electors for May 4 ballot

Same thing it needs to be passed on Tuesday.

McNamara said the difference between this and what was the former “Safety First” is that Council and the Mayor would have discretion as to where the money goes. He said there was a ceiling, but that ceiling is potentially the total amount that the 3/4% income tax takes in, Loukx confirmed that to be true. McNamara said with the Toledo Public Schools deciding today to put their own 3/4% income tax issue on the ballot there were potentially three tax questions on the ballot, so they need to be thoughtful and stragetic, he thinks number one is a no brainer, but he’s concerned if a tax increase does not pass, it could get muddled with other questions. He thinks that given that one has the potential to create more money than three, that is where they should be concentrating the resources.

Sarantou thinks 1 and 3 are far reaching and serious matters he proposes that the Finance committee has a hearing on these two items so that answers are given from the administration and that they have a full vetting, he wants it at Tuesday at 1:30. Collins asked if it would be more appropriate to have this as a Committee of the Whole? Sarantou said he’d have no problem with that, he thinks they need to have a hearing on it. Brown wasn’t sure if they needed immediate consideration or SEP, Dendinger stated they don’t need to make that recommendation today, it can be done on Tuesday, Council could do suspension, emergency, consideration.

Webb wanted clarification on McNamara stating that TPS voted to place an income tax levy on the ballot. That was confirmed, she said she needed to make a statement on the record on this, that she had personal experience with what she has seen as a complete breakdown between the City and TPS in communication with the Longfellow issue. She thought that was a problem with the Finkbeiner administration, their decision today tells her they are not willing to cooperate and work with us. She wanted Herwat to reach out to them, she agreed with McNamara that this would muddy the waters for starters, it tends to recognize the larger problem, that if the City of Toledo, if our sink ships so do they and if their ship sinks, so does ours that we are inextricably linked and there needs to be communication. She is sincerely disappointed with TPS’s decision today. She wanted the administration to come prepared to talk about the communication with TPS at the Committee of the Whole. Webb said there were statements made publicly by the administration basically indicating that unless concessions were received (by the unions) either a) remove the ballot language or b) encourage voters to vote against it, which is it? Herwat said that the Mayor has stated that he would remove the measures from the ballot.

Steel said he was going to ask some of the questions Webb did as to coordination with TPS, and if that has not taken place he’s also disappointed, clearly their futures are inextricably linked, but he thinks that the decisions the voters make will be closely linked on these issues. He echoes Webb that he hopes there are very high level conversations between the two administrations as to how this is going to be communicated to the voters. Waniewski arrived – he had a question for Loukx have other tax measures been looked at, what was the process for this. Loukx said he believes the administration can answer that better, this is the only one he is working on at the time. Waniewski asked for the timeline on the concessions. Herwat said they are committed in presenting options for a balance budget to Council on March 1st that will include concessions or no concessions.

McNamara asked if the Mayor can pull a ballot issue without Council approval? Loukx said that’s a valid question, he is going to look into that. Ludeman wanted to know when the implementation date would be, Loukx said June 1st to be able to gain any benefit in 2010. He then had a question for Herwat, since he just heard about the TPS, he wanted details as to how they are going to implement that, Toledo has a variety of school districts, he’s not sure how they are going to implement that, but if it would only be Toledo residents who lived in a Toledo Public Schools district that places a large burden on residents, he’s flabbergasted.

Ashford said he had a couple of comments for his colleague, he doesn’t think putting the tax levy on in May or in November is going to be tough. He said if you have any questions concerning the decision TPS made it’s a two way street, we could pick up the phone instead of pointing the finger, we need to take a stronger initiative in keeping the open communication and eliminate the bad atmosphere of the previous administration. He wants to make sure tax payers have the opportunity to vote on it and they’ll make their decisions at the ballot box.

Steel said he had a conversation with school board, the administration is taken care of through the state, and it would impact those who live in the Toledo City School district. Brown said something but she was not near the mike to hear what she said. Ludeman said those that live in the Toledo School district who work narrows the piece of the pie that don’t pay payroll income tax.

Accept CJCC Violence Against Women Act grant for Police Domestic Violence Unit, $28,469

Funds used to pay for a temporary clerk to assist the unit in compiling records and reports required by law and do follow up investigations there is no cash match but an inkind match of patrol officers that’s a little over $9,000. It’s similar to the previous grant. SEP.

Amend TMC Sec 313.12 to immobilize & impound vehicles for unpaid red light/speeding photo enforce

Lourdes Santiago this gives the City the ability to immobilize and impound under their civil enforcement.

Amend TMC Sec 303.08 to immobilize & impound vehicles for unpaid red light/speeding photo enforce

for two or more they simply authorize this, the actual procedure is not before council on this that is a policy procedure that would be worked out for the police. Collins said the policy from the police department needs to be made available to them before they vote on it since part of it is related to the economic circumstances, the policy goes to quality of life issues. That needs to be reviewed in tandem, so they understand the consequences and the unintended consequences.

Webb when one is issued a red light citation for speeding, they are brought to a quasi type environment where they can challenge it, but if they don’t respond in any fashion there is no way we can bench warrant them, but then we make a determination to refer to collection, are they reporting to credit reporting agencies? The administration nodded, she said her issue with that is that she gets that Toledo needs to collect but if we are dinging their credit score, and now we are going to impound their cars? If someone does not pay because they don’t agree with the process or whatever, we are impacting their insurance, mortgage, job, etc. She felt Collins point about the policy becomes important. She said there is already a process in place, the legislation is to add a piece to that procedure which is giving the police the ability to impound or immobilize, there is a civil procedure in place. Webb said she understands the process, if we are going to step this thing up and impact people’s ability to get to their jobs, their doctor’s appointments, that the citizenry has a reasonable expectation of knowing what the process is. Webb asked that this be referred to committee and that this be discussed in more detail. Webb wanted to know what the standard practice is in other cities?

The Lt from the police department said it would be affecting credit scores, but by the time it gets to them that’s already happening other cities target from three to five, Redflex is going to send out letters to these people, it’s 1,700 pages of delinquent who will get letters and then they hope the media will cover it. Ludeman said he was here when the original red light ordinance came forward, it was based on safety, not a revenue generator. He said the speeding factor was then added, Ludeman said this has gone far from the safety issue to a revenue issue and he is struggling with that, it has strayed from the original intent. He also fears adding this will create another constitutional challenge and then the intersections become a safety hazard again. Santiago said at some point people realize they don’t have to pay their fines they will ignore the cameras, if the penalty can never be imposed, the behavior will continue. Ludeman said there are lots of people who are making decisions as to what they can afford to pay or not pay, maybe the idea would be to lower the fine, it is higher than it originally was.

Martinez agrees with a committee hearing, he has issues with this as far as how many millions are outstanding to him it seems as if it’s a civil disobedience issue, there is a process involved but it appears its not worth it for people to fight it.

Sarantou said this issue is controversial, facts are less people are running red lights, which is part of the reason the budget amount is far off, the other question in his mind is they only have 44% compliance what do you tell the people who have sent their checks in, it is a slap in the face to them. We are just going to let people get away with not paying fines, it’s obvious the credit reports are not working, he thinks people will pay up if they have their car booted, they are owed over 5 million dollars that is owed to us. Toledo Police put the boot on cars recently, one huge fine was paid by an attorney, we have to run a business here, how can we go ask citizens for more money when we don’t collect fines and money that’s owed on income taxes. Either we need to do that or take the easy way out and raise taxes.

Collins said the City is not going to get 5 million dollars, money will go to Rediflex, we only get a little over 50%. He said Sarantou’s point is well taken but he doesn’t want people to think we have a pot of money that we don’t.

Craig agrees with Sarantou, if people are into us for two or three red light violations the system is not working, they are not deterred one bit because they’ve done it again and again. Running a red light is potentially more hazardous than any other traffic violation. He doesn’t look at this as revenue enhancement this is enforcement. Maybe going without their car for a day or two they’ll stop running red lights.

Brown said they are always criticized for not making a decision and they wait and put things off, they make the administration make all the decisions and they sit back and be the naysayers, if you run a red light you pay your ticket, she’s seen too many people almost get killed, they need to stop making excuses for people running red lights and a right to kill people and she’s not going to give them that right. Herwat said they did not include an emergency clause so that they could do a public information campaign to give the public an amnesty period of 30 days. Collins asked if he was safe to assume they are going to put a number in the budget, Herwat said 1.2 million dollars, which means they have to have that approved, they have a CJL commitee scheduled for March 4th, should they move that up to the 18th of February. He wanted to know if they could have a physical policy that they can look at by then? The Lt said he could, Collins said right now there is no real procedure in place. Santiago said there was that this was just adding an additional step. February 18th 10:30 a.m. as a Committee of the Whole.

Accept DOJ Violence Against Women Act grant for assistant prosecutor for domestic violence, $8,660

This is a regular renewable grant that they have had for ten years. SEP

Agreements with 3 legal firms for collection of delinquent income taxes and other receivables,1 yr +opt

Mr. Bishop from Administration proposed a contract with three legal firms for income tax collection. 8 firms responded to the RFP, three were local, they chose the three local ones, they’ll get 20% post judgment referrals. They are also implementing their own inhouse garnishment program. In the past year in a half they have increased filing their complaints now they sued 3 million a year in 2009 they sued over 10 million and they refer out post complaint cases, last year they had two firms now they want three. A concern was raised about the IRS the potential for blowing that relation up is a reality, so in this case when they say post judgment it’s been through the Stacks unit, it’s been through the courts, does not hurt their relationship with the IRS as long as they do not give social security numbers and bank accounts. Collins asked what other municipalities charge Bishop said most of the other cities do pre-judgement which was 33 to 40% to not to exceed 20%. All three legal firms are in the collection business. He’s not satisfied with the level of information council is given when these contracts came forward, they don’t know who the other companies are, they don’t know what the bids were. He wants to have more information than just “here is who we want to give contracts to.”

Collins said for the record 6 minutes after they started Waniewski came in to the meeting. Bishop said they file more in a day than they used to in a week on those who have not paid income tax. Bishop said he can list the firms, (he didn’t state them clear enough to provide the names, I’d have to guess at the spelling). Bishop said he wanted to see Toledo vendors doing the work, it’s not to say they are not good firms, if they had additional ones needed to send out to vendors, if they wanted to farm out to one of the collection firms they could consider that. Sarantou commended him for buying local. Collins wanted to know the dollar amount, Bishop said they have in excess of 24 million dollars in outstanding income tax owed. Collins said that has increased 2 million dollars owed in 12 months.

Brown said within the last month they terminated a contract with one of these groups, Bishop said not in the tax department, Brown thought it was Burke, Bishop said not with the tax department that could be with the water department. They’re level of collected of judgments are 20% Brown said if they move they should find out where they are and that she thinks these companies are taking them to the cleaners, Bishop said the rate of collection is half of what it was. Steel said people moving is a strange excuse given today’s technology it’s hard to not find someone if you want to find them. Collins thanked McLean and Bishop for finally doing this because they are punishing the honest person by not going after the ones who owe money. Ludeman asked when we hire these firms no matter what for, does the city check their backgrounds to make sure they don’t owe taxes or red light, Bishop said it is not business as usual in the tax department.

Amend TMC Sec. 1307.08 to adjust plan review fees for Building Inspection

The current fee does not differentiate for larger or more complex projects, this would lower fees on smaller projects and raising fees on larger projects, it will bring the City in line with the State’s recommendation for fees. There was a chart that summarized the changes. Plan fee for commercial structure would be reduced to $75.00 and add a 3 cent per square foot fee. He used the example of not charging the same amount to a 10,000 ft grocery store that you would a million square foot casino. Waniewski asked how many inspectors we have, he was told 8. At the present time they are on a one to two day schedule for inspections. He wanted to know are they increasing the costs or decreasing the costs, Zervos said it reduces fees for a majority of projects, not all projects. Waniewski said they are not lowering, they are increasing the fees for much of it. It affects your whole package but not the building permit fees.

Martinez said this would make it more equitable for larger projects. Herwat said the Division of Building is looking at creating an enterprise fund so that the revenues received would go into a dedicated funds to fund operation and a surplus would be a small rainy day fund for them, they anticipate coming to council with that later in the year. Steel said there was a consultant hired years ago to see if the County and City could combine (from the laughter I think Herwat was the consultant – conflict of interest?) Herwat said they are still looking at a combined entity and the fee structure would be similar. SEP.

Issue Notes for 2010 Assessed Services Program, $23,900,000
Street cleaning, snow removal, etc. They borrow for this program, they do this work with the borrowed money and they assess it to the property owners, next year and in 2012 the money comes in from the homeowner. SEP

Temporary appropriation for March 2010, all Funds, $44,053,361

19.1 million is for the General Fund, Steel said that is significantly over what the General Fund revenue will be and he wants to continue his problem with this taking place, this is the same number that was requested in February. It is still out of wack and is contributing to a massive deficit problem that we can’t get a handle on. How can this continue to be requested instead of adjusting down to what our revenue estimates will be. Herwat said he appreciates his concern, they could go through an analysis or work as they have been to try to finalize the draft budget, they have chosen to not address resources to the temporary budget, they’ll have their budget on March 1 that will be in line then. Sarantou said they have to pass it, he asked if this was the same number as last month, he was told it was. Sarantou said he’s comfortable with this since the administration has said they are going to give us numbers March 1st.

Steel said there is an attempt to paint this as a maximum amount, it is the minimum amount we are allocating, he understand the nuance as far as additional expenditures in the Mayor’s office it’s harder to swallow this administration is bringing expenditures in line with revenue when Council has tactically allowed this to happen. He is not comfortable doing this every month.

Collins said to Herwat we have to look at every department’s budget, and they have no end game in sight as to when they are going to see a budget. We would have never let this happen before to let an administration walk in at the last hour. He said Sarantou was adamant in 2008, you were adamant in 2009, on January of 2009 it was you that pushed the budget be pushed and five of them said it was nothing but a book of fiction based on mathematics. Now we sit here on February 9th at a nuclear event, he does not understand why Sarantou is not saying anything and demanding anything. Collins said you can say all you want that you just took office but you knew on the 5th of November were you were going to be in January. What are we going to tell neighborhoods? We don’t know anything but we’d like to hear what you have to say. We can talk about red light cameras, when are they going to see a budget?

Sarantou said the administration told him yesterday that they would be submitting a revised budget on March 1st, it’s up to the administration, then they will schedule hearing as soon as possible, he said the CSI committee is working diligently, they are working on conclusions. Collins asked when they had their first CSI meeting, Sarantou said two and a half weeks ago and they have had five or six meetings. Collins said the CSI commitee doesn’t have the same responsibilities Council has. Herwat said they are finalizing expenditures and they are still evaluating the income tax revenues. They still don’t know what the deficit is from 2009, and they are going through line by line the budget they inherited and looking at charging parts of services such as Herwat’s salary to other funds. He said they will have non-personnel cut numbers by the end of the day and a position control number, they have identified without a vote of the people or concessions 25 million dollars in reductions – they are at a position right now the document will have a plan to get the 44 million dollar plan to an 18 million dollar plan.

Expenditure to Waste Management for 1st qtr. 2009 recyclables, $53,615 Solid Waste Trust Fund

Ashford wanted to know why we were paying them? This was incurred when the bottom dropped out of the recycling world, they had to pay to get rid of it. He also wanted to know if this charge was accurate. The person from the administration said he went through the invoices and it’s accurate, they were charging 30 dollars a ton, Ashford said they were making money off of us and then they shipped it somewhere to make money. The bill is only for 1st quarter, they are currently in negotiations with another company. This is the only bill for Waste Management. As the markets rise they will stop paying, they are still paying. Ashford said that this goes back to what Steel said when it came to contracts, that there should be some fine print in this.

Steel need clarification, the administration said they take the recycling, separate it and finds a vendor, then he said Waste Management only transported, the contract for the new one is for all the costs, they are not up far enough in tonnage to have their own Merf? County doesn’t have one either. We have 1,000 tons we’d need at least 3,000 tons. Since we are paying to get rid of that stuff it’s not really a good deal. Two thirds of the carts have been deployed. Steel said that if we are getting to the point that a local Merf would be feasible wouldn’t it make sense to wait. Steel wanted to know if we are going to get close enough to have the tonnage, if they get the tonnage people would be knocking down our door said the administrator. The administrator was not sure if we would get to 3,000 or not. They have had discussions with the County on combining waste streams to get to the Merf.

It’s costing $30.00 to get rid of the recycling and only $6.50 for tipping, but we have to have a recycling program to meet EPA requirements, and it extends the life of the Hoffman land fill. The administrator said it was going to cost close to $250,000 to dispose of the recycleables for 2009. SEP.

Appropriation for security project at Water Low Service Pump Station, $960,000 Water Bond Fund
Part of the vulnerability study done several years ago. They have already completed it for the main part of the water service.

Martinez asked if this was an absolute requirement, the administrator said yes, that after the terrorist attack it was needed to make sure the community’s water supply was safe, they have some security but not the way it should be. Martinez asked if any law enforcement agency asked about the safety of this? It was stated was the Homeland Security suggested this and the administrator thinks it’s better to be safe than sorry, the low pumping station is the weakest link in the water system. It’s felt this is an essential project for the water distribution system as a whole. Webb said to her this is an essential service that they need to take seriously. That they have had law enforcement tell boaters what to look out for especially related to terrorists and the water intakes. If you can have a terrorist attack over Detroit, you can have on at a water treatment plant. Ludeman said he remembers in the weeks following 911 he remembers law enforcement deployed at the water facilities. He’d rather spend the money here and feel safer and keep the police officers doing what they need to do. Ashford said First Reading (they were looking for SEP).

Appropriation for asbestos and lead removal at Bay View Water Reclamation,$100,000 Sewer Repl Fd

This is a requirement of doing any construction at the plant, they have had safety concerns related to employees in the past related to asbestos removal. Martinez said his only concern is this necessary now, is this equipment in working order? Is this the most prudent use of these funds? (There was some laughter) It was stated the problem they have if they are doing construction this has to be re-mediated before they can touch piping or ventilation. They need to know where the expanse of what they are dealing with. They’d take it as first reading. Webb said her husband is an asbestos worker and this can lead to conditions that can kill people, if they are knowingly aware of these conditions and let our employees work there that is a huge problem. They need to be aware and eradicate it. Ashford agreed this was a safety issue and asked about it not being remediated properly before. It was explained it looked like fiberglass, they had people remove stuff that they thought was fiberglass and the elbows were actually asbestos, they had everyone checked out and they were alright but they don’t want to get into that again. It was given SEP.

Collins asked about the CoGen plant, he was told it was up and operating and was 2 to 2 and a half meg power a day, they had some problems with the heat recovery unit, they have that under control, the main commissing person from Solar Turbine had a stroke and a heart attack at the plant, due to the fast action of the people around him he’s not paralyzed, he’s in intensive care, they are making power and they have a contract in place for the actual operations.

It was suggested that Council members who had not been out there, go out there. They will work through the Council President and her age but he encourages everyone to come out and tour it.

Appropriation for purchase of Walking Excavator for Sewer&Drainage Services,$350,000 Swr & Storm

Don Moline is back with the city he was there for this item to help talk about a walking excavator that they had pictures for. It replaces several pieces of equipment. Steel asked if there was a contract with an outside firm since we did not have the equipment to do this, it was confirmed that yes that this equipment would allow them to get into backyards and alleys. There was no exact number of the savings but it was estimated at $500,000 in savings to use this versus outside contractors. It was stated that in addition they could contract out the equipment and the workers on the weekends to do storm work for the county. It can clean ditches and they are going to get a dredging bucket for it. Craig jokingly asked why it costs so much since it looks like a transformer, it was stated that’s what they are going to call it. Sarantou wanted to know if anyone rents this equipment out, it was stated locally we are the only ones, she went to Lakeland Florida to see it. They have a problem with ditches and stormwater, Sarantou asked how long it would take to pay this off, it was stated quickly, more quickly if she could rent it out. Sarantou asked what the warranty was. Ashford asked if the other equipment was working, it was stated no, each one had mechanical issues. Ashford asked when it could be here, she said six months once Fleet gives the PO. Moline said he would work with the department of public service if Council does this quickly, he will get the fleet folks on board with this to get it here as quickly as possible so they can reduce the contracting out. This was given SEP.

Second reading items:
Contract for SAP Superuser consultant for DPU’s CIS system, 3 years

Waniewski had questions on this item – this is not a part of the ERP program they have a team of professionals that will be working on both systems. A previous contract provided for that, they do need people no matter the department to provide basic services, the superuser at the department of utilities is looking to see if there is anyone who can provide the services since the current contract is expiring. Waniewski wanted to know if we had a programmer why they were not the superuser. The superuser has configuration, security work and Basis, the person for DPU does this with the exception of the programing. The cost would be $100,000 to $150,000 a year, it comes from the Department of Utility Funds. The ordinance for the ERP will come partly from CIP and the rest from the General Fund. Waniewski said they appropriated $450,000 last week, if the person can not also perform programming they are not his idea of a superuser. He thinks they should hire someone on the City side that can do the programming too. It was stated when you request a programmer you get a programmer it is a specialized system and these people to go school for years to learn it, that’s all they know. The city contracted out for all three services and that was more expensive and they think they can do it cheaper with the superuser then contract out for the programming. Waniewski said he wishes they could put this together, they have to consolidate their IT they have a different system at Muni Court as an example. It was said they want to cross train on some of the basic issues.

Ludeman asked how much the superuser was paid in 2009, it was thought it was over $200,000 but they were going to give him a referral.
Appointment – Toledo City Plan Commission

Establish Toledo Dog Policy Advisory Task Force
Steel referenced the letter from the Mayor to the Lucas County Commissioner, he was concerned about the limited scope that the letter references, they wanted to look at all parts of it even the contractual aspects of the Dog Warden office.

Claims Settlement – Dwayne Morehead for termination, $300,000 Risk Management Fund
Claims Settlement – Perlean Griffin for termination, $150,000 Risk Management Fund

Ordinances were amended to take out the re-employment aspect of both settlements.

Resolution – Request advances from Lucas County Treasurer and Auditor offices
Contract for banking services for 3 yrs. with Fifth Third Bank as depository and KeyBank as custodian

Appropriation for building stockroom in maintenance garage at Water Reclamation, $371,210 Swr Rpl

Martinez wanted a hearing on this since he wanted to learn more on June 23rd, he then corrected himself to February 23rd. Webb stated this would be something that Ashford would have to determine. Ashford said he was already committed on that date, he suggested that Martinez put in a referral then he asked Webb, she said she thought it would be good to have one since questions have been raised not on the narrow topic of this legislation. Ashford said this is a second reading item, now they are on the verge of voting, he will get back to them with a couple of dates, Martinez then asked to hold the legislation. Herwat said this could be held for two weeks.

Contract with Lott Industries for seasonal & temporary positions for Public Lands Maintenance, 2 yrs

Webb said they were given assurances that the adminstration would reach out to Local 7, she has learned that has not taken place, and she asked Herwat to express her displeasure with Mr. Garvin on the lack of communication.

Vacate alley bounded by Fulton, Batavia, Putnam and Columbia St.

Resolution – Recognize Toledo Board of Realtors 100th anniversary

Resolution – Establish guidelines for economic development and job creation grant from FirstEnergy
McNamara said this will be asked for a committee meeting, First Energy had a different idea of what the money would be used for so they are going to discuss this.

Ludeman asked about the secondary street plowing – Herwat said they are mobilzing the sister units to hit side streets, they are going to have significant drifting and they anticipate bringing in private contractors. They’ve had a plan in place since Saturday. It’s being stated it will probably not be till Friday or Saturday when all the streets are plowed.