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City Council

Regular Meeting

Canton, OH · March 22, 2010

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -184- MINUTES OF THE MEETING MARCH 22, 2010 PRESIDENT PRO TEM DOUGHERTY: With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call vote. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 10 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, TERRY PRATER, JOE COLE, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, PATRICK BARTON, MARK BUTTERWORTH & BRIAN HORNER) TEN COUNCIL MEMBERS PRESENT. MARY CIRELLI AND BILL SMUCKLER ABSENT CLERK TIMBERLAKE: Ten present, Mr. President. PRESIDENT PRO TEM DOUGHERTY: Thank you. EXCUSING MEMBERS PRESIDENT PRO TEM DOUGHERTY: Member Prater, I’ll recognize a motion to excuse three Members from tonight’s meeting. MEMBER PRATER: Mr. President, I move we excuse President Schulman and Member Cirelli, who I’m pretty sure did email herself that she’d be out of town (Laughter) and Smuckler from tonight’s meeting. MEMBER HAWK: Mr. President, I second that. PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to excuse President Schulman, Member Smuckler and Member Cirelli from tonight’s meeting. Are there any remarks? I think we’ve already had them. Roll call. CLERK TIMBERLAKE: Ten abstain Mr. President. (Laughter) NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT PRO TEM DOUGHERTY: The motion carries. These Members are excused from this evening’s meeting. We’ll have the invocation given by Ward 8 Councilman Mark Butterworth. Please remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on Monday, March 22, 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 8 Council Member, Mark Butterworth. The Pledge of Allegiance led by President Pro Tem Dougherty. PRESIDENT PRO TEM DOUGHERTY: Thank you Member Butterworth. I’d like to make a quick announcement, Viola Fisher, Happy Birthday Viola. (Applause) I know, and we all know that you’ve been going through some tough times lately and we wish you a happy birthday. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -185- MINUTES OF THE MEETING MARCH 22, 2010 VIOLA FISHER: Awe, thank you very much. PRESIDENT PRO TEM DOUGHERTY: You’re welcome. VIOLA FISHER: That was a surprise. AGENDA CORRECTIONS & CHANGES PRESIDENT PRO TEM DOUGHERTY: Agenda corrections and changes, we’re now under those changes.. Members of Council you’re being asked to suspend Rule 22A to add the 2nd Readings of Ordinances 5, 6 and 7. Member Prater. MEMBER PRATER: Mr. President I move Rule 22A be suspended to add 2nd Readings of Ordinances 5 through and including #7. MEMBER HAWK: Seconded. PRESIDENT PRO TEM DOUGHERTY: Are there any remarks? If not, roll call vote. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT PRO TEM DOUGHERTY: Okay, Rule 22A is suspended and the Ordinances are a legal part of our agenda this evening. PUBLIC HEARINGS PRESIDENT PRO TEM DOUGHERTY: Public Hearings, we do not have any Public Hearings tonight. PUBLIC SPEAKS PRESIDENT PRO TEM DOUGHERTY: Public Speaks, we have five....four, I’m sorry. Steve Fronimo, is Steve Fronimo in the audience? Nick Conley, yeah come up to the podium, you have three minutes please sir. Give your name and address. NICK CONLEY: My name is Nick Conley, my business is at 1433 Woodland Avenue NW. PRESIDENT PRO TEM DOUGHERTY: Go ahead. NICK CONLEY: Okay, most all you people know me in here. I run two businesses in this town, one is Conley Service and one is General Towing. I spoke to the powers to be here a few weeks ago, maybe a month or two ago about what we could do to save the City 30 to $40,000.00 a year on this impound business. And probably saving the City of Canton the kind of money to the residents. So far, I’ve got no response from anybody, nobody wants to explain why, they don’t even want to talk about it. I’ve talked to some other people, well hell, we don’t even know anything about it, we never heard about it. Well, I’d be willing to talk to anybody and explain it to anybody. I’ve tried my best to do be...my job for the City and the only thing they’re concerned about is the fact that I own two towing businesses. Well, yes I do own two towing COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -186- MINUTES OF THE MEETING MARCH 22, 2010 businesses. I’ve spent the money, I’ve paid my dues, I’ve paid my taxes, I pay my insurance companies, I do everything I can to run two businesses. And the only thing they’re concerned about is the fact that I own two towing companies. I think I deserve an answer why they don’t want to talk about it and maybe save the City some money and the residents of the City of Canton some money. Now, if anybody can give me an answer tonight, that would be great. PRESIDENT PRO TEM DOUGHERTY: Okay, either under Miscellaneous Business or after the meeting. NICK CONLEY: Pardon me sir. PRESIDENT PRO TEM DOUGHERTY: Either under Miscellaneous Business or after the meeting somebody can.... NICK CONLEY: Anytime sir. PRESIDENT PRO TEM DOUGHERTY: Okay, thank you. Is that all sir? NICK CONLEY: That’s all I got to say. PRESIDENT PRO TEM DOUGHERTY: Oh, okay, thank you. NICK CONLEY: Alright, thank you. PRESIDENT PRO TEM DOUGHERTY: Steve Fronimo, did you just walk in? Yeah, you can come up. You have three minutes up at the podium. We need to have your name and address please. STEVE FRONIMO: 60...the property that I own is on Shorb Avenue and 12th, 1110 Shorb Avenue. My personal address is 6041 Firestone Road. PRESIDENT PRO TEM DOUGHERTY: Okay sir. STEVE FRONIMO: Okay, there’s a couple of topics, I got three minutes? PRESIDENT PRO TEM DOUGHERTY: Yes sir. STEVE FRONIMO: Okay, there’s a couple of topics. My rental house, I winterized it. It’s been broken in, it’s on Shorb Avenue about a hundred, a couple hundred feet away from the substation by 12th and Shorb. I spoke to Thomas West about this, I also spoke to the Police Chief. I wanted something to be done about the crime in that area of the neighborhood, it’s hurting my income for...as a rental...landlord of rental property. I also spoke to Thomas West, Councilman for Ward 2, he told me his rental house was broken into. The Police Chief said that he’s going to try to put some cameras at the substation, maybe on my house to help deter crime or help with crime the situations so we can find out if there’s any future problems in that situation. I’m asking Council to help me with the situation, not only me, with other landlords in the City of Canton. This is...I’m at the point now where I have no interest to buying more rental property. There’s other landlords that I speak to and they want to just get away from Canton and go into other areas of the County. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -187- MINUTES OF THE MEETING MARCH 22, 2010 I’m asking Council to work with the Police Chief, if he needs any money or any kind of equipment for this project. Another this I want to bring up is, a couple weeks ago I called everyone on Council, the President too, Council People at large. Everyone I spoke to except one person, it took me a long time. I spoke to the Majority Leader and I’m not going to mention a name, it’s between the people who know it is. I wasn’t happy because this one individual wouldn’t return my phone call. I want to bring it to everyone’s attention. I would appreciate as a taxpayer that I get the respect to have a return phone call. Everyone else is innocent of this except this one individual and I want bring this up to everyone’s attention so this problem doesn’t happen again. And the third thing is...I’m going to do this respectfully, over the past year I’ve been harassed by police for my First Amendment Freedom of Speech, the Law Director knows the situation. I’ve had problems like I mentioned earlier with criminal break ins with my house. I had problems with the Code Enforcement, Angela Cavanaugh and other situations in the City of Canton. I am a law abiding citizen and I appreciate it if people would work with the citizens of Canton and also taxpayers so we don’t have this problem in the future. I take interest in my investments and I expect respect in return, not only me, for other people who invest money in the City of Canton. PRESIDENT PRO TEM DOUGHERTY: Thank you sir. STEVE FRONIMO: Thank you. PRESIDENT PRO TEM DOUGHERTY: Patricia Kirk. PATRICIA KIRK: Yes, hello this will be very short. But last week when I was up here. PRESIDENT PRO TEM DOUGHERTY: Name and address please. PATRICIA KIRK: Oh, I’m sorry. PRESIDENT PRO TEM DOUGHERTY: I mean we all know it. (Laughter) PATRICIA KIRK: I know, but anyway, Patricia Kirk, I live at 131 5th Street and I’m President of Shake A Leaf and also Downtown Central. It’s this Thursday night at 6:30 that Shake A Leaf is going to meet. I am going to have a copy of the new proposed Tree Ordinance there. I am curious about something, how many of the Council present this evening read that newly proposed Tree Ordinance that we developed a couple of years ago? One person? Okay. I am going to have a copy of the proposed new Tree Ordinance at the meeting that night. And I do want you to consider that Canton is having a lot of break ins, a lot of robberies and also murders. We are having crime and believe it or not, the beautification and the safety of Canton depends a lot on how we are going to take care of Canton. And one of those ways is through a Tree Ordinance. I hope you will consider this seriously. Thank you very much. PRESIDENT PRO TEM DOUGHERTY: Thank you. The last speaker is Illona L-Jalil, did I get that right? Give us your name and address please. ILLONA L-JALIL: Illona L-Jalil, 4647 Beverly Avenue NE. My...I’d like to say hello to the Council and my co-citizens. My concern is the water park on Sherrick Road, the length of time it’s been in Committee and COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -188- MINUTES OF THE MEETING MARCH 22, 2010 why is there such a hold up. It seems to me that of all the City parts in the City of Canton, whether they be water parks or just regular recreational parks, they all have maintenance expenditures. And what I would like to see on behalf of the children and teenagers on the southeast end is fair consideration. It’s my understanding that it would cost between 25,000 to 27 a year for maintenance for fifteen years. But I think since this is sunshine week and we put the light on all areas of recreation in the City, we need to know if that 27 or 25,000, how does that compare with other maintenance expenditures for other areas of the City. And when we take a look at that, if some are a little higher then that 25 or 27, you can make appropriate cuts so this will work. Thank you. PRESIDENT PRO TEM DOUGHERTY: Thank you. INFORMAL RESOLUTIONS PRESIDENT PRO TEM DOUGHERTY: We’re now under Informal Resolutions. MEMBER PRATER: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Madame Clerk, read Resolution 23 please. #23. COUNCIL AS A WHOLE: SUPPORTING EFFORTS BEING PURSUED BY PIKE TWP IN DIRECTLY APPEALING TO THE OEPA & INDIRECTLY, BY ENCOURAGING STATE LEGISLATIVE REP TO PERSUADE THE OEPA TO FAVOR A LARGER MORE EQUITABLE LOCAL DISTRIBUTION OF THE 10 MILLION DOLLAR FINE ASSESSED AGAINST COUNTYWIDE LANDFILL IN PIKE TWP. - ADOPTED PRESIDENT PRO TEM DOUGHERTY: The Chair will recognize a motion to adopt Resolution 23. MEMBER PRATER: Mr. President, I move we adopt Resolution #23. MEMBER HAWK: Seconded. PRESIDENT PRO TEM DOUGHERTY: There’s a motion to adopt Resolution 23. Are there any remarks? If not, by voice vote, all those in favor signify by saying aye. Those opposed. NO REMARKS RESOLUTION #23 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM DOUGHERTY: The Resolution has been adopted. Resolution 24 has been postponed until 3/29/10. COMMUNICATIONS PRESIDENT PRO TEM DOUGHERTY: 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 COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -189- MINUTES OF THE MEETING MARCH 22, 2010 22, 2010. 141. COMMUNICATIONS DIRECTOR HERMAN: AUTHORIZE SERV DIR TO ACCEPT DONATION IN AMT OF $2,400.00 FROM CANTON PROF EDUCATORS’ ASSOC TO REIMBURSE CITY FOR PUBLIC EDUCATION/ADVERTISING EXPENSES ASSOCIATED W/MAYOR’S SCHOLARSHIP PROG; AUTHORIZE SUPP APPROP FROM UNAPP 1001 GENERAL FUND TO 1001 200501 70540 ADVERTISING. - FINANCE COMMITTEE 142. CRA HOUSING OFFICER WILLIAMS: REQ APPROVAL OF OHIO COMMUNITY REINVESTMENT AREA PROGRAM, 2009 RESIDENTIAL STATUS RPT FROM THE CRA HOUSING COUNCIL. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 143. SERVICE DIRECTOR PRICE: AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W/BOBCAT INTERNATIONAL FOR PURCHASE OF ONE SKID STEER LOADER MODEL 300 FOR COLLECTION SYS DEPT IN TOTAL AMT OF $32,991.00. - PUBLIC PROPERTY CAPITAL IMPROVEMENT & FINANCE COMMITTEES 144. SERVICE DIRECTOR PRICE: AUTHORIZE TO ENTER INTO AN AGMT W/ZAYO BANDWITH, WHICH WILL PERMIT ZAYO BANDWITH TO CONSTRUCT A “FIBER PLANT” TO CONNECT THE BLISS TOWER @ 217 2ND ST NE & THE AEP POP SITE LOCATED @ 301 SOUTH CLEVELAND AVE SW. - FINANCE COMMITTEE 145. SERVICE DIRECTOR PRICE: REQ RATIFICATION OF CONTRACT BETWEEN AFSCME LOCAL 3449 & LOCAL 2937 AND CITY OF CANTON EFFECTIVE 1/1/10 - 12/31/11. - FINANCE & PERSONNEL COMMITTEES ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM DOUGHERTY: We’re now under Ordinances and Formal Resolutions for their First Reading. Let the journal show that all Ordinances are being given their reading as required by state law. Madame Clerk please read the 1st Reading Ordinances by title. NOTE: PRESIDENT PRO TEM DOUGHERTY CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #4 FOR THEIR FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) A RESOLUTION CREATING THE ALLIANCE-CANTON STANDING COMMITTEE ON WATER; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE OHIO DEPARTMENT OF DEVELOPMENT UNDER THE JOB READY SITE PROGRAM; EXECUTE AN AGREEMENT WITH THE OHIO DEPARTMENT OF DEVELOPMENT AND ACCEPT FUNDS ESTIMATED AT BETWEEN $3 MILLION TO $3.5 MILLION; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -190- MINUTES OF THE MEETING MARCH 22, 2010 #3. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF PART OF LOT 6360; AND DECLARING THE SAME TO BE AN EMERGENCY (1203, 1211 & 1217 13TH ST SE - EASTSIDE HOMES LTD) Referred to Public Safety & Thoroughfares Committee #4. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF ALL OF LOTS 2842 AND 2843 AND PART OF LOT 2844; AND DECLARING THE SAME TO BE AN EMERGENCY (932 & 938 STRUBLE AVE NE - EASTSIDE HOMES LTD) Referred to Public Safety & Thoroughfares Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM DOUGHERTY: We’re now under Ordinances for Second Reading. Madame Clerk, please read Ordinance 5. NOTE: PRESIDENT PRO TEM DOUGHERTY CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #5 THROUGH #7 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #5. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT AN AMENDED ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE NEIGHBORHOOD STABILIZATION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY #6. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $1,105.00 TO AMERICAN TITLE ASSOCIATES AGENCY, INC.; AND DECLARING THE SAME TO BE AN EMERGENCY #7. (2ND RDG) ADOPTED AS ORDINANCE NO. 56/2010 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AND DECLARING THE SAME TO BE AN EMERGENCY (JUDGES - $67,700.00 RENOVATION PROJ) MEMBER PRATER: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Member Prater. MEMBER PRATER: I move we suspend the Statutory Rule for Ordinance #7. MEMBER HAWK: Seconded. PRESIDENT PRO TEM DOUGHERTY: There is a move to suspend the Statutory Rules for Ordinance 7. Are there any remarks? If not roll call vote. NO REMARKS ROLL CALL: 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -191- MINUTES OF THE MEETING MARCH 22, 2010 PRESIDENT PRO TEM DOUGHERTY: You’ve heard the three readings, Member Prater. MEMBER PRATER: Mr. President, I move we adopt Ordinance #7. MEMBER HAWK: Seconded. PRESIDENT PRO TEM DOUGHERTY: Moved and seconded to adopt Ordinance 7. Any remarks? Roll call vote. NO REMARKS ROLL CALL: 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #7 ADOPTED AS ORDINANCE NO. 56/2010 PRESIDENT PRO TEM DOUGHERTY: Ordinance 7 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM DOUGHERTY: We’re now under Ordinances for their Third and Final Reading Madame Clerk please read Ordinance 8. #8. (3RD RDG) ADOPTED AS ORDINANCE NO. 57/2010 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE FULTON/PARK DRIVE INTERSECTION IMPROVEMENT PROJECT, G.P. 1077; EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION ENGINEERING SERVICES WITH OMNI PRO SERVICES LLC; RECEIVE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDS IN THE AMOUNT OF $1,200,000.00 FOR THIS PROJECT THROUGH THE OHIO DEPARTMENT OF TRANSPORTATION (ODOT); RECEIVE OHIO PUBLIC WORKS COMMISSION (OPWC) FUNDS IN THE AMOUNT OF $549,080.00 FOR THIS PROJECT TO FUND THE COST OF BOTH THE CONSTRUCTION AND CONSTRUCTION ENGINEERING CONTRACTS; AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM DOUGHERTY: The Chair will recognize a motion to adopt Ordinance 8. MEMBER PRATER: Mr. President, I move we adopt Ordinance #8. MEMBER HAWK: Seconded. PRESIDENT PRO TEM DOUGHERTY: Are there any remarks? Roll call vote. NO REMARKS ROLL CALL: 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #8 ADOPTED AS ORDINANCE NO. 57/2010 COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -192- MINUTES OF THE MEETING MARCH 22, 2010 PRESIDENT PRO TEM DOUGHERTY: Ordinance 8 has been adopted. Ordinance #9. #9. (3RD RDG) ADOPTED AS ORDINANCE NO. 58/2010 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 (SANITATION AND ENVIRONMENTAL CONTROL) PRESIDENT PRO TEM DOUGHERTY: Member Prater. MEMBER PRATER: Mr. President, I move we adopt Ordinance #9. MEMBER HAWK: Seconded. PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to adopt Ordinance 9. Are there any remarks? A little faster on the second. (Laughter) MEMBER HAWK: I was thinking. (Laughter) PRESIDENT PRO TEM DOUGHERTY: Roll call vote. NO REMARKS ROLL CALL: 8 YEAS, 2 NAYS (MEMBER HAWK & MEMBER BUTTERWORTH VOTED NAY) CLERK TIMBERLAKE: Eight yeas, two nays. #9 ADOPTED AS ORDINANCE NO. 58/2010 PRESIDENT PRO TEM DOUGHERTY: Ordinance 8 has been adopted. Ordinance 9 please. CLERK TIMBERLAKE: That was 9. Ordinance #10. PRESIDENT PRO TEM DOUGHERTY: Oh, sorry. CLERK TIMBERLAKE: That’s okay, you’re doing a good job, first time. #10. (3RD RDG) ADOPTED AS ORDINANCE NO. 59/2010 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE NORTHEAST OHIO LABOR MANAGEMENT COUNCIL IN AN AMOUNT NOT TO EXCEED $10,000.00 TO PROVIDE LABOR MANAGEMENT CONSULTATION SERVICES; AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM DOUGHERTY: Member Prater. MEMBER PRATER: Mr. President, I move we adopt Ordinance #10. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -193- MINUTES OF THE MEETING MARCH 22, 2010 MEMBER HAWK: Seconded. PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to adopt Ordinance 10. Any remarks? MEMBER WEST: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Yes sir. MEMBER WEST: Could I have the Law Department explain that to me...explain this Ordinance. LAW DIRECTOR MARTUCCIO: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Yes Law Director. LAW DIRECTOR MARTUCCIO: Member West, this was something we prepared at the Direction and request of the Service Director. I understand that it’s something that has been done for a number of years, even before this Administration in order to help the Northeast Ohio Labor Management Council provide labor management consultation services. Part of that, I believe has included training in the past and they’ve offered to intervene in those occasions where an outside body could be helpful, that’s the extent of my knowledge on that. Thank you. PRESIDENT PRO TEM DOUGHERTY: Any more remarks? Roll call vote. NO REMARKS ROLL CALL: 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #10 ADOPTED AS ORDINANCE NO. 59/2010 PRESIDENT PRO TEM DOUGHERTY: Very good. Ordinance #11 please. #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 60/2010 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A TWO-YEAR PROFESSIONAL SERVICES CONTRACT WITH KIKO AUCTIONEERS, INC. TO CONDUCT AUCTIONS AT THE CANTON SERVICE CENTER FOR THE SALE OF JUNK AND SCRAP ITEMS AND IMPOUNDED VEHICLES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM DOUGHERTY: Member Prater. MEMBER PRATER: Mr. President, I move we adopt Ordinance #11. MEMBER HAWK: Seconded. PRESIDENT PRO TEM DOUGHERTY: Are there any remarks? Roll call vote. NO REMARKS ROLL CALL: 10 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -194- MINUTES OF THE MEETING MARCH 22, 2010 CLERK TIMBERLAKE: Ten yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 60/2010 PRESIDENT PRO TEM DOUGHERTY: Ordinance 11 has been adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM DOUGHERTY: Announcement of Committee Meetings. MEMBER WEST: Mr. Chairman. PRESIDENT PRO TEM DOUGHERTY: Member West. MEMBER WEST: Yes, I’d like to have a meeting, March 29th, 6:30 PM for Community and Economic Development. PRESIDENT PRO TEM DOUGHERTY: Thank you. MEMBER SMITH: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Member Smith. MEMBER SMITH: Public Safety and Thoroughfare will meet at the same time. PRESIDENT PRO TEM DOUGHERTY: Okay. MEMBER BUTTERWORTH: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Mr. Butterworth. MEMBER BUTTERWORTH: Environmental and Public Utilities Committee will meet next Monday, March 29th at 6:30 P.M. PRESIDENT PRO TEM DOUGHERTY: Alright, anybody else. MISCELLANEOUS BUSINESS PRESIDENT PRO TEM DOUGHERTY: We’re now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER WEST: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Member West. MEMBER WEST: The Stark County Minority Health Coalition is having their 7th Annual Minority Health kickoff and awards dinner at Skyland Pines. The keynote is Senator Ray Miller and right now, as you guys with the Health Care Bill passing, this will be...enable us to help close the health disparity gaps that exist between minorities and non-minorities. It’s a free dinner, this will outside in the hallway if anybody is COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -195- MINUTES OF THE MEETING MARCH 22, 2010 interested to call this number for free. And all Council Members, they’re asking you guys to attend if you possibly can. Thank you. PRESIDENT PRO TEM DOUGHERTY: Thank you. Any other Miscellaneous Business? Member Prater. MEMBER PRATER: Mr. President. I move we adjourn. MEMBER HAWK: Seconded. PRESIDENT PRO TEM DOUGHERTY: Roll call vote please. NO REMARKS ROLL CALL: 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT PRO TEM DOUGHERTY: (Gavel falls) Meeting adjourned. ADJOURNMENT TIME: 8:00 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE DAVID DOUGHERTY CLERK OF COUNCIL PRESIDENT PRO TEM

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM MARCH 22, 2010 ROLL CALL: Ten Mem bers Present M OTION TO EXCUSE M EM BERS: President Schulm an, Mem ber Cirelli and Mem ber Sm uckler Absent INVOCATION: Mark Butterworth, W ard 8 Council Mem ber PLEDGE OF ALLEGIANCE: Led by Majority Leader David Dougherty AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#5 - O#7; O#7 Adopted on 2 nd Rdg, R#24 Postponed until 3/29/10) PUBLIC HEARINGS: PUBLIC SPEAKS (CITY BUSINESS): Nick Conley runs Conley Service and also General Towing businesses here in Canton. He has approached the adm inistration about saving the city $30,000 to $40,000 annually on im pound services and can’t seem to get an answer on this contract. Steve Fronim o is concerned about the crim e in the Shorb Ave area where he owns a rental property that has been broken into. He has spoke to Council Mem ber W est and the Police Departm ent about having cam eras in the area possibly pointed at his house to watch som e of the activities. He would also like to receive m ore respect from Council in regards to returning telephone calls when he is requesting help on m atters. Mr. Fronim o also feels as though he is being harassed by the Police, Code Enforcem ent and other departm ents about a property he owns and he is starting to think that he should try to buy property in another city than Canton. Patricia Kirk rem inding all that this Thursday, 3/25/10 is the Shake-a-Leaf m eeting. The newly proposed Tree Ordinance will be available to review at that m eeting and she feels that with all of the robberies and m urders in town, the beautification and safety of our town depends on a Tree Ordinances. Illona L-Jalil is concerned about the length of tim e the W ater Park has rem ained in com m ittee. She knows that all parks have som e type of m aintenance fees but feels that this park should be give fair consideration. The percentage of fees for this park should be com pared to the fees for other parks in town and m aybe funds should be divided m ore evenly. INFORM AL RESOLUTIONS: 23. COUNCIL AS A W HOLE: SUPPORTING EFFORTS BEING PURSUED BY PIKE TW P IN DIRECTLY APPEALING TO THE OEPA & INDIRECTLY, BY ENCOURAGING STATE LEGISLATIVE REP TO PERSUADE THE OEPA TO FAVOR A LARGER MORE EQUITABLE LOCAL DISTRIBUTION OF THE 10 MILLION DOLLAR FINE ASSESSED AGAINST COUNTYW IDE LANDFILL IN PIKE TW P. - ADOPTED 24. COUNCIL AS A W HOLE: SUPPORTING APPLICATION FOR GRANT BY STARK COUNTY PORT AUTHORITY FOR CORRUGATED PAPER CENTER @ 1205 5 TH ST SW . - POSTPONED UNTIL 3/29/10 COM M UNICATIONS: 141. COMMUNICATIONS DIRECTOR HERMAN: AUTHORIZE SERV DIR TO ACCEPT DONATION IN AMT OF $2,400.00 FROM CANTON PROF EDUCATORS’ ASSOC TO REIMBURSE CITY FOR PUBLIC EDUCATION/ADVERTISING EXPENSES ASSOCIATED W /MAYOR’S SCHOLARSHIP PROG; AUTHORIZE SUPP APPROP FROM UNAPP 1001 GENERAL FUND TO 1001 200501 70540 ADVERTISING. - FINANCE COMMITTEE 142. CRA HOUSING OFFICER W ILLIAMS: REQ APPROVAL OF OHIO COMMUNITY REINVESTMENT AREA PROGRAM, 2009 RESIDENTIAL STATUS RPT FROM THE CRA HOUSING COUNCIL. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 143. SERVICE DIRECTOR PRICE: AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /BOBCAT INTERNATIONAL FOR PURCHASE OF ONE SKID STEER LOADER MODEL 300 FOR COLLECTION SYS DEPT IN TOTAL AMT OF $32,991.00. - PUBLIC PROPERTY CAPITAL IMPROVEMENT & FINANCE COMMITTEES 144. SERVICE DIRECTOR PRICE: AUTHORIZE TO ENTER INTO AN AGMT W /ZAYO BANDW ITH, W HICH W ILL PERMIT ZAYO BANDW ITH TO CONSTRUCT A “FIBER PLANT” TO CONNECT THE BLISS TOW ER @ 217 2 ND ST NE & THE AEP POP SITE LOCATED @ 301 SOUTH CLEVELAND AVE SW . - FINANCE COMMITTEE 145. SERVICE DIRECTOR PRICE: REQ RATIFICATION OF CONTRACT BETW EEN AFSCME LOCAL 3449 & LOCAL 2937 AND CITY OF CANTON EFFECTIVE 1/1/10 - 12/31/11. - FINANCE & PERSONNEL COMMITTEES ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. RESOLUTION CREATING THE ALLIANCE-CANTON STANDING COMMITTEE ON W ATER; EMERGENCY Referred to Environm ental & Public Utilities Com m itee 1 ST RDG 2. AUTHORIZE MAYOR TO SUBMIT APPLICATION TO OHIO DEPT OF DEVELOPMENT UNDER JOB READY SITE PROGRAM; EXECUTE AN AGMT W /OHIO DEPT OF DEVELOPMENT AND ACCEPT FUNDS ESTIMATED BTW N $3 MILLION TO $3.5 MILLION; EMERGENCY (FORD PROP) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 3. APPROVING & ACCEPTING REPLATTING OF PART OF LOT 6360; EMERGENCY (1203, 1211 & 1217 13 TH ST SE - EASTSIDE HOMES LTD.) Referred to Public Safety & Thoroughfares Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 2 - MARCH 22, 2010 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 4. APPROVING & ACCEPTING REPLATTING OF ALL OF LOTS 2842 & 2843 & PART OF LOT 2844; EMERGENCY (932 & 938 STRUBLE AVE NE - EASTSIDE HOMES LTD) Referred to Public Safety & Thoroughfares Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#5 - O#7; O#7 ADOPTED) 2 ND RDG 5. AUTHORIZE MAYOR TO SUBMIT AN AMENDED ACTION PLAN TO US DEPT OF HOUSING & URBAN DEV FOR NEIGHBORHOOD STABILIZATION PROG; EMERGENCY (C&ED) 2 ND RDG 6. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $1,105.00 TO AMERICAN TITLE ASSOC AGENCY, INC; EMERGENCY (FIN & C&ED) 56/2010 7. AMEND APPROP O#1/2010 BY MAKING $67,700.00 SUPP APPROP FROM UNAPPROP BAL OF 4510 2006 CONSTRUCTION/RECONSTRUCTION BOND FUND TO 4510 707001 JUDGES-CITY HALL RENOVATION PROJ - OTHER; EMERGENCY (PPCI) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 57/2010 8. AUTHORIZE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS & ENTER INTO CONSTRUCTION CONTRACT FOR FULTON/PARK DR INTERSECTION IMPROVEMENT PROJ, GP 1077; EXECUTE A PROF SERV CONTRACT FOR CONSTRUCTION ENGINEERING SERV W /OMNI PRO LLC; REC ARRA FUNDS IN AMT OF $1,200,000.00 FOR PROJ THROUGH ODOT; REC OPW C FUNDS IN THE AMT OF $549,080.00 FOR PROJ TO FUND COST OF BOTH CONSTRUCTION & CONSTRUCTION ENGINEERING CONTRACTS; AMEND APPROP O#1/2010; EMERGENCY 58/2010 9. AMEND EXHIBIT A TO O#164/2001, AS AMENDED, CLASSIFICATION PLAN & SALARIES FOR ALL MGMT & NON-BARG UNIT EMP OF CITY OF CANTON; EMERGENCY (SANITATION & ENVIRONMENTAL CONTROL) 59/2010 10. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /NORTHEAST OHIO LABOR MGMT COUNCIL IN AMT NOT TO EXCEED $10,000.00 TO PROVIDE LABOR MGMT CONSULTATION SERV; AMEND APPROP O#1/2010; EMERGENCY 60/2010 11. AUTHORIZE SERV DIR TO ENTER INTO A TW O-YR PROF SERV CONTRACT W /KIKO AUCTIONEERS, INC TO CONDUCT AUCTIONS AT CANTON SERVICE CTR FOR SALE OF JUNK & SCRAP ITEMS & IMPOUNDED VEHICLES; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, M ARCH 29, 2010 in Council Chamber at 6:30 P.M . 1) Com m unity & Econom ic Developm ent Com m ittee 2) Public Safety & Thoroughfares Com m ittee 3) Environm ental & Public Utilities Com m ittee M ISCELLANEOUS BUSINESS: Council Mem ber W est announcing the 7 th Annual Minority Health Fair which will be held Thursday, April 8, 2010 at 5:30 P.M. This event will be at Skyland Pines Club and Senator Ray Miller will be the speaker. ADJOURNM ENT: 8:00 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, M ARCH 29, 2010 @ 7:30 PM

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