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City Council

Regular Meeting

Canton, OH · March 1, 2010

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -110- MINUTES OF THE MEETING MARCH 1, 2010 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. Before we begin I must again thank my good friend Member Smuckler for sitting in for me last week. I do want Member Cirelli to know that I wish I could say to the public and to you that I was in Las Vegas or in the Caribbean or someplace exotic but I was actually in Cleveland last Monday night with a long deposition and a long day of testimony and then the following day the same thing, so I do apologize and I apologize to the Members of Council, the Administration, and the public. I really do not enjoy missing these meetings but sometimes work just takes precedence and publicly I do apologize. But I wanted you to know particularly Member Cirelli since you abstained and in my three years I haven’t heard anyone abstain from excusing someone.... MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: And Member Cirelli is my friend. Anyway, 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: (DAVID DOUGHERTY, TERRY PRATER, MARY CIRELLI, JOE COLE, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, PATRICK BARTON, MARK BUTTERWORTH & BRIAN HORNER) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. We’ll have the invocation tonight given by Council Member Jim Griffin. Will you all please remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on Monday, March 1, 2010 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 3 Council Member, James Griffin. The Pledge of Allegiance led by President Allen Schulman. PRESIDENT SCHULMAN: You know, I was just thinking, what happens if you’re not here and the motion doesn’t carry? (LAUGHTER) Suppose it’s 12, 0, no I’m sorry. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes Member Cirelli. MEMBER CIRELLI: If you would like an explanation I guess what happened is, I was sending you a message because to my understanding nobody really knew why you wasn’t here. PRESIDENT SCHULMAN: Oh, I apologize. MEMBER CIRELLI: And just think if that’s what your friends will do, look what your enemies could do. So it’s just a......to forewarn you. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -111- MINUTES OF THE MEETING MARCH 1, 2010 PRESIDENT SCHULMAN: I’ll have to make sure Member Smuckler knows the next time. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We are now under agenda corrections and changes. Members of Council you’ve been asked to suspend Rule 22A to add the 2nd Reading of Ordinances 11, 14, 16, 22. Ordinance 15 will be Retained in Committee. Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we suspend Rule 22A to add 2nd Reading Ordinances 11 through 14, 16 through 22 and 15 will be Retained in Committee. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: Are there any remarks? It’s been moved and seconded 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. 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 we have no Public Hearings this evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks. Similarly we have no speakers signed up this evening. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. Madame Clerk will you please read Resolution 16 by title. #16. COUNCIL-AS-A-WHOLE: OPPOSING THE RECOMMENDED BUDGET CUT FOR THE DEPT OF JUSTICE WEED & SEED PROGRAM. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 16. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 16. Are there any remarks under this Resolution? Hearing none, by voice vote, all those in favor signify by saying aye. All those opposed no. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -112- MINUTES OF THE MEETING MARCH 1, 2010 NO REMARKS RESOLUTION #16 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Madame Clerk, Resolution 17 please. #17. DOUGHERTY, D. WARD 6 CNCLMBR: SUPPORTING THE COUNTYWIDE 9-1-1 DISPATCH CENTER PLAN, IN PRINCIPLE. - ADOPTED PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 17. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 17. Are there under remarks under this Resolution? Hearing none, by voice vote, all those in favor signify by saying aye. All those opposed no. NO REMARKS RESOLUTION #17 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, motion carries. Resolution 18 please. #18. PERSONNEL COMMITTEE: APPROVE APPT OF DANIEL R. COEN TO SERVE ON HOUSING ADVISORY BOARD FOR 3 YR TERM FROM 3/3/10 TO 2/28/12. - ADOPTED PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 18. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 18. Are there any remarks under this Resolution? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Member Cirelli. MEMBER CIRELLI: When this came up in Committee for discussion and somebody asked the administration, being the Mayor, why he didn’t appoint somebody, the question was “Was this gentleman live inside the city of Canton?” and the answer was no. And it was asked why don’t we have somebody with the population of 76,000 serving on this Board and the Mayor came back and said well each Council Member should, to my understanding, it was go on the website and then we could find out what we should appoint to. I thought that was a bit discerning to me. I thought it would have been nice if the Mayor could have just a memo come down and say, I’m planning on, you know, filling this Board, does anyone have a COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -113- MINUTES OF THE MEETING MARCH 1, 2010 recommendation? I would more or less appreciate that. So with that said, because of that I guess I’ll have to vote no. PRESIDENT SCHULMAN: Alright. Thank you Member Cirelli. Any other remarks on Resolution 18? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #18 MULTIPLE YEAS/MULTIPLE NAYS PRESIDENT SCHULMAN: Alright then I’m gonna ask the Clerk to have a...... CLERK TIMBERLAKE: Roll call. PRESIDENT SCHULMAN: Roll call please Madame Clerk. NO REMARKS ROLL CALL: 9 YEAS, 3 NAYS (MEMBERS HAWK, CIRELLI & BARTON VOTED NAY) CLERK TIMBERLAKE: Nine yeas, three, I’m sorry nine yeas, three. Excuse me nine yeas three nays. PRESIDENT SCHULMAN: The nays sounded a lot louder than, CLERK TIMBERLAKE: Sorry. PRESIDENT SCHULMAN: You guys are good. I thought this was going down to defeat. The motion does carry in a nine to three vote. Resolution 19 please. #19. PERSONNEL COMMITTEE: APPROVE APPT OF BRENDA TURNER TO SERVE ON HOUSING ADVISORY BOARD FOR 3 YR TERM FROM 3/1/10 TO 2/28/12. - ADOPTED PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 19. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 19. Are there any remarks under this Resolution? MEMBER WEST: Mr. President. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member West. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -114- MINUTES OF THE MEETING MARCH 1, 2010 MEMBER WEST: I know this young lady. I’m gonna have to abstain cause she’s, works at our office. PRESIDENT SCHULMAN: Alright. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Thank you. This young lady does live in the city of Canton. Thank you. PRESIDENT SCHULMAN: Very good, thank you Member Cirelli. Any other remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #19 PASSED BY VOICE VOTE (MEMBER WEST ABSTAINED) PRESIDENT SCHULMAN: Abstained, Member West. The motion carries. COMMUNICATIONS PRESIDENT SCHULMAN: We are now under Communications. 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 MARCH 1, 2010. 108. HAWK, G. WARD 1 CNCLMBR: REQ LEGISLATION REQUIRING APPROPRIATE PUBLIC BLDGS TO HAVE AUTOMATED EXTERNAL DEFIBRILLATORS ACCESSIBLE TO HELP SAVE LIVES. - JUDICIARY COMMITTEE 109. MAYOR HEALY: REQ AUTHORIZATION TO CREATE THE OFFICE OF COMM DEV & PLANNING & THE POSITION OF DIR OF COMM DEV & PLANNING. - PERSONNEL & FINANCE COMMITTEES 110. PICARD, JOHN, APPLICANT: APPLICATION FOR ZONE CHANGE @ 305 WERTZ AVE NW FROM OS - (OPEN SPACE) TO PB-4 (PLANNED SPECIAL BUSINESS) TO ALLOW FOR AN ELECTRONIC SIGN (STARK COUNTY FAIRGROUNDS). - PLANNING COMMISSION 111. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR PURCHASE OF 124 PAIR OF BOOTS FOR FIRE DEPT; AUTHORIZE SAF DIR TO ENTER INTO CONTRACT W/WARREN FIRE EQUIP FOR PURCHASE OF 151 SETS OF TURNOUT GEARS FOR FIRE DEPT. - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -115- MINUTES OF THE MEETING MARCH 1, 2010 112. SERVICE DIRECTOR PRICE: REQ CHANGES TO CLASSIFICATION PLAN FOR MGMT NON- BARG UNIT PERSONNEL (SANITATION & ENVIRONMENTAL CONTROL DIV). - PERSONNEL COMMITTEE 113. SERVICE DIRECTOR PRICE: AUTHORIZE TO ENTER INTO AGMT W/NORTHEAST OH LABOR MGMT COUNCIL IN AMT NOT TO EXCEED $10,000.00 TO PROVIDE LABOR MGMT CONSULTATION SVCS; REQ $10,000.00 SUPP APPROP FROM 1001 GENERAL FUND TO 1001 201001 70506 OTHER PROF SVCS. - FINANCE COMMITTEE 114. SERVICE DIRECTOR PRICE: REQ THE FOLLOWING ORDINANCES BE PREPARED & ADOPTED IN ORDER TO BALANCE THE 2010 GENERAL FUND BUDGET: AUTHORIZE A ONE TIME USE OF 4501 CAP IMPROVEMENT FUND FOR THE PAYMENT OF UTILITY PAYMENTS; AUTHORIZE THE REIMBURSEMENT OF UTILITY PAYMENTS ALREADY MADE; AUTHORIZE VARIOUS SUPP APPROPS AMENDING O#1/2010. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 115. SERVICE DIRECTOR PRICE: AUTHORIZE TO ENTER INTO PROF SVCS AGMT W/KIKO AUCTIONEERS, INC TO CONTINUE CONDUCTING CITY AUCTIONS AS THE SVC CENTER FOR SALE OF SCRAP & DISCARDED JUNK & CITY - IMPOUNDED VEHICLES. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We are now under Ordinances for their First Reading. 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 ORDINANCES #1 THROUGH #10 FOR THEIR FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT AN AID TO FIREFIGHTERS GRANT IN AN AMOUNT NOT TO EXCEED $200,300.00; AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee # 2. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ACCEPT DONATIONS TO FUND PORTIONS OF THE CANTON CONNECTION FOR FISCAL YEAR 2010; AMENDING APPROPRIATION ORDINANCE NO. 1/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -116- MINUTES OF THE MEETING MARCH 1, 2010 #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A JOB CREATION TAX INCENTIVE AGREEMENT WITH AMERIDIAL, INC.; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 17/89, AS AMENDED, AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED CONTRACT WITH THE CANTON COMMUNITY IMPROVEMENT CORPORATION TO ADMINISTER ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN AN AMOUNT NOT TO EXCEED $500,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development and Finance Committees #5. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY ($152,265.00 2211 506001 COMM DEV FUND) Referred to Community & Economic Development and Finance Committees #6. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR REUSE 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 (PARCEL #02-22031 LAWRENCE RD NE, RICHARD T. MALLETT) Referred to Community & Economic Development Committee #7. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010, AS AMENDED, BY MAKING THE APPROPRIATION REDUCTIONS, SUPPLEMENTAL APPROPRIATIONS, AND INTERFUND TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (NECESSARY FOR CITY’S CONTINUING OPERATIONS) Referred to Finance Committee #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE LEASING OF AVAILABLE SUBFLEETS ON THE CITY’S 800 MEGAHERTZ COMMUNICATION SYSTEM; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #9. (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 164/2001, AS AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR ALL MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (CRIME LAB - POLICE DEPT) Referred to Personnel Committee COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -117- MINUTES OF THE MEETING MARCH 1, 2010 #10. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO APPLY FOR AND ACCEPT POTENTIAL GRANT FUNDING THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT FOR THE NORTHEAST WATER TREATMENT PLANT IMPROVEMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY ($15,000,000.00) Referred to Public Property Capital Improvement Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Thank you Madame Clerk. We are now under Ordinances and Formal Resolution for their Second Reading. Would you please begin with Resolution and Ordinance 11? NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES 11 THROUGH 22 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #11. (2ND RDG) AN ORDINANCE VACATING A PORTION OF MENTZER PLACE NE; AND DECLARING THE SAME TO BE AN EMERGENCY PUB HRG: 3/8/10 @ 7:30 PM #12. (2ND RDG) 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 (1639 MAPLE AVE NE - MUNIR RASDAN) PUB HRG: 3/8/10 @ 7:31 PM #13. (2ND RDG) 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 (1658 SUPERIOR AVE NE - FAMILY CHRISTIAN CENTER) PUB HRG: 3/8/10 @ 7:32 PM #14. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT A GRANT FROM THE OHIO DEPARTMENT OF PUBLIC SAFETY IN AN AMOUNT NOT TO EXCEED $4,500.00; AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AND DECLARING THE SAME TO BE AN EMERGENCY (FIRE DEPARTMENT) #15. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ACCEPT A GRANT FROM THE OHIO DEPARTMENT OF NATURAL RESOURCES (ODNR) IN AN AMOUNT NOT TO EXCEED $495,000.00 FOR THE CONSTRUCTION OF AN INDOOR WATER PARK FACILITY AT THE EDWARD “PEEL” COLEMAN CENTER; AND ENTER INTO A PASS THROUGH AGREEMENT WITH THE ODNR IN AN AMOUNT NOT TO EXCEED $495,000.00; AUTHORIZING THE AUDITOR IS AUTHORIZED TO ESTABLISH THE 2237 WATER PARK FACILITY GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -118- MINUTES OF THE MEETING MARCH 1, 2010 #16. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY ($53,091.00 POLICE DEPARTMENT) #17. (2ND RDG) AN ORDINANCE AMENDING SECTION 133.051, CHARGES FOR PUBLIC SAFETY SERVICES AT SCENES OF MOTOR VEHICLE ACCIDENTS, AND SECTION 705.07, PROHIBITIONS AND PENALTIES FOR FALSE ALARMS, APPEALS, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON #18. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AN AGREEMENT WITH THE CREDIT BUREAU OF STARK COUNTY FOR COLLECTION SERVICES REGARDING AMBULANCE BILLING COLLECTIONS AND NON-FIRE RELATED FIRE DEPARTMENT SERVICES FOR MOTOR VEHICLE ACCIDENTS; AND DECLARING THE SAME TO BE AN EMERGENCY #19. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH STANDARD INSURANCE COMPANY FOR GROUP TERM LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE COVERAGE FOR ELIGIBLE CITY EMPLOYEES; AND DECLARING THE SAME TO BE AN EMERGENCY #20. (2ND RDG) ADOPTED AS ORDINANCE NO. 31/2010 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AMENDMENT NO. 1 TO THE COOPERATION AGREEMENT WITH J.R. COLEMAN COMMUNITY RENOVATION CORPORATION FOR THE MAHONING ROAD CORRIDOR ECONOMIC DEVELOPMENT PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AND DECLARING THE SAME TO BE AN EMERGENCY ($440,000.00) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules for three readings on Ordinance 20. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It has been moved and seconded to suspend the Statutory Rules for Ordinance #20. 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: The motion carries. Leader, you’ve heard the three readings. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -119- MINUTES OF THE MEETING MARCH 1, 2010 MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 20. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It has been moved and seconded that you adopt Ordinance 20. 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. #20 ADOPTED AS ORDINANCE NO. 31/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #20 is adopted. Ordinance #21 please. #21. (2ND RDG) AN ORDINANCE AMENDING SECTION 551.01, DEFINITIONS, AND SECTION 551.03, NOTICE TO REMOVE; ACTION UPON NONCOMPLIANCE, PROCEDURE FOR COLLECTING EXPENSES; APPEALS, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON #22. (2ND RDG) AN ORDINANCE AMENDING SECTION 917.04, NOTICE TO TRIM; CITY MAY TRIM, UNPAID COSTS A LIEN, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. We’re now under Ordinances for their Third and Final Reading. #23. (3RD RDG) REFERRED BACK TO CMTE AN ORDINANCE AMENDING TITLE SEVEN, HOUSING STANDARDS, OF PART THIRTEEN - BUILDING CODE OF THE CODIFIED ORDINANCES (IPMC) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 23. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 23. Are there any remarks, Leader? MEMBER DOUGHERTY: Mr. President I move we refer Ordinance 23 back to Committee. MEMBER PRATER: Seconded. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -120- MINUTES OF THE MEETING MARCH 1, 2010 PRESIDENT SCHULMAN: It has been moved and seconded that Ordinance 23 be referred back to the Committee. Are there any remarks under that motion? Hearing none Madame Clerk roll call vote please. We’ll do it by voice vote. All those in favor signify by saying aye. Those opposed no. NO REMARKS #23 REFERRED BACK TO CMTE UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The motion carries. Ordinance 23 is referred back to Committee. Ordinance #24 please Madame Clerk. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 32/2010 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010, AS AMENDED, BY MAKING THE APPROPRIATION REDUCTION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY ($556,340.11 - HOMELESS PREV & RAPID REHOUSING) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: I move we adopt Ordinance 24 please. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 24. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS, 1 ABSTAINED (MEMBER WEST ABSTAINED) CLERK TIMBERLAKE: Eleven yeas, one abstain Mr. President. #24 ADOPTED AS ORDINANCE NO. 32/2010 PRESIDENT SCHULMAN: Thank you, motion carries. Ordinance 24 is adopted. Ordinance 25 please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 33/2010 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AS AMENDED, BY MAKING THE APPROPRIATION TRANSFER AND SUPPLEMENTAL APPROPRIATIONS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (NEIGHBORHOOD STABILIZATION FUND - $111,227.11, FED PROJ FUND & YOUTH DEV DONATION FUND) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: I move we adopt Ordinance 25. MEMBER PRATER: Seconded. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -121- MINUTES OF THE MEETING MARCH 1, 2010 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 25. 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. #25 ADOPTED AS ORDINANCE NO. 33/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #25 is adopted. Ordinance #26 please. #26. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 34/2010 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO COMPLETE THE CONTRACTING PROCESS FOR CONTRACTS PREVIOUSLY AUTHORIZED BUT NOT COMPLETED BY JANUARY 1, 2010; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: I move we adopt Ordinance 26. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 26. Are there any remarks under this Ordinance? Leader Dougherty. MEMBER DOUGHERTY: Yes, I’d like to amend Ordinance 26 per the copy in front of all Council Members. MEMBER PRATER: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 26 by the substitution of the attached, revised ordinance for the pending version. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 26 by virtue of the copy before each of the Council Members. Are there any remarks under that motion? MEMBER DOUGHERTY: Yep, Member, Mr. President. Could we have that amendment summarized please? PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you, Mr. President, Mr. Majority Leader. This Ordinance is being amended by adding one more incomplete contract to the Ordinance. The way it was originally presented to you, it included Ordinance 143/2009 which re-authorizes the Mayor to file an application with HUD for CHDO funds and HOME CHDO funds. What this Council is adding to it by way of the amendment is COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -122- MINUTES OF THE MEETING MARCH 1, 2010 Ordinance 204/2009 which was passed very late in 2009 and it would re-authorize the Mayor to file an application with the EPA, US EPA to execute a cooperation agreement with the EPA and accept $444,004.00 in Brownfield stimulus funds and to authorize the Mayor to enter into contract with Stark State College for over $375,000.00 and Goodwill Industries of Greater Cleveland and East Central Ohio in an amount not to exceed $66,800.00 + in order to complete the joint project. It also allows the Auditor to create a fund and establish a training, a job training grant fund. Again that was all part of Ordinance 204/2009 which had also amended 193/2008. So to summarize you are being asked to pass and re-authorize two contracts that weren’t completed last year instead of one. Thank you. PRESIDENT SCHULMAN: Thank you, Leader Dougherty any questions? MEMBER DOUGHERTY: No that’s quite enough. PRESIDENT SCHULMAN: It’s been moved and seconded therefore to amend Ordinance 26 by virtue of the copy before each of you and obviously the excellent explanation by our Law Director, Mr. Martuccio. Are there any further remarks? Hearing none by voice vote on the motion to amend, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The motion carries. Ordinance 26 is amended. Leader Dougherty. MEMBER DOUGHERTY: Yes, I’d like to adopt Ordinance 26 as amended. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 26 as amended. Are there any remarks under this Ordinance as amended? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #26 ADOPTED AS AMENDED AS ORDINANCE NO. 34/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 26 as amended is adopted. Ordinance 27 please. #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 35/2010 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $5,000.00 TO SMITH ADVISORY GROUP; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 27. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -123- MINUTES OF THE MEETING MARCH 1, 2010 MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 27. 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. #27 ADOPTED AS ORDINANCE NO. 35/2010 PRESIDENT SCHULMAN: Ordinance 27 is adopted. Ordinance 28 please. #28. (3RD RDG) ADOPTED AS ORDINANCE NO. 36/2010 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ACCEPT AND EXECUTE GRANTS FROM THE STARK-TUSCARAWAS-WAYNE JOINT SOLID WASTE MANAGEMENT DISTRICT; AND DECLARING THE SAME TO BE AN EMERGENCY (2010 RECYCLING MAKES SENSE & 2010 COMPOSITE PGM) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 28. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 28. 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. #28 ADOPTED AS ORDINANCE NO. 36/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 28 is adopted. Ordinance 29 please. #29. (3RD RDG) ADOPTED AS ORDINANCE NO. 37/2010 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO DONATE USED CELL PHONES AND BLACKBERRIES TO THE NON-PROFIT DOMESTIC VIOLENCE SHELTER PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 29. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 29. Are there any remarks under this Ordinance? Member Butterworth. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -124- MINUTES OF THE MEETING MARCH 1, 2010 MEMBER BUTTERWORTH: Mr. President I will be abstaining from this vote. I serve on their board please. PRESIDENT SCHULMAN: Ok very good, thank you. And thank you for your service to that board. Any other remarks? Hearing none Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS, 1 ABSTAIN (MEMBER BUTTERWORTH ABSTAINED) CLERK TIMBERLAKE: Eleven yeas, one abstain Mr. President. #29 ADOPTED AS ORDINANCE NO. 37/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 29 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: And we’re now under Announcement of Committee Meetings. Announcement of Committee meetings? MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Community Development will meet next Monday at 6 PM. PRESIDENT SCHULMAN: Thank you. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you sir. Welcome back we appreciate you here. PRESIDENT SCHULMAN: Thank you very much. It’s nice to be back. I’m sure it’s nice to be back for most people in the room but..... MEMBER HAWK: The Finance Committee will meet Monday, March 8th at 6:00 and I’d like to announce in additional Finance Committee meeting. It will be Wednesday, this Wednesday March 3rd at 5 PM here in the Council Chambers. We will be discussing the budget. It was supposed to be down to us tonight in it’s entirety. We will review that budget Wednesday evening. PRESIDENT SCHULMAN: Wednesday evening in Council Chambers at 5:00. Thank you. Any other announcement of... MEMBER PRATER: Mr. President. PRESIDENT SCHULMAN: Yes. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -125- MINUTES OF THE MEETING MARCH 1, 2010 MEMBER PRATER: Personnel will meet Monday, March 8th at 6:00. PRESIDENT SCHULMAN: Thank you Member Prater. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes, Leader Dougherty. MEMBER DOUGHERTY: Public Property Capital Improvement will also meet that Monday at 6. PRESIDENT SCHULMAN: Thank you. Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We are now under Miscellaneous Business. I just want to add one thing for the members of the audience and for those who are regulars here you know this and I know that we had some problems tonight. Just to remind the public members, our citizens in the community, if you wish to address to Council or the Administration during Public Speaks, please sign in by and no later than 7:15. I think a lot of you know that, so don’t and I very much apologize for not being able to put some people on the agenda tonight for Public Speaks but that is a Council rule and we try to follow our rules. Any other Miscellaneous Business? MEMBER WEST: Mr. President. MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: To the Safety Director. Safety Director Ream right next door to John’s Bar on Cleveland Avenue we’ve had some problems with the Hukka Bar was the last known name of this place. I’ve gotten word, Member Barton and I have both been out there. It looks like they plan on reopening but they’re not remodeling during the day, they’re remodeling at night and if you could please check the situation out. I know you raided the facility and there were too many people in there and there were 15 year olds in there smoking. If, I know that there was also a lot of vandalism in John’s Bar parking lot. If you would please keep an eye on it and what is going on over there, nobody seems to know for sure. PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: Mr. President. Thank you. I’ve personally had conversations with the owner of John’s. The Chief and I have discussed this. There were numerous Building Code violations prior to that raid and during that raid and I’ll make sure our Building Dept keeps a watch on the activity up there. Thank you. PRESIDENT SCHULMAN: Thank you Director. MEMBER WEST: Mr. President. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -126- MINUTES OF THE MEETING MARCH 1, 2010 PRESIDENT SCHULMAN: Member West. MEMBER WEST: Yea, first I’d like to applaud the Chief, Chief McKimm, the Mayor and his administration for the initiation of the crime effort, what is it called, the cameras in high problematic neighborhoods, something we’ve been advocating for, for quite some time. And I look forward to working with you in Ward 2 in specific areas. I want to also, I seen in the paper that Adam Herman’s leaving and want to thank him for his contribution to the city of Canton and more specifically, the Canton Connection hasn’t looked better so I appreciate you and want to give you support for that. But lastly, yesterday marked the end of Black History Month and I learned each year it seems like I learn something new every year. And this past year I actually learned that this beautiful woman Esther Archer was one of the first, was the first African American Councilwoman to serve on this Council. But more specifically she was the first Elected Official in the State of Ohio to serve, first female, excuse me. Let me say that louder.... MEMBER SMITH: First female. MEMBER WEST: Already there you go, Chris helped me out with that one. But I thought it was very significant that we bring it up today because Ray Denczak back there is sitting on the wall looking very lonely and wondered if we should start looking at some of these significant history, and I think Bill Smuckler said something to someone last week and I thought it was very appropriate that we start showcasing some of our people here in this office. And I don’t how we do that Bill but this is one woman that I would like to see showcased. (APPLAUSE) Thank you. MEMBER SMUCKLER: Mr. President. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: I talked to the Clerk last week of not only in this room but in the hallways and the outside office there that nobody seems to be collecting Canton historical data. In fact I talked to Viola Fisher about this several Sundays ago. This seems to be a situation where I don’t think we need an onslaught and a flood but I think that there’s some type of appropriate response for a number of people that have helped build the city. And Esther Archer and a number of other fine people that have done this should be showcased in our facility. (APPLAUSE) MEMBER SMITH: Mr. President. MEMBER SMUCKLER: I don’t know if John, John are you here tonight. Oh, I know John’s here tonight. Somebody’s here tonight. CLERK TIMBERLAKE: Schwartz. MEMBER SMUCKLER: Our historian. There he is. He’s given me a few ideas and what really tripped me on this was I got a call from a fellow classmate at Bowling Green State University from when I graduate who said, “We called Canton offering a historic newspaper of McKinley being shot. One of the originals.” Well they were turned down. And when he called me, no when he called me that’s what the Clerk called on and I said we want it. He said it was in a garage sale being set to be destroyed. So I said we want it and I think that and a number of the other historical documents that can be produced and I know that Viola’s got access COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -127- MINUTES OF THE MEETING MARCH 1, 2010 to Bob Fisher, the former Service Director’s box upon boxes of files and I think that a lot of this should be saved somewhere and we don’t save any of this. In fact there’s a lot of this being destroyed around the community right now. MEMBER WEST: Well Member, Mr. President PRESIDENT SCHULMAN: Yea sure Member West. MEMBER WEST: Let me finish the statement. I think one of the things that and also Chris has something to say, I’m sure, she’s got some things planned for the Democratic Party as a whole, but one of the things that we’ve learned, me and Chris did this tribute to African Americans in politics last week at the Stark County Black Caucus Annual Dinner and what we found, and believe me it was very troubling to find all the African Americans photos, even Mel Gravely’s photos was hard to find. You know, these are people who have served the city well and there was no history. I called down to our Clerk and said, “Can you get me the photos of all of our African American elected officials so I can do this tribute.” And we didn’t have it. So the question I have is, I mean, Bill you’re right on target. Chris, I mean these are things that we need to somehow store and I think Adam has done a even with the Canton Quarterly, by taking some photos and putting them in magazines, maybe now we’ll be able to store some of that stuff but I think in the future we need to look at this. Cause we got great people like Griffin next to me that may be leaving soon. No. (LAUGHTER) MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Member Smith. MEMBER SMITH: I just want to add to what Tom was saying. The Coalition of Women Voters, I presented that picture to them and that picture is going to hang at the Democratic Headquarters of Miss Esther Archer. PRESIDENT SCHULMAN: Great, good for you. MAYOR HEALY: Mr. President. PRESIDENT SCHULMAN: Yes, Mayor Healy. MAYOR HEALY: Just, just to piggy back on this and John if you would stand up again. We did announce this a couple of weeks ago. If you missed it, he has put together an extensive history profile of famous and successful folks from Canton or the Canton area and he’s been working on that for a long time. He’s had his own website and some other information. He’s combined with Adam Herman, with the city to put that on the city’s website. And we actually have, and how many names are on that list, do you have an idea? About 45 to 50 very successful folks from the city of Canton. Please that won the Nobel Prizes and Pulitzer Prizes and all kinds of different stuff. Famous athletes, it’s an amazing, an amazing directory. I would encourage all of you to go to the website cantonohio.gov. Click on that and you’ll see very, very famous folks and people who were very instrumental in the founding and building of our city and deserve to be recognized and I compliment you and congratulate you for that. Thank you so much. (APPLAUSE) MEMBER CIRELLI: Mr. President. MEMBER WEST: Mr. President, I forgot one last thing. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -128- MINUTES OF THE MEETING MARCH 1, 2010 PRESIDENT SCHULMAN: Sure, Member West. MEMBER WEST: I have to, I would be remiss if I mention this. But from what I understand from the grandson, what’s his name, John Green, he said that Esther not only was the first Councilwoman but was also the first female to work at the Timken Company. I mean that’s something I would have to check into but if that is true, that is significant and I think John this is one photo you might want to have in your archives. Thanks. PRESIDENT SCHULMAN: Thank you Member West. (APPLAUSE) Member Cirelli. MEMBER CIRELLI: Thank you, Mr. President. Just to piggy back I have two things but just to piggy back on the archiving of some people that have served in our community and what have you. We have to be sure that we are even though, we may be in the majority, we have to be non-partisan about this. And look at both sides of the fence. There actually should even be over in perhaps in the City Hall a photograph of as many Mayors as we could find or something like that, I think would be something to think about. But I have another thing, good things happen twice right. Today, I received one phone call and then I ran into some people and they both had the same complaint and I know our snowplow gentlemen and ladies have done a great job, unfortunately they may have done too good of a job and I mentioned to Member Barton because one of them happens to be in his Ward and he can piggy back on this also. A couple places the snow plows have plowed up blacktop and people now are kinda upset about that and Mr. Barton, the one in his Ward I gave it to him and the other one was on Paster Place. I guess they tore up the blacktop and I their saying they need to raise them up now so could we. I guess they had to be out there patching some of these things and the one on Cottage Place also which is in Mr. Barton’s Ward they said they took out some of a neighbors drive-way or something so, Mr. Barton might can speak on something that happened to him also. Thank you. SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR PRICE: Thank you sir. If you give me, what are the specific, if you want to talk to me afterwards and give me the specific locations, we’ll send someone out. PRESIDENT SCHULMAN: Any other Miscellaneous Business? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Hopefully on one final note, I’d like to thank our Police Department for rapid response to arrest one of Canton’s Ten Most Wanted. It was the first one that was arrested. The call came in from a resident of the Weed & Seed area and they responded. They had nothing but compliments for the quick response of our Police Department and the way they handled it in a very professional manner. They’re very glad to see this happening in our city and the extend, they send their thanks to us. (APPLAUSE) PRESIDENT SCHULMAN: Any other Miscellaneous Business? Member Butterworth. MEMBER BUTTERWORTH: Mr. President I have a Point of Order question. We were supposed to receive the budget tonight and I understand that I think it was Communication 14, 114 thank you Chris. I just want COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -129- MINUTES OF THE MEETING MARCH 1, 2010 to know the status of that. I know Mr. Hawk, Chairman Hawk called a Finance Committee for Wednesday at 5 but if it’s two days, two weeks, I just want to know the status of the budget. Will we be able to review it Wednesday night? PRESIDENT SCHULMAN: Alright. Mayor Healy. OK, Chief, the new Chief of Staff. Are you, were you the, are you the, what are you the Service Director? SERVICE DIRECTOR PRICE: Yes. MAYOR HEALY: Another Point of Order. Today I made Warren not only our Service Director, but he is now officially our Chief of Staff for this administration. (APPLAUSE) PRESIDENT SCHULMAN: Congratulations. MAYOR HEALY: With that, I’ll pass the budget question on to the Chief of Staff. SERVICE DIRECTOR PRICE: Yea, I don’t know Member Butterworth. Know, that’s not the, not the response. We submitted the Communication along with the attachments so you should.... PRESIDENT SCHULMAN: When were they delivered? CLERK TIMBERLAKE: It was in his mailbox. They were put in the mailboxes before the Council meetings. The Communications on top and then there’s a couple pages following. That’s it. MEMBER BUTTERWORTH: I don’t see it. CLERK TIMBERLAKE: In your mailbox and then it was emailed. PRESIDENT SCHULMAN: Before the meeting. I didn’t see anything. CLERK TIMBERLAKE: We’ll look into that. We’ll get you a copy. PRESIDENT SCHULMAN: OK, anything else Member Butterworth. MEMBER BUTTERWORTH: No. PRESIDENT SCHULMAN: I want to follow up lastly on what Member West said. You know in politics as we all know, it can be a sometimes tough and not intentionally mean spirited, but occasionally passions run high and people do get upset because they’re so passionate about their beliefs. Most of the time, that doesn’t happen in our political life and that’s, at least in this local political life and that’s good. I have, as Adam Herman knows, been on the opposite side of Adam on a number of occasions. It’s never been personal. At least I’ve never, I’ve always tried to refrain from that because that’s not the purpose of any arguments we may have gotten into in the past, but never the less, you have been a great public servant for the city of Canton and I want to follow up on what Member West said. We appreciate all that you’ve done. I don’t know when your leaving but we wish you the greatest of success in the future Adam. You have a lot of talent and ability and I know wherever you go, you’ll bring that same type of talent and ability to the next job. And I want you to know nothing I have ever said was meant in a personal fashion and if you took it as such, I do COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -130- MINUTES OF THE MEETING MARCH 1, 2010 apologize. We need more public spirited people and we appreciate your hard work. Thank you. (APPLAUSE). Leader. MEMBER DOUGHERTY: Mr. President. I move we adjourn. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS, 1 ABSTAINED (MEMBER BUTTERWORTH ABSTAINED) MEMBER BUTTERWORTH: I want the budget. I didn’t see the budget so I abstain. ADMIN ASST SENTER: Did you get the Communication they just showed you? MEMBER BUTTERWORTH: Yes, but it’s not the budget. ADMIN ASST SENTER: But did he get the Communication? That’s what they’re calling the budget. MEMBER BUTTERWORTH: That is not the budget. PRESIDENT SCHULMAN: So, it’s not your fault. CLERK TIMBERLAKE: What are we doing here? PRESIDENT SCHULMAN: The motion to adjourn does carry. We would like to see the budget. Motion granted, adjourned. (Gavel falls) ADJOURNMENT TIME: 8:19 PM ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM MARCH 1, 2010 ROLL CALL: All Council Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Jam es Griffin, W ard 3 Council Mem ber PLEDGE OF ALLEGIANCE: Led by President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#11 - O#14 & O#16 - O#22; O#15 Retained in Com m ittee; O#20 Adopted on 2 nd Rdg; O#23 Referred back to Com m ittee; O#26 Adopted as Am ended) PUBLIC HEARINGS: None PUBLIC SPEAKS (CITY BUSINESS): None INFORM AL RESOLUTIONS: 16. COUNCIL AS A W HOLE: OPPOSING THE RECOMMENDED BUDGET CUT FOR THE DEPT OF JUSTICE W EED & SEED PROGRAM. - ADOPTED 17. DOUGHERTY, D., W ARD 6 CNCLMBR: SUPPORTING THE COUNTYW IDE 9-1-1 DISPATCH CENTER PLAN, IN PRINCIPLE. - ADOPTED 18. PERSONNEL COMMITTEE: APPROVE APPT OF DANIEL R. COEN TO SERVE ON HOUSING ADVISORY BOARD FOR 3 YR TERM FROM 3/3/10 TO 2/28/12. - ADOPTED 19. PERSONNEL COMMITTEE: APPROVE APPT OF BRENDA TURNER TO SERVE ON HOUSING ADVISORY BOARD FOR 3 YR TERM FROM 3/1/10 TO 2/28/12. - ADOPTED COM M UNICATIONS: 108. HAW K, G, W ARD 1 CNCLMBR: REQ LEGISLATION REQUIRING APPROPRIATE PUBLIC BLDGS TO HAVE AUTOMATED EXTERNAL DEFIBRILLATORS ACCESSIBLE TO HELP SAVE LIVES. - JUDICIARY COMMITTEE 109. MAYOR HEALY: REQ AUTHORIZATION TO CREATE THE OFFICE OF COMM DEV & PLANNING & THE POSITION OF DIR OF COMM DEV & PLANNING. - PERSONNEL & FINANCE COMMITTEES 110. PICARD, JOHN, APPLICANT: APPLICATION FOR ZONE CHANGE @ 305 W ERTZ AVE NW FROM OS - (OPEN SPACE) TO PB-4 (PLANNED SPECIAL BUSINESS) TO ALLOW FOR AN ELECTRONIC SIGN (STARK COUNTY FAIRGROUNDS. - PLANNING COMMISSION 111. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR PURCHASE OF 124 PAIR OF BOOTS FOR FIRE DEPT; AUTHORIZE SAF DIR TO ENTER INTO CONTRACT W /W ARREN FIRE EQUIP FOR PURCHASE OF 151 SETS OF TURNOUT GEARS FOR FIRE DEPT. - FINANCE COMMITTEE 112. SERVICE DIRECTOR PRICE: REQ CHANGES TO CLASSIFICATION PLAN FOR MGMT NON- BARG UNIT PERSONNEL (SANITATION & ENVIRONMENTAL CONTROL DIV). - PERSONNEL COMMITTEE 113. SERVICE DIRECTOR PRICE: AUTHORIZE TO ENTER INTO AGMT W /NORTHEAST OH LABOR MGMT COUNCIL IN AMT NOT TO EXCEED $10,000.00 TO PROVIDE LABOR MGMT CONSULTATION SVCS; REQ $10,000.00 SUPP APPROP FROM 1001 GENERAL FUND TO 1001 201001 70506 OTHER PROF SVCS. - FINANCE COMMITTEE 114. SERVICE DIRECTOR PRICE: REQ THE FOLLOW ING ORDINANCES BE PREPARED & ADOPTED IN ORDER TO BALANCE THE 2010 GENERAL FUND BUDGET: AUTHORIZE A ONE TIME USE OF 4501 CAP IMPROVEMENT FUND FOR THE PAYMENT OF UTILITY PAYMENTS; AUTHORIZE THE REIMBURSEMENT OF UTILITY PAYMENTS ALREADY MADE; AUTHORIZE VARIOUS SUPP APPROPS AMENDING O#1/2010. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 115. SERVICE DIRECTOR PRICE: AUTHORIZE TO ENTER INTO PROF SVCS AGMT W /KIKO AUCTIONEERS, INC TO CONTINUE CONDUCTING CITY AUCTIONS AS THE SVC CENTER FOR SALE OF SCRAP & DISCARDED JUNK & CITY - IMPOUNDED VEHICLES. - FINANCE COMMITTEE ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE SAF DIR TO ACCEPT AN AID TO FIREFIGHTERS GRANT IN AMT NOT TO EXCEED $200,300.00; AMEND APPROP O#1/2010; EMERGENCY Referred to Finance Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 2 - MARCH 1, 2010 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 2. AUTHORIZE SERV DIR TO ACCEPT DONATIONS TO FUND PORTIONS OF CANTON CONNECTION FOR FISCAL YR 2010; AMEND APPROP O#1/2010, AS AMENDED, BY MAKING $7,500.00 SUPP APPROP FROM 1001 GENERAL FUND TO 1001 200501 GENERAL GOVT SUPPORT ADMIN - OTHER; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 3. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO JOB CREATION TAX INCENTIVE AGMT W /AMERIDIAL, INC; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 4. AMEND O#17/89, AS AMENDED, AUTHORIZE MAYOR TO ENTER INTO AMENDED CONTRACT W /CCIC TO ADMINISTER ADDT’L CDBG FUNDS IN AMT NOT TO EXCEED $500,000.00; EMERGENCY Referred to Com m unity & Econom ic Developm ent & Finance Com m ittees 1 ST RDG 5. AMEND APPROP O#1/2010, AS AMENDED, BY MAKING $152,265.00 SUPP APPROP FROM UNAPPROP BAL OF 2211 506001 COMM DEV FUND TO 2211 506001 COMM DEV - OTHER; EMERGENCY Referred to Com m unity & Econom ic Developm ent & Finance Com m ittees 1 ST RDG 6. ESTABLISH FAIR REUSE VALUE OF ONE PARCEL OF CITY-OW NED PROP; AUTHORIZE SALE & CONVEYANCE OF SAID PROP PURSUANT TO CITY’S RESIDENTIAL LAND DISPOSITION PROG; EMERGENCY (PARCEL #02-22031 ON LAW RENCE RD NE TO RICHARD T. MALLETT) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 7. AMEND APPROP O#1/2010, AS AMENDED, BY MAKING VARIOUS APPROP REDUCTIONS, SUPP APPROPS & INTERFUND TRANSFERS; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 8. AUTHORIZE LEASING OF AVAILABLE SUBFLEETS ON CITY’S 800 MEGAHERTZ COMMUNICATION SYSTEM; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 9. AMEND EXHIBIT A TO O#164/2001, AS AMENDED, THE CLASSIFICATION PLAN & SALARIES FOR ALL MGMT & NON-BARG UNIT EMPLOYEES OF CITY; EMERGENCY (CRIME LAB - POLICE DEPT) Referred to Personnel Com m ittee 1 ST RDG 10. AMEND APPROP O#1/2010, AS AMENDED, BY MAKING $15,000,000.00 SUPP APPROP FROM UNAPPROP BAL OF 5223 207025 W ATER INFRASTRUCTURE CAP IMPROVEMENT FUND TO 5223 207025 W ATER INFRASTRUCTURE CAPITAL IMPROVEMENT - OTHER; AUTHORIZE SERV DIR TO APPLY FOR & ACCEPT POTENTIAL GRANT FUNDING THRU THE AMERICAN RECOVERY & REINVESTMENT ACT FOR THE NORTHEAST W ATER TREATMENT PLAN IMPROVEMENTS; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#11 - O#14 AND O#16 - O#22; O#15 RETAINED IN CMTE; O#20 ADOPTED) 2 ND RDG 11. VACATE A PORTION OF MENTZER PL NE; EMERGENCY (YW CA) (PS&T) PUB HRG 3/8/10 @ 7:30 PM 2 ND RDG 12. AMEND ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (1639 MAPLE AVE NE) (JUD) PUB HRG 3/8/10 @ 7:31 PM 2 ND RDG 13. AMEND ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (1658 SUPERIOR AVE NE) (JUD) PUB HRG 3/8/10 @ 7:32 PM 2 ND RDG 14. AUTHORIZE SAF DIR TO ACCEPT A GRANT FROM OHIO DEPT OF PUBLIC SAFETY IN AMT NOT TO EXCEED $4,500.00; AMEND APPROP O#1/2010; EMERGENCY (FIRE DEPT) (FIN) RETAINED IN CM TE 15. AUTHORIZE SERV DIR TO ACCEPT GRANT FROM OHIO DEPT OF NATURAL RESOURCES IN AMT NOT TO EXCEED $495,000.00 FOR CONSTRUCTION OF INDOOR W ATER PARK AT EDW ARD “PEEL” COLEMAN CTR & ENTER INTO PASS THROUGH AGMT W /ODNR IN AMT NOT TO EXCEED $495,000.00 FOR CONSTRUCTION OF A W ATER PARK FACILITY AT THE EDW ARD “PEEL” COLEMAN CENTER; AUTHORIZE AUDITOR TO ESTABLISH THE 2237 W ATER PARK FACILITY GRANT FUND; EMERGENCY (FIN) 2 ND RDG 16. AMEND APPROP O#1/2010, AS AMENDED, MAKING $53,091.00 SUPP APPROP FR: UNAPPROP BAL OF 2763 LAW ENFORCEMENT TRUST FUND TO: 2763 102001 POLICE - OTHER; EMERGENCY (FIN) 2 ND RDG 17. AMEND SECTION 133.051, CHARGES FOR PUBLIC SAFETY SERV AT SCENES OF MOTOR VEHICLE ACCIDENTS & SECTION 705.07, PROHIBITIONS & PENALTIES FOR FALSE ALARMS; APPEALS, OF CODIFIED ORDINANCES FOR CITY OF CANTON (JUD) 2 ND RDG 18. AUTHORIZE SAF DIR TO ENTER INTO AGMT W /CREDIT BUREAU OF STARK CNTY FOR COLLECTION SERV REGARDING AMBULANCE BILLING COLLECTIONS & NON-FIRE RELATED FIRE DEPT SERV FOR MOTOR VEHICLE ACCIDENTS; EMERGENCY (FIN) 2 ND RDG 19. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /STANDARD INSURANCE CO FOR GROUP TERM LIFE & AD & D INS COVERAGE FOR ELIGIBLE CITY EMPLOYEES; EMERGENCY (FIN) CANTON CITY COUNCIL AGENDA - PAGE 3 - MARCH 1, 2010 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 31/2010 20. AUTHORIZE SERV DIR TO ENTER INTO AMENDMENT #1 TO THE COOPERATION AGMT W /J.R. COLEMAN COMMUNITY RENOVATION CORP FOR MAHONING RD CORRIDOR ECONOMIC DEVELOPMENT PROJ; AMEND APPROP O#1/2010; EMERGENCY ($440,000.00) (PPCI) 2 ND RDG 21. AMEND SECTION 551.01, DEFINITIONS, AND SECTION 551.03, NOTICE TO REMOVE; ACTION UPON NONCOMPLIANCE; PROCEDURE FOR COLLECTING EXPENSES; APPEALS, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON (JUD) 2 ND RDG 22. AMEND SECTION 917.04, NOTICE TO TRIM; CITY MAY TRIM; UNPAID COSTS A LIEN, OF CODIFIED ORDINANCES OF CITY OF CANTON (JUD) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: REFERRED BACK TO CM TE 23. AMEND TITLE SEVEN, HOUSING STANDARDS, OF PART THIRTEEN - BUILDING CODE OF THE CODIFIED ORDINANCES (IPMC) 32/2010 24. AMEND APPROP O#1/2010, AS AMENDED, BY MAKING $556,340.11 APPROP REDUCTION FROM: 2220 506009 HOMELESS PREV & RAPID REHOUSING FUND - OTHER TO: UNAPPROP BAL OF 2220 506009; EMERGENCY 33/2010 25. AMEND APPROP O#1/2010, AS AMENDED, BY MAKING $111,227.11 APPROP TRANSFER (NEIGHBORHOOD STABILIZATION FUND) AND VARIOUS SUPP APPROPS (FED PROJ FUND & YOUTH DEV DONATION FUND); EMERGENCY AM ENDED 34/2010 26. AUTHORIZE MAYOR &/OR SERV DIR TO COMPLETE CONTRACTING PROCESS FOR CONTRACTS PREVIOUSLY AUTHORIZED BUT NOT COMPLETED BY 1/1/10; EMERGENCY 35/2010 27. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $5,000.00 TO SMITH ADVISORY GROUP; EMERGENCY 36/2010 28. AUTHORIZE SERV DIR TO ACCEPT & EXECUTE GRANTS FROM STARK TUSC-W AYNE JOINT SOLID W ASTE MGMT DISTRICT; EMERGENCY (2010 RECYCLING MAKES SENSE & 2010 COMPOSITE PGM) 37/2010 29. AUTHORIZE SERV DIR TO DONATE USED CELL PHONES & BLACKBERRIES TO NON-PROFIT DOMESTIC VIOLENCE SHELTER ANNOUNCEM ENT OF COM M ITTEE M EETINGS: W EDNESDAY, M ARCH 3, 2010 in Council Chamber 5:00 P.M . Meeting to review and discuss the budget M ONDAY, M ARCH 8, 2010 in Council Chamber 6:00 P.M . 1) Com m unity and Econom ic Developm ent Com m ittee 2) Finance Com m ittee 3) Personnel Com m ittee 4) Public Property Capital Im provem ent Com m ittee M ISCELLANEOUS BUSINESS: President Schulm an re: Rem inding the public that if they wish to address Council in Public Speaks, they need to sign up no later then 7:15; Mem ber Sm uckler re: Asking the Safety Director to look into the problem s at the location form erly known as The Hukabu Bar, such as them rem odeling at night; Safety Director Ream re: Advising that he will have the Building Departm ent stay on top of the situation at that location; Mem ber W est re: Applauding the Chief, Mayor and Adm inistration for the cam eras in high problem atic areas. Also thanking Adam Herm an for his contribution to the City. Further discussing Black History Month, Esther Archer being the 1 st African Am erican to serve on Canton City Council and his desire to see the City start showcasing som e of these historical people; Mem ber Sm uckler re: Agreeing that historical data should be collected and showcased in this facility; Mem ber Sm ith re: Stating that the photo of Esther Archer will be on display at Dem ocratic Headquarters; Mayor Healy re: Stating that John Schwartz com piled a list of very successful people from Canton which has been added to the City’s website; Mem ber W est re: Stating that he was told by John Green (Esther Archer’s grandson) that she was also the first fem ale to work at the Tim ken Com pany; Mem ber Cirelli re: Expressing that we need to be sure that we are non-partisian when archiving people. Also advising that she received a call about the snow plows plowing up the blacktop in two locations; Mem ber Hawk re: Thanking the Police Departm ent for arresting one of the City’s 10 m ost wanted; Mem ber Butterworth re: Asking when Council will get a chance to review the budget; Service Director Price re: Advised Mem ber Butterworth that the budget was brought down in the form of a Com m unication (Com m unication #114); Mayor Healy re: Announcing that W arren Price has been appointed his Chief of Staff; President Schulm an re: Telling Adam Herm an that he appreciates all that he has done for the City and wishes him great success. ADJOURNM ENT: 8:19 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, M ARCH 8, 2010 @ 7:30 PM

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