City Council

COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -486- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. It’s good to see all of you here tonight. Before we begin our meeting I just want to say it’s a pleasure to have our Leader back. Leader Casar. Although he’s a little gimpy, he’s still the same old man we knew before he left. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call vote please, Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCILMEMBERS PRESENT: (DON CASAR, DAVID DOUGHERTY, MARY CIRELLI, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, TERRY PRATER, PATRICK BARTON, KARL “BUTCH” KRAUS & BRIAN HORNER) TWELVE COUNCIL MEMBERS PRESENT: CLERK TIMBERLAKE: Twelve present. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight’s invocation will be given by Council Member Terry Prater. Will you please all remain standing for the pledge of allegiance. The regular meeting of Canton City Council was held on Monday, September 14, 2009 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation was given by Ward 5 Council Member, Terry Prater, the Pledge of Allegiance led by President Schulman. PRESIDENT SCHULMAN: I wish Member Prater you had made that prayer before the joint session of Congress the other night, that might have had some affect on some of our Members. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We are now under agenda corrections and changes and Members of Council you’re going to be asked to suspend Rule 22A to add the 2nd Reading of Ordinances 14 through and including Ordinance 28. Leader Casar. MEMBER CASAR: Mr. President, I move Statutory rules be suspended, I mean the Ordinance Rule, Rule 22A be suspended on Ordinance #14 through including 28 for this evening’s agenda.. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend Rule 22A to have the Second Reading Ordinances 14 through and including 28. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -487- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 PRESIDENT SCHULMAN: Thank you, Madame Clerk. The motion carries. Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We are now under Public Hearings and there are no Public Hearings this evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks on Ordinances and Resolutions and we have no speakers signed up this evening. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are under Informal Resolutions and Leader the Chair will recognize a motion to adopt Resolution #42. CLERK TIMBERLAKE: Resolution 49 PRESIDENT SCHULMAN: 49, I’m sorry. # 49. CASAR, D., MAJORITY LEADER: NAMING THE NEW FIRE STATION @ 25TH ST NW & CLEVELAND AVE NW “JOE CARBENIA MEMORIAL FIRE STATION 4”. - ADOPTED MEMBER CASAR: Mr. President, I move we adopt Resolution #49. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution #49 which I know is near and dear to all our hearts. Are there any remarks? LEADER CASAR: Mr. President. PRESIDENT SCHULMAN: Leader Casar. LEADER CASAR: I’d just like to say the reason I introduced this legislation for City Council and hopefully they’ll adopt this unanimously this evening. It’s a tribute to Member Carbenia and his family that the future community, future residents of the City of Canton some day can look at this Fire Station and remember that Member Carbenia not only served the citizens of Canton as a fireman for twenty-eight years, but also as a legislator for nine years and he always kept the citizens in mind first and he did the job but he was charged to do. I know when Joe first became Assistant Majority Leader, I said Joe, I said you’re a Council Member now, you gotta stop wearing that Fireman’s hat and start wearing a Councilman’s hat, and knowing Joe, he continued to wear both hats and he did a very good job and I’m proud not only to thank him for his service and his family especially at this point, but that was very proud and happy to a personal friend of his. Thank you. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -488- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 PRESIDENT SCHULMAN: Thank you Leader. Are there any other remarks? Yes, and if Madame Clerk you’ll read that Resolution please. CLERK TIMBERLAKE: Whereas: Joe Carbenia served the City of Canton as a Firefighter for 26 years, retiring as a Captain; and Whereas: Joe gave selflessly and dedicated his life as a Firefighter. He was always concerned for the safety and welfare of the citizens of Canton as well as his fellow Firefighters; and Whereas: Joe always ensured that the new recruits were properly trained, the Firefighters had the best and most updated equipment that was afforded and that each Firefighter maintained true professionalism on the job; and NOW THEREFORE BE IT RESOLVED: I, the Majority Leader of Canton City Council find it most appropriate to name the new Fire Station located at 25th St NW and Cleveland Ave NW the “JOE CARBENIA MEMORIAL FIRE STATION 4". PRESIDENT SCHULMAN: Thank you, Madame Clerk. All those in favor of the Resolution signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #49 PASSED BY UNANIMOUSLY VOICE VOTE PRESIDENT SCHULMAN: The motion carries unanimously and Leader Casar those were well deserved words. We’re now on another lose to our City unfortunately. A real trailblazer in our community as well as a man who gave his entire life to Civil Rights and the equality of a lot of people. Resolution #50, Leader Casar. #50. COUNCIL-AS-A-WHOLE: GIVING SPECIAL TRIBUTE TO ROBERT F. FISHER. - ADOPTED MEMBER CASAR: Mr. President, I move we adopt Ordinance #, Resolution #50. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #50 and I would ask the Clerk also to read this tribute to Robert F. Fisher, please. CLERK TIMBERLAKE: Whereas: Robert Fisher was the first minority to serve in a mayoral cabinet in Canton, Ohio as both the budget director and service director over and 18 year period; and Whereas: Robert was a dedicated husband to wife Mary Rose for 50 years, father of three wonderful children, and loving grandfather; and Whereas: A pillar of the community who was always available to encourage all ages and races to reach their full potential by sharing his knowledge and experiences; and Whereas: Robert was previously voted Young Man of the Year by the Canton Jaycees and in 1981 the American Public Works Association named him one of the Top 10 Public Works leaders in America; and Whereas: He continued to serve on boards for Coming Together in Stark County and the Canton Negro Oldtimers where he was always available to help. NOW THEREFORE BE IT RESOLVED: that we, the Members of Canton City Council do hereby give special tribute and commend ROBERT F. FISHER for his years of service with the City of Canton and his commitment to making Canton a better place to live. PRESIDENT SCHULMAN: Thank you, Madame Clerk. All those in favor of Resolution 50 signify by saying aye. Those opposed no. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -489- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 NO REMARKS RESOLUTION #50 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: That too, passes unanimously. Thank you. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes, Member Smith. MEMBER SMITH: I would like to ask if there is any City Council Members that’s going to be coming to the funeral on tomorrow. This Resolution will be presented to the family and at the time when it’s read, they’re going to ask if Council Members will stand during the reading of it. Thank you so much. PRESIDENT SCHULMAN: Thank you, Member Smith very much. MEMBER CASAR: Mr. President. PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: I would be remise if I didn’t say a few things about Robert F. Fisher as I always called him. Back in 1970 when I started in Council and Bob was a Service Director, Budget Director, assisted Mayor, he had all kinds of titles and Bob was an individual as a Service Director, you could work with him. If I had a problem, back then I was a Councilman of a Ward and I would go to Bob and I’d say Bob I have to this done and then you know Bob, being Bob, the politician and public servant said, Well Casar, I need this done. You know, so he negotiated, he wheeled and dealed but he got the job done. And I had the privilege or opportunity to serve under quite a few Service Directors in my time and Bob is on the top of that list of being one of the best individuals I had the pleasure to serve and work with, and I just want to offer my condolences to his family and to his wife Mary. PRESIDENT SCHULMAN: Thank you, Leader Casar. Any other remarks? MEMBER KRAUS: Mr. President. PRESIDENT SCHULMAN: Yes, Member Kraus. MEMBER KRAUS: Also, I would like to say a few words cause I grew up with Robert down on 5th St when he lived in the middle of the block and I lived on the end of 5th and Mahoning. He..... PRESIDENT SCHULMAN: That must have been quite a neighborhood. MEMBER KRAUS: Yea it was. (Laughter) He was beneficial and very instrumental in me, you know, sitting right here because I actually, when I was with the Teamsters and Robert was with the City, 34 years I served on the Street Department, we went head to head but, he was a big part of why I’m sitting here and I stayed out of trouble and kept my nose clean because he was like my second father and I know I’m gonna miss him and to his family and Mary my heart goes out. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -490- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 PRESIDENT SCHULMAN: Thank you. Any other remarks? Thank you and Member Smith the funeral services are going to be what time tomorrow please? MEMBER SMITH: Funeral services tomorrow at 11:00 at Mount Calvary Baptist Church. PRESIDENT SCHULMAN: Thank you very much. We now on Resolution 51. Leader Casar. #51. PERSONNEL COMMITTEE: REQ CONFIRMATION OF RE-APPTS OF REVEREND RONALD KLINGER, REVEREND DAVID MORGAN, JOEL OWENS, & MIKE WILLIAMS TO THE HOUSING ADVISORY BOARD FOR A TWO YR TERM. - ADOPTED MEMBER CASAR: Mr. President, I move we adopt Resolution #51. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 51. Any remarks? Hearing none, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #51 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The motion carries. Leader Casar, Resolution 52. #52. PERSONNEL COMMITTEE: REQ CONFIRMATION OF AMY SHRIVER DREUSSI TO THE STARK COUNTY REGIONAL PLANNING COMMISSION FOR A THREE YR TERM. - ADOPTED MEMBER CASAR: Mr. President, I move we adopt Resolution #52. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 52. Are there any remarks? Hearing none, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #52 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: Resolution 52 is adopted. Resolution 53, Leader. #53. WEST, T., WARD 2 CNCLMBR: COMMENDING BRIANA WILLIAMS FOR HER OUTSTANDING ACADEMIC EXCELLENCE & FUTURE LEADERSHIP QUALITIES. - ADOPTED MEMBER CASAR: Mr. President, I move we adopt Resolution 53. MEMBER DOUGHERTY: Seconded. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -491- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 53. Are there any remarks? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Can I have that read please? PRESIDENT SCHULMAN: Sure. Madame Clerk if you have the Resolution. Thank you. CLERK TIMBERLAKE: Whereas: Briana Williams was the only participant from Stark County and one of the two persons from Ohio to attend the LeadAmerica’s National Leadership Summit youth leadership conference in Washington, DC, and; Whereas: Briana Williams was nominated to attend this conference through her outstanding academic achievements as a McKinley Senior School senior; and Whereas: Briana successfully completed intensive leadership symposiums focusing on the many pressing issues facing our nation today, and; Whereas: All students that participate in LeadAmerica’s conferences gain confidence and maturity to prepare for college and beyond; and; Whereas: Briana Williams has shown dedication and leadership abilities with a desire to make a difference in our world, and; NOW THEREFORE BE IT RESOLVED: I, Council Member, Thomas E. West of Ward 2, do hereby recognize, and commend most highly BRIANA WILLIAMS for her outstanding academic excellence and future leadership qualities expressed in our challenging environment. PRESIDENT SCHULMAN: Thank you. Member West. MEMBER WEST: I will present this award after we vote on it. PRESIDENT SCHULMAN: Ok, great. All those in favor of Resolution 53 signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #53 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: Resolution 53 is adopted. Member West, thank you. MEMBER WEST: Mr. President, Members of Council and this community. I received this call one day and I was really proud to receive this call because one of my mentors in the steel mill back in the years, back in the day when I worked at American Steel, Bill here and I worked together, working on moldings and he gave me a call and said his daughter received this prestigious award by going to Washington and wanted her to be recognized. When I had a chance to meet this young lady, she has clear goals and she is going to make Canton look good, so I felt that this was necessary and fitting to present her with this proclamation from City Council. And we do this for our members of the city, especially when they achieve greatness, so thank you Briana. (APPLAUSE). BRIANA WILLIAMS: I’d just like to say that I was very proud to represent Stark County and it was a life changing experience and I thank you all for this opportunity and this award. Thank you. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -492- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 PRESIDENT SCHULMAN: Thank you, Briana. (APPLAUSE) Thank you, Member West. It’s nice to hear good news. Positive news and people in our community moving forward. Thank you, very much Briana. Resolution 54. #54. WEST, T., WARD 2 CNCLMBR: RECOGNIZING RSVP & ITS HUNDREDS OF VOLUNTEERS FOR THEIR OUTSTANDING CONTRIBUTIONS. - ADOPTED MEMBER CASAR: Mr. President, I move we adopt Resolution 54. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 54. Are there any remarks? Member West. MEMBER WEST: Yes, Mr. President. I’d like you to, we could read this. PRESIDENT SCHULMAN: Sure. Madame Clerk. CLERK TIMBERLAKE: Whereas: The Retired and Senior Volunteer Programs (RSVP) of Stark County provide challenging and meaningful volunteer opportunities for adults 55 years and older, and; Whereas: Volunteer services is a proven health prevention strategy for older adults, and; Whereas: Canton citizens benefit from 50 RSVP sites that serve all of Stark County, and; Whereas: RSVP volunteers partner with non- profit agencies to meet a variety of human and community needs, touching all generations and vulnerable populations, and; Whereas: The volunteers provided 61,574 hours which at $17.75 an hour means that RSVP has contributed One Million, Ninety Two Thousand, Nine Hundred Thirty Nine Dollars ($1,092,939.00) to our local community, and; Whereas: Approximately 395 volunteers work throughout our communities, making a positive difference in areas such as literacy, truancy, the environment, health care, arts and culture, and; Whereas: The significant service of RSVP volunteers has reinforced the strength and future of the residents and local communities of the great State of Ohio, Stark County and the City of Canton. NOW THEREFORE BE IT RESOLVED: I, Councilmember, Thomas E. West of Ward 2, along with my colleagues on Canton City Council, do hereby recognize, give special tribute to, and commend most highly RETIRED AND SENIOR VOLUNTEER PROGRAMS and its hundreds of senior volunteers for their outstanding contribution to the City of Canton and Stark County Community. PRESIDENT SCHULMAN: Thank you, Madame Clerk. All those in favor of Resolution 54 signify by saying aye. Those opposed no. Member West. NO REMARKS RESOLUTION #54 PASSED UNANIMOUSLY BY VOICE VOTE MEMBER WEST: Yes, Member Council, President, we will be submitting this, actually our glorious Clerk is going to be presenting that at the RSVP dinner. I believe that’s this Wednesday, correct? CLERK TIMBERLAKE: Yes. MEMBER WEST: And the, for all the seniors to hear. Thank you. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -493- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 PRESIDENT SCHULMAN: Great, thank you, Member West. And that concludes Informal Resolutions. We’re now under Ordinances and Formal Resolutions for their first reading. Let the journal show that all Ordinances are being, well I did miss something. Let’s talk about Communications. COMMUNICATIONS PRESIDENT SCHULMAN: We are now under Communications. Let the journal, I’ve only been doing this for just a very short time. Let the journal show that all communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED SEPTEMBER 14, 2009. 392. AUDITOR MALLONN: REQ APPROP REDUCTION & APPROP TRANSFER TO ASSIST W/THE CITY’S FINANCIAL CRISIS. - FINANCE COMMITTEE 393. AUDITOR MALLONN: CERTIFICATE OF AMT FROM ALL SOURCES FOR 2009. - RECEIVED & FILED 394. AUDITOR MALLONN: MONTHLY RPT BY FUND 8/1/09 - 8/31/09. - RECEIVED & FILED 395. AUDITOR MALLONN: YEARLY RPT BY FUND 1/1/09 - 8/31/09. - RECEIVED & FILED 396. CANTON POLICE DEPT: 2008 ANNUAL RPT. - RECEIVED & FILED 397. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR TO SUBMIT AN APPLICATION W/THE US EPA, EXECUTE A COOP AGMT W/THE EPA RETRO TO 8/31/09 & ACCEPT $444,004.00 IN BROWNFIELD STIMULUS FUNDS; AUTHORIZE CITY TO ENTER INTO CONTRACT W/STARK STATE COLLEGE FOR THE JOB TRAINING CLASSES IN AMT NOT TO EXCEED $375,559.00 & GOODWILL IND FOR COORDINATION & OUTREACH IN AMT NOT TO EXCEED $66,845.00 AS REQ BY THE COOP AGMT; AUTHORIZE AUDITOR TO ESTABLISH A SEPARATE FUND FOR RECEIPT & DISBURSEMENT OF THE BROWNFIELD JOB TRAINING FUNDS & TO DRAW HIS WARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY THE PROPER DEPT AUTHORITY. - COMMUNITY & ECONOMIC DEVELOPMENT & FINANCE COMMITTEES 398. DEV DEPUTY DIRECTOR WEST: AUTHORIZE ACCEPTANCE OF PARCEL #02-10421 ON GLENDALE PL NE AS A DONATION FROM SAMUEL MAZE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 399. FINANCE COMMITTEE: REQ A WRITTEN EXPLANATION FROM MAYOR SHOWING THE FIGURE OF $3,000,000.00 AS THE 2010 PROJECTED SHORTFALL FOR THE GENERAL FUND. - RECEIVED & FILED 400. HEALTH BENEFITS ADMIN, MCBRIDE: AUGUST, 2009 MONTHLY COMPARATIVE RPT INS CLAIMS. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -494- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 401. HEALTH COMMISSIONER ADAMS: AUTHORIZE $61,000.00 TRANSFER FROM 1001 301001 70000 DISCRETIONARY SPENDING TO 1001 301001 6000 PERSONAL SVCS TO MEET THE SHORT TERM SALARY OBLIGATIONS. - FINANCE COMMITTEE 402. LIQUOR CONTROL DIVISION (OHIO): REQ NEW C1 C2 LIQ PERMIT FOR HILL MINI MART LLC DBA WINE BARREL @ 1816 CLEVELAND AVE NW. - RECEIVED & FILED 403. LIQUOR CONTROL DIVISION (OHIO): REQ C1 C2 LIQ PERMIT STOCK CHANGE FOR K & S PATEL INC DBA MINI MART @ 1120 15TH ST NE. - RECEIVED & FILED 404. MAYOR HEALY: AUTHORIZE RE-APPT OF CESAR VANDERPOOL, JR TO FAIR HSNG COMMISSION COMMENCING 9/1/09 - 8/31/14. - PERSONNEL COMMITTEE 405. MAYOR HEALY: ADVISING OF APPT OF JIM GRIFFIN TO CANTON COMMUNITY IMPROVEMENT CORPORATION FOR AN UNEXPIRED TERM. - RECEIVED & FILED 406. MILLER, DERRICK, APPLICANT: APPLICATION FOR ZONE CHANGE @ 1658 SUPERIOR NE FROM R-1A (SINGLE FAMILY) TO PR-4 (PLANNED MULTI FAMILY) FOR TRANSITIONAL HOUSING FOR WOMEN W/CHILDREN (FAMILY CHRISTIAN CENTER CHURCH). - PLANNING COMMISSION 407. PLANNING COMMISSION: RECOMMENDS APPROVAL TO VACATE LINDESMITH CT SW BETWEEN 6TH ST & MAYWOOD PL & A PART OF BORS CT SW FROM 6TH ST SW 100' NORTH & THE REPLAT OF LOTS 15757, 15759, 15760, 15761 THRU 15766 & PART OF LOT 15756 & THE VACATED PARTS OF THE AFOREMENTIONED ALLEYWAYS; WARD 3 (AULTMAN). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 408. SAFETY DIRECTOR REAM: REQ TO AMEND O#129/2009 BY TRANSFERRING $200,000.00 FROM THE FEDERAL FORFEITURE FUND 2760 - 101001 TO FEDERAL FORFEITURE FUND 2760 - 102000 (OTHER) (PREVIOUS APPROP WAS MADE INTO THE WRONG ORGANIZATION). - JUDICIARY & FINANCE COMMITTEES 409. SAFETY DIRECTOR REAM: DEMO LIST OF VARIOUS PROPERTIES DETERMINED UNSAFE & HAZARDOUS THROUGHOUT THE CITY. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 410. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO RECEIVE & APPROP COPS HIRING RECOVERY PROG GRANT IN AMT NOT TO EXCEED $1.4 MILLION DOLLARS. - FINANCE COMMITTEE 411. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO RECEIVE & APPROP 2009 EDWARD BYRNE MEM RECOVERY ACT COMPETITIVE GRANT IN AMT NOT TO EXCEED $112,500.50 TO BE USED FOR CAD/RMS SOFTWARE & EQUIPMENT. - FINANCE COMMITTEE 412. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO RECEIVE & APPROP 2009 EDWARD BYRNE RECOVERY ACT GRANT LOCAL SOLICITATION IN AMT NOT TO EXCEED COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -495- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 $233,999.20 TO BE USED FOR IN CAR COMPUTERS & INSTALLATION. - FINANCE COMMITTEE 413. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO RECEIVE & APPROP 2009 EDWARD BYRNE MEM JUSTICE ASST GRANT REGULAR SOLICITATION IN AMT NOT TO EXCEED $157,112.20. - FINANCE COMMITTEE 414. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO RECEIVE & APPROP 2009 EDWARD BYRNE RECOVERY ACT JUSTICE ASST GRANT IN AMT NOT TO EXCEED $166,111.00 TO BE USED FOR CRIME ANALYSIS EQUIPMENT & CRIME ANALYST. - FINANCE COMMITTEE 415. SERVICE DIRECTOR PRICE: REQ TO ACCEPT & ADOPT LEGISLATION IN ORDER TO SATISFY OHIO EPA REQUIREMENTS OF THE CITY OF CANTON’S NAT’L POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II STORM WATER PERMIT. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 416. SERVICE DIRECTOR PRICE: LIST OF DELINQUENT WATER & SEWER CHARGES TO BE SUBMITTED TO THE STARK COUNTY AUDITOR FOR COLLECTION ON PROP TAX ASSESSMENTS. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 417. TREASURER SCHIRACK: RPT OF DEPOSITS & PAY INS TO AMBULANCE LOCK BOX ACCT FOR AUGUST, 2009. - RECEIVED & FILED 418. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR AUGUST, 2009. - RECEIVED & FILED 419. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS FILED AS OF 8/31/09. - RECEIVED & FILED 420. TREASURER SCHIRACK: RPT OF TREAS OFC BANK RECONCILIATIONS & CITY’S OUTSTANDING INVESTMENTS AS OF 8/31/09. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We are now under Ordinances & Formal Resolutions for the first reading. Let the journal show that all Ordinances are being given their reading as required by State law. Madame Clerk, please read the first reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #13 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS. #1. (1ST RDG) AN ORDINANCE AMENDING SECTION 975.07, LOCATION OF WASTE FOR PICKUP, OF CHAPTER 975, SOLID WASTE MANAGEMENT SYSTEM, OF THE CODIFIED ORDINANCES Referred to Judiciary Committee COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -496- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 #2. (1ST RDG) AN ORDINANCE AMENDING VARIOUS CHAPTERS OF PART ELEVEN, PLANNING AND ZONING CODE, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON (FEE CHANGES) PUB HRG 9/28/09 @ 7:31 P.M. Referred to Finance & Judiciary Committees #3. (1ST RDG) AN ORDINANCE VACATING A PORTION OF SITES PLACE N.E.; APPROVING AND ACCEPTING THE REPLATTING OF LOTS NOS. 1836 - 1838 AND PART OF SITES PLACE N.E.; AND DECLARING THE SAME TO BE AN EMERGENCY (YWCA) PUB HRG 9/28/09 @ 7:30 P.M. Referred to Judiciary & Public Safety & Thoroughfares Committees #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH JOHN PATRICK PICARD ARCHITECTS, INC. IN AN AMOUNT NOT TO EXCEED $136,000.00 FOR ARCHITECTURAL AND ENGINEERING SERVICES AND TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR THE CONSTRUCTION OF THE MUNICIPAL COURT EXPANSION PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #5. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR MARKET VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #6. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 172/2008; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development & Finance Committees #7. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development & Finance Committees #8. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE APPROPRIATION TRANSFER HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development & Finance Committees #9. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE APPROPRIATION TRANSFER HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development & Finance Committees COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -497- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 #10. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #11. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE APPROPRIATION REDUCTIONS, APPROPRIATION TRANSFERS; SUPPLEMENTAL APPROPRIATION AND INTERFUND TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #12. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #13. (1ST RDG) ADOPTED AS ORDINANCE NO. 158/2009 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO DESIGNATE THE MAHONING ROAD ECONOMIC DEVELOPMENT PROJECT AS THE FIRST PRIORITY PROJECT FOR 2009 OPWC FUNDING AND TO APPLY FOR, ENTER INTO AGREEMENT AND ACCEPT FUNDS FOR THE 2009 PROGRAM YEAR FROM THE OHIO PUBLIC WORKS COMMISSION; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance & Public Property Capital Improvement Committees (COUNCIL RECESSED @ 7:53 PM FOR FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES TO DISCUSS THE ADOPTION OF ORDINANCE #13; RECONVENED @ 8:03 PM) PRESIDENT SCHULMAN: Member Hawk, Member Dougherty, you are to be complimented as are your Committees. Leader Casar. MEMBER CASAR: Board Members Rule 22A be suspended and place Ordinance #13 back on this evening’s agenda. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to put Ordinance 13 back on this evening’s agenda. Are there any remarks? If not, Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader Casar. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -498- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 MEMBER CASAR: Mr. President, I move we suspend the Statutory Rules on Ordinance #13. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules of the three readings on Ordinance 13. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL:12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries, Leader Casar you’ve heard the three readings. MEMBER CASAR: Mr. President, I move we adopt Ordinance #13. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 3. Are there any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 158/2009 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 13 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We are now under Ordinances and Formal Resolutions for their second reading. Madame Clerk will you please begin with Resolution or Ordinance 14 please. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #14 THROUGH #28; FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #14. (2ND RDG) AN ORDINANCE AMENDING SECTION 139.01 OF TITLE FIVE - ADMINISTRATIVE CODE OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON OHIO (BOARDS & CMSN.) #15. (2ND RDG) AN ORDINANCE AMENDING SECTION 1701.01 OF PART SEVENTEEN - HEALTH CODE OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON (BOARDS & CMSN.) #16. (2ND RDG ) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE YWCA OF CANTON TO PROVIDE A GRANT IN AN AMOUNT NOT TO EXCEED $100,000.00 PER YEAR COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -499- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 FOR THREE YEARS FOR THE FIRST PHASE OF THE GATEWAY HOUSE II PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY #17. (2ND RDG ) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $4,900,000.00 FOR THE PURPOSE OF REFUNDING AT A LOWER INTEREST COST CERTAIN OF THE CITY’S OUTSTANDING VARIOUS PURPOSE IMPROVEMENT BONDS, SERIES 1999, DATED AS OF APRIL 1, 1999 AND STATED TO MATURE ON DECEMBER 1 IN THE YEARS 2009 THROUGH 2012, AND 2018, WHICH WERE ISSUED FOR THE PURPOSES DESCRIBED BELOW, AND DECLARING THE SAME TO BE AN EMERGENCY #18. (2ND RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $4,500,000.00 FOR THE PURPOSE OF REFUNDING AT A LOWER INTEREST COST CERTAIN OF THE CITY’S OUTSTANDING PENSION REFUNDING BONDS, SERIES 1998, DATED DECEMBER 1, 1998, AND STATED TO MATURE ON DECEMBER 1 IN THE YEARS 2009 THROUGH 2012, AND 2018, WHICH WERE ISSUED FOR THE PURPOSE OF REFUNDING THE OBLIGATION OF THE CITY OF CANTON, OHIO TO THE OHIO POLICE AND FIREMAN’S DISABILITY AND PENSION FUND FOR EMPLOYER’S ACCRUED LIABILITY, AND DECLARING THE SAME TO BE AN EMERGENCY #19. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008 , AS AMENDED; AND DECLARING THE SAME TO BE AN EMERGENCY (COUNCIL TRAVEL) #20. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A LEASE AGREEMENT WITH STARK COUNTY EDUCATIONAL SERVICE CENTER; AND DECLARING THE SAME TO BE AN EMERGENCY (2 CLASSRMS “PEEL” COLEMAN CNTR) #21. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (YOUTH DEV - $749.23) #22. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE APPROPRIATION TRANSFER HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (LAW DEPT. - $31,000.00) #23. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (POLICE SETTLEMENT FUND - $30,000.00) COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -500- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 #24. (2ND RDG) AN ORDINANCE WAIVING THE RESIDENCY REQUIREMENT OF SECTION 737.01 OF THE OHIO REVISED CODE FOR THE DIRECTOR OF PUBLIC SERVICE Later corrected to be Director of Public Safety #25. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (WATER DEPT.) #26. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (ENG DEPT. $228,747.15) #27. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE APPROPRIATION REDUCTIONS, APPROPRIATION TRANSFERS, SUPPLEMENTAL APPROPRIATION AND INTERFUND TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (DMV) #28. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO CONDUCT AN APPRAISAL AND ADVERTISE, RECEIVE BIDS AND SELL A PROPERTY OWNED BY THE CITY OF CANTON PURSUANT TO O.R.C. SECTION 721.03; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02-85878, 10TH ST NE) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you, Madame Clerk. You’ve had a lot of reading to do. Thank you. We are now under Ordinances and Formal Resolutions for the third and final reading. Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance 29. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #29. Are there any remarks? MEMBER CASAR: Mr. President, first of all I think we have to have the reading on that. CLERK TIMBERLAKE: Right. PRESIDENT SCHULMAN: Sorry. #29. (3RD RDG) POSTPONED UNTIL 9/21/09 AN ORDINANCE SUSPENDING ALL TRAVEL UNLESS RELATED TO MANDATORY CERTIFICATION, LICENSING OR LEGAL PROCEEDINGS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Casar, you and Member Kraus are like on fire tonight. And you had COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -501- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 anesthesia. MEMBER CASAR: We’re old but sharp. MEMBER KRAUS: Just on Vicodin no anesthesia. MEMBER CASAR: Mr. President, I move we adopt Ordinance #29. PRESIDENT SCHULMAN: That’s off the record Ed. (Laughter) MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #29. Are there any remarks? Leader Casar. MEMBER CASAR: Mr. President, I move we postpone Ordinance 29 until September 21, 2009. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to postpone Ordinance 29 until our next regularly scheduled meeting. Are there any remarks on that motion? Hearing none by voice vote, all those in favor signify by saying yea. Those opposed no. NO REMARKS ORDINANCE #29 POSTPONED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: Motion carries. Ordinance 29 is continued until the next meeting. Ordinance 30, please Madame Clerk. #30 (3RD RDG) ADOPTED AS ORDINANCE NO. 159/2009 AN ORDINANCE AMENDING ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (HEALTH & LIFE INSURANCE) PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance 30. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 30. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #30 ADOPTED AS ORDINANCE NO. 159/2009 PRESIDENT SCHULMAN: Ordinance #30 is adopted. Ordinance 31 please. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -502- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 #31. (3RD RDG) ADOPTED AS ORDINANCE NO. 160/2009 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE APPROPRIATION TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (HEALTH DEPT) PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance #31. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 31. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #31 ADOPTED AS ORDINANCE NO. 160/2009 PRESIDENT SCHULMAN: Ordinance 31 is adopted. Ordinance 32 please. #32. (3RD RDG) ADOPTED AS ORDINANCE NO. 161/2009 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER #1 WITH NL CONSTRUCTION CORP., INC. IN AN AMOUNT NOT TO EXCEED $127,302.20 FOR ADDITIONAL COSTS RELATED TO THE CONSTRUCTION OF THE NEW COLLECTION SYSTEMS SERVICE CENTER AND ADMINISTRATION BUILDING; AMENDING APPROPRIATION ORDINANCE NO. 193/2008; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance #32. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 32. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #32 ADOPTED AS ORDINANCE NO. 161/2009 PRESIDENT SCHULMAN: Ordinance 32 is adopted. Ordinance 33 please. #33. (3RD RDG) ADOPTED AS ORDINANCE NO. 162/2009 A RESOLUTION APPOINTING A BOARD OF EQUALIZATION TO HEAR OBJECTIONS TO THE PROPOSED COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -503- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 ASSESSMENTS FOR FUNDING OF THE “PUBLIC SERVICE PLAN” AS ADOPTED BY THE DOWNTOWN CANTON SPECIAL IMPROVEMENT DISTRICT AND APPROVED BY CANTON CITY COUNCIL ON JULY 20, 2009; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance #33. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 33. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #33 ADOPTED AS ORDINANCE NO. 162/2009 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 33 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We are now under Announcement of Committee meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Finance Committee will meet next Monday at 6:15 PM in the Caucus room. MEMBER CASAR: Mr. President. PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Community & Economic Development Committee will meet at the same time. PRESIDENT SCHULMAN: Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Same time, same place. PRESIDENT SCHULMAN: Thank you. MEMBER PRATER: Mr. President. PRESIDENT SCHULMAN: Member Prater. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -504- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 MEMBER PRATER: Personnel will meet next Monday at 6:15. PRESIDENT SCHULMAN: Thank you. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: Public Property Capital Improvement will meet Monday the 21st at 6:15. PRESIDENT SCHULMAN: Thank you. No other announcements. PUBLIC SPEAKS (OPEN FORUM--CITY BUSINESS ONLY) PRESIDENT SCHULMAN: We’re now under Public Speaks and we have four speakers signed up this evening. For those who haven’t spoken and those who have, just a cautionary instruction please try to keep your remarks to three minutes. We’ll all be here after Council to hear whatever else you have to say. I don’t want you to feel as if you’re being picked on. Our first speaker is Phillip Palumbo. Mr. Palumbo, good evening. If you’ll come forward and give us your name and your residential address sir. PHILLIP PALUMBO: Thank you. Thank you. Phillip Palumbo. I live at 1900 Edwards Ave NE, Canton, 44705. I am the Director of the Northeast Community Center. I’m also President of the N.E.A.R. Neighborhood Group and I want to thank you about the Mahoning Road Corridor Project but I would be remise if I did not mention a young ladies’ name who has done a lot of work on that Mahoning Road Corridor and also the Weed & Seed Program, Julie Sparks from J.R. Coleman. I come here tonight talking about the Northeast Community Center. Originally named the Neighborhood Incorporation. It began serving the recreational needs of Stark County in 1974. It its 35 years, thousands of residents, especially youth, have come to the Northeast Community Center for swim lessons and recreational swimming, cardio and strength training, basketball leagues and tournaments, and for a variety of summer and after school camps. The center is located in the Northeast quadrant of Canton, situated on a campus setting between the First Tee golf course facility and Crenshaw Middle School. It’s a non-profit 501(c)(3) organization and the NECC has become a safe haven for Northeast Canton, furthering its mission of providing a safe place that offers affordable, educational, and recreational services to positively impact the development of those in the Stark County community. I want to bring to your attention that this is 35 years at the Northeast Community Center has been in the Northeast end and we are running an anniversary party/fund raiser on September 26, 2009, it’s a Saturday from Noon to 5 at our facility on 25th St, 2600 25th St. It will be an admission for a family, $10.00, individuals $5.00. We will have a barbeque outside, burgers, hot dogs, chips, cookies, juice and soda. I want to make sure that everybody’s invited. It’s an open house type thing. There are some thank you’s involved in the project. I certainly want to thank a couple of Council people. Our Ward Councilman, Dave Dougherty and also At-Large Councilman Bill Smuckler who helped push and set up this particular fund raiser. It’s an important part of the Northeast end as we all have seen with this Mahoning Road Corridor Project. Canton Hotel & Restaurant will be furnishing the hamburgs and hot dogs. Plain Local Schools’ administration is very key in what we are doing out there. We have worked very closely with the Superintendent, Chris Smith, Tom Bradson the Business Manager and also the Communication Director, Karen Braybeck. They were very instrumental in putting this together as well as the Stark County District Library staff at the Madge Youtz Branch. We also want to thank Siegfried Enterprises whose going to be donating some of the juice and drinks. Siegfried Enterprises is McDonald Inc. Ed Mahoney a Board Member is going to be handling the buns. Fisher Food is very instrumental. They’re putting the program together for the cookies and the chips. We will have Plain Local swim team parents as volunteers serving food as well as the St. Thomas Aquinas swim team parents will also COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -505- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 be there helping out. Hopefully you’ll be able to attend. We’ll have a lot of fun with a barbeque and hopefully everybody will attend and we’ll have some good weather. There’ll be inflatables outside for the youngsters. The facility will be open for the swimming, gymnastics, etc. I also want to mention in the paper this morning, the article in the paper about the Negro Oldtimers Club. We will be meeting this week, the Northeast Community Center with the Negro Oldtimer Club and hopefully we will collaborate and work in an organizational way to help solidify the Northeast end with that organization and our organization. I appreciate your time. Hopefully you will be able to make the party on the 26th. Thank you for your time. PRESIDENT SCHULMAN: Thanks Phil, very much. (APPLAUSE) Good job. I certainly hope it’s a positive result. We’d sure like to see the Oldtimers Club back in their hands. Our next speaker is Chantay Smith. Miss Smith, good evening. How are you? I like your hat. CHANTAY SMITH: Thank you. PRESIDENT SCHULMAN: Would you give us your name and your residential address please. CHANTAY SMITH: Yes, my name is Chantay Smith. I live at 2050 3rd St SE, Canton, Ohio 44707. PRESIDENT SCHULMAN: And good evening. CHANTAY SMITH: Hi. My concern is my job. What if anything is the city doing to save the jobs? Not just mine but other 189 techs at Detroit Diesel. Cause I mean it would be hard. That place has been there for 21 years and it would be hard for people to just pick up and start over again. You know, we’re not as young as we used to be, so... PRESIDENT SCHULMAN: No, I know. CHANTAY SMITH: That would be kinda hard so I just want to know if something is being done to save our jobs. PRESIDENT SCHULMAN: What we’ll do after Public Speaks is over, everyone will have an opportunity to make what’s known as Miscellaneous comments. This certainly is not miscellaneous and I’m sure the Mayor or one of his representatives will comment on that. CHANTAY SMITH: Thank you. PRESIDENT SCHULMAN: And we wish you the best. You know that. CHANTAY SMITH: Thank you. PRESIDENT SCHULMAN: Thank you. Our next speaker is Ann Craig Fulmer. I’m sorry what is it. ANN CRAIG FULMER: Fulmer. PRESIDENT SCHULMAN: I thought that’s what I said, I apologize. Ann Craig Fulmer, good evening. ANN CRAIG FULMER: Good evening. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -506- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 PRESIDENT SCHULMAN: If you’ll give me your name and your residential address, please. ANN CRAIG FULMER: My name is Ann Craig Fulmer. I live at 200 High Ave SW, Canton, Ohio. My issue, I guess, if you want to call it that, is I ride the SARTA buses to and from work to Canton City Schools only. And I also ride them to Malone University on Saturdays for classes which is okay, and on after school hours from Canton City so that would be from 4 to 10:00 pm. My main concern is the fact that SARTA cut the bus runs after 8:45 every night, so that means I walk home from Malone to 200 High Ave SW. I did that last January because there are no bus runs at 10:00 at night. My other concern is the fact that there’s a nice shelter right in front of Malone University with a bus stop right out by the street. But the city for some reason or somebody decided to put a garbage can inside the shelter. So that makes it rather unpleasant to even go near that shelter. The garbage can is made of pebble and cement. It should have been placed over by the street and the bus stop by the street but it is in the shelter. There are two other bus stops that are around there, but in the snowy weather, and in the rainy weather, it is kinda nice to have that shelter, but in the summer time and in the autumn, it’s rather disturbing to have to go in and sit and wait on the bus beside a garbage can. So if you could kinda look into that because it is rather disgusting, filthy, and whatever. PRESIDENT SCHULMAN: Thank you, very much. Our last speaker is Dick Deitrick. Mr. Deitrick, good evening. From the sublime and Mr. Deitrick, your specific subject matter tonight is complaining. DICK DEITRICK: Yes, yes. PRESIDENT SCHULMAN: Give us your name and your residential address. DICK DEITRICK: My name’s Dick Deitrick. I live at 144 Park Ave SW, Canton, 44706. What I got to say is my own words and nobody would even be able to put any words in my mouth. I say what’s on my mind and you guys heard me speak and you think, can this, get this guy out of here fast enough. That’s okay. PRESIDENT SCHULMAN: We really do not think that. We enjoy what you have to say, so don’t feel that we want you off. Although you have three minutes. DICK DEITRICK: Thank you Mr. Schulman. The YMCA is always been a bug because it’s people in, I think people in North Canton decided that us poor people in Canton don’t deserve that Y and a lot of kids didn’t... missed out on a lotta good stuff this summer because we so many great things at the Y and that still annoys me and I wish somebody could, since you’re all Democrats, get together and knock somebody’s,... well just straighten it out. Anyway, that’s bugging me and I did a little, my own investigation. We been, I seen the Council shut down a dirt bag bar in the Southwest end and all the guys came up to the Northeast there to that Hob Nob place so I went to the Hob Nob. I don’t drink but I went in there and had a Coke or whatever, and there were really nice people in there and I told them about the guy coming to the Council meeting and they saw somebody whiz on a tire or something, and it annoyed him and I said, well you didn’t expect him to all hold hands and pray for the neighborhood or anything. So, you live next to a bar, you’re going see that kind of stuff. I don’t live next to a bar and I see a lot worse stuff than that in my neighborhood, so I thought the guy from the Hob Nob handled himself very well. The guy that runs it or owns it, or whatever that came here and I thought he handled it very nice so I did my own investigation and I didn’t, honestly I didn’t think it should be shut down. I sat next to a black guy and a white guy and everybody got along fine and they were just nice people in there and believe me, I don’t even drink, I don’t know anybody there so I just, it’s probably too late for me to even mention that so, I might as well shut up about that. But the thing that bugs me, well that I think we should do, I mean we’ve done a lot of that and I’ve seen a lot of people come up here and complain. The people that came up here tonight were terrific. I thought they were all good speakers, but we got a Mayor COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -507- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 that’s, I don’t know the Mayor, from a load of hay. I mean, I know him, I see him and say hi and he says hi back. That’s how much I know him, but I understand that he’s married to an Asian girl, right. Am I right, no, yes, ok. Why don’t we send him to Asia and tell him to talk, sweet talk, he’s got a nice smile..... PRESIDENT SCHULMAN: Well Dick, now you...Dick DICK DEITRICK: Send him to Asia to bring back some jobs. That’s more important than all the other junk that we’re talking about, personally.. PRESIDENT SCHULMAN: Alright, you are, you actually are right. We may be crossing the line here. So if you could..... DICK DEITRICK: I’m sorry, I didn’t mean. There was no insult as all. No, no, I think we should send him. Use this, this a good thing, cause he’s a nice looking guy. He’s probably got a nice family and everything. Send him to Asia and have him ask for jobs. I think that’s way more important than shutting down dirt bag bars and things like that. That’s my opinion. PRESIDENT SCHULMAN: I don’t disagree and your three minutes are up, but thank you very much. Appreciate it. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Okay. We’re now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER KRAUS: Mr. President. PRESIDENT SCHULMAN: Member Kraus. MEMBER KRAUS: A month or so ago, I went to Columbus with Steve Katz from the Chamber of Commerce and Kirk Schuring and some members from Building Trades and Unions and we went there trying to get the Workers Compensation Bureau to come back from Akron. And hopefully this Friday at 11:00 Workers Compensation is coming down and we’re meeting with Kirk Schuring and some of the other representatives and hopefully we will get that building, or that department back in Canton at the same location with a satellite office and I sure hope that happens. PRESIDENT SCHULMAN: Thank you for your hard work, Member Kraus. Member West. MEMBER WEST: Mr. President. This afternoon a real tragedy happened where a young man, I don’t know his age, but was traveling on Lawrence Road and a tree fell and hit him and right now he’s in critical condition. And I probably should have said this when we started the meeting so I would like to see if we could, I’m a do one of two things. One see if we can have a word of silence or a moment of silence to pray for his family and his recovery and then number two, next week I plan on sending a communication requesting that we get an advisory committee, a tree advisory committee or the tree commission designed so that we can look at a lot of these trees. Several months ago, it might have been six or seven months ago, I put in a letter, a communication that or a letter asking or email, excuse me, asking that we address the trees along Lawrence Rd. A lot of those trees, six or seven trees had snapped and they’re if you drive down Lawrence Road you’ll see half the tree standing. That’s how many trees have actually just fell on Lawrence Road, so I asked that we remove those because they look like they were really blighted situation but it sends a bigger message that some of these trees COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -508- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 that are along that roadside have fallen and I know that’s a fluke situation where a tree has fell but it, I don’t know if it has killed the person, but it’s pretty close to it so we need to look at some of these trees, especially along our streets, roads. So, if we could have a moment of silence. PRESIDENT SCHULMAN: Sure, let’s have a moment of silence, please. (Moment of silence observed) PRESIDENT SCHULMAN: Thank you. Any other Miscellaneous Business? MEMBER DOUGHERTY: Mr. President PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: Don’t forget this Saturday is our picnic for those in need. We’re in need our your $20.00 so if you haven’t given that, please do and if you’re there to help set up we’re going to start at 8:30 and the function is from 11 to 1 so and then there’s clean up after that so any part of that you can help out with would be appreciated. I understand there’s other events going on in different Wards, understand so but I’m coming after you for that money. MAYOR HEALY: Mr. President. PRESIDENT SCHULMAN: Beware of Member Dougherty. One second. Member Cirelli, I think you were next. MEMBER CIRELLI: Thank you Mr. President. Mr. President, I just have a question for the Mayor. Mayor who is the head of the Community Development Department in Canton for our? MAYOR HEALY: Mr. President. PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Council woman, Member, Carmen West is a Deputy Director of Community Development. Her direct superior is Robert Torres who is the Development Director that oversees it. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: I know this probably wasn’t a typographical error sir, but I have a immediate press release for today which is a little misleading because it says the person in charge of the City of Canton’s Community Development efforts has been appointed and you probably know what I’m talking about, Miss West, but that sounds like, and I had someone question me and they said did they change positions and was she now the person in charge of the CD Department and I thought I don’t think so, but I’d rather ask that question to clarify that so maybe they could kinda fix that up so it comes out appropriate sir. MAYOR HEALY: Mr. President. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -509- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Thank you yes, her title is Deputy Director of Community Development. She is the lead for Community Development for the City’s Economic Development Department, that is her title, that’s her position. And to clarify what your referring to, Governor Strickland has appointed Carmen West to the Ohio Minority Business Council, Advisory Council and we’re very honored to have that and congratulate her for that. This Council was created by the Governor to centralize efforts to attract and retain minority businesses and the Council will collaborate with the Ohio Department of Development and the Ohio Department of Administrative Services to carry out responsibilities in the areas of economic development, employment, procurement, training, and other matters affecting the economic vitality of the minority business communities, so we’re honored that somebody from our city was recognized and appointed by the Governor. Congratulations Carmen and thank you Mary Cirelli for pointing that out. (APPLAUSE) PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Just to the lady that came up to talk about SARTA, I would maybe suggest to her that she get to the SARTA Board and then contact Malone College about the trash can issue cause if, that’s on their property, I’m sure they’ll be glad to accommodate them on that. Thank you, sir. PRESIDENT SCHULMAN: Thank you, Member Cirelli. Mayor Healy. MAYOR HEALY: Thank you, Mr. President. In response to the comment about Detroit Diesel. I did want to give a quick update, although we are limited on to what can be discussed, the immediately on discovering that Detroit Diesel was considering shutting down the Canton operations, we had contacted Congressman Boccieri’s office, the Governor’s office, the Chamber of Commerce, the Stark Development Board, was there anybody else Robert? I think that was the initial meeting. We contacted them on a conference call at their corporate office in Portland, Oregon and was able to learn quite a bit more. We had a follow up meeting with the same group about options and potential opportunities we have to preserve all or a large portion of those positions and I can tell you that we’re working on that. We have a lot of support and help and two or three options right now that are being discussed but we can’t get into details on that. I can only tell you that we are working diligently with a large group of people from Columbus and Washington and the City of Canton and the County Commissioners I believe are in on that, to do everything in our power to help in that situation. So we’ll be able to share more in the near future but at this point in time we can’t discuss any of the details. One other comment I was going to make too, and because Patricia Kirk, I missed your comments tonight, I know of all times for you not to stand at the podium, and not that I’m joking about it but your words are always heard and appreciated and I think more tonight than ever even though you made no comment. It was probably the largest impact you’ve ever made tonight. What you’ve been saying all along. So we appreciate you being here. Thank you. PRESIDENT SCHULMAN: Thank you, Mayor. Member Kraus. I’m sorry, Member Smith. MEMBER KRAUS: Mr. President. I was called to my attention that Public Safety & Thoroughfare has a joint committee meeting with Judiciary so we will be meeting next Monday at 6:15 also. PRESIDENT SCHULMAN: Very good, thank you. Member Smith. MEMBER SMITH: Mr. President, I think Mr. Dougherty was referring to the clean up that’s going to take place on Saturday at Hartford School from 10 to 2. Lunch will be provided. Anyone that would like to come COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -510- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 out and help, we would sure appreciate it. PRESIDENT SCHULMAN: Thank you. Another other Miscellaneous Business? SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Yes, Service Director. SERVICE DIRECTOR PRICE: Thank you. I just wanted to update Council on the voluntary furlough program and I appreciate, I know the administration appreciates your quick action on that program and I know that there’s some individuals and even other elected officials, departments who are already taking advantage of that. The Auditor’s office has implemented a tracking mechanism for that and that can be accounted for in the pay system. In addition I wanted to let you know that and with the voluntary program obviously we’ve got the option, this option for management. Our classified non-bargaining personnel and our unclassified bargaining personnel. I’ve sent letters to AFSCME 2937 and AFSCME 3449 inviting them to voluntarily participate in this program and of course we wouldn’t be able to do that had you not altered the definition. I also wanted to announce to this evening that in terms of management folks, the Service Director, Safety Director, Finance Director, Development Director, Deputy Development Director, Compliance Director and Communications Director, we have all volunteered for the indefinite period starting the week of September 28, 2009 and to continue again for an indefinite period to take a 4 hour reduction per pay period which is the equivalent of a 5% reduction in our pay at this point, so I wanted to update you on that program and share that information. PRESIDENT SCHULMAN: Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: I had one other question and this will be geared toward the Safety Director and maybe Service Director. On holidays, the holidays that we have throughout the year, and correct me if I’m wrong, if...do the essential or excuse me, non-essential workers in the Police and Fire work as well on holidays or do they have off and only the essential workers work. PRESIDENT SCHULMAN: Safety Director Ream. SAFETY DIRECTOR REAM: Yes, the working on holidays is primarily controlled by the contract. We have different people all viewed as essential working on those days and follow the contract language as to who participates on what holidays and how many. MEMBER WEST: I guess what I’m thinking is if there’s essential, if there’s non-essential workers working on holidays and we eliminate the non-essential workers on holidays, then that would be a huge savings for the City and I wonder if we can look into that. Like the Police Chief for example on a holiday. Cause I think they get paid double time and a half, is that correct? SAFETY DIRECTOR REAM: That is correct and once again it would become a contractual issue that we would have to approach and speak with the unions about. PRESIDENT SCHULMAN: Member Smuckler did you want to say something. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -511- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 MEMBER SMUCKLER: Chief’s not under any contract. MEMBER WEST: For management. Not just the Chief but and also other members. MEMBER SMUCKLER: Non-bargaining and inter personnel. SAFETY DIRECTOR REAM: Ok there’s city statues that control some of the benefits obtained by some of the non union personnel and once again we go by the Ordinance and the Collective Bargaining Agreement. PRESIDENT SCHULMAN: Law Director Martuccio did you want to make a comment. LAW DIRECTOR MARTUCCIO: With regards to the Chief’s for example, they are classified civil servants and we need to look at whether or not it’s an involuntary reduction of pay and there’s an Ordinance that most of us have dealt with at one time or another in Chapter 151 that provides them with the same monetary and non-monetary benefits as provided to the FOP or the Canton Firefighters’ union, so there are things that have to be looked at before we can just order that to happen. I understand it’s frustrating. The other comment I wanted to make was with regard to that senior group, now that I’m over 55, (Laughter), hearing the word senior and older over and over again interesting. PRESIDENT SCHULMAN: Before we adjourn, I thought one of the most stunning remarks we heard tonight was from Gary Young, who always stuns us with his remarks, but when Mr. Young said that our debt capacity is extraordinarily low for a city our size with this, with the debt we have and in addition with the rating that we have. And I would just ask Mayor Healy, if you would, and perhaps the Law Director, I’m not, I don’t have a crystal ball, but it’s my belief that interest rates are going to rise. And if we could lock in a long term bond at these rates now, and take on that additional debt and be able to pay for it, I think that’s well worth exploring because if we don’t and interest rates as I believe go up, then we may never be in a position to do that. So, if you would, you and the Service Director and the Safety Director, if you would look in, and the Budget Director, if you would look into that I would appreciate it and at least maybe get back to us in a couple of weeks on that. Other than that.... MEMBER CASAR: President, I like to get a comment on that. PRESIDENT SCHULMAN: Sure. MEMBER CASAR: What you’re trying to say is to borrow money to keep the city afloat and running? You can’t, is that what you’re saying basically? You can’t borrow... PRESIDENT SCHULMAN: Finish your thought and I’ll... MEMBER CASAR: You can’t borrow money to, it wouldn’t be a balanced budget that way. You know what I’m saying. You couldn’t borrow money to keep the city rolling. I mean other than within funds where we appropriate or anticipatory notes and stuff like this. Am I right or am I wrong? LAW DIRECTOR MARTUCCIO: Mr. President. PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: Majority Leader part of what the bonds that will be voted on next week for COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -512- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 third reading accomplish is to take higher interest rates and reduce them on bonds that are already out there for certain narrow capital needs. I guess what the President is asking is if we could look at the debt and the interest rates on those and somehow consolidate that into other issuances. And your question, I’m sorry? MEMBER CASAR: I don’t see where that helps the General Fund I guess is what I want to say. LAW DIRECTOR MARTUCCIO: I believe what the President was trying to do was reduce the amount of interest that we owe on higher debt. PRESIDENT SCHULMAN: Well I think, I think where we ought to, I guess what I’m also saying is to look at the available instruments that we have a right to issue and at extraordinarily in my belief, historically low rates at this point. Because I believe that interest rates will have to go up eventually. Maybe not, hopefully not in the near future but their going to probably go up and capital if we could bring in money for capital expenditures, that would be a benefit to our city. So all I’m asking is that, I understand what your saying Leader, and that is you can’t just borrow money and pay salaries and operating expenses. I understand that but we’re, but in fact we’re shifting, we heard tonight we’re shifting money from traditionally capital investments into helping maintain vehicles and that kind of thing. If we can do that, then I think we ought to look at some of the, of the potential of floating a bond at historically low rates and lock that in for a period of time and pay over a period of time. Because apparently we are capable of doing that. That was my only question. If we could just get some answer back, I think it would be helpful. Law Director. LAW DIRECTOR MARTUCCIO: Thank you, Mr. President, Majority Leader. I forgot, I neglected, my apologies to ask for 15 minutes of Executive Session time next week to discuss pending federal litigation and some pretty important strategies that could financially effect the city. PRESIDENT SCHULMAN: 6:00 then? MEMBER CASAR: Okay, Law Director Martuccio, we’ll call that for 6:00. LAW DIRECTOR MARTUCCIO: Thank you, Majority Leader. Thank you, President. PRESIDENT SCHULMAN: Ok, anything else? Leader. MEMBER CASAR: Mr. President. I move we adjourn. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Roll call vote please Madame Clerk. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Meeting is adjourned. Thank you. (Gavel falls) ADJOURNMENT TIME: 8:45 P.M. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -513- MINUTES OF THE MEETING OF SEPTEMBER 14, 2009 ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT