City Council

COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -685- MINUTES OF THE MEETING OF DECEMBER 7, 2009 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. Clerk of Council and I were just commenting of how we hate winter. CLERK TIMBERLAKE: It’s cold. PRESIDENT SCHULMAN: But it’s cold and dark and dreary but never the less we’re going to have a good time tonight. We have a young man in the audience who is a fan of Member Griffin, Chance Metain. Chance are you here? There you are. Welcome. Central Catholic High School. (APPLAUSE) Chance is here for a government class and Member Griffin loves the Catholic’s. He may even be one. In any case, welcome Chance and thank you for being here. 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 COUNCIL MEMBERS 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: All present Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Before we have our invocation tonight given by Council Member, Chris Smith I want to publicly congratulate our next Leader of Council, David Dougherty. Congratulations. (APPLAUSE) And you will have big shoes to fill, you know that. I told Don my little joke, but he didn’t think that was very funny and of course, our Assistant Majority Leader, I want to congratulate Terry Prater. Congratulations. (APPLAUSE) And now ladies and gentlemen, as I said, we’re going to have our invocation given by Council Member Chris Smith. If you’ll all please remain standing for the pledge of allegiance. The regular meeting of Canton City Council was held on Monday, December 7, 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 4 Council Member, Chris Smith. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Smith. We’re now under agenda corrections and changes. Members of Council, you’re going to be asked to suspend Rule 22A to add the 2nd Reading of Ordinances 8 through 10. Leader Casar. MEMBER CASAR: Mr. President, I move suspend Rule 22A and add Ordinances 2 and including #8, no 8, 9 and 10 on this evening’s agenda. MEMBER DOUGHERTY: Seconded. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -686- MINUTES OF THE MEETING OF DECEMBER 7, 2009 PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A. 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: Thank you Madame Clerk. Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Public Hearings and we have two Public Hearings this evening. The first is AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; IT IS ASSIGNED TO WARD 4; THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THE SAME; THIS IS IN REGARD TO 2015 E TUSCARAWAS ST. Is there anyone in the audience wishing to speak for or against this zone change, please come forward. Is there anyone in the audience wishing to speak for or against the Ordinance. No one has approached the dais and the matter now rests in the hands of Council and the Ordinance will follow later this evening. Our second Ordinance is AN ORDINANCE AMENDING SECTION 1157.02, PERMITTED USES, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON; PLANNING COMMISSION RECOMMENDED APPROVAL OF THE SAME; THIS IS IN REGARD TO TRUCK TERMINALS. Again, is there anyone in the audience wishing to speak for or against this Ordinance. Once again, is there anyone in the audience wishing to speak for or against this Ordinance. Seeing no one approach, this to will rest in your hands and the Ordinance will be presented later this evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks on Ordinances and Resolutions for adoption. We have do have one speaker signed up this evening. And it’s in regard to the Resolution pertaining to angle parking, Dan Fonte. Dan you’re here. Good evening, welcome. If you’ll give us name and your residential address please. DAN FONTE: Thank you, Mr. Chairman. My name is Dan Fonte and I reside at 4415 Dawn Ridge Circle NW in Canton here. I’m here to speak on #60 this angle parking and thank God Councilman Casar brought this up because I never, ever went anywhere and angle parked where you back in. Everywhere you drive, you drive in forward this and that. I think it’s totally assenine. Whoever come up with that, backing in angle parking, believe me whatever school you went to, go back to school cause it isn’t working. So I think you’re going to right it now and you’re going to pull in to angle park, right? OK, thank you. The other thing I want to talk about. I know they don’t want to hear but I do. When they do these streets and you go to a left turn and I live off of 44th Street so I go up North Market to 44th St. You get in that left turn lane and if you’re the only car there, you can sit there till the cows come home and it will never change. So I just go through it, because at the price of gas, I’m sitting there idling it. Why do they make you have two or three cars there before the light changes, the turn arrow? Assenine, I mean let’s get with it. It should, the light should turn green, you go if you’re there. You’ve got to get two or three cars behind you to trip the signal. So to me, I COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -687- MINUTES OF THE MEETING OF DECEMBER 7, 2009 think you guys need to look into that and I want to thank Councilman Casar for this angle parking. I think it’s sorely, sorely needs taken care of. So thank you very much. PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) And I’m glad Dan you spoke for some time because I dropped a whole glass of water all over the desk here. DAN FONTE: I can talk about more problems, if you need. PRESIDENT SCHULMAN: And while I have another glass of water too, so you may actually be up and ready. OK, thank you very much. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are now under Informal Resolutions and speaking of angle parking, Madame Clerk would you please read Resolution #60 by title. #60. CASAR, D, CNCL-AT-LARGE & COUNCIL-AS-A-WHOLE: DIRECTING SAF DIR & PARKING MGMT DIV TO RESTORE PARALLEL PARKING OR IMPLEMENT ANGLE PARKING IN WHICH THE DRIVER DRIVES FORWARD INTO AN ANGLED PARKING SPACE UPON ALL CANTON CITY STREETS WHERE “BACK IN” PARKING IS IMPLEMENTED BY 7/1/10. - ADOPTED PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Resolution #60. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 60. Are there any remarks? Hearing none by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #60 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The motion carries. The Resolution #60 is adopted. (Dan Fonte applause) I think Dan it’s all you tonight. Resolution 61 please. #61. COUNCIL-AS-A-WHOLE: REQ US SENATORS VOINOVICH & BROWN INFLUENCE CMS TO GRANT OH PROVIDER TAX WAIVER REQUEST FOR NURSING HOMES. - ADOPTED PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Resolution 61. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution #61. Does anybody care to COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -688- MINUTES OF THE MEETING OF DECEMBER 7, 2009 speak on this Resolution? MEMBER GRIFFIN: Mr. President. PRESIDENT SCHULMAN: Yes, Member Griffin. MEMBER GRIFFIN: Could we have the Clerk read the Resolution? PRESIDENT SCHULMAN: Yes, please, Madame Clerk if you would. CLERK TIMBERLAKE: Whereas: The House of Loreto is in need of assistance to request the waiver of bed fees from the federal government after providing over forty five years of excellent service; and Whereas: The Ohio biennial budget included a provision to waive the franchise permit fee for non-profit, non-Medicaid nursing homes in the state; and Whereas: The House of Loreto is not asking for any federal funding only the freedom to fund their own service to the Lord: and Whereas: The U.S. Department of Health and Human Services must approve this waiver; Now Therefore Be It Resolved That: Canton City Council go on record requesting U.S. Senators Voinovich and Brown influence CMS to grant Ohio’s Provider Tax Waiver Request for Nursing Homes according to 42CFR433.72 effective the 1st day in the quarter the waiver is received. PRESIDENT SCHULMAN: Thank you, Madame Clerk. Any other remarks? Hearing none and by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #61 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The motion carries. Resolution #61 is adopted. Resolution 62 please. #62. COUNCIL-AS-A-WHOLE: OPPOSING CLOSURE OF STARK COUNTY DISTRICT LIBRARY COMMUNITY CENTER. - ADOPTED PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Resolution #62. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 62. Are there any remarks under this Resolution? MEMBER SMITH: Yes, Mr. President. Can we have that Resolution read please? PRESIDENT SCHULMAN: If you would, Madame Clerk. Thank you. CLERK TIMBERLAKE: Whereas: The Community Center Branch is located on 1400 Sherrick Road in the Edward “Peel” Coleman Center in the City of Canton; and Whereas: The Stark County District Library has recommended the closure of the Community Center Branch and it directly effects the residents of Canton; and COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -689- MINUTES OF THE MEETING OF DECEMBER 7, 2009 Whereas: The Community Center Branch is a place where children and adults develop a good work ethic and access character building resources that are needed to become productive students and parents in this community and succeed in life: and Whereas: Canton residents already face tough challenges with the current economic state only to be faced with the loss of invaluable resources provided by the Community Center Branch; and Whereas: Canton City Council is concerned about the loss of invaluable services in the area; and Whereas: The Stark County District Library Board of Trustees are scheduled to meet December 15, 2009 at 5 pm to vote on the recommended closure of the Community Center Branch; and Now Therefore Be it Resolved: that Canton City Council go on public record opposing the closure of the Stark County District Library Community Center. PRESIDENT SCHULMAN: Thank you Madame Clerk. Any other comments? Hearing none by voice vote then, on Resolution 62 all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #62 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The motion carries. Resolution #62 is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: We are now under Communications. And 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 DECEMBER 7, 2009. 500. AUDITOR MALLONN: MONTHLY RPT BY FUND FR: 11/1/09 - 11/30/09. - RECEIVED & FILED 501. AUDITOR MALLONN: YRLY RPT BY FUND FR: 1/1/09 - 11/30/09. - RECEIVED & FILED 502. AUDITOR MALLONN: CERTIFICATE OF TOTAL AMT FROM ALL SOURCES FOR 2009. - RECEIVED & FILED 503. COUNCIL CLERK TIMBERLAKE: ADVISING ALL COUNCILMEMBERS & ORIGINATORS OF 2008-2009 TERM LEGISLATION THAT PURSUANT TO COUNCIL RULE 29 ANY ORDINANCE REMAINING UNREPORTED OUT OF COMMITTEE AT THE CONCLUSION OF A TERM SHALL REQUIRE RE-SUBMISSION TO THE NEXT TERM OF COUNCIL. - RECEIVED & FILED 504. DEVELOPMENT DEPUTY DIR WEST: AUTHORIZE MAYOR &/OR SERV DIR TO PURCHASE & DEPOSE OF PROP @ 902 CHERRY AVE NE UNDER THE NEIGHBORHOOD STAB PROG IN AMT NOT TO EXCEED $60,000.00. - WITHDRAWN 505. DEVELOPMENT DEPUTY DIR WEST: AUTHORIZE MAYOR &/OR SERV DIR TO PURCHASE & DEPOSE OF PROP @ 1911 TUSCARAWAS ST, W UNDER THE NEIGHBORHOOD STAB PROG IN AMT NOT TO EXCEED $30,000.00. - COMMUNITY & ECONOMIC DEVELOPMENT COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -690- MINUTES OF THE MEETING OF DECEMBER 7, 2009 COMMITTEE 506. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO AGMT W/MEDLINE INDUSTRIES, INC FOR ECONOMIC GROWTH INITIATIVE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 507. PLANNING COMMISSION: RECOMMENDING APPROVAL OF REPLAT OF OUT LOTS 1306 & 1307 IN MILLS IND PARK (GBC DESIGN). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 508. PLANNING COMMISSION: RECOMMENDING APPROVAL OF REPLAT OF ALL OF LOT 42587 & PART OF LOT 37251 & THE DEDICATION OF PART OF HARMONT AVE (EAST ACROSS HARMONT AVE FROM WAL MART STORE - BAYER BECKER). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 509. PLANNING COMMISSION: RECOMMENDING APPROVAL OF PROPOSED ZONE CHANGE @ 1658 SUPERIOR AVE NE (LOTS 10475 - 10477) FR: R-1a (SINGLE FAMILY RESIDENTIAL TO: PR- 2 (PLANNED TWO FAMILY RESIDENTIAL) FOR TRANSITIONAL HOUSING SPACE FOR WOMEN (FAMILY CHRISTIAN CENTER). - WITHDRAWN 510. PLANNING COMMISSION: RECOMMENDING DENIAL OF PROPOSED ZONE CHANGE @ 1639 MAPLE AVE NE (LOT #9126) FR: R-1a (SINGLE FAMILY RESIDENTIAL TO: PB-3 (PLANNED GENERAL BUSINESS) (MUNIR RASDAN). - WITHDRAWN 511. TREASURER SCHIRACK: RPT OF DEPOSITS & PAY INS TO AMBULANCE LOCK BOX ACCT FOR NOV 2009. - RECEIVED & FILED 512. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR NOV 2009. - RECEIVED & FILED 513. TREASURER SCHIRACK: RPT OF TREAS OFC BANK RECONCILIATIONS & CITY’S OUTSTANDING INVESTMENTS AS OF 11/30/09. - RECEIVED & FILED 514. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 11/30/09. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We are now under Ordinances and Formal Resolutions for the First Reading. MEMBER CASAR: Mr. President. PRESIDENT SCHULMAN: Yes Leader Casar. MEMBER CASAR: Would you note that Communications 504, 509 and 510 have been withdrawn. PRESIDENT SCHULMAN: Communications 504, 509 and 5010 have been withdrawn. 510. 504, 509, and COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -691- MINUTES OF THE MEETING OF DECEMBER 7, 2009 510 have been withdrawn. Thank you. Let the journal show that all Ordinances are being given their reading as required by state law. Madame Clerk would you please read the 1st Reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #1 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING TITLE FIVE - ADDITIONAL PUBLIC SERVICES TO PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE OF THE CODIFIED ORDINANCES BY THE ADDITION OF CHAPTER 972, SPECIAL EVENTS Referred to Judiciary Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE SETTLEMENT OF TROY PIROLOZZI V. ERIC STANBRO, ET AL.; AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED, BY APPROPRIATING FROM THE UNAPPROPRIATED BALANCE AND ALLOCATING SAME TO ITEM HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO ENTER INTO AGREEMENTS WITH SQUIRES, SANDERS AND DEMPSEY TO ISSUE A ONE YEAR BOND ANTICIPATION NOTE; AND DECLARING THE SAME TO BE AN EMERGENCY (TROY PIROLOZZI V. ERIC STANBRO, ET AL) Referred to Finance Committee #4. (1ST RDG) AMENDING APPROPRIATION ORDINANCE NO. 193/2008, AS AMENDED BY MAKING THE SUPPLEMENTAL APPROPRIATIONS AND INTERFUND TRANSFER HEREIN DESCRIBED: AND DECLARING THE SAME TO BE AN EMERGENCY (TROY PIROLOZZI V. ERIC STANBRO, ET AL $1,800,000.00) Referred to Finance Committee #5. (1ST RDG) ADOPTED AS ORDINANCE NO. 234/2009 AN ORDINANCE DECLARING 39 BUILDINGS TO BE PUBLIC NUISANCES; AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE DEMOLITION OF SAID BUILDINGS; AUTHORIZING THE CLERK OF CANTON CITY COUNCIL TO CERTIFY THE COSTS OF DEMOLITION TO THE STARK COUNTY AUDITOR; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community and Economic Development Committee (COUNCIL RECESSED AT 7:43 P.M. FOR COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS THE ADOPTION OF ORDINANCE #5; RECONVENED AT 7:44 P.M.) PRESIDENT SCHULMAN: Council will therefore reconvene after it’s recess. Leader Casar. MEMBER CASAR: Mr. President, I move that we suspend Rule 22A and add Ordinance #5 back on this COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -692- MINUTES OF THE MEETING OF DECEMBER 7, 2009 evening’s agenda. PRESIDENT SCHULMAN: It’s been moved and Oh, I’m sorry. Assistant Majority Leader Dougherty, I’m sorry I didn’t hear you say second. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: Thank you. It’s been moved and seconded to suspend Rule 22A with regard to Ordinance 5. 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: Thank you Madame Clerk. The motion carries. Ordinance 5 is a legal part of your agenda. Leader Casar. MEMBER CASAR: Mr. President, I move we suspend the Statutory Rules on Ordinance #5. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on Ordinance #5. 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: Thank you Madame Clerk. The motion carries. Leader you’ve heard the three readings. MEMBER CASAR: Mr. President, I move we adopt Ordinance #5. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #5. Are there any remarks? MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Yes Member Smuckler. MEMBER SMUCKLER: What is the timetable for razing these 39 structures? Will they be down by the end of the year? PRESIDENT SCHULMAN: Director Ream. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -693- MINUTES OF THE MEETING OF DECEMBER 7, 2009 SAFETY DIRECTOR REAM: Mr. President. Under normal circumstances when they bid these out there’s a 30 day window that these contracts have to bring these down so it should be close to that time. PRESIDENT SCHULMAN: Thank you. Any other questions or comments? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #5 ADOPTED AS ORDINANCE NO. 234/2009 PRESIDENT SCHULMAN: The motion carries. Ordinance #5 is adopted. #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE SHERRICK ROAD IMPROVEMENT PROJECT, G.P. 1121; EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION ENGINEERING SERVICES WITH OMNI PRO SERVICES LLC; AND TO RECEIVE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDS IN THE AMOUNT OF $1,500,000.00 FOR THIS PROJECT THROUGH THE OHIO DEPARTMENT OF TRANSPORTATION (ODOT) TO FUND THE COST OF BOTH THE CONSTRUCTION AND CONSTRUCTION ENGINEERING CONTRACTS; AUTHORIZING THE AUDITOR TO ESTABLISH THE 4559 SHERRICK ROAD IMPROVEMENT FUND, G.P. 1121; AMENDING APPROPRIATION ORDINANCE NO. 193/2008; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance and Public Safety & Thoroughfares Committees PRESIDENT SCHULMAN: And I’m going to just use the prerogative of the position here. Mayor would you please check on whether it is possible for this project to be placed under some Project Labor Agreement. My understanding from Mr. Moeglin is this could be bid out to an out of town contractor with out of town labor. So I really ask someone in your administration to track this for us and make sure that we put our local people to work here. If you would. Thank you. Ordinance 7 please. #7 (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO; ENTER INTO AGREEMENTS FOR GRANTS WITH THE U.S. DEPARTMENT OF ENERGY AND AMERICAN ELECTRIC POWER AND TO RECEIVE THE SUBSEQUENT GRANTS; TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH URS CORP. FOR THE COMPLETION OF A COMPREHENSIVE DETAILED ENERGY AUDIT IN AN AMOUNT NOT TO EXCEED $75,000.00; TO ADVERTISE, RECEIVE BIDS AND ENTER INTO VARIOUS MATERIALS, SUPPLIES AND CONSTRUCTION CONTRACTS NEEDED TO CONSTRUCT IMPROVEMENT PROJECTS, AND/OR ENTER INTO CONTRACTS FOR THE PURCHASE OF MATERIALS AND SUPPLIES PURSUANT TO REVISED CODE SECTIONS 125.04 AND 5513.01; AUTHORIZING THE AUDITOR TO ESTABLISH THE 2236 ENERGY EFFICIENCY AND COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -694- MINUTES OF THE MEETING OF DECEMBER 7, 2009 CONSERVATION GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 193/2008; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance & Environmental & Public Utilities Committees ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for the 2nd Reading. Madame Clerk will you begin with Ordinance 8 please. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #8 THROUGH #10 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE STARK COUNTY PUBLIC DEFENDER COMMISSION FOR THE PROVISION OF LEGAL SERVICES TO INDIGENTS; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH THE OHIO EPA AND THE OHIO WATER DEVELOPMENT AUTHORITY FOR AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS AND WATER POLLUTION CONTROL LOAN FUNDS IN THE FORM OF A STANDARD LOAN WITH PRINCIPAL FORGIVENESS; DESIGNATING THE 4501 CAPITAL IMPROVEMENT FUND AS THE LOAN REPAYMENT SOURCE; AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT AND THE MAYOR AND/OR SERVICE DIRECTOR TO EXECUTE SAID CONTRACT; AMENDING APPROPRIATION ORDINANCE NO. 193/2008; AND DECLARING THE SAME TO BE AN EMERGENCY #10. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE: TO PURCHASE A 12 ACRE TRACT OF LAND INCLUDING MINERAL RIGHTS IN AN AMOUNT NOT TO EXCEED $186,313.50; ACCEPT DONATION OF REAL PROPERTY IN THE AMOUNT OF $60,436.50; ENTER INTO AGREEMENT TO PURCHASE SAID PARCEL; RECEIVE FUNDS IN THE AMOUNT OF $186,313.50 FROM THE CLEAN OHIO CONSERVATION FUND FOR THE PURCHASE OF SAID PARCEL; RESERVE THE PARCELS FOR PRESERVATION PURPOSES AND PASSIVE RECREATIONAL AND EDUCATION ACTIVITIES; AND DECLARING THE SAME TO BE AN EMERGENCY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. We’re now under Ordinances and Formal Resolutions for their Third and Final reading and vote. Madame Clerk would you please begin with Ordinance 11 please. #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 235/2009 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -695- MINUTES OF THE MEETING OF DECEMBER 7, 2009 ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (2015 E. TUSC - JOSEPH & DEBORAH LAW) PUB HRG 12/7/09 @ 7:30 P.M. PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance #8. PRESIDENT SCHULMAN: 11, 8, they’re all the same basically aren’t they? MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #8 or 11 whatever you want. Ordinance #11 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 #11 ADOPTED AS ORDINANCE NO. 235/2009 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #11 is adopted. Ordinance #12 please. #12. (3RD RDG) ADOPTED AS ORDINANCE NO. 236/2009 AN ORDINANCE AMENDING SECTION 1157.02, PERMITTED USES, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON (TRUCK TERMINAL) PUB HRG 12/7/09 @ 7:31 P.M. PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance #12. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #12.. 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 #12 ADOPTED AS ORDINANCE NO. 236/2009 PRESIDENT SCHULMAN: Ordinance #12 is adopted. Ordinance #13 please Madame Clerk. #13 (3RD RDG) ADOPTED AS ORDINANCE NO. 237/2009 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $12,000.00 TO SQUIRE, SANDERS & DEMPSEY LLP; AND COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -696- MINUTES OF THE MEETING OF DECEMBER 7, 2009 DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance #13. MEMBER DOUGHERTY: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #13.. Are there any remarks? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes Member Cirelli. MEMBER CIRELLI: Mr. Martuccio sir, could you refresh me sir on what the moral ob exactly was for. PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Mr. President, Member Cirelli. I believe this is the Squires and Sanders Ordinance. PRESIDENT SCHULMAN: Yes. LAW DIRECTOR MARTUCCIO: If you recall a couple of years ago Council was presented with a very complicated series of steps to allow the Water Reclamation, then known as Water Pollution Control Center to enter into a series of projects to help us come into compliance with certain standards that the EPA wanted our water to meet and there was potential that with a certain mineral, phosphorous, it could be hugely expensive so we asked for some help from Squire Sanders which is a large law firm in Cleveland and one of only two or three renoun experts in Ohio to help us deal with the EPA in addressing these issues and some of them really have been addressed and clarified somewhat to our advantage in involving a new plan. Also included in that money was scientific help and a scientific expert. As Mr. Mills explained it was a complicated process. It’s still ongoing. We still may have to spend 10's of millions of dollars on phosphorous removal but this process is essential and it’s been helpful. At that time, we asked for $30,000.00. We need what we think will be about another $12,000.00 to pay the experts and it won’t come out of the general fund. It will be out of proprietary funds designed to pay that. MEMBER CIRELLI: Thank you Mr. President. Thank you Mr. Law Director. PRESIDENT SCHULMAN: Thank you Member Cirelli. Any other remarks on Ordinance 13? 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. 237/2009 COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -697- MINUTES OF THE MEETING OF DECEMBER 7, 2009 PRESIDENT SCHULMAN: Ordinance #13 is adopted. Thank you Madame Clerk. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you sir. Finance Committee will meet Monday, December 14th at 6 P.M. PRESIDENT SCHULMAN: Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Judiciary will meet the same time and the same place. PRESIDENT SCHULMAN: Thank you. MEMBER GRIFFIN: Mr. President. PRESIDENT SCHULMAN: Member Griffin. MEMBER GRIFFIN: Environmental & Public Utilities will meet on December 14th at 6:00. PRESIDENT SCHULMAN: Thank you. MEMBER KRAUS: Mr. President. PRESIDENT SCHULMAN: Member Kraus. Member Kraus. MEMBER KRAUS: Public Safety & Thoroughfare will meet December 14th at the same time. PRESIDENT SCHULMAN: Thank you. MEMBER CASAR: Mr. President. PRESIDENT SCHULMAN: Yes Leader Casar. MEMBER CASAR: Community & Economic Development Committee will also meet that night. PRESIDENT SCHULMAN: Any other... MEMBER WEST: Mr. President. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -698- MINUTES OF THE MEETING OF DECEMBER 7, 2009 PRESIDENT SCHULMAN: Yes Member West. MEMBER WEST: Also on Friday at 6 PM we are going to have a Committee meeting here in the Chamber in reference to the International Code if anybody’s interested in speaking out on that or speaking for or opposed on that Ordinance and if you want to discuss it, we’ll be here at 6:00 on Friday. PRESIDENT SCHULMAN: 6:00 on Friday night. This is a night, Friday night. MEMBER WEST: This Friday 6:00 PM. Friday 6 PM. Right here in the Council Chambers. What date is Friday? PRESIDENT SCHULMAN: Did you say Friday? CLERK TIMBERLAKE: The 11th. MEMBER WEST: December 11th. I said Friday at 6 PM. PRESIDENT SCHULMAN: Got it. Well I know there’ll be a crush of people in the hallway for that meeting. PUBLIC SPEAKS (OPEN FORUM--CITY BUSINESS ONLY) PRESIDENT SCHULMAN: And now we’re under Public Speaks, we do have three speakers this evening. Our first speaker is Kevin Byrd. Kevin would you step forward please and give us your name and your residential address. And good evening. KEVIN BYRD: Yes my name is Kevin Byrd and I live at 605 Smith Avenue SW and what I’m coming to you today is about a man, a nuisance in our neighborhood. He calls our Mayor over, he’s been called our Mayor over 327 times on cars parked in their driveways and grass maybe not be cut. Little petty stuff he calls our Safety, not this Safety Director but it was a black guy who used to be the Safety Director and he was calling about drug houses and these are not drug houses and he has called on me. The police have came raided my house and did not find nothing and he keeps calling them again. My mother has Alzheimer’s and she yells some times. I babysit her through the day and he’s called the police and they come and they knock at the door for little different things and I’m trying to get this and even my neighbors are upset about this that our police, Mr. Porter listens, Mr. Terry Prater listens. He calls these people harassing them all the time and this needs to stop. He’s sitting up there calling these people and I wish that you would sit there and get a hold to him. His name is Mark Braless. He lives at 708 Smith Ave SW. PRESIDENT SCHULMAN: Okay. Thank you very much Mr. Byrd. Thank you. Our next speaker is the President of the Canton Firefighters. Rosario Carcione. Rosario good evening. If you would give us your name and your residential address please. ROSARIO CARCIONE: My name is Rosario Salvatore Carcione, President of Canton Professional Firefighters Association. I reside at 5205 Giacomo Ct NW, Canton, Ohio. Tonight, I’d just like to publicly thank the support of the people that have been calling the union phone line in reference to the members that are facing lay offs. I’d also like to thank the resident that sent the turkeys over to all the members, to the police officers and firefighters. That was very thoughtful and we appreciate that. Also wanted to extend a thanks to the gentleman that has been demonstrating out in front of City Hall over the past few days. I believe his name COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -699- MINUTES OF THE MEETING OF DECEMBER 7, 2009 is Mr. Watson and I just wanted to let him know, although we would love to be out there with him today, there’s a few legal hurdles we have to jump through and we will be able to join him December 21st for our informational picket in front of City Hall here from 11 to 7:30. Thank you. PRESIDENT SCHULMAN: Thank you President Carcione. We appreciate your time. (APPLAUSE) Our next speaker is Daniel Fonte. Would you step forward and give us your name and your residential address and welcome. DANIEL FONTE: My name is Dan Fonte and reside at 4415 Dawn Ridge Circle NW here in Canton. First of all I’d like to publicly go on record and thank a person that’s getting off of Council or retiring, Councilman Casar. I’ve been around Council for 30, 35 years over various issues and with the Mayor’s father even and some of you guys weren’t around then but we’ve did a lot of issues that we thought were good for the citizens of the City of Canton. And I’ve made this statement before, there’s only two people in my humble opinion that I’ve thought knew more about Canton city government that anybody else I ever worked with and that was Art Cirelli and Don Casar. And I think this city would have been greatly served if either one of them two guys would ever run for Mayor and I’ll tell ya, those guys knew how city run. They worked at it hard and they done a good job. And Councilman Casar I think this city is gonna really miss you because in the coming years, this is going to be some tough times here economically for everybody and your leadership’s going to be sorely missed so I want to publicly thank you for myself and people that I work with. (APPLAUSE) Now secondly as a resident of the 8th Ward, I was very saddened to see Butch Kraus lose this election. No disrespect to the person that won but I’m gonna tell ya, Butch you’ve done more for the 8th Ward than any other Councilman in my opinion and I want to thank you from the residents. Thank you for a hella’ve good job. (APPLAUSE) And don’t give up. Thank you. PRESIDENT SCHULMAN: Thank you Dan. I think everyone here echoes those remarks. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: We all know the Federal Building’s going up and I questioned at one time about the police vehicles parking around the Frank T. Bow building and I was told that since 9/11 that they were instructed that all federal buildings had to have the police cruisers in circling them. So I am, can only assume that that’s going to happen but I have some concerns what is going to happen to the Frank T. Bow building from what I read in the paper. It’s like they’re moving every office that’s in there over to the other building and is there anything, does anybody know if there’s any move to use that building or what’s going to become of it because it in itself is a historic building and I have some concerns about that and Mr. President and Member Smuckler says it reverts to the county but it still sits within the City of Canton and should we at least make some motion of finding out from them what’s going to become of that building. PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Thank you Mr. President, Council Member Cirelli. Yea there is a procedure that takes place when a federal building is vacated. It’s available first to any federal offices that may want to move into it. If none take it then it goes to the state for any state offices that may be interested. If none take it, then it COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -700- MINUTES OF THE MEETING OF DECEMBER 7, 2009 goes to the county and from there it is then offered to the city. And from what we understand there was a lot of interest from the county level so we weren’t sure it would ever make it to the city level. We have talked to a business or two that has interest in it but again we’re not sure exactly where it falls down the list. It may not even make it to the county, but all expectations are that it will probably be at the county level before it gets to the city. MEMBER CIRELLI: Mr. President and Mayor. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: I thank you for that information because I really didn’t want to see what usually happens to the buildings around here. You know all of a sudden it’s down for demolition and often times we spend more on demolishing a building because of what is in the buildings now that is considered as hazardous stuff but if it’s left alone and in capsulated it’s not a problem and that’s a darn good building and hate to see that building come down, as well as I’m sure you also have that in mind. Also Mr. President if I might, then if someone else in Council wants to speak, there was quite a few articles in the paper about different businesses that are, we are looking forward to hopefully within the area. I’m not going to speak on the one but it was there with also a building concerned fuel cell center and I hope that we’re on top of that sir for jobs for the area. Do you know anything about that Mayor? PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Thank you Mr. President and Member Cirelli. We have a number of different conversations and negotiations going on with some companies. We have one that’s interested in an area at the Mills Industrial Park. We have another one that’s looking at an area near, near Ford the Downtown Ford area, that area. I really can’t get into a whole lot of specifics at this point in time because many of the conversations are confidential until more action is taken but if you want to talk privately, I can share what we know or have you sit down with Robert Torres. MEMBER CIRELLI: Mr. President and Mayor Healy I understand the confidentiality issue but I just need some reassurance and I think this city needs some reassurance that we’re doing everything we possibly can to bring businesses with good paying jobs into the city because it’s very much needed and you should know that just as well as I do and I think every Councilman here and every avenue that we can, if we can get there ahead of somebody else in the game and maybe capture it I would like to see that happen and I would be glad to sit on a board to do whatever you can to make this occur. Thank you sir. PRESIDENT SCHULMAN: Thank you Member Cirelli. Leader Casar. MEMBER CASAR: Mr. President if I might elect, address these comments to Member Smuckler if I may. Member Smuckler I read in the local newspaper that the City Council’s expected to decrease their wages at the end of the year and I personally don’t have a problem with that and I personally and sincerely don’t think that the Council Members would disagree with that and they would do whatever necessary however, what bothers me is when you talk to the press about things that you should be discussing with this entire Council and you should be make them aware of what your intentions are in the form of a Resolution or whatever it may be. But you should do that first out of courtesy. I am a Member of this Council for three more weeks and Majority Leader and I will have to vote on this if it comes to the floor and you didn’t give me the common courtesy or other Members of Council that I spoke to, which was the majority of the Council Members and I feel that you did a disservice to all of us. As I said before, I know this Council and the Council Members would be willing COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -701- MINUTES OF THE MEETING OF DECEMBER 7, 2009 to do whatever we can do to help the city out in a financial crush. I only wish that you would have came and discussed this with the Council Members before going to the press. MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Number one, the press contacted me, I didn’t call the press. Number two, I started talking to a number of the Council Members and then the press called me. I also talked to the next Majority Leader, which this effects the next Council, it doesn’t effect this Council even though you do have to vote on it Member Casar, and I think it’s, I think it’s was discussed at the set up session and this Council will be taking some type of a salary decrease and the majority of the people have that have agreed to do this, but unfortunately when we try to make phone calls that I was making some times it never quite gets that far especially like Don you and I have talked about when we have Executive Sessions where you can’t even imagine where things go. Unfortunately like I said, I quite making them as soon as I got that phone call on Friday. MEMBER CASAR: Mr. President. PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: I tried to keep this as non-political as I could however, I’ll have to make it political I guess. I spoke today to five Council Members that did not know anything about this and I’m sick and tired of you using this Council Chamber as a political forum to get re-elected to another office. Let’s do what we’re supposed to do, legislate and serve the citizens of Canton as Council Members. PRESIDENT SCHULMAN: Thank you Leader. Any other remarks? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Mr. President on a non-related issue there, I was down at the H.E.A.P. office today and my friend Dan Fonte told me today, he said “You know, they’re giving out furnaces to a lot of people in the community, and all these stimulus dollars and recovery dollars why are we contacting our constituents about getting new furnaces so that we have more efficiency.” And I think we should all, we owe, we do owe it to our constituencies to look into this and see if they qualify for a new furnace in their homes. So I want to thank Dan for bringing that to my attention. But also I wanted to ask the, well no thank the Mayor and the Community Development Department for inviting us up to meet with some of the NSP Group that came from, was it Columbus? Learned a lot about the Neighborhood Stabilization Program through our discussion with them and it looks like we are going to do some wonderful things for our community even at a time of a recession. I think this Council’s going to be very pleased and I think, Dave was there with us as well so, I just wanted to thank you guys for inviting me up there and letting me hear some of the things that we do in our city. Thank you. PRESIDENT SCHULMAN: Thank you Member West. Member Kraus. MEMBER KRAUS: Yes, Mr. President thank you. I know times are hard and everybody’s feeling the crunch but this Friday, December 11th, Canton Ex-Newsboys will be out there in the streets and I’ll be at City Hall guys like I am every year so everybody brings a few extra dollars for the can, it’s really hitting us really hard. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -702- MINUTES OF THE MEETING OF DECEMBER 7, 2009 We’ve already exceeded this year for the school year to help kids in Stark County our other 49 years. This is going to be our biggest year and this brings tears to my eyes but you know, gotta do it. Thank you. PRESIDENT SCHULMAN: Thank you Member Kraus. You’ve done a great job. (APPLAUSE) MEMBER GRIFFIN: Mr. President. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Member Griffin. I already introduced the young man from Central Catholic. MEMBER GRIFFIN: That’s alright. No, I will be up at the Key Bank on 30th Street so come on up and say hi to me. I don’t like to be lonely up there. I got big coffee can and I’d like to fill that up. Keep it light too. I like to keep it light. Thank you. Yea I’ll be there. 9 to 11. PRESIDENT SCHULMAN: Thank you. Member Cirelli. MEMBER CIRELLI: Mr. President I don’t know how exactly I’m going to be doing but I’ll be at Taggart’s and also at the old Kennedy Bar-B-Que place collecting for the Ex-Newsies cause I’m the first female lady on their board. But I also wanted to mention to Councilman West. Last week I sent a letter to find, because I seen the stimulus monies were coming for those furnaces so I’ve already contacted that person and Pattie can provide you a copy of that sir to see about how much was there and how they were going to be using it cause I’ve had the same thing. There are some constituents out there that do need furnaces and I appreciate that. On another part, I would appreciate it also that when you went to the meeting if you could share with us that wasn’t at the meeting, of the NSP that you mentioned how they plan on spending those dollars and what’s coming up. I would greatly appreciate it Tom. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Sure Member West go ahead. MEMBER WEST: I’m not going to present it tonight but I do believe tomorrow Community Development Department will be here in the Caucus. Mayor do you want to announce that and what’s going to happen there? DIRECTOR TORRES: (Speaking from the audience) The Department of Development will be presenting it’s 2009 accomplishments and projects and efficiency that enters us into 2010 with our budget and how we allocate and dedicate funds in this year and it will also give you an opportunity to look at how things are projected. (Inaudible comment) One of the things the Majority Leader and also the Majority Leader inc and Councilman West referred to today is going to be a request from our department to amend the NSP plan according to the technical advice that was provided to us and so you’ll be hearing about that tomorrow. MEMBER CIRELLI: What time sir. DIRECTOR TORRES: 5:30 MEMBER CIRELLI: Thank you sir. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -703- MINUTES OF THE MEETING OF DECEMBER 7, 2009 PRESIDENT SCHULMAN: Thank you Director. Are there any other remarks? Hearing none Leader Casar. MEMBER CASAR: 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: The meeting is adjourned. Thank you ladies and gentlemen. (Gavel falls) ADJOURNMENT TIME: 8:16 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT