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City Council

Regular Meeting

Canton, OH · March 29, 2010

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -196- MINUTES OF THE MEETING MARCH 29, 2010 PRESIDENT SCHULMAN: We apologize to the citizens in the audience. We had an Executive Session that took some considerable time so we apologize for starting the meeting late. Before we begin however, 21,900 days ago a Member of Canton City Council was born and he is celebrating his 21,900th day. He probably feels as if his time as a Member of City Council has been 21,900 days. I would like to wish Greg Hawk a very happy birthday and a healthy, happy year. (APPLAUSE) MEMBER HAWK: I just want to thank you, everybody. PRESIDENT SCHULMAN: We have to get back on the record so we need a, Leader we need a motion to take us out of Executive Session and put us into active Session. MEMBER PRATER: I move we adjourn from Executive Session. MEMBER CIRELLI: Seconded. CLERK TIMBERLAKE: Nine yeas, Mr. President. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS PRESIDENT SCHULMAN: Thank you, we’re now out of Executive Session and 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: 9 COUNCIL MEMBERS PRESENT: (TERRY PRATER, MARY CIRELLI, JOE COLE, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, MARK BUTTERWORTH & BRIAN HORNER) NINE COUNCIL MEMBERS PRESENT. (DAVID DOUGHERTY, BILL SMUCKLER AND PATRICK BARTON ABSENT.) CLERK TIMBERLAKE: Nine present, Mr. President. PRESIDENT SCHULMAN: Thank you, Madame Clerk. EXCUSING MEMBERS PRESIDENT SCHULMAN: Leader Prater, I’ll recognize a motion to excuse Members Dougherty, Smuckler and Barton from this evening’s meeting. MEMBER PRATER: Mr. President, I move we excuse Members Dougherty, Smuckler, and Barton from this evening’s meeting. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Members Dougherty, Smuckler and Barton from this evening’s meeting. Are there any remarks? Hearing none Madame Clerk, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -197- MINUTES OF THE MEETING MARCH 29, 2010 CLERK TIMBERLAKE: Nine present, three absent, Mr. President. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries and those Members are excused from this evening’s meeting. Tonight we’re to have our invocation given by Ward 9 Council Member Brian Horner. Will you please all remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on Monday, March 29, 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 9 Council Member, Brian Horner. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Before we go into tonight’s agenda, we have a very special tribute to our esteemed and missed Member Joe Carbenia and I would ask that Mike McElfresh and the Building Trades, Dave Kirven also, step forward and if we could have Michelle, Joey, and Clare, if you’ll step forward for a moment, if you’ll step up. MIKE MCELFRESH: Thank you Council President Schulman, Members of Council for this time to speak to you. On behalf of nearly 4,000 dedicated men and women of East Central Ohio Building Trades Unions, we would like to present to you, Council this plaque in appreciation and honor of past Council Member Joe Carbenia. It reads as follows: “In loving memory to a friend and brother for his life time of service to the community and tireless commitment to the membership and families of East Central Ohio Building and Construction Trades Council.” We hope Council will display this memory, memorial of Joe Carbenia so that all citizens of Canton may appreciate Joe’s passion for his City of Canton. Thank you, thank you Clare. (STANDING OVATION). DAVE KIRVEN: Just a over the last few years, I kinda, Joe kinda taken, took a liking to me. I’m not sure why but, he’s been a good friend, he was a good friend to me and tonight we honor Joe for his leadership, friendship and his commitment to his constituents and union brothers. He never told us how to lead, he always showed us. Something, I’ll never forget Joe told me, when you have a tough decision to make, just do the right thing and don’t worry about it. I just want to thank Council for giving us time tonight to honor a friend. (APPLAUSE) PRESIDENT SCHULMAN: Thank you again Mike, Dave and to the Carbenia family. I can promise you that this will be prominently displayed. My only concern is that every time now I look in back here, I’m going to see Joe’s face looking right back at me. And I’ll make sure I do the right thing because I know that’s what he would have wanted. He was a great public servant. I know he was a great father and a husband. We miss him terribly, believe me. And to the family, thank you so much for coming and to the Building Trades we can’t thank you enough. And I’m going to ask if you’ll please turn your cell phones on vibrate or off, I would appreciate it. Thank you again. Thanks Mike. Thanks Dave. (APPLAUSE) We are now under Agenda corrections and changes and Members of Council you’re going to be asked to suspend Rule 22A to add the 2nd Readings of Ordinances 8 to 11. Leader Prater. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -198- MINUTES OF THE MEETING MARCH 29, 2010 MEMBER PRATER: Mr. President I move Rule 22A be suspended to add 2nd Readings of Ordinances #8 through and including #11. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading Ordinances 8 to 11. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Rule 22A is suspended to have the 2nd Reading Ordinances 8 to 11. PUBLIC HEARINGS PRESIDENT SCHULMAN: We are now under Public Hearings. We have no Public Hearings this evening tonight. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks. We do have four speakers this evening. Our first speaker is Henry Stuchul. Mr. Stuchul, Henry, Henry. Ok, I think he signed up last week so apparently he couldn’t make it tonight. Our next speaker, Mike McElfresh. Oh, Mike you already signed up for that. Good then we only have one more. Jennifer Lewis. Miss Lewis, good evening. If you’ll step forward and give us your name and your residential address please. JENNIFER LEWIS: Jennifer Lewis, 805 13th St NE. PRESIDENT SCHULMAN: Good evening and welcome. Thank you very much for coming. JENNIFER LEWIS: I’m going to re-read and email because I’m not sure who received it or who had time to read it this week and it kind of starts where I want to begin. Good evening to all. I am writing in concern of the safety of my own family. I work many long hours therefore, have not had the time to put into speaking out, however after this afternoon I am at my breaking point. I used to love my home. I used to love Canton. Now somehow Canton robs my of my personal freedoms (choke’s up) Sorry, I’m very emotional. PRESIDENT SCHULMAN: That’s alright, that’s alright. JENNIFER LEWIS: Like taking a walk or a bike ride with my two young daughters. Now when we top Forbes magazine as one of the top ten worst places to live, I know why. So far I am living proof. There have been death threats on my family for calling the Police on drug dealers. Threats of rape against me when my husband is at work. Horrid swear words at my daughter and now today, gunshots very close to where our children were. I am curious, what does it take for law abiding citizens to get action. This has to stop before another innocent child is shot. My husband and I have tried to sell our home at just what we owe. Our home is in beautiful shape. Do you know the number one reason people looking at our home gave for not making COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -199- MINUTES OF THE MEETING MARCH 29, 2010 an offer? Crime reports. We cannot sleep at night. We have good neighbors up and leaving, foreclosing. The city of Canton will never come alive again unless crime is under control. That means citizens should be able to walk their streets safely with their children. A husband and a wife shouldn’t be spending their evening collecting shell casing off the street for more evidence of gang activity in broad daylight. A neighborhood pool is a great idea, once it would be safe enough to even get to and who is going to police that? I am young and tired with two children. I work hard and I give back to my community but I will no longer sit back and do nothing as one of my own flesh and blood could die in a ridiculously, perfectly preventable shooting by one of these thugs. Three out of the last five nights, my husband and I have picked up shell casings. Thank you. PRESIDENT SCHULMAN: Thank you very much ma’am. (APPLAUSE) Thank you for coming down and thank you for presenting that to us. Unfortunately it seems to be the sign of the times but if you wish you can stay around. I know our Safety Director is here. He will listen to you and your husband and we’ll certainly try to do everything in our power to ensure that you and your family are safe. And you deserve a decent neighborhood. So thanks again for coming down. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. Madame Clerk, Informal Resolution 24. #24. COUNCIL AS A WHOLE: SUPPORTING APPLICATION FOR GRANT BY STARK COUNTY PORT AUTHORITY FOR CORRUGATED PAPER CENTER @ 1205 5TH ST SW. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER PRATER: Mr. President, I move we adopt Resolution #24. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 24. Yes, I’m sorry. MEMBER CIRELLI: Why was this postponed please? CLERK TIMBERLAKE: Council Member West had requested it be postponed from last week for one week. MEMBER WEST: Yes, it had to get approval from the Port Authority’s and we had to wait a week for that. MEMBER CIRELLI: For what sir? MEMBER WEST: The Chamber asked for it to wait a week for it to get reviewed by the Port Authority’s and it did get the approval of that and now we’re moving forward with the Informal Resolution. MEMBER CIRELLI: Thank you. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -200- MINUTES OF THE MEETING MARCH 29, 2010 PRESIDENT SCHULMAN: Okay so it has been moved and seconded to adopt Informal Resolution 24. Sir would you like to make a comment on this Resolution? CHRIS JOHNSON: Yes, I just had an informal statement. PRESIDENT SCHULMAN: Could you give us your name and your residential address please. CHRIS JOHNSON: I’m Chris Johnson and serve as the Vice President of Site Selection Services for the Stark Development Board and I’m also representing the Stark County Port Authority this evening. I really just had a prepared statement to request your support if you wanted to hear that. PRESIDENT SCHULMAN: Can you just briefly explain to us without reading your entire statement why you believe it’s important for this Council to support this Resolution? Just briefly sir. CHRIS JOHNSON: Yes. What it is, it’s new technology that we believe could fundamentally change the way that paper board or corrugated paper could be made and it’s an issue of both energy savings, savings of paper that is used in the process and actually looking at types of adhesives in this process that could take materials that are landfilled and ultimately recycle them so we feel it’s a new technology. We want to continue to pursue alternative energy and new technology sources and that’s why I’m asking for your support. PRESIDENT SCHULMAN: Very good. Thank you very much and thank you for coming down. We really do appreciate it. Any other remarks? All those in favor of supporting Informal Resolution 24 signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #24 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it and the Resolution is adopted. Resolution 25 please Madame Clerk. #25. COUNCIL AS A WHOLE: RECOGNIZE STARK CNTY MINORITY HEALTH COALITION FOR 7TH ANNUAL MINORITY HEALTH CELEBRATION. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER PRATER: Mr. President, I move we adopt Resolution #25. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 25. Are there any remarks under this Resolution? MEMBER WEST: Yes Mr. President. PRESIDENT SCHULMAN: Member West. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -201- MINUTES OF THE MEETING MARCH 29, 2010 MEMBER WEST: I’d like to have it read please. PRESIDENT SCHULMAN: Sure, Madame Clerk would you please read the Resolution? CLERK TIMBERLAKE: Minority Health Month was created in Ohio in April 1989 and featured 81 community initiative events; and Whereas: Minority Health Month was designed by to be a 30 day wellness campaign; and Whereas: In 2000, April because National Minority Health Month with five main goals: provide crucial information, promote healthy lifestyles, showcase providers of grassroots health care, highlight health conditions between minority and non-minority populations and gain support for improvements to minority health year round; and Whereas: Each day in April 2010 there are events planned in various cities executed by community based agencies and organizations; and Whereas: Minority Health Month 2010 will launch Ohio’s blueprint to eliminate minority health disparities based on the strategies over several groups meeting to address these health issues and Now Therefore Be It Resolved: That we the Members of Canton City Council do hereby recognize the Stark County Minority Health Coalition for the 7th Annual Minority Health Celebration and for their efforts to eliminate health disparities in Ohio and the nation. PRESIDENT SCHULMAN: Thank you Madame Clerk . Any other remarks? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: That will be presented at the Minority Health Dinner on April 8th that all of you are invited to. PRESIDENT SCHULMAN: Great, thank you. Any other remarks? Hearing none, all those in favor of Resolution 25 signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #25 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The Resolution is adopted. 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 29, 2010. 146. CANTON-STARK CNTY CRIME LAB: 2009 ANNUAL REPORT. - RECEIVED & FILED 147. COMMUNICATIONS DIRECTOR HERMAN: REQ TO AMEND CHAPTER 150 OF CODIFIED ORDINANCES TO ENABLE SYSTEMS PLANNING BOARD TO CREATE, MAINTAIN & COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -202- MINUTES OF THE MEETING MARCH 29, 2010 ENFORCE CITY-WIDE DATA SECURITY POLICY. - JUDICIARY COMMITTEE 148. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W/TRINITY GOSPEL TEMPLE TO PROVIDE A GRANT UTILIZING CDBG FUNDS IN AMT NOT TO EXCEED $25,000.00 FOR A FOOD VOUCHER PROG. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 149. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF D1 D2 D3 D3A LIQ PERMIT FROM STERN & MANN BAR AND GRILLE LLC DBA STERN & MANN BAR AND GRILLE @ 101 CLEVELAND AV NW SUITE 100 TO STERN & MANN BAR AND GRILLE LLC DBA BROWNSTONE @ 585 N MARKET ST. - RECEIVED & FILED 150. RKL PROPERTIES LLC, APPLICANT: REQ ZONE CHANGE @ 1750 IRA TURPIN WAY NE FROM I-1 (LIGHT INDUSTRIAL) TO PR-4 (PLANNED MULTI-FAMILY RESIDENTIAL) FOR INDEPENDENT HOUSING FOR EX-OFFENDERS (WARD 4). - PLANNING COMMISSION 151. SAFETY DIRECTOR REAM: REQ APPROVAL OF DEMO OF VARIOUS PROPERTIES ON BEHALF OF CANTON BLDG DEPT. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 152. SERVICE DIRECTOR PRICE: REQ LEGISLATION TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR ONE 2011 HEAVY DUTY CREW TRUCK CHASIS IN AMT NOT TO EXCEED $38,000.00 & ONE 2011 HEAVY DUTY DUMP TRUCK NOT TO EXCEED $43,000.00 FOR WATER DEPT; AUTHORIZE TO PURCHASE FOR WATER DEPT TWO 2010 SVC VANS FROM STATE COOP PURCHASING PROG AS STATED IN ORC SEC 125.04. THE COST OF EACH VEHICLE IS $16,470.79 & VENDOR IS GERMAIN FORD; REQ $164,000.00 SUPP APPROP FROM UNAPPROP BAL OF 5201 WATER FUND TO 5201 207022 APPROP WATER DISTRIBUTION FUND. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 153. SERVICE DIRECTOR PRICE: ADVISING THAT CITY WILL NOT BE ENTERING INTO PLA FOR CLEVELAND AVE NW, RESURFACING PROJ, GP 1109, PID 86877. - RECEIVED & FILED 154. SERVICE DIRECTOR PRICE: REQ THE FOLLOWING LEGISLATION FOR CLEVELAND AVE NW RESURFACING PROJ, GP 1109, PID 86877: ADVERTISE, REC BIDS; EXECUTE PROF SVCS CONTRACT FOR ENG SVCS; REC ARRA FUNDS; VARIOUS SUPP APPROPS ($102,345.00, $1,728,000.00; DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: 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 would you please read the 1st Reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #7 FOR THEIR FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -203- MINUTES OF THE MEETING MARCH 29, 2010 #1. (1ST RDG) A RESOLUTION ACCEPTING THE COMMUNITY REINVESTMENT AREA HOUSING COUNCIL’S RECOMMENDATIONS REGARDING COMMUNITY REINVESTMENT AREAS: AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH BOBCAT COMPANY IN AN AMOUNT NOT TO EXCEED $32,991.00 FOR THE PURCHASE OF ONE (1) SKID STEER LOADER MODEL 300 FOR THE COLLECTION SYSTEMS DEPARTMENT PURSUANT TO O.R.C. SECTION 125.04; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement & Finance Committees #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AGREEMENT WITH ZAYO BANDWIDTH TO PERMIT CONSTRUCTION OF A “FIBER PLANT”; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010 TO APPROPRIATE ADDITIONAL MONEYS NEEDED FOR THE OPERATING EXPENSES OF THE CITY OF CANTON FOR THE REMAINDER OF FISCAL YEAR 2010; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance & Public Property Capital Improvement Committees #5. (1ST RDG) ADOPTED AS ORDINANCE NO. 61/2010 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ACCEPT A DONATION IN THE AMOUNT OF $2,400.00 FROM THE CANTON PROFESSIONAL EDUCATORS’ ASSOCIATION TO REIMBURSE THE CITY FOR PUBLIC EDUCATION/ADVERTISING EXPENSES ASSOCIATED WITH THE MAYOR’S SCHOLARSHIP PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #6. (1ST RDG) ADOPTED AS ORDINANCE NO. 62/2010 AN ORDINANCE APPROVING A TWO- YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND AFSCME LOCAL 2937/OHIO COUNCIL 8; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance & Personnel Committees #7. (1ST RDG) ADOPTED AS ORDINANCE NO. 63/2010 AN ORDINANCE APPROVING A TWO- YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND AFSCME LOCAL 3449/OHIO COUNCIL 8; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance & Personnel Committees PRESIDENT SCHULMAN: And at this time the Chair would declare an in-house recess for the Finance Committee and Personnel Committees to meet in regard to Ordinances 5, 6 and 7 on your agenda for this evening. You are now in recess. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -204- MINUTES OF THE MEETING MARCH 29, 2010 (COUNCIL RECESSED AT 8:08 P.M. FOR THE FINANCE AND PERSONNEL COMMITTEES TO DISCUSS ORDINANCES #5, #6, AND #7; RECONVENED AT 8:11 P.M.) PRESIDENT SCHULMAN: Council will reconvene after it’s recess. Leader Prater. MEMBER PRATER: Mr. President I move we suspend Rule 22A to place Ordinances 5, 6 and 7 back on this evening’s agenda. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend Rule 22A to place Ordinances 5, 6, 7 back on this evening’s agenda. Are there any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries and the motion to suspend Rule 22A is affirmed. Ordinances 5, 6 and 7 are a legal part of our agenda. Leader Prater. MEMBER PRATER: Mr. President, I move we suspend the Statutory Rules on Ordinance #5. MEMBER CIRELLI: 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 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries, Leader Prater you’ve heard the three readings. MEMBER PRATER: Mr. President, I move we adopt Ordinance #5. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #5. Are there any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. #5 ADOPTED AS ORDINANCE 61/2010 PRESIDENT SCHULMAN: Ordinance #5 has been adopted. Leader Prater with respect to Ordinance 6 please. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -205- MINUTES OF THE MEETING MARCH 29, 2010 MEMBER PRATER: Mr. President, I move we suspend the Statutory Rules on Ordinance #6. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on Ordinance 6. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader Prater you’ve heard the three readings. MEMBER PRATER: Mr. President, I move we adopt Ordinance #6. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 6. Any remarks under this Ordinance? I would just echo what Finance Chair Hawk said. We really appreciate you, the Unions and the workers of the city stepping forward at this time of need. We cannot thank you enough and hopefully when this turns and it will turn, we’ll be able to make other decisions instead of taking money and hard work out of your pockets. So any other remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. #6 ADOPTED AS ORDINANCE 62/2010 PRESIDENT SCHULMAN: Ordinance #6 is adopted. With respect to Ordinance #7 Leader. MEMBER PRATER: Mr. President, I move we suspend the Statutory Rules on Ordinance #7. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on Ordinance 7. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader Prater you’ve heard the three readings. MEMBER PRATER: Mr. President, I move we adopt Ordinance #7. MEMBER CIRELLI: Seconded. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -206- MINUTES OF THE MEETING MARCH 29, 2010 PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #7. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. #7 ADOPTED AS ORDINANCE 63/2010 PRESIDENT SCHULMAN: Ordinance #7 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now move to Ordinances for Second Reading. Madame Clerk, will you please read Ordinance #8. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #8 THROUGH #11 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #8. (2ND RDG) A RESOLUTION CREATING THE ALLIANCE-CANTON STANDING COMMITTEE ON WATER; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) ADOPTED AS ORDINANCE #64/2010 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 MEMBER PRATER: Mr. President, I move we suspend the Statutory Rule for Ordinance #9. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Statutory Rule for Ordinance #9. Are there any remarks under this Ordinance? Hearing none Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. You’ve heard the three readings Leader. MEMBER PRATER: Mr. President, I move we adopt Ordinance #9. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #9. Are there any remarks under COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -207- MINUTES OF THE MEETING MARCH 29, 2010 this Ordinance? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes Member Cirelli. MEMBER CIRELLI: Just for the record, I’d like to have someone explain why we’re passing this Ordinance tonight as an emergency. PRESIDENT SCHULMAN: As an emergency or tonight. MEMBER CIRELLI: Tonight. PRESIDENT SCHULMAN: I think the indication was from the Director, Member Cirelli that this had to be submitted by April 1. MEMBER CIRELLI: I understand that but this will go the record sir, thank you. PRESIDENT SCHULMAN: Oh, your welcome. That’s OK Director. Any other, I do listen to what you say, by the way. You can tell that. MEMBER CIRELLI: Well, Mr. President. PRESIDENT SCHULMAN: Yes, Member Cirelli. MEMBER CIRELLI: Please let Mr. Torres say it for the record. PRESIDENT SCHULMAN: OK, I’m sorry. Go ahead, Director. DIRECTOR TORRES: Thank you. Yes, Member Cirelli. The application deadline is April 1. Hence our request for passage today for support of this application. MEMBER CIRELLI: Thank you sir. PRESIDENT SCHULMAN: Thank you Director. And I still listen to what you have to say, so, any other remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. #9 ADOPTED AS ORDINANCE 64/2010 PRESIDENT SCHULMAN: Ordinance #9 is adopted. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -208- MINUTES OF THE MEETING MARCH 29, 2010 #10. (2ND 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) PRESIDENT SCHULMAN: Leader. #11. (2ND 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) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: I’m so excited to call on the Leader. We’re now under Ordinances and Formal Resolutions for their Third and Final Reading and vote. Madame Clerk please read reconsidered Ordinance #12. #12. (3RD RDG) RECONSIDERED AND ADOPTED AS AMENDED 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 SCHULMAN: Leader.. MEMBER PRATER: Mr. President, I move we reconsider Ordinance 59/2010 adopted on March 22, 2010. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to reconsider Ordinance 59/2010 adopted on March 22, 2010. Are there any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Leader. MEMBER PRATER: Mr. President I move we amend Ordinance 59/2010 per the copy that all Council Members have in front of them. MEMBER CIRELLI: Seconded. AMENDMENT Pursuant to Rule 41 and 36, I move to reconsider and amend Ordinance No. 59/2010 by deleting the language “amending appropriation Ordinance No. 1/2010" in the caption, deleting Section 2 and renumbering Section 3 to Section 2. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -209- MINUTES OF THE MEETING MARCH 29, 2010 PRESIDENT SCHULMAN: It’s been moved and seconded to amend the Ordinance 59/2010 as per the copy before each Member of Council. Are there any remarks? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Member Cirelli. MEMBER CIRELLI: Could I have the Amendment read and the reason why we’re doing reconsideration, please. PRESIDENT SCHULMAN: Yes, Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Member Cirelli the amendment removes the language that says “Amending appropriation Ordinance #1/2010" in the caption, takes out a Section 2 and it renumbers Section 3 to 2. What that all means is last week’s Ordinance included a Supplemental Appropriation that would move the money from one account to another that wasn’t necessary. The money was already in the fund, so this is undoing an unnecessary Supplemental Appropriation and this was the quickest way to do it by reconsideration. Thank you. MEMBER CIRELLI: Mr. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. Thank you Law Director for the explanation. Who’s error are we undoing? PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: Mr. President, Member Cirelli. I’m not sure. We typically do Supplemental Appropriations when money has to be moved from one account to another. I don’t remember if the Communication specifically asked us to or didn’t, but these Ordinances, almost always include Appropriations of that nature. If it’s important to you, I will find out and let you know. MEMBER CIRELLI: I would appreciate it. PRESIDENT SCHULMAN: Any other remarks? SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Yes Director. I don’t happen to have the Communication handy but it did specify what the Law Director’s pointed out then that Communication did go out under my signature. I copied it from the previous request, but I’ll look but if it is that way, it was me. LAW DIRECTOR MARTUCCIO: (Indaudible) MEMBER CIRELLI: I can’t hear what you said, Law Director. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -210- MINUTES OF THE MEETING MARCH 29, 2010 SERVICE DIRECTOR PRICE: I suspect it was the Law Director. (LAUGHTER) At least I threw him under the bus for sitting here next to me. PRESIDENT SCHULMAN: Are there any other remarks? Just to remind you, what you are voting on is a motion to amend the Ordinance 59/2010 per the copy before each of you. All those in favor, signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it and the motion carries and Leader Prater. MEMBER PRATER: Mr. President, I move we adopt Ordinance 59/2010 as amended. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: And the question you’re now voting on is Ordinance 59/2010 as amended. Are there any remarks under this Ordinance as amended? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. #12 RECONSIDERED AND ADOPTED AS AMENDED AS ORDINANCE NO. 59/2010 PRESIDENT SCHULMAN: 59/2010 is adopted. Ordinance #13 please. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 65/2010 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 PRESIDENT SCHULMAN: Leader Prater. MEMBER PRATER: Mr. President, I move we adopt Ordinance 13. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 13. Any remarks under that Ordinance? Hearing none Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 65/2010 PRESIDENT SCHULMAN: Ordinance 13 is adopted. Ordinance 14 please. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -211- MINUTES OF THE MEETING MARCH 29, 2010 #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 66/2010 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 PRESIDENT SCHULMAN: Leader Prater. MEMBER PRATER: Mr. President, I move we adopt Ordinance 14. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 14. Are there any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 9 YEAS, 0 NAYS CLERK TIMBERLAKE: Nine yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 66/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 14 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We are now under Announcement of Committee Meetings. Are there any announcements? MEMBER PRATER: Mr. President PRESIDENT SCHULMAN: Yes, Leader Prater. MEMBER PRATER: Public Property and Capital Improvement and Personnel will meet next Monday at 6:30. PRESIDENT SCHULMAN: Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Community & Economic Development will meet same time, same place. PRESIDENT SCHULMAN: Thank you very much. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -212- MINUTES OF THE MEETING MARCH 29, 2010 MEMBER HAWK: Thank you sir. Finance Committee will meet Monday April 5th at 6:30. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Member Cirelli. MEMBER CIRELLI: Environmental & Public Utilities Committee will meet at 6:30. PRESIDENT SCHULMAN: Great, thank you very much. Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any Miscellaneous Business? Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Mr. President, thank you. Members of Council and audience members, there are a few points I’d like to share, observationally. Miss Lewis, your remarks are heartbreaking about what’s going on in your neighborhood. I’m am sure I speak for many of us here, when I say that this being a week of spiritual observation by at least two of the planets major religions, that we invoke all the love we can from our religious and spiritual pursuits. And practical law enforcement to the extent we can. It’s a difficult thing to look at your city and realize that’s going on as well. On another note, for those of you who aren’t otherwise observing spiritual activities Friday night, go the other direction and come downtown for First Friday and all the other things that are available there, culturally speaking, artistic wise. It’s going to be a fun First Friday. I wanted to say to Adam Herman, thank you from the Law Department. Our interactions with you on many projects, I’ve seen you be diligent reminding us to get some things completed. You were always bright and intuitive and I think some of the legacies you’ll leave for us are a better policy that we’ll see next week on secure purchases of software and things that are to advanced for me to recount right here, right now. And obviously the work you did on the Public Records Commission and with the Canton Quarterly put the city in a good light. So thank you and good luck in your new position. And I also wanted to say thanks to the Mayor’s negotiating team and the Union President’s who were involved and their committees. In 3449, Ray Roney and his team and Steve Pickard. 2937 Ray Stauffer, Pickard and Robert Thompson and their teams and particularly the Mayor’s team, your chief spokesperson did an excellent job. Very diplomatic, very thorough, very well prepared in Warren Price. Kris Bates from our office was very instrumental I think in helping them legally and I want to particularly commend Tyler Converse, Water Superintendent and Kevin Monroe, Streets for the diligence and the analysis of, Mr. Butterworth you would have been proud of the numbers they worked. Mr. Hawk I know you have had some interactions with them. They were extremely diligent in working the numbers and the other members of the team were Karen Alger and Wilietta Jones, Johnson, thank you. They, I observed one and there was a lot of good interaction. You know we are very critical of the way people throw stones, literately threw windows and the hatred that’s out there right now and the vitriol over matters that are insoluble like health care, but those teams really sat down, respected each other, pulled a few punches here and there but essentially went at it and came out with a contract. I want to commend both sides for looking at it very realistically. Obviously we know we’re in difficult times, but the AFSCME’s looked at management and said, “You’re asking us to make some concessions that haven’t been made in the safety forces yet.” And after some animated discussion they said we get it, we understand and Member Cirelli your question about the one size fits all pricing for the health care deductible, employee contribution, it is three tiered in management but the unions looked at it and said we want to be a little more fair across the board. I don’t want to use the word socialistic because that’s apparently a dirty word right now out there in America but they wanted it to be a bit more accommodating to the majority of some of the members in one of the unions who were single parents with a lot of children. They wanted to have a one size fits all approach in the premium co-pay as COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -213- MINUTES OF THE MEETING MARCH 29, 2010 opposed to the three tiers. And that was their option. And they voted and it was a contract that had a meeting of the minds. And again I want to commend the Mayor and his team and the Union teams. Having done that a long time ago, I know how difficult that is, especially in times like these, so Council I think you should be proud of your vote tonight. I think it reflected a lot of good will on the part of all at the table. PRESIDENT SCHULMAN: Thank you, Law Director Martuccio. Any other Miscellaneous Business? Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. I got Miss Lewis’s email and I answered her and I think I sent everybody here a carbon copy. I have some real concerns and I didn’t like what and exactly what you read was what you had sent to us. I didn’t like hearing that was happening in our city. This is a question I’m going to put to the Mayor or to the Safety Director. The rumor out in the streets is we all know, and I been reading some online opinions now and then, that the Police have been told that they more or less bring in a certain amount of money, that their furloughs they will not have to take furloughs. Now I don’t know if that’s true or not so I don’t know who wants to answer that and but whenever I heard that and then put that together with Miss Lewis’s complaints that she had and thinking of the neighborhoods. I want to hope and I know we’re low on our Police force but I want to know that the Police are responding to neighborhood complaints. More so than writing traffic tickets over on Interstate 77 and I know when we had a neighborhood meeting with three neighborhoods attended there, and Safety Director Ream you were there as well as Officer Sargent Pressley soon to be Captain, as he referred to himself, that might have been in jest or whatever, but I didn’t like what I heard at that meeting also that there was somebody that stated there was people in a garage and they called but there was no Police came. But someone went all the way down the street and broke windows and they called, no Police came, no Police reports. I at that time asked you about if there was a police report of an incident that happened at my home and you said no there was not. It was brought out more or less that it was at the discretion of the Police if they make a report or not and I happen to think that every call that comes in is important enough that, that be noted somewhere and by the way you made it, a comment to me and it was probably in half of a jest about the lady that showed up on my house could maybe have been a friend of mine and she obviously was a person that had some mental problems or something like that. I’d assume that was in a jest, it was not appreciated. I could have turned around and said to you well, no maybe I thought it was your wife cause they turned around and took her to a home in North Canton where you live. But I chose not to do that. But I think we need some explanation as to what is happening in our neighborhoods and with our Police going into the neighborhoods and our, have they been told that they will not have to take furlough if they bring X amount of dollars into this community by ticketing? SAFETY DIRECTOR REAM: Mr. President. PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: Well there’s a lot of questions and statements that you made there, Member, and I can assure you that the Chief and I don’t condone the kind of activities going on at 13th and Plain. We’ve communicated with the community up there. We’re working on the problem. We’ll continue to work on the problem. I can categorically tell you that this is no ticket quotas in the Canton Police Department. I’ve said it time and again and I don’t know how else I can explain it. There is no ticket quotas. We will attack the neighborhood issues and 13th and Plain is not the only neighborhood problems we have in the city, we’re aware of that. We know that when the weather breaks in the springtime we’re going to have increased activity. We gear up for it. It isn’t anything that just happens in our community. It happens across the state when the weather breaks here in Ohio, we see increased activity in our neighborhoods and we will as we have in the past, prioritize our calls and answer them as expediently as we can depending on what’s going on COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -214- MINUTES OF THE MEETING MARCH 29, 2010 overall in the city. There may be other things that you referred to here that I don’t recall but as far as your questions and statements, I hope I addressed them. MEMBER WEST: Mr. President. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Will we be implementing the curfew and what exactly are the ages for the curfew sir. And I had one constituent call because she has a grandson that’s working somewhere and if he stays at the place of employment, it’s past the curfew hours so she had some concerns about that if he would be picked up, or what would occur with this young man. PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: Yes Mr. President. The curfew is by Ordinance. I don’t recall the ages right off hand, it’s under 18 and the circumstances and times, but it’s covered if that individual I believe is coming to or from a work environment and is past a curfew hours, I believe that they can make it home with no problem, so that shouldn’t be a difficulty. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. Thank you Member Cirelli. Member West. MEMBER WEST: Well first and foremost I want to thank Jen and Jim for coming down here. It’s their second week down here and I really, I think these are two individuals in Ward 2 that I rely on heavily to give me input. Friday night I was over at their house, probably for a couple hours and talked my ears off, that’s why I got this cold today, but five minutes after I left there, she heard gun shots. Called me back and we went back over there, met the Police officer over there and I think the Police responded that time. I also called the Mayor and he said he was going to be on this right away so and I got an email today from Director Ream in reference to this area as well. You know this isn’t, this isn’t easy. This community there’s, we’re full of gangs right now and we don’t have jobs for them but we’re going to have to do this, we’re going to have to tackle this problem collectively, but one thing that Member Cirelli just said which I agree with. Couple years ago we enforced our curfew pretty heavy. We sent out a message and that summer it was kinda reduced. I mean the crime was reduced that year and I hope that we can step that up again. I believe that helped out just a little bit. These kids and that’s what I calling it, a bunch of kids that are hanging on 13th and Plain outside of Gibbs school and you know, even though some of them may not be doing anything criminal, some of them, some of their actions are threatening to a lot of the neighbors. And then you hear gunshots and when you hear that, that kinda just throws everybody in a tizzy including me. So, I don’t know all the answers but I believe curfew could be one of those, cameras could be another and active participation like Jen and Jim. I mean these two individuals, yea they could have left but believe me they stand there and they fight. Their out there, people are throwing bricks in their window and things of that nature and I just, if we had a 100 of Jen and Jim and these high problematic areas, believe me, our town would be a better place to live. But I will also say this, I want to say Adam, I know I said words to you a month ago, and I appreciate all that you’ve done for the city of Canton. You made the Canton Connection an awesome newspaper and I just want to appreciate, appreciate you and all your efforts and you made our communication for what we do here in government, you made it better for our citizens of Canton so thank you. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -215- MINUTES OF THE MEETING MARCH 29, 2010 PRESIDENT SCHULMAN: Thank you Member West. Any other Miscellaneous Business? Member West. MEMBER WEST: Mr. President. I’m sorry I got one more thing. PRESIDENT SCHULMAN: Sure. MEMBER WEST: Service Director. 619 or Safety Director, excuse me. 619 Cherry Ave NE it’s a building that’s been standing God knows how many years but it’s, I’ve called this in like probably over the last four years, four or five years to see what we can do. This has to be safety hazards there. I mean it’s really blighted building to our community and to our downtown. Can we look into that and see what can be done with that building? I mean I think there’s some type of outside exterior code issues that we might be able to address on that building. SAFETY DIRECTOR REAM: Mr. President. PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: This is the first I’m hearing about it myself. Have you had contact with the Building Department on this Mr. West? MEMBER WEST: No that’s why I’m asking you. I’ve done this so many times in the past and I tired. SAFETY DIRECTOR REAM: OK, I will contact them tomorrow and we’ll get back with you. PRESIDENT SCHULMAN: Great, thank you. Any other Miscellaneous, yes, Member Butterworth. MEMBER BUTTERWORTH: Very briefly I just want to make Council and the public aware that not only with First Friday as Law Director Martuccio has spoken about, Saturday the J. Babe Stearn Community Center is honoring some of our own here in the city and included in that is R. A. Mallonn and tickets are on sale through the J. Babe Stern Center. All the proceeds go to the youth programs there. It will be a fun event and what better time than to celebrate with our City Auditor so thank you. PRESIDENT SCHULMAN: Great, thank you, Member Butterworth. Any other Miscellaneous Business? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: We have a little piece of housekeeping here to do. We are going to have a special meeting of Council and the Finance Committee on Wednesday, March 31st at 5:30 P.M. It will be our final opportunity to produce the budget by the state requirement of April 1st. We have if we are still a few points away, we need to be certain that Council has requested some amendments that the amendments be brought down to us in a timely fashion. We did not receive the amendments we requested to vote on, in order to vote on this this evening. We found out we have two copies of the exact same process, we need this other amendment to come down as per Council’s request so therefore, we were having this meeting Wednesday, March 31st at 5:30 P.M. Thank you. PRESIDENT SCHULMAN: Thank you. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -216- MINUTES OF THE MEETING MARCH 29, 2010 MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: Member Hawk, so are you saying we’re voting on March 31st or MEMBER HAWK: Yes sir we must vote on it by March 31st because April 1 is the deadline for having a budget passed. PRESIDENT SCHULMAN: Any other Miscellaneous Business? MAYOR HEALY: Mr. President. MEMBER BUTTERWORTH: Mr. President. PRESIDENT SCHULMAN: Mayor, sorry I heard two voices didn’t I who else. Member Butterworth you go ahead, Mayor I think you should go last.. MEMBER BUTTERWORTH: To Chairman Hawk. What is going to be different on Wednesday from tonight because as I recall you made a request as of March 1st and again this is a similar issue it seems from what we’ve had before and have you been reassured that everything will be there. MEMBER HAWK: Mr. Butterworth I’ve not been reassured that we will have everything on Wednesday, March 31st. What I’ve requested and the Finance Committee’s requested is some amendments and changes. These amendments and changes were not brought down to us this evening to even review or to vote on. Apparently there was an error made where two copies of the same piece of legislation was sent down to Council this afternoon. I did not find out about this myself until about 3:30 or 4:00 this afternoon. The Law Department’s astute Office Manager or Office Director happen to catch this and called it to our attention so I thank them very much for that. PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Thank you Mr. President. First, I would like to thank Council for approving the Union contracts that was negotiated and I’d like to commend the team that lead for the administration with the Law Department and the Department Heads that were on board. I also and most importantly would like to thank the Union leaders and the workers who negotiate this and workers who voted for it on their behalf. You know this is obviously a very challenging time for the city of Canton as well as every community out there right now cause this is, this is not a city issue or a county issue or a state issue, it’s a global issue that we’re all facing, and I appreciate the workers stepping up and helping play a part in this. It’s not easy to do, to ask somebody to take less home on their paycheck and we all have commitments and responsibilities in our homes and our families and we know how difficult it is, you know when people do that and it’s even worse when people lose their jobs. And we know there’s a lot of folks out in the city who’ve been in that situation so I just want to thank all the workers. We have a great group of people that work for the city of Canton. They work very hard. There’s far fewer people today working for the city, doing even more work than ever so we’re all feeling it and I want to make sure they appreciate or they know how much I appreciate what they do and their actions in supporting this contract. I would like to point out also that with these two contracts with the AFSCME Unions in addition to the concessions made by the Police and Fire, by the non-union employees, civil service, management, as well as the Health Department employees along with many of the elected COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -217- MINUTES OF THE MEETING MARCH 29, 2010 officials, we have had concessions well over $3,500,000.00 on an annual basis, so these concessions are extremely important but quick significant to helping us reach our budget demands and that’s only part of getting there. The budget cuts over the last year and a half are quite a bit more than that, so I just want to spread that thanks for everybody working together on this. Also, I’d like to take a moment to recognize Adam Herman as well. Adam has been a wonderful, wonderful employee. A friend and I just want to point out a few things because you know, he often got characterized as the spokesperson for this administration and that seemed to be the phrase that people wanted to use as a spokesman, the spokesman and yes he did that. He dealt with the media. He did the press releases. He set up the appointments for the press. He did speech writing, press releases, a number of things in that category but he also did for us besides that role he also was the Director that overseen the IT Department. He was involved in helping us update our website, which I think is one of the best websites out there for any city that I’ve seen. He helped initiate the wireless network downtown so we have open space wireless downtown in Canton. He helped us put the bidding process online so people can see who’s bidding and getting awarded contracts for the city of Canton to make that more transparent. He was involved in redesigning and also helping create the funding stream for the Canton Connection which I think is, has gotten better and better as we’ve been here. He was the idea design for the Canton’s Most Wanted program that we initiated last month to help us target and go after those outstanding warrant, the highest criminals that we want to go after and quite frankly how many, 4 have been collected so far, from that posting so that’s helped us bring in four on the wanted list. He was involved in helping us introduce and do the marketing for the recycling program. He was involved in doing pretty much all the graphic design, we didn’t have to send any of that outside of the city so we did that internally, he was able to help with that for so many departments in the city and I can go on. You get the idea here that this is far more than just a spokesperson. This is somebody who was an extremely valuable asset to this administration and to the city of Canton. Your mark has been left here Adam and you will be remembered for a long time. You did a great job, thank you. (APPLAUSE) PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Mr. President, to Member Butterworth’s question regarding this Wednesday’s Finance Committee meeting, in those items that can be reconciled, between the Finance Committee and the administration, the Law Department will help prepare the necessary amendments of Finance Committee request in conjunction with the 8th floor and the Auditor’s office. To those items that may still be disputed, we can help prepare amendments for the Finance Committee to introduce on the floor if there are any items still in dispute so that you will have in writing what you need Wednesday evening to pass the final budget. I won’t be here I have a commitment to teach elsewhere but I will have someone here. PRESIDENT SCHULMAN: Member Butterworth. MEMBER BUTTERWORTH: I’d be happy to vote to no to end the meeting and we could discuss it all right now and get those written up. So I will be voting no to end the meeting and if we want to figure all that out right now, we’re all here and I’d be happy to do so. Thank you, Joe. PRESIDENT SCHULMAN: Thank you, is there any other Miscellaneous Business? Pursuant to Rule 3 then we’re going to adjourn to hold a special meeting on Wednesday, March 31, 2010 at 5:30 P.M. to discuss the 2010 budget. The Chair will recognize a motion to adjourn. MEMBER PRATER: Mr. President. PRESIDENT SCHULMAN: Leader Prater. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -218- MINUTES OF THE MEETING MARCH 29, 2010 MEMBER PRATER: I move we adjourn til Wednesday evening at 5:30 P.M.. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn until Wednesday March 31, 2010 at 5:30. Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 8 YEAS, 1 NAYS (MEMBER BUTTERWORTH VOTED NAY) CLERK TIMBERLAKE: Eight yeas, one nay, Mr. President. PRESIDENT SCHULMAN: (Gavel falls) Meeting adjourned until Wednesday. Ladies and gentlemen thank you and thank you for your patience.. ADJOURNMENT TIME: 8:48 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM MARCH 29, 2010 ROLL CALL: Nine Mem bers Present M OTION TO EXCUSE M EM BERS: Mem ber Dougherty, Mem ber Sm uckler and Mem ber Barton INVOCATION: Brian Horner, W ard 9 Council Mem ber PLEDGE OF ALLEGIANCE: Led by President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#5 - O#7 and 2 nd Rdg O#8 - O#11;O#5, O#6 & O#7 Adopted on 1 st Rdg; O#9 Adopted on 2 nd Rdg; O#12 Reconsidered and Adopted as Am ended) PUBLIC HEARINGS: None PUBLIC SPEAKS (CITY BUSINESS): Michael McElfresh and Dave Kirven re: presented Council and the Carbenia fam ily with a plaque honoring Joe Carbenia; Jennifer Lewis re: Expressing her dism ay with the crim e in her neighborhood. INFORM AL RESOLUTIONS: 24. COUNCIL AS A W HOLE: SUPPORTING APPLICATION FOR GRANT BY STARK COUNTY PORT AUTHORITY FOR CORRUGATED PAPER CENTER @ 1205 5 TH ST SW . - ADOPTED 25. COUNCIL AS A W HOLE: RECOGNIZE STARK CNTY MINORITY HEALTH COALITION FOR 7 TH ANNUAL MINORITY HEALTH CELEBRATION. - ADOPTED COM M UNICATIONS: 146. CANTON-STARK CNTY CRIME LAB: 2009 ANNUAL REPORT. - RECEIVED & FILED 147. COMMUNICATIONS DIRECTOR HERMAN: REQ TO AMEND CHAPTER 150 OF CODIFIED ORDINANCES TO ENABLE SYSTEMS PLANNING BOARD TO CREATE, MAINTAIN & ENFORCE CITY-W IDE DATA SECURITY POLICY. - JUDICIARY COMMITTEE 148. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /TRINITY GOSPEL TEMPLE TO PROVIDE A GRANT UTILIZING CDBG FUNDS IN AMT NOT TO EXCEED $25,000.00 FOR A FOOD VOUCHER PROG. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 149. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF D1 D2 D3 D3A LIQ PERMIT FROM STERN & MANN BAR AND GRILLE LLC DBA STERN & MANN BAR AND GRILLE @ 101 CLEVELAND AV NW SUITE 100 TO STERN & MANN BAR AND GRILLE LLC DBA BROW NSTONE @ 585 N MARKET ST. - RECEIVED & FILED 150. RKL PROPERTIES LLC, APPLICANT: REQ ZONE CHANGE @ 1750 IRA TURPIN W AY NE FROM I-1 (LIGHT INDUSTRIAL) TO PR-4 (PLANNED MULTI-FAMILY RESIDENTIAL) FOR INDEPENDENT HOUSING FOR EX- OFFENDERS (W ARD 4). - PLANNING COMMISSION 151. SAFETY DIRECTOR REAM: REQ APPROVAL OF DEMO OF VARIOUS PROPERTIES ON BEHALF OF CANTON BLDG DEPT. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 152. SERVICE DIRECTOR PRICE: REQ LEGISLATION TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR ONE 2011 HEAVY DUTY CREW TRUCK CHASIS IN AMT NOT TO EXCEED $38,000.00 & ONE 2011 HEAVY DUTY DUMP TRUCK NOT TO EXCEED $43,000.00 FOR W ATER DEPT; AUTHORIZE TO PURCHASE FOR W ATER DEPT TW O 2010 SVC VANS FROM STATE COOP PURCHASING PROG AS STATED IN ORC SEC 125.04. THE COST OF EACH VEHICLE IS $16,470.79 & VENDOR IS GERMAIN FORD; REQ $164,000.00 SUPP APPROP FROM UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207022 APPROP W ATER DISTRIBUTION FUND. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 153. SERVICE DIRECTOR PRICE: ADVISING THAT CITY W ILL NOT BE ENTERING INTO PLA FOR CLEVELAND AVE NW , RESURFACING PROJ, GP 1109, PID 86877. - RECEIVED & FILED 154. SERVICE DIRECTOR PRICE: REQ THE FOLLOW ING LEGISLATION FOR CLEVELAND AVE NW RESURFACING PROJ, GP 1109, PID 86877: ADVERTISE, REC BIDS; EXECUTE PROF SVCS CONTRACT FOR ENG SVCS; REC ARRA FUNDS; VARIOUS SUPP APPROPS ($102,345.00, $1,728,000.00; DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. RESOLUTION ACCEPTING THE COMMUNITY REINVESTMENT AREA HOUSING COUNCIL’S RECOMMENDATIONS REGARDING COMMUNITY REINVESTMENT AREAS; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 2 - MARCH 29, 2010 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 2. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /BOBCAT COMPANY IN AMT NOT TO EXCEED $32,991.00 FOR PURCHASE OF ONE SKID STEER LOADER MODEL 300 FOR COLLECTION SYSTEMS DEPT PURSUANT TO ORC SEC 125.04; EMERGENCY Referred to Public Property Capital Im provem ent & Finance Com m ittees 1 ST RDG 3. AUTHORIZE SERV DIR TO ENTER INTO AGMT W /ZAYO BANDW IDTH TO PERMIT CONSTRUCTION OF A “FIBER PLANT”; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 4. AMEND APPROP O#1/2010 TO APPROP ADDT’L MONEYS NEEDED FOR THE OPERATING EXPENSES OF THE CITY OF CANTON FOR THE REMAINDER OF FY 2010; EMERGENCY Referred to Finance & Public Property Capital Im provem ent Com m ittees ** (COUNCIL RECESSED @ 8:08 PM FOR FINANCE & PERSONNEL COMMITTEES TO DISCUSS THE ADOPTION OF O#5, O#6 AND O#7; RECONVENED @ 8:11 PM) 61/2010 5. AUTHORIZE SERV DIR TO ACCEPT A DONATION IN AMT OF $2,400.00 FROM THE CANTON PROFESSIONAL EDUCATORS’ ASSOC TO REIMBURSE CITY FOR PUBLIC EDUCATION/ADVERTISING EXPENSES ASSOCIATED W /THE MAYOR’S SCHOLARSHIP PROG; EMERGENCY Referred to Finance Com m ittee 62/2010 6. APPROVING A TW O-YR COLLECTIVE BARGAINING AGMT BETW EEN CITY & AFSCME LOCAL 2937/OHIO COUNCIL 8; EMERGENCY Referred to Finance & Personnel Com m ittees 63/2010 7. APPROVING A TW O-YR COLLECTIVE BARGAINING AGMT BETW EEN CITY & AFSCME LOCAL 3449/OHIO COUNCIL 8; EMERGENCY Referred to Finance & Personnel Com m ittees ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#8 - O#11; O#9 ADOPTED) 2 ND RDG 8. RESOLUTION CREATING THE ALLIANCE-CANTON STANDING COMMITTEE ON W ATER; EMERGENCY (E&PU) 64/2010 9. 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) (C&ED) 2 ND RDG 10. APPROVING & ACCEPTING REPLATTING OF PART OF LOT 6360; EMERGENCY (1203, 1211 & 1217 13 TH ST SE - EASTSIDE HOMES LTD.) (PS&T) 2 ND RDG 11. APPROVING & ACCEPTING REPLATTING OF ALL OF LOTS 2842 & 2843 & PART OF LOT 2844; EMERGENCY (932 & 938 STRUBLE AVE NE - EASTSIDE HOMES LTD) (PS&T) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: RECONSIDERED & AM ENDED 59/2010 12. 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 65/2010 13. AUTHORIZE MAYOR TO SUBMIT AN AMENDED ACTION PLAN TO US DEPT OF HOUSING & URBAN DEV FOR NEIGHBORHOOD STABILIZATION PROG; EMERGENCY 66/2010 14. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $1,105.00 TO AMERICAN TITLE ASSOC AGENCY, INC; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: W EDNESDAY, M ARCH 31, 2010 in Council Chamber at 5:30 P.M . 1) Finance Com m ittee to discuss the 2010 Budget M ONDAY, APRIL 5, 2010 in Council Chamber at 6:30 P.M . 1) Public Property Capital Im provem ent Com m ittee 2) Personnel Com m ittee 3) Com m unity & Econom ic Developm ent Com m ittee 4) Finance Com m ittee M ISCELLANEOUS BUSINESS: Law Director Martuccio re: Discussing the upcom ing First Friday. Thanking and wishing Adam Herm an well. Thanking the negotiating staff, union leaders and Adm inistration for working together on the union contracts; Mem ber Cirelli re: Discussed Jennifer Lewis’ problem s in her neighborhood. Asked the Mayor or Safety Director if the police were told they would not have to take Furloughs if they brought in a certain am ount of m oney and stating that she wants to m ake sure the police are responding to neighborhood com plaints rather then out writing speeding tickets; Safety Director Ream re: Assuring Mem ber Cirelli that he and the Chief do not condone the behavior going on at 13 th and Plain NE and that there is no ticket quotas in the Canton Police Departm ent; Mem ber Cirelli, Safety Director Ream and Mem ber W est all discussing the curfew law; Mem ber W est re: Discussed the problem s at 13 th and Plain NE, thanked Jennifer Lewis for com ing down and thanked Adam Herm an for all he has done for the City of Canton. Questioned Safety Director Ream about 619 Cherry Ave NE, stating that he has called it in several tim es in the last few years; Safety Director Ream re: Advising that CANTON CITY COUNCIL AGENDA - PAGE 3 - MARCH 29, 2010 he is unaware of issues with 619 Cherry Ave but would look into it; Mem ber Butterworth re: Announcing that the J Babe Stearn Center will be honoring Auditor Mallonn this Saturday; Mem ber Hawk re: Announcing a Special Council Meeting, W ednesday, March 31, 2010 which will be the final opportunity to pass the budget; Mem ber Hawk and Mem ber Butterworth discussed the problem s with the 2010 budget and the reasoning behind the Special Council Meeting; Mayor Healy re: Thanking Council for voting for the Union contracts and thanking the negotiating team and union leaders. Recognizing Adam Herm an’s accom plishm ents for the City and thanking him for a job well done; Law Director Martuccio re: Discussing the am endm ents for the 2010 Budget. ADJOURNM ENT: 8:48 P.M. A SPECIAL COUNCIL M EETING TO DISCUSS 2010 BUDGET W ILL BE HELD ON W EDNESDAY, M ARCH 31, 2010 @ 5:30 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, APRIL 5, 2010 @ 7:30 PM

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