City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM AUGUST 17, 2009 ROLL CALL: Ten Council Mem bers Present (Mem ber Sm ith Absent) INVOCATION: Jam es Griffin, W ard 3 Council Mem ber PLEDGE OF ALLEGIANCE: Led by President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add R#47, 1 st Rdg O#7 & O#9 and 2 nd Rdg O#11 - O#16; O#7 & O#9 Adopted on 1 st Rdg; O#15 Adopted on 2 nd Rdg; O#18 & O#25 Adopted as Am ended; O#21 & O#22 Referred Back to Com m ittee) PUBLIC HEARINGS: (None) PUBLIC SPEAKS (ORDINANCES OR RESOLUTIONS FOR ADOPTION ONLY): Debra Fram e re: Explaining what she learned through the process of trying to obtain the lot nearby her property; Matthew Fram e re: Expressing that he is very proud of his wife for everything she has done. Also stating that he and neighbors still have som e questions regarding the developm ent in their area and that he has signatures of those that are opposed to it. INFORM AL RESOLUTIONS: MAJORITY LEADER DON CASAR: EXCUSING MEMBER. MEMBER SMITH 46. COUNCIL-AS-A-W HOLE: GIVING SPECIAL TRIBUTE AND COMMENDING W ARD 9 COUNCIL MEMBER JOE CARBENIA. - ADOPTED 47. COUNCIL-AS-A-W HOLE: NOMINATING AND ELECTING DAVID R. DOUGHERTY AS FIRST VICE PRESIDENT. - ADOPTED COM M UNICATIONS: 346. AUDITOR MALLONN: CERTIFICATE OF AMT FROM ALL SOURCES FOR 2009. - RECEIVED & FILED 347. AUDITOR MALLONN: MONTHLY RPT BY FUND 7/1/09 - 7/31/09. - RECEIVED & FILED 348. AUDITOR MALLONN: YEARLY RPT BY FUND 1/1/09 - 7/31/09. - RECEIVED & FILED 349. AUDITOR MALLONN: REQ AUTHORIZATION TO ISSUE BONDS TO REFINANCE THE 1998 CITY PENSION REFUNDING BONDS & 1999 CAPITAL PROJ BONDS. - FINANCE COMMITTEE 350. CANTON FIRE DEPARTMENT: 2008 ANNUAL RPT. - RECEIVED & FILED 351. CASAR, D., MAJORITY LEADER: REQ $4,800.00 APPROP REDUCTION FR: 1001 601001 MEALS, LODGING, PLANE TO: GENERAL FUND. - FINANCE COMMITTEE 352. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO A LEASE AGMT W /STARK CNTY ED SVC CENTER FOR LEASE OF 2 CLASSROOMS LOCATED W ITHIN THE EDW ARD L “PEEL” COLEMAN COMMUNITY CENTER RETRO 9/1/09 - 6/30/10 AT THE RATED OF $3,000.00/MONTH. - COMMUNITY & ECONOMIC DEVELOPMENT & FINANCE COMMITTEES 353. DEVELOPMENT DIRECTOR TORRES: REQ $749.23 SUPP APPROP TO YOUTH DEVELOPMENT DONATION FUND FOR DONATIONS REC’D TO PURCHASE SUPPLIES & EQUIPMENT FOR YOUTH DEV PROG. - COMMUNITY & ECONOMIC DEVELOPMENT & FINANCE COMMITTEES 354. EGBERT, MARGRET, APPLICANT: APPLICATION FOR ALLEY VACATION OF SITES PL NE, LOCATED BETW EEN LOTS 1838 & 1831 FR: W ALNUT ST NE TO: REX AVE NE. - PLANNING COMMISSION 355. FINANCE COMMITTEE: REQ PLAN FOR A REVENUE DRIVEN BALANCED BUDGET BY 9/2/09. - RECEIVED & FILED 356. FINANCE COMMITTEE: THANKING COURTS FOR RETURNING $175,000.00 TO GENERAL FUND. - RECEIVED & FILED 357. HAW K, G., W ARD 1 CNCL MBR: REQ TO PASS LEGISLATION REQUIRING PUBLIC BLDGS TO HAVE AUTOMATED EXTERNAL DEFIBRILLATORS ACCESSIBLE. - JUDICIARY COMMITTEE 358. HEALTH COMMISSIONER ADAMS: RECEIPT OF ASSESSMENT OF CANADA GEESE POPULATION. - RECEIVED & FILED 359. LAW DIRECTOR MARTUCCIO: REQ $31,000.00 APPROP TRANS FR: 1001 753001 LAW DPT PERSONAL SERVS TO: 1001 753001 OTHER TO PAY OUTSTANDING BAL TO STARK CNTY PUB DEF. - FINANCE COMMITTEE 360. LAW DIRECTOR MARTUCCIO: REQ $30,000.00 SUPP APPROP FR: UNAPPROP BAL OF 1105 POLICE SETTLEMENT FUND TO: 1105 753001 LAW DEPT. - FINANCE COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - AUGUST 17, 2009 COM M UNICATIONS CONTINUED: 361. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF C1 C2 LIQ PERMIT FROM ID ABBOU INC DBA HALL OF FAME MARKET TO HALL OF FAME FUEL MART INC @ 704 SHERRICK RD. - RECEIVED & FILED 362. LIQUOR CONTROL DIVISION (OHIO): REQ D2 D2X D3 STOCK LIQ PERMIT FOR KD CLUB MANAGEMENT INC DBA THE SPOT @ 2600 8 TH ST NE & PATIO. - RECEIVED & FILED 363. MAYOR HEALY: REQ W AIVING THE RESIDENCY REQUIREMENT OF SECTION 737.01 OF ORC FOR APPT OF THOMAS REAM AS SAF DIR. - PERSONNEL COMMITTEE 364. PLANNING COMMISSION: RECOMMENDS APPROVAL OF PROPOSED RATE INCREASES CONCERNING ZONING DEPT FEES. - FINANCE & JUDICIARY COMMITTEES 365. PLANNING COMMISSION: RECOMMENDS APPROVAL TO VACATE SITES PL NE BETW EEN W ALNUT & REX AVENUES & THE REPLAT OF PROPOSED VACATED SITES PL & LOTS 1836 - 1838 (CANTON YW CA). - JUDICIARY & PUBLIC SAFETY & THOROUGHFARES COMMITTEE 366. SERVICE DIRECTOR PRICE: REQ SUPP APPROP FR: 5201 UNAPPROP BAL TO COVER INCREASED COST & USAGE OF W ATER TREATMENT CHEMICALS, BANK FEES, UTILITIES, EQUIPMENT MAINT & REPAIR, GRAVEL & ASPHALT (W ATER DEPT); REQ SUPP APPROPS FROM 5410 & 5601 TO COVER ANNUAL BANK FEES (SEW ER & SANITATION BILLING). - FINANCE COMMITTEE 367. SERVICE DIRECTOR PRICE: REQ $228,747.15 FR: 2113 MUNI ROADS FUNDS - UNAPPROP BAL TO: 2113 - 202001 MUNI ROADS FUNDS - ENG ADMINISTRATION FOR CITY’S SHARE OF MILL ST BRIDGE W /COUNTY & CLEV AVE RESURFACING PROJ. - FINANCE COMMITTEE 368. SERVICE DIRECTOR PRICE: REQ IMPLEMENTATION OF VARIOUS COST SAVINGS W HICH INCLUDE VARIOUS APPROP REDUCTIONS, TRANSFERS & INTERFUND TRANSFERS (DMV FUEL). - FINANCE COMMITTEE 369. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS FILED AS OF 6/30/09. - RECEIVED & FILED 370. TREASURER SCHIRACK: RPT OF PAY INS TO AMBULANCE LOCK BOX ACCT FOR JULY, 2009. - RECEIVED & FILED 371. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR JULY, 2009. - RECEIVED & FILED 372. TREASURER SCHIRACK: RPT OF TREAS OFC BANK RECONCILIATIONS & CITY’S OUTSTANDING INVESTMENTS AS OF 7/31/09. - RECEIVED & FILED 373. W EST, T., W ARD 2 CNCL MBR: REQ APPRAISAL, ACCEPT BIDS & OFFER FOR SALE PARCEL #02- 85878 (10 TH ST NE) AT PUBLIC AUCTION UNDER APPLICABLE OH LAW . - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND SEC 139.01 OF TITLE FIVE - ADMIN CODE OF CODIFIED ORDINANCES (BOARDS & COMMISSIONS) Referred to Judiciary Com m ittee 1 ST RDG 2. AMEND SEC 1701.01 OF PART SEVENTEEN - HEALTH CODE OF CODIFIED ORDINANCES (BOARDS & COMMISSIONS) Referred to Judiciary Com m ittee 1 ST RDG 3. AUTHOR MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /YW CA OF CANTON TO PROVIDE GRANT IN AMT NOT TO EXCEED $100,000.00/YR FOR THREE YRS FOR 1 ST PHASE OF GATEW AY HOUSE II PROJ; EMERGENCY Referred to Com m unity & Econom ic Developm ent & Finance Com m ittees 1 ST RDG 4. SUSPEND ALL TRAVEL UNLESS RELATED TO MANDATORY CERTIFICATION, LICENSING OR LEGAL PROCEEDINGS; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 5. AMEND O#193/2008, AS AMENDED, BY MAKING $769,000.00 SUPP APPROP FR: UNAPPROP BAL OF 6017 HEALTH & LIFE INS FUND TO: 6017 201001 SERV DIR ADMIN - PERSONNEL SVCS; EMERGENCY Referred to Finance Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - AUGUST 17, 2009 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 6. AMEND O#193/2008, AS AMENDED, BY MAKING APPROP TRANSFERS; EMERGENCY (HEALTH DEPT) Referred to Finance Com m ittee (COUNCIL RECESSED @ 7:56 P.M. FOR COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ADOPTION OF O#7; RECONVENED @ 7:58 P.M.) 140/2009 7. DECLARING 11 BLDGS TO BE PUB NUISANCES; AUTHORIZE SAF DIR TO ENTER INTO CONTRACT FOR DEMOS OF SAID BLDGS; AUTHORIZE CLERK OF COUNCIL TO CERTIFY COSTS OF DEMOS TO STARK CNTY AUDITOR; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 8. AUTHORIZE SERV DIR TO ENTER INTO CHANGE ORDER #1 W /NL CONSTRUCTION CORP, INC IN AMT NOT TO EXCEED $127,302.20 FOR ADDT’L COSTS RELATED TO CONST OF NEW COLLECTION SYSTEMS SVC CENTER & ADMIN BLDG; AMEND APPROP O#193/2008, BY MAKING SUPP APPROP; EMERGENCY Referred to Finance Com m ittee COUNCIL RECESSED @ 8:00 P.M. FOR PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE TO DISCUSS ADOPTION OF O#9; RECONVENED @ 8:06 P.M.) 141/2009 9. AMEND O#193/2008, AS AMENDED, BY MAKING SUPP APPROPS; EMERGENCY (CAPITAL IMPROV FUND) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 10. APPOINTING A BOARD OF EQUALIZATION TO HEAR OBJECTIONS TO THE PROPOSED ASSESSMENTS FOR FUNDING OF “PUBLIC SVC PLAN” AS ADOPTED BY DOW NTOW N SID & APPROVED BY COUNCIL ON 7/20/09; EMERGENCY Referred to Judiciary Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#11 - O#16; O#15 ADOPTED) 2 ND RDG 11. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (PARTS OF LOTS NOS. 827, 828, 829 @ 1372 MARKET AVE S) (JUD) PUB HRG 8/3/09 @ 7:33 P,M . 2 ND RDG 12. AUTHORIZE LAW DIRECTOR TO ENTER INTO PROF SERV CONTRACT W /RICHARD REINBOLD; EMERGENCY (FIN) 2 ND RDG 13. AUTHORIZE EDITING & INCLUSION OF CERTAIN ORDINANCES AS PARTS OF VARIOUS COMPONENT CODES OF CODIFIED ORDINANCES OF CANTON, OHIO; EMERGENCY (JUD) 2 ND RDG 14. RES AUTHORIZE LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS & INSTITUTIONS COPIES OF 2008 SUPPLEMENT TO CANTON CODIFIED ORDINANCES; TO AFFIX PRICE FOR SALE OF SAME; EMERGENCY (JUD) 142/2009 15. APPROV & ADOPT AN ALTERNATIVE METHOD FOR APPORTIONING FUNDING FOR SCOG FOR 2010 - 2019; AUTHORIZE MAYOR TO EXECUTE SAID AGMT; EMERGENCY (FIN) 2 ND RDG 16. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (OUTLOTS 1318 & 1319 ON COLUMBUS RD NE - CENTRAL ALLIED) PUB HRG 8/31/09 @ 7:30 P.M . (JUD) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 143/2009 17. AUTHORIZE MAYOR TO FILE APPLICATION W /HUD FOR CHDO FUNDS, EXECUTE GRANT AGMTS, & ACCEPT $250,000.00 IN HOME CHDO FUNDS TO EXPAND SUPPLY OF ENERGY EFFICIENT & ENVIRONMENTALLY FRIENDLY HOUSING; AUTHORIZE MAYOR TO ENTER INTO CONTRACT W /FREED HOUSING CORP IN AMT NOT TO EXCEED $500,000.00 TO IMPLEMENT GREEN HOME PROG; EMERGENCY AM ENDED 144/2009 18. ORDINANCE CREATING CHAP 1128, W INDMILLS & W IND TURBINES, OF PART ELEVEN - PLANNING & ZONING CODE PUB HRG 8/3/09 @ 7:30 P.M . 145/2009 19. APPROV & ACCEPT REPLAT OF LOTS 36333, 36328, & 36329; EMERGENCY (W EST OF HARRISON AVE ON 34 TH ST NW ) 146/2009 20. APPROV & ACCEPT REPLAT OF PARTS OF OUT LOTS 306, 307, 308, & 309; EMERGENCY (GATEW AY BLVD SE) REFERRED BACK TO CM TE 21. AMEND SECTION 105.10, PROFESSIONAL OR PERSONAL SERVICES CONTRACTS, OF CODIFIED ORDINANCES REFERRED BACK TO CM TE 22. AMEND SECTION 353.03, TIME LIMIT METERED ZONES; NOTICE; HRS OF OPERATION OF PART THREE - TRAFFIC CODE CANTON CITY COUNCIL AGENDA - PAGE 4 - AUGUST 17, 2009 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: 147/2009 23. AMEND APPROP O#193/2008, AS AMENDED, BY MAKING $45,000.00 APPROP TRANSFER; EMERGENCY (LEAD ASSESSMENT FUND/HEALTH DEPT) 148/2009 24. AMEND APPROP O#193/2008, AS AMENDED, BY MAKING $20,000.00 APPROP TRANSFER; EMERGENCY (W ORKERS’ COMP RETRO FUND) AM ENDED 149/2009 25. ADOPT CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR FISCAL YR ENDING 12/31/10; EMERGENCY 150/2009 26. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS, & ENTER INTO CONTRACT FOR LEASE OF SPACE LOCATED @ 215 W TUSCARAW AS ST; EMERGENCY 151/2009 27. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /JACK DOHENY SUPPLIES OHIO, INC./VACTOR MANUFACTURING IN AN AMT NOT TO EXCEED $299,464.29 FOR PURCHASE OF ONE VACTOR MANUFACTURING MODEL 2110 COMBO SEW ER CLEANING TRUCK; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, AUGUST 31, 2009 in Council Caucus @ 6:00 P.M . 1) Finance Com m ittee 2) Com m unity & Econom ic Developm ent Com m ittee 3) Judiciary Com m ittee PUBLIC SPEAKS: Patricia Kirk re: Stating that only 1% or our water is drinkable and we are polluting it and rain gardens are preferred over water retention ponds. Advising that on Thursday August 27, 2009 @ 6:30 at Church of the Savior Shake a Leaf will have inform ation on the two subjects and Malia W atkins from Stark Regional Planning Com m ission will give a presentation on what we can do about this; Angela Mitchell re: Thanking Mem ber Barton for his assistance with the stray cat issue in her neighborhood beside Deville Apartm ents and stating that the Anim al Control Officer has been very helpful. Also she tried to contact Deville to try to rectify the problem but they have not been respondent and she believes that they should be held accountable; Harold Friedm an re: Asking the Mayor to approach the President or Congressm an Boccieri for help for the safety of our City since our fire stations are being shut down; Jam es W illiam s re: Stating that he was asked by senior citizens in his area to speak about the fire stations closing. Also read affidavits from the neighbors about the benefits of having the fire station near by; Rosario Carcione re: Expressing his belief that his fellow fire fighters and the residents of the City of Canton are not safe due to the fact that the Mayor chose to lay off 15 fire fighters before laying off any seasonal or part tim e em ployees. Since the layoffs on Friday, the fire departm ent has been running with at least three engines and one m edic unit closed. Advising that the authorized strength of the fire departm ent is 203 fire fighters and right now the City is 47 fire fighters short, which places the City’s residence and fire fighters in danger. Urging the Mayor and Council to bring the 15 fire fighters back and keep our residents safe. M ISCELLANEOUS BUSINESS: Mem ber Cirelli, Mayor Healy, Safety Director Ream , President Schulm an, Mem ber Sm uckler Mem ber Hawk, Law Director Martuccio and Mem ber W est all discussing the lay offs of the 15 fire fighters and budgetary issues. ADJOURNM ENT: 9:35 P.M. HE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, AUGUST 31, 2009 @ 7:30 PM