City Council

COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -407- MINUTES OF THE MEETING JUNE 21, 2010 PRESIDENT SCHULMAN: Before we begin our meeting tonight, we’re thrilled to honor the 2010 Ohio Cinderella Miss and I’m going to let Mayor Healy recognize Alassandra Gesiotto. Mayor. MAYOR HEALY: I’m going to ask Alassandra, could you please come forward? PRESIDENT SCHULMAN: Mom, mom you can actually come up. Come on up. MAYOR HEALY: I’ll just read this. PRESIDENT SCHULMAN: Sure Mayor, thank you. MAYOR HEALY: We are doing a Proclamation today recognizing Alassandra Gesiotto. Gesiotto, I knew I’d mess that up. Gesiotto. Here we go. Whereas, Alassandra Gesiotto was crowned 2010 Ohio Cinderella Miss, and Whereas, Alassandra now has the opportunity to compete in the Cinderella International Scholarship Pageant against young ladies from all across the nation as well as some foreign nations, and Whereas, Alassandra through hardwork and dedication has surpassed many young ladies in the Cinderella Miss Pageant, and Whereas, Alassandra has shown a drive to excel in the Cinderella Miss Pageant that will help her in winning a $6,000 scholarship, and Therefore, be it resolved that I, William J. Healy II, by virtue of the authority vested in me as Mayor of the great City of Canton, Ohio, do hereby recognize Alassandra Gesiotto on this 7th day of June, and hope that all members of the community will join me in congratulations. PRESIDENT SCHULMAN: Congratulations Alesandra and congratulations Mom and Dad. I know, is Dad in the audience. Congratulations sister. You know it was Father’s Day yesterday, we should get a little credit. Thank you very much. Congratulations again. I think that’s going to be the highlight of this meeting. 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: 11 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, TERRY PRATER, MARY CIRELLI, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, PATRICK BARTON, MARK BUTTERWORTH & BRIAN HORNER) ELEVEN COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: Eleven present, one absent Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Member, Leader Dougherty I’ll recognize a motion to excuse Member Cole from this evening’s meeting. MEMBER DOUGHERTY: Yes, Mr. President. I move we excuse Member Cole from tonight’s meeting. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Member Cole from this evening’s meetings. Any remarks? Hearing none Madame Clerk, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -408- MINUTES OF THE MEETING JUNE 21, 2010 NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight’s invocation is going to be given by 9th Ward Council Member, Brian Horner. If you’ll all please remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on June 21, 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: Thank you Member Horner. We’re now under Agenda Corrections and Changes. Members of Council you’re going to be asked to suspend Rule 22A to add the 2nd Reading of Ordinances 9 through 17. Leader. MEMBER DOUGHERTY: Mr. President, I move to suspend Rule 22A, add 2nd Reading Ordinances 9 through 17 please. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add the 2nd reading Ordinances 9 through 17. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries. Rule 22A is suspended. The Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We are under Public Hearings. We have no Public Hearings this evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks. We have by my count nine speakers. I’m going to remind the speakers who have spoken before and those who haven’t, City Council has a rule restricting your Public Speaks to three minutes. We have an incredibly challenging agenda tonight so I’m going to really, if you don’t mind, concentrate on that time. I don’t mean to cut you off. I certainly don’t mean to be disrespectful but we’re all here after the meeting if you have anything further you wish to say, any questions to the administration or Members of Council. We will be here to answer those questions. Our first speaker is Charles Killing. Mr. Killing. Killins, yes I’m sorry. Mr. Killins, good evening. CHARLES KILLINS: Mr. Allen. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -409- MINUTES OF THE MEETING JUNE 21, 2010 PRESIDENT SCHULMAN: How are you sir. CHARLES KILLINS: Can you hear me? PRESIDENT SCHULMAN: We can sir. CHARLES KILLINS: It’s hard for me to hear out here. I was wondering if you could turn up the mic. PRESIDENT SCHULMAN: Well we can hear you pretty good, Mr. Killins. CHARLES KILLINS: Maybe the audience don’t, I don’t hear you too good in the audience, what you say. PRESIDENT SCHULMAN: OK, we’ll turn it up. CHARLES KILLINS: My name is Charles Killins. I live at 1223 Market Avenue North, Canton. My telephone is 330.... PRESIDENT SCHULMAN: You don’t have to give us your number, that’s alright. CHARLES KILLINS: You don’t have to. PRESIDENT SCHULMAN: No. CHARLES KILLINS: You don’t have to? But I have here a copy of a letter from the Health Department and there’s something wrong over there. When I say something wrong, if you go up Market just to 12th Street in Court Avenue then you go up to Market to up there just before you get to the expressway and you come back down toward Cherry at 12th and Cherry and over there on 12th Street and Schwalm Avenue. This city Building Department says their doing there job, then something’s wrong. And to top it off right beside the Health Department there’s a building in disarray and needs to be rightened but yet and still, they haven’t done anything about it. Here’s a copy of the letter that was sent to me, wrong address, wrong everything and it cost you $270.00. I think that the city, you can take 5 minutes, the Mayor can take 5 minutes to walk up here to, or 30 minutes to take up there and walk up there and look at Court Avenue and these places I just mentioned. You find that the Building Department is not doing their job. PRESIDENT SCHULMAN: Will you be around after the meeting sir? CHARLES KILLINS: I can’t hear you. PRESIDENT SCHULMAN: Will you be available after the meeting? CHARLES KILLINS: Yes, I will. PRESIDENT SCHULMAN: OK, if you’ll stick around, I’m sure someone from the administration will talk to you about your problem. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -410- MINUTES OF THE MEETING JUNE 21, 2010 CHARLES KILLINS: OK thank you. PRESIDENT SCHULMAN: OK, thank you very much sir. Thank you, good job. Our next speaker is Pastor Walter Moss. Pastor, good evening. WALTER MOSS: Good evening. Good evening, Council. Pastor Walt Moss. 1601 Harvard Avenue NW. Talking with people in the community, I was asked to ask the Council to let the people vote on the Charter amendment that’s been talked about. Secondly, crime. Crime is down and I really believe that it’s down because all facets of the community have been working together and I want to encourage all the community folk to continue to do what you do. You’ve all done a great job. We’re thankful for the Police and everyone involved. When we had a CIRV court hearing on April 23rd, since that time we have not had a violent or shooting amongst gang members and therefore we won’t have another CIRV court hearing until there’s a shooting involved a gang and so I’m thankful for the project and the program and again thank the Council, the Mayor and the community for supporting that and also the former detective Bruce Allison who heads that. Thirdly, the real reason why I’m here tonight. I’m thankful for this Council. I was very much disturbed by the article in The Repository about the group from Wisconsin who has to come all the way to Stark County to tell organizations that prayer is unconstitutional. I was really, really upset and when I was here at Council a couple of months ago to share, I was so blessed the fact that you do have a invocation. I was thinking about Dr. Martin Luther King when they were crossing the bridges in Salem holding hands with Jews and everyone else, the prayers then never bothered anybody and so my heart is that Council do not back down from the invocation. You know I’m thankful very much for my Jewish brethren and I’m thankful Protestant brethren and everybody else, but thanks something that is dear to my heart as a clergyman of this community so please don’t back down. As I finish I want to read a quote from my President. Former the 24th, 22nd and 24th President, Grover Cleveland, “Above all I know there is a supreme being who rules the affairs of men and who’s goodness and mercy have always followed the American people and I know he will not turn from us now if we humbly and reverently seek his powerful aid” from his second Inaugural address. I’ve had opportunity to go to Washington D.C. to the Capital Rotunda and every picture inside of that rotunda, has a spiritual meaning behind it and so I really want to admonish this Council, Council President, the Mayor, everyone involved in Canton, Ohio, Stark County, don’t back down. Prayer is constitutional in all these public meetings. Thank you. (APPLAUSE) PRESIDENT SCHULMAN: Thank you, Pastor. Our next speaker is Kathryn Ramsey. Miss Ramsey, good evening. If you’ll step forward ma’am and give us your name and your residential address please and welcome. KATHRYN RAMSEY: Hi, my name is Kathryn Ramsey and I live at 2322 16th Street NE. And I wrote down what I had to say because I know three minutes goes really fast and I feel like what I have to say is important. PRESIDENT SCHULMAN: It does. Okay. KATHRYN RAMSEY: This is not my first visit to City Council but I really feel like I’m wasting my time. I have made endless phone calls. I’ve called the Safety Department, the Mayor’s office, the Police Department and I am getting no response. I really am wasting my time. I live by a thief and a sex offender. The six COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -411- MINUTES OF THE MEETING JUNE 21, 2010 vacant houses which I have watched for years to no avail are still being vandalized. I have a recording from Mr. Dougherty stating that they did go out and make sure that those houses were secure. Not so Dave. They are wide open. In fact, in the last week they have gone into the house next door to me and open the basement windows so they could get some fresh air. With all my attempts to watch these houses, they have broken into my neighbor’s house, stole the copper pipes, tried to steal the air conditioner, went all through the house. These people are so upset because I have taken responsibility to watch that house. Almost three years ago, I was told that 2330 was on the demo list. It is still standing. 2337 was a really nice house but it was left wide open and now it’s just been devastated. It is now on the demo list. 2331 was in the process of being broken into about a month ago. I called the Police. They caught the man inside the house and he is now back out on the streets. He got community service and I still see him carrying scrap down the alley to the scrap yard where he doesn’t have a driver’s license to be identified to sell the scrap. How can this be? My neighbor said she called all the authorities and every one else. Her statement on my recorder says, “All these people and no one call help you.” She’s had to put bars on the house to keep this person from breaking back in. She is now in the process of calling Mr. Ream to see if he can be of assistance. If nothing else could we please have some Police presence on our street, especially in the late evening hours. I feel this is when the majority of the break ins are happening. The family who owns the house directly across from me called to let me know that their house was broken into and if they catch anyone there, they will shoot. These are my sentiments exactly. Thank you. PRESIDENT SCHULMAN: Thank you. (APPLAUSE) Thank you Miss Ramsey. Our next speaker is David Poole. Mr. Poole, good evening. If you’ll step forward, give us your name and your residential address please sir. DAVID POOLE: Ok, my name is David Poole. I’ve lived in Canton, Ohio my entire life with the exception of 4 years that I served in the United States Marine Corp. For over 30 years my family and I have resided at 1411 41st Street NW in Ward 8. The past 10 years my health has declined significantly. I’ve had Lyme disease, a heart attack, diagnosis of aggressive multiple sclerosis, the removal of half of a lung due to lung cancer. These have severely curtailed my mobility. A service dog for mobility assistance and the use of a cane allow me to forestall the use of a wheelchair. My problem is on Friday, May 18th, a friend, my service dog and I attended the Blues Fest downtown. We had been sitting there listening to the music enjoying ourselves for approximately three hours. I left the concert area to use the rest room. Upon return, my dog and I were stopped by a Police officer and I was told dogs were not permitted in the concert area. I attempted to explain to the officer that I am disabled and the dog assists me in ambulating. After a futile attempt to convince the officer that I was entirely within my rights under the American’s With Disabilities Act of 1990, the Lieutenant said if I did not leave the area immediately, I would be taken to jail and my service dog would be impounded. I am seeking some assurance that this will not happen again to myself. This is the second year in a row that I have had trouble at the Blues concert. I’m not concerned as much about myself as much as other disabled citizens and visitors that come to our fair city. I mean, we’re better than this. If there are any questions about service animals or about American’s With Disability requirements, please contact the U.S. Department of Justice at 800-514-0301. Thank you ladies and gentlemen. PRESIDENT SCHULMAN: Thank you sir. (APPLAUSE) Mr. Poole, I hope you can hear me. Law Director Martuccio in Miscellaneous Business which unfortunately for you tonight comes late, will be able to address perhaps some of your concerns. So if you can stick around, please feel free, you’re more than welcome. If COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -412- MINUTES OF THE MEETING JUNE 21, 2010 not, the Law Department will contact you, alright sir. DAVID POOLE: Thank you. PRESIDENT SCHULMAN: Thank you sir. You’re very welcome. Our next speaker is Minnie Evans. Miss Evans, good evening. And Miss Evans you know I think the world of you but we’re three minutes tonight. MINNIE EVANS: I know, I know, I know. I’ma do my best. PRESIDENT SCHULMAN: Well, yes you will. (LAUGHTER) Please. MINNIE EVANS: OK, my name is Minnie Evans. I live at 1461 9th Street NE. My problem is that you were talking last time I was here about the fact that the stuff that I was talking about was brought to your attention. But what was brought to my attention is the fact that you are actually turning my neighborhood into a rental property. Don’t get me wrong, it is everywhere but I have no problem with people renting places. I’ve rented places myself but I’m stuck with the HUD houses that you’re bringing into my neighborhood. I’m stuck with the ABCD houses that you’re bringing into my neighborhood. I’m also stuck with Enterprises and all the other mess that you all bringing into my neighborhood. I didn’t ask for them and I got to deal with Bubba with the doggone van in the front yard with the beer cans everywhere and him hollering at his kids all hours of the day and night. I got to deal with Pukey Man with them with their weed and they crack all in the doggone...and then I got to deal with the Bay-Bay kids and the Rugrats fighting between each other. All hours of the day. Three to four hours a day and night. All the time. There’s a house over there that the Police have been sent to them ten times since April. Does anybody do anything about it? “You all need to go home now.” What the point is that? You ain’t doing nothing so they come right back 20 minutes later and then they doing the same thing. They fight. They hollering at me. “You act like you own the neighborhood.” I been here over 40 years. I think I own something. So, you know why should I have to go through this? I can’t shoot them but they done shot at my house more than once. I can’t cut them but they done tried to cut up my tires. I can’t do nothing. I can’t throw nothing at them but they done throwed their basketball up against my car all hours of the day but I can’t do nothing. Why is that? And ya’ll don’t do nothing, OK I understand. I know, I know, I know. There’s more than just you here. But I mean nobody does anything to these people. I mean we got gangs. I mean the man was talking about it a few minutes ago, about the gangs and all this other stuff and woman was too. We got, they come in there by the drove. They come in there and they stand there and they fight, they argue, they holler at each other, they burn stuff behind my house and everybody else’s house that you smell all kinda stuff, that you coughing for two, three days. Nobody does nothing. And then ya’ll get mad at me cause I come up here and try to go over my three minutes. But I understand. (LAUGHTER) You want me to keep going. I can keep going now cause there’s a lot....Betty... they got a place, a house right across the street from Betty’s house. They had a handicap thing there because they kept parking in front of her house and the more we went, the more I went down there, the more she told them to move, they wouldn’t move. They wanted to argue. “We having a party. This is my company. Blah, blah, blah, blah”. But they live on this side, she live on that side. Why the cars over here? PRESIDENT SCHULMAN: OK. MINNIE EVANS: But they had a handicap thing over there and when they had that handicap thing over COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -413- MINUTES OF THE MEETING JUNE 21, 2010 there, they tore it down. And when they tore it down, nobody came back and put it back. PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Our next speaker is Patricia Kirk, please. Good evening. If you’ll give us your name and your residential address please. PATRICIA KIRK: Patricia Kirk. 131 5th Street NE and I am going to be short. I am here tonight to speak about the Tree Commission Academy that was held by the Division of Forestry, the Ohio Department of Natural Resources, and Alliance in May. Mr. Martuccio attended that class also and he must have been impressed because you stayed the whole time and I understand you weren’t originally intending to stay. But it’s very, very important. If you remember, if some of you came to a Shake-a-Leaf seminar at one time, Bill Hahn, the Urban Forester of Akron on the engineering team for 30 years. He was extremely impressed and could give nothing but very high marks to this. Professional ISA arborists go there to learn and to get credits. There were people there that had been on Tree Commissions for 40 years and less. Canton was the only one without one but there is hope for the future. You do not know how important this is but you will. In most cities, the Tree Commission Academy and this is it’s first year and also the last part of this year, it is a requirement. You must get this degree to serve on the Tree Commission Academy. One thing I learned, there are three decisions about trees. The emotional, the political and the scientific with proof. Guess which one is correct. And Mayor Healy, I must speak with you after Council this evening. Thank you. PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Our next speaker, I apologize, I’m just having trouble reading the first name. Is it Brandy? BRADY BULGER: Brady. PRESIDENT SCHULMAN: Brady, I’m sorry. Brady Bulger. Sorry. BRADY BULGER: You were close Councilman. PRESIDENT SCHULMAN: Well I apologize. BRADY BULGER: It’s Brady Bulger. I live and reside at 2111 Market Avenue in beautiful Canton, Ohio. I am very proud to be here tonight before the Council and the Mayor. I mean thank you for allowing us to freely speak on behalf of this beautiful city. I am a business leader and I’ve been here for the last 30 years of my life and actually Pastor Moss called me a few days ago about this agenda, about taking prayer away and conducting in this type of environment and I wanted to thank each individual person here tonight. The display of your public prayers and invocation as Pastor Moss says, there are people that are looking at each one of your lives for hope in this community and I have worked with this administration and I’m here to tell you as a person, it is from the faith community in trying to build unity that we desperately needed to see the display from each one of you individuals. Now if it offends somebody from out of town, I suggest they go back to their cities folks and clean their own house. But in this city I support this Mayor and this administration and the Economic Director and the many different things we’ve done with the faith community to Feed the Needy and see potential for their jobs here. We do not need to be taken away from the opportunities, what we’re seeing right now. And it may look small from prayer but it’s sometimes the only hope that the children are seeing the fathers and mothers displaying openly and proudly what they believed in. You know today I saw, we opened the Pledge of Allegiance. If I’m not mistaken, One Nation under God, now who’s the hypocrite here because we have no problem talking about that, but yet when it COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -414- MINUTES OF THE MEETING JUNE 21, 2010 comes to praying about the Lord, we’re established over 200 years ago, blood, sweat and tears from our forefathers and if they were here today, George Washington, Abraham Lincoln, they would be appalled we’re even talking about it. So I thank you today for your display and I suggest everybody in this community get together and rally for unity to tell these people we will stand for what our faith will stand for in this community. Thank you very much. PRESIDENT SCHULMAN: Thank you sir. (APPLAUSE) Our next speaker is Catherine Bules. Miss Bules, good evening. How are you tonight? If you’ll give us, step forward and give us your name and residential address and we obviously remember the last time you were here so....welcome. CATHERINE BULES: Thank you. My name is Catherine Bules and my address is 2216 Cleveland Avenue NW. I actually came to speak on behalf of Peace Day but I think that we’re moving that to the 12th, is that correct? So, but first I just wanted to thank every Member of the Council for letting us speak here, I think it was last month actually. And I wanted to address, sorry wrong page. OK, there was an article in The Repository written by Charita Goshey and it was in regards to the fact that Peace Day was just a one day event and she would like to see those efforts carry on and I’d just like to echo that as well. And I wrote something I said. “While it was a one day event, it was just a celebration of true friendships that have been formed despite the stereotypical boxes we’ve been instructed to stay in. These relationships have started and will continue to blossom as the hard working peace makers in this city pull together their efforts in a united strive towards reconciliation.” So I wanted to thank every Member here and every Member of the Council for being those hard working peace makers that strive toward reconciliation. Thank you and I’ll see you on the 12th. PRESIDENT SCHULMAN: Thank you. (APPLAUSE) Our last speaker is Bob Murray. Mr. Murray if you’ll come forward and give us your name and your residential address please and welcome to City Council. BOB MURRAY: Thank you. Bob Murray. 590 Watchem Road Downbrook, New Jersey. I came here tonight to speak to the Mayor and Council about the Medline facility. Medline is a great company. I was contracted to build the facility for them here in Canton and there’s been some misinformation about us not using local participation. Presently we have 87% of our sub-contractors and suppliers are local to the State of Ohio and approximately 81% are local here to the Canton area. Several contractors are from out of state, our national suppliers and of those contractors, a good portion of them will be using local labor. In fact some of the contractors, we have a contractor from Columbus, Ohio that came in and he just hired three local, put one man to work immediately and hired two more today from the local economy, so I just want that information to the Council. We do everything we can within reason to try and use local participation and obviously in this economy things are cost driven and in some cases we couldn’t but we try to wait towards a local firms and local contractors and there’s a group of contractors that are with me tonight that are local from the area. Could you guys stand up? (APPLAUSE) And in the future anything we can do, if you have any information, please contact me. Feel free to contact me and as we complete the buy-out of this project, we are trying to use local participants. PRESIDENT SCHULMAN: Thank you sir, very much, appreciate it. Thank you. (APPLAUSE) INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: OK that concludes our Public Speaks. We’re now under Informal Resolutions. Madame Clerk would you please read Resolution #40 by title. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -415- MINUTES OF THE MEETING JUNE 21, 2010 #40. COUNCIL-AS-A-WHOLE: COMMENDING PEACE DAY, JOY FEST & COMMUNITY OUTREACH OF LOVE FOR THEIR UNCOMPROMISING COMMITMENT TO UPLIFTING THE CANTON COMMUNITY THRU THEIR ACTS OF KINDNESS. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President. I move we adopt Resolution 40. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution #40. Are there any remarks? MEMBER WEST: Yes Mr. President. PRESIDENT SCHULMAN: Yes Member West. MEMBER WEST: We will be postponing, or we will be passing it tonight but because of the Alive event, we could not have the C.O.O.L. group here and I wanted all three of them to be here at the same time, so I’d like to have our Clerk read it tonight so we could pass it and then next week we’ll give them the certificates. Thank you. PRESIDENT SCHULMAN: Madame Clerk. CLERK TIMBERLAKE: Whereas, Peace Day, Community Outreach of Love, and Joy Fest, led by Faith based organizations, has initiated the fruits of the spirit by displaying Peace, Love and Joy during the Memorial Day week of 2010 and because Canton City Council has a great history of honoring those who display selfless acts of kindness towards their fellowman, and; Whereas, Love Canton and Kingdom House establish a peace day in Nimisilla Park with the purpose to draw attention to the problem of violence in Canton and to inspire Christian peacemakers to pray and love both sides of the problem (both the victims of violence and the ones who are caught up and trapped in the cycles of violence) and to draw together local churches and local diverse people to celebrate our success in the crime reduction and ignite a movement of peace throughout our entire city and transform hearts, and; Whereas, Joy Foundation celebrated its 8th anniversary of providing Joy Fest 2010 in downtown Canton, with the purpose of providing Joy for our children and families during hard economic times. Joy Fest was able to acquire sponsors to provide free carnival rides during Memorial Day weekend. In addition they were able to spread Joy of Life through song, prayer and food, and; Whereas, Mission Bridge Ministries initiated its 2nd Annual C.O.O.L Community Outreach of Love Festival in the Summit neighborhood with the purpose of spreading God’s love through action, by assisting neighbors by planting flowers, landscaping, repairing homes, power washing, tree trimming, painted and cleaning up while enjoying each other through fellowship and C.O.O.L. produced over 1100 volunteers with over 35 churches to work, fellowship and play together as they prayer together, and; Whereas, these three acts of kindness has initiated the fruits of the spirit for all of Canton to see that we are “one humanity on this planet; and all life is interconnected and interdependent; and we all share in the universal bond of love; and love, peace and joy begins with self acceptance and forgiveness; and with respect and compassion we embrace diversity; and together we make a difference through the fruits of the spirit; Love, Peace and Joy, and; COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -416- MINUTES OF THE MEETING JUNE 21, 2010 Whereas, Canton City Council invites all Cantonians and surrounding communities to join with these three organizations to spread exercising the fruits of the spirit and may it act as a model for all of us to follow, each and every day. Now Therefore be it Resolved that we the Members of Canton City Council, hereby go on public record commending Peace Day, Joy Fest, and Community Outreach Of Love for their uncompromising commitment to uplifting the Canton Community through their acts of kindness. PRESIDENT SCHULMAN: Thank you Madame Clerk. Any other remarks? Hearing none, by voice vote all in favor of the Resolution 40 signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #40 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. The Resolution is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: We’re 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 JUNE 21, 2010. 245. BUTTERWORTH, M., WARD 8 CNCLMBR: REQ LEGISLATION TO PUT FORTH THE QUESTION AS TO WHETHER OR NOT TO FORM A CHARTER GOV’T ON BALLOT. - JUDICIARY COMMITTEE 246. DEVELOPMENT DIRECTOR TORRES: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP & AUTHORIZE DISPOSITION OF SAID PROP (LENA BENNETT - LOT #8837 - PARCEL 02-04459 ON LOUISIANA AVE NW). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 247. DEVELOPMENT DIRECTOR TORRES: REQ LEGISLATION REPLACING O#91/2010 & AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W/ECIVIS, INC FOR MASTER LICENSE & SERV AGMT IN AMT NOT TO EXCEED $19,132.00 RETRO FROM 3/1/10 - 2/28/11. - COMMUNITY & ECONOMIC DEVELOPMENT & FINANCE COMMITTEES 248. DEVELOPMENT DIRECTOR TORRES: REQ SUPP APPROPS TO EXPEDITE SALARY & BENEFIT PAYMENTS FOR YOUTH WORKERS & STAFF INVOLVED W/THE 2010 SUMMER YOUTH PROGS ($113,409.12 AND $31,810.29). - FINANCE & COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES 249. DEVELOPMENT DIRECTOR TORRES: ESTABLISH FAIR REUSE VALUE OF A PARCEL OF REAL PROP & AUTHORIZE DISPOSITION OF SAID PROP (CHRISTINA LONG - LOT PT 4476/ PT 4477 PARCEL 02-40455 ON 5TH STREET NW). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -417- MINUTES OF THE MEETING JUNE 21, 2010 250. DEVELOPMENT DIRECTOR TORRES: MAYOR &/OR SERV DIR TO RE-AUTHORIZE TO ENTER INTO CONTRACT W/STARK CNTY BD OF COMMISSIONERS & ENTER INTO CONTRACT FOR PARCELS OF VISRE STREET IMAGERY IN AMT NOT TO EXCEED $39,770.00 (O#98/2009) W/MODIFICATIONS NEW VENDOR IS I LOOK ABOUT & AMT WILL INCREASE BY $233.00 TO $40,000.00 (DUE TO THE FACT THAT THE CONTRACT WAS NOT COMPLETED). - COMMUNITY & ECONOMIC DEVELOPMENT & FINANCE COMMITTEES 251. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR TO ENTER INTO AN ENTERPRISE AGMT W/OLD DOMINION FREIGHT LINE INC FOR CONSTRUCTION OF NEW FACILITY TO BE LOCATED AT MILLS IND PK; AUTHORIZE & DIRECT AUDITOR TO ANNUALLY PAY CANTON LOCAL BD OF ED AMTS AS ARE AGREED UPON BETWEEN CITY AND CANTON LOCAL BD OF ED &/OR AS ARE REQUIRED TO BE PAID PURSUANT TO SEC 5709.82 (C) & (D) OF REV CODE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 252. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR &/OR SERV DIR ON BEHALF OF CITY TO ENTER INTO FUNDING AGMT W/ABCD INC UTILIZING NSP FUNDS IN AMT OF $55,000.00 TO ADMINISTER & IMPLEMENT CITY’S NSP COUNSELING & HOMEOWNERSHIP PROG TO BENEFIT LOW, MODERATE & MIDDLE INCOME FAMILIES THRU 12/31/12. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 253. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR &/OR SERV DIR ON BEHALF OF CITY TO ENTER INTO FUNDING AGMT W/MDS & ZEPHYR PROJ INC UTILIZING NSP FUNDS IN AMT OF $343,484.00 FOR APPROX 4 TO 5 HOUSES TO BENEFIT LOW, MODERATE & MIDDLE INCOME FAMILIES THRU 9/30/12. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 254. DEVELOPMENT DIRECTOR TORRES: AMEND O#97/2010 TO AUTHORIZE MAYOR &/OR SERV DIR ON BEHALF OF CITY TO ENTER INTO CONTRACT W/HABITAT FOR HUMANITY OF GREATER STARK & CARROLL COUNTIES TO PROVIDE AN ADDT’L GRANT OF $161,112.00 FOR TOTAL AMT OF $483,332.00 FOR APPROX 6 HOUSES UTILIZING NSP FUNDS THRU 9/30/12. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 255. HAWK, G., FINANCE CHAIR: REQ A MTG TO REVIEW THE 1ST HALF OF THE 2010 BUDGET TO BE HELD ONE HOUR PRIOR TO USUALLY SCHEDULED COMMITTEE MTG ON MONDAY, JULY 26, 2010. - RECEIVED & FILED 256. HEALTH BENEFITS ADMIN, MCBRIDE: MAY 2010 MONTHLY COMPARATIVE RPT - INS CLAIMS. - RECEIVED & FILED 257. LIQUOR CONTROL DIVISION (OHIO): REQ C1 C2 LIQ PERMIT STOCK TRANSFER FOR D & S OF CANTON INC DBA A MART EXPRESS @ 2557 CLEVELAND AVE NW. - RECEIVED & FILED 258. MAYOR HEALY: REQ AUTHORIZATION OF APPT OF KENNETH SANDER TO BOARD OF BUILDING APPEALS COMMENCING UPON COUNCIL’S APPROVAL. - PERSONNEL COMMITTEE COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -418- MINUTES OF THE MEETING JUNE 21, 2010 259. PLANNING COMMISSION: RECOMMENDS APPROVAL OF PROPOSED ZONE CHANGE FOR 3145 W. TUSC ST FROM B-3 (GENERAL BUSINESS) TO PB-4 (SPECIAL BUSINESS) REQUESTED BY ORSO ENTERPRISES, MIKE PASTORE & ANN O’TOOL TO ALLOW FOR A DETAILING OPERATION FOR MOTORCYCLES, AN INTERNET CAFÉ, RETAIL STORE & COFFEE SHOP. - JUDICIARY COMMITTEE 260. SAFETY DIRECTOR REAM: REQ AMENDMENT TO O#102/2010 DUE TO COST REDUCTIONS TO ALTER THE LANGUAGE TO READ “TO PURCHASE NO LESS THAN 2000 TEN-YR LITHIUM SMOKE DETECTORS & 1000 FIRE EXTINGUISHERS “. - JUDICIARY COMMITTEE 261. SAFETY DIRECTOR REAM: REQ APPROVAL TO ACCEPT FUNDS FROM 2010 LOCAL SOLICITATION BYRNE GRANT IN AMT OF $64,946.00 ON BEHALF OF CPD; REQ CREATION OF FUND 2785 NAMED 2010 LOCAL SOLICITATION BYRNE GRANT & AUTHORIZE SAF DIR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING W/STARK CTY COMMISSIONS REGARDING DISTRIBUTION OF GRANT FUNDS. - FINANCE COMMITTEE 262. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR &/OR SERV DIR TO APPLY FOR, ENTER INTO AGMT FOR & RECEIVE OHIO PUBLIC WORKS COMM FUNDS FOR 2011 PROG YR FOR VARIOUS CITY PROJECTS. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 263. SERVICE DIRECTOR PRICE: REQ ADOPTION OF ALTERNATIVE TAX BUDGET OF CITY FOR FY ENDING 12/31/11 IN ACCORDANCE W/O.R.C. SECTION 5705. - FINANCE COMMITTEE 264. SERVICE DIRECTOR PRICE: IN ORDER TO COMPLY W/THE WATER RECLAMATION COMPLIANCE SCHEDULE TO MEET A PHOSPHORUS LIMIT REQ SERV DIR TO ENTER INTO SUPP AGMT W/STARK CNTY & THE CITY OF N. CANTON FOR THEIR SHARE OF PROJECT COSTS, ENTER INTO CONTRACT W/CT CONSULTANTS INC IN AMT NOT TO EXCEED $4,216,000.00 FOR VARIOUS ENG & CONSTRUCTION OVERSIGHT SVCS, TO FILE AN APP & ENTER INTO CONTRACT W/OEPA FOR A LOW-INTEREST DESIGN LOAN AT AN AMT NOT TO EXCEED $2,802,000, AUDITOR ESTABLISH THE 5442-206044 WRF PHOSPHORUS/TOTAL NITROGEN PROJ FUND FOR THIS PROJ AND A $4,216,000.00 SUPP APPROP INTO 5442-206044 WRF PHOSPHORUS/TOTAL NITROGEN PROJ FUND. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 265. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR &/OR SERV DIR TO ADV, REC BIDS, AWARD, & EXECUTE CONSTRUCTION CONTRACT FOR GUILFORD BRIDGE REPLACEMENT PROJ GP 1075; AUTHORIZE TO REC OPWC FUNDS IN AMT OF $386,380.00 FOR PROJ TO FUND COST OF CONST; AUTHORIZE $386,380.00 SUPP APPROP; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY PROPER DEPT AUTHORITY. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 266. SERVICE DIRECTOR PRICE: ADVISING THAT THE CITY WILL NOT BE ENTERING INTO A PLA FOR GUILFORD BRIDGE REPLACEMENT PROJ GP 1075. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -419- MINUTES OF THE MEETING JUNE 21, 2010 267. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR &/OR SERV DIR TO ADV, REC BIDS, AWARD & EXECUTE CONSTRUCTION CONTRACT FOR WAYNESBURG RD SE, SANITARY SEWER REHAB PROJ GP 1137; AUTHORIZE $150,000.00 APPROP TRANSFER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY PROPER DEPT AUTHORITY. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 268. SERVICE DIRECTOR PRICE: ADVISING THAT THE CITY WILL NOT BE ENTERING INTO A PLA FOR WAYNESBURG RD SE, SANITARY SEWER REHAB PROJ GP 1137. - RECEIVED & FILED 269. SERVICE DIRECTOR PRICE: REQ $30,000.00 SUPP APPROP FROM UNAPP BAL OF 4501 - CAPITAL IMPROVEMENT FUND TO 4501 401001 PARK ADMIN - OTHER TO PROPERLY FUND THE CAPITAL IMPROVEMENT FUND. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 270. SMUCKLER, B., C&ED CHAIR: REQ LEGISLATION FOR CITY TO PURCHASE THE BOOSTER PUMP W/THE PUMPING STATION FROM THE QUARRY GOLF CLUB & PLACING IT IN THE MILLS IND PARK. - FINANCE COMMITTEE 271. STARK COUNTY COMMISSIONERS: RECEIPT OF PERTINENT DOCUMENTS FOR THE DELONG ANNEXATION. - PLANNING COMMISSION 272. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS FILED AS OF 4/30/10. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for the First Reading. Let the journal show that all Ordinances are being given their Reading as required by State law and Madame Clerk if you would please read the First Reading Ordinances by title and I believe what we intend to do is go through all these Ordinances and then we will take a in house recess for the respective Committees to discuss the Ordinances. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #8 FOR THEIR FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE ARMY NAVY ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE FOR INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY. Referred to Annexation Committee #2. (1ST RDG) AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A NOTE BY THE CITY OF CANTON IN ANTICIPATION OF THE COLLECTION AND PAYMENT OF CITY COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -420- MINUTES OF THE MEETING JUNE 21, 2010 INCOME TAXES, GENERAL PROPERTY TAXES, AND MISCELLANEOUS OTHER SOURCES TO THE CITY OF CANTON; AND DECLARING THE NECESSITY OF THE ISSUANCE OF SAID NOTE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: I was so excited I had it right that I completely forgot what I was supposed to do. Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENTS WITH STARK METROPOLITAN HOUSING AUTHORITY (SMHA) TO PROVIDE THE SERVICES OF A SECTION 504 COORDINATOR AND CONDUCT NEEDS ASSESSMENTS FOR SMHA TENANTS WITHIN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE APPROVING CANCELLATION OF INDEBTEDNESS OWED BY THE NORTHEAST COMMUNITY CENTER, INC. (NECC) IN THE PRINCIPAL AMOUNT OF $25,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #5. (1ST RDG) ADOPTED AS ORDINANCE NO. 107/2010 AN ORDINANCE AMENDING THE CAPTION AND SECTION 2 OF ORDINANCE NO. 97/2010; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community and Economic Development Committee #6. (1ST RDG) ADOPTED AS ORDINANCE NO. 108/2010 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A FUNDING AGREEMENT WITH ABCD, INC UTILIZING NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS IN AN AMOUNT NOT TO EXCEED $55,000.00 TO ADMINISTER AND IMPLEMENT THE CITY OF CANTON’S NSP COUNSELING AND HOMEOWNERSHIP PROGRAM TO BENEFIT LOW, MODERATE AND MIDDLE INCOME FAMILIES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community and Economic Development Committee #7. (1ST RDG) ADOPTED AS ORDINANCE NO. 109/2010 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A FUNDING AGREEMENT WITH MDS AND ZEPHYR PROJECTS, INC. UTILIZING NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS IN AN AMOUNT NOT TO EXCEED $343,484.00 TO BENEFIT LOW, MODERATE AND MIDDLE INCOME FAMILIES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #8. (1ST RDG) ADOPTED AS ORDINANCE NO. 110/2010 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR THE PARKING LOT IMPROVEMENTS AT THE ARTHUR COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -421- MINUTES OF THE MEETING JUNE 21, 2010 J. CIRELLI UTILITY SERVICE CENTER IN AN AMOUNT NOT TO EXCEED $135,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance and Public Property Capital Improvement Committees PRESIDENT SCHULMAN: At this time the Chair would declare an in house recess for the Community & Economic Development Committee, the Finance and the Public Property Capital Improvement Committees to meet in regard to Ordinances 5, 6, 7 and 8. You are now in recess. (COUNCIL RECESSED AT 8:17 P.M. FOR THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ORDINANCE #5, #6 AND #7; RECONVENED AT 8:22 P.M.) (COUNCIL RECESSED AT 8:23 P.M. FOR THE FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES TO DISCUSS ORDINANCE #8; RECONVENED AT 8:24 P.M.) PRESIDENT SCHULMAN: Okay, Council will therefore reconvene after the recess. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to place Ordinances 5 through 8 back on the agenda. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinances 5, 6, 7 and 8 back on this evening’s agenda. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Ordinances 5, 6, 7 and 8 are a legal part of your agenda. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 5. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Statutory Rule on Ordinance 5. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 5. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -422- MINUTES OF THE MEETING JUNE 21, 2010 MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 5. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #5 ADOPTED AS ORDINANCE 107/2010 PRESIDENT SCHULMAN: Ordinance #5 has been adopted. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 6. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: There’s a motion to the suspend Statutory Rules on Ordinance 6. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: I move we adopt Ordinance 6. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #6. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #6 ADOPTED AS ORDINANCE 108/2010 PRESIDENT SCHULMAN: Ordinance #6 has been adopted. Ordinance #7 please. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 7. MEMBER PRATER: 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. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -423- MINUTES OF THE MEETING JUNE 21, 2010 NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT SCHULMAN: Ordinance 6 has been adopted. Leader. MEMBER DOUGHERTY: No that was 7. PRESIDENT SCHULMAN: Was that 7. Ordinance #7 has been adopted, I apologize. Leader. (Inaudible comment) Well that’s what I thought. Ordinance #6 has been adopted, now we’re under Ordinance 7 is that right? MEMBER DOUGHERTY: We got to adopt 7. I move we adopt Ordinance 7 please. PRESIDENT SCHULMAN: Got it, got it. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #7. Are there any remarks? Other than sending me to an institution. Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #7 ADOPTED AS ORDINANCE 109/2010 PRESIDENT SCHULMAN: Ordinance #7 is adopted. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 8. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on Ordinance #8. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. You’ve heard the three readings Leader. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 8. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #8. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -424- MINUTES OF THE MEETING JUNE 21, 2010 CLERK TIMBERLAKE: Ten yeas, Mr. President. #8 ADOPTED AS ORDINANCE 110/2010 PRESIDENT SCHULMAN: Ordinance #8 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances for their Second Reading. Madame Clerk would please read Ordinance 9 please. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #9 THROUGH #17 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS : #9. (2ND RDG) ADOPTED AS ORDINANCE NO. 111/2010 AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,800,000.00 FOR THE PURPOSE OF REFUNDING BOND ANTICIPATION NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PROVIDING FUNDS TO PAY A COURT-APPROVED SETTLEMENT OF A CLAIM AGAINST THE CITY. (SHAWN PILOZZI) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Statutory Rules on Ordinance 9. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule on Ordinance 9. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: I move we adopt Ordinance 9. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 9. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #9 ADOPTED AS ORDINANCE 111/2010 PRESIDENT SCHULMAN: Ordinance 9 is adopted. Ordinance 10 please. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -425- MINUTES OF THE MEETING JUNE 21, 2010 #10. (2ND RDG) ADOPTED AS ORDINANCE NO. 112/2010 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010, AS AMENDED; AND DECLARING THE SAME TO BE AN EMERGENCY ($8,500.00 FAIR HOUSING TRAVEL) MEMBER DOUGHERTY: Mr. President, I move we suspend Statutory Rules for 10. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on Ordinance 10. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. You’ve heard the three readings Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 10. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 10. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #10 ADOPTED AS ORDINANCE 112/2010 PRESIDENT SCHULMAN: Ordinance #10 is adopted. Ordinance #11 please. #11. (2ND RDG) ADOPTED AS ORDINANCE NO. 113/2010 AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02-28074 ON HAWK PL SE FOR TRINA FRAZIER) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rule for Ordinance 11. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 11. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -426- MINUTES OF THE MEETING JUNE 21, 2010 CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader, you’ve heard the three readings for Ordinance 11. MEMBER DOUGHERTY: I move we adopt Ordinance 11. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 11. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #11 ADOPTED AS ORDINANCE 113/2010 PRESIDENT SCHULMAN: Ordinance #11 is adopted. Ordinance #12 please. #12. (2ND RDG) ADOPTED AS ORDINANCE NO. 114/2010 AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02-24997 ON PATTERSON AVE SW FOR PHILLIP & ROBIN SHOWALTER) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Statutory Rules on Ordinance 12. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance 12. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President.. MEMBER DOUGHERTY: I move we adopt Ordinance 12. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #12. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -427- MINUTES OF THE MEETING JUNE 21, 2010 #12 ADOPTED AS ORDINANCE 114/2010 PRESIDENT SCHULMAN: Ordinance #12 is adopted. Ordinance 13 please. #13 (2ND RDG) ADOPTED AS ORDINANCE NO. 115/2010 AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE OHIO DEPARTMENT OF DEVELOPMENT (ODOD), EXECUTE A GRANT AGREEMENT WITH THE ODOD AND ACCEPT UP TO $250,000.00 IN 629 ROADWAY DEVELOPMENT FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Statutory Rules for Ordinance 13. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance 13. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President.. PRESIDENT SCHULMAN: Ordinance 13 is adopted. Ordinance 14 please. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 13. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #13. I’ll get this right eventually. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #13 ADOPTED AS ORDINANCE 115/2010 PRESIDENT SCHULMAN: Now Ordinance #13 is adopted. Ordinance 14 please. #14. (2ND RDG) ADOPTED AS ORDINANCE NO. 116/2010 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AND DECLARING THE SAME TO BE AN EMERGENCY ($72,175.00 WIC ADMINISTRATION - HEALTH DEPT) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Yes, I move we suspend the Statutory Rules for Ordinance 14. MEMBER PRATER: Seconded. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -428- MINUTES OF THE MEETING JUNE 21, 2010 PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance 14. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President.. PRESIDENT SCHULMAN: Leader, you’ve heard the three readings. MEMBER DOUGHERTY: I move we adopt Ordinance 14. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 14. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #14 ADOPTED AS ORDINANCE 116/2010 PRESIDENT SCHULMAN: Now Ordinance #14 is adopted. Ordinance 15 please. #15. (2ND RDG) ADOPTED AS ORDINANCE NO. 117/2010 AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $21,000.00 TO ESLICH WRECKING COMPANY; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules for Ordinance 15. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance 15. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President.. PRESIDENT SCHULMAN: Motion carries. You’ve heard the three readings Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 15. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 15. Any remarks? COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -429- MINUTES OF THE MEETING JUNE 21, 2010 MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Member Cirelli. MEMBER CIRELLI: Thank you. I’d just like to take the this time to thank Safety Director Ream because in Committee meetings he assured me he will do a follow up to see if it’s possible that we can collect potentially from the owner of this warehouse. They may have insurance or else they may have monies of their own to pay back for having it demolished and I want to compliment him on having it done as an emergency. Often times, we’ve all been reading in the paper what’s happened and they moved pretty quick to get this taken care of for the safety of the community. So I just wanted to thank you very much and thank Safety Director Ream for his committing to doing that. PRESIDENT SCHULMAN: Thank you Member Cirelli and thank you Director Ream. Any other remarks? I think we are under the motion and second to adopt Ordinance 15. I’m right. It’s a miracle. Any other remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #15 ADOPTED AS ORDINANCE 117/2010 PRESIDENT SCHULMAN: Ordinance 15 is adopted. Ordinance 16 please. #16. (2ND RDG) ADOPTED AS ORDINANCE NO. 118/2010 AN ORDINANCE APPROVING THE SOLID WASTE MANAGEMENT PLAN OF THE STARK-TUSCARAWAS- WAYNE JOINT SOLID WASTE MANAGEMENT DISTRICT; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Yes, I move we suspend the Statutory Rules for Ordinance 16. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance 16. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President.. PRESIDENT SCHULMAN: Motion carries. Leader you’ve heard the three readings. MEMBER DOUGHERTY: I move we adopt Ordinance 16. MEMBER PRATER: Seconded. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -430- MINUTES OF THE MEETING JUNE 21, 2010 PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 16. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #16 ADOPTED AS ORDINANCE 118/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk Ordinance 16 is adopted. Ordinance 17 please. #17. (2ND RDG) ADOPTED AS ORDINANCE NO. 119/2010 A RESOLUTION DESIGNATING PUBLIC MONEYS AVAILABLE FOR ACTIVE AND INTERIM DEPOSITS AND DESIGNATING DEPOSITORY BANKS FOR SAID DEPOSITS PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules for Ordinance 17. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance 17. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President.. PRESIDENT SCHULMAN: Motion carries. Leader you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 17. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #17. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #17 ADOPTED AS ORDINANCE 119/2010 PRESIDENT SCHULMAN: Ordinance #17 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Now we are under Ordinances and Formal Resolutions for their Third and final Reading and vote. Madame Clerk would you being with Ordinance 18 please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 120/2010 AN ORDINANCE AUTHORIZING THE COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -431- MINUTES OF THE MEETING JUNE 21, 2010 MAYOR TO ENTER INTO AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF REHABILITATION & CORRECTION FOR RECEIPT OF THE FY 2011 COMMUNITY CORRECTIONS ACT GRANT IN AN AMOUNT NOT TO EXCEED $170,601.00; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 18. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 18. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #18 ADOPTED AS ORDINANCE 120/2010 PRESIDENT SCHULMAN: Ordinance 18 is adopted. Ordinance #19 please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 121/2010 AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (ELSIE MCCARTHAN - PARCEL #02-02091 - LOT #28914 ON WAYNESBURG RD SE) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 19. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 19. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #19 ADOPTED AS ORDINANCE 121/2010 PRESIDENT SCHULMAN: Ordinance 19 is adopted. Ordinance 20 please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 122/2010 AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF OUT LOTS 1308 AND 1309 IN MILLS INDUSTRIAL PARK NO. 1 AND OUT LOT 1326 IN MILLS INDUSTRIAL PARK NO. 2; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -432- MINUTES OF THE MEETING JUNE 21, 2010 PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 20. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 20. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 1 NAYS (Member Cirelli voted Nay) CLERK TIMBERLAKE: Nine yeas, one nay Mr. President. #20 ADOPTED AS ORDINANCE 122/2010 PRESIDENT SCHULMAN: Ordinance 20 is adopted. Ordinance 21 please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 123/2010 AN ORDINANCE AMENDING ORDINANCE NOS. 97/2007 AND 63/2009; AND DECLARING THE SAME TO BE AN EMERGENCY (PROPOSAL FOR ARCHITECTURAL & ENG - NEW FIRE STATION #4) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 21. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 21. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #21 ADOPTED AS ORDINANCE 123/2010 PRESIDENT SCHULMAN: Ordinance 21 is adopted. Ordinance 22 please. #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 124/2010 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT IN AN AMOUNT NOT TO EXCEED $100,000.00 FOR THE PURCHASE OF AN INDUCTIVELY COUPLED PLASMA-OPTICAL EMISSION SPECTROMETER (ICP); AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Wow Mr. President, I make a motion we adopt Ordinance 22. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -433- MINUTES OF THE MEETING JUNE 21, 2010 MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22. Any remarks under this Ordinance? SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Yes Service Director. SERVICE DIRECTOR PRICE: I wanted to thank Council for considering the purchase of this Inductively Coupled Plasma-Optical Emission Spectrometer.... CLERK TIMBERLAKE: Don’t be jealous, Warren. (LAUGHTER) PRESIDENT SCHULMAN: Well I want to thank you for commenting on the Coupled Plasma-Optical Emissions Spectrometer. Leader Dougherty do you want to try to say that too? OK, no thanks. Any other remarks? Roll call vote please, Madame Clerk. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #22 ADOPTED AS ORDINANCE 124/2010 PRESIDENT SCHULMAN: Ordinance 22 is adopted. Ordinance 23 please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 125/2010 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A THREE-YEAR CONTRACT WITH U.S. HEALTHWORKS MEDICAL GROUP FOR PROFESSIONAL MEDICAL SERVICES FOR CITY OF CANTON JOB APPLICANTS AND EMPLOYEES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 23. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 23. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #23 ADOPTED AS ORDINANCE 125/2010 COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -434- MINUTES OF THE MEETING JUNE 21, 2010 PRESIDENT SCHULMAN: Ordinance 23 is adopted. Congratulations Members of Council. You want to make a comment about Member Hawk just for the record because he’s not here and there’s a reason for that. Member Smuckler, I’m sorry. MEMBER SMUCKLER: Mr. President, Member Hawk does not feel well and he had to leave the meeting tonight and it’s a situation where I’m hoping in the next few weeks it will be resolved at the doctor’s office. PRESIDENT SCHULMAN: OK, very good. I just want the record to reflect that’s the reason he was not voting. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re under Announcement of Committee Meetings. MEMBER PRATER: Mr. President. PRESIDENT SCHULMAN: Member Prater. MEMBER PRATER: I can’t do this like Member Hawk does but I will call Finance and Personnel for Monday, July 12th at 6:45. PRESIDENT SCHULMAN: Thank you. What was that date again? MEMBER PRATER: July 12th. PRESIDENT SCHULMAN: July 12th. CLERK TIMBERLAKE: Yes sir. PRESIDENT SCHULMAN: Any other announcements? CLERK TIMBERLAKE: Annexation. MEMBER BARTON: Mr. President. PRESIDENT SCHULMAN: Yes, Member Barton. MEMBER BARTON: I would like to call an Annexation Committee meeting, same time, same place. PRESIDENT SCHULMAN: Very good, any other Committee meetings? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any? MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Member Smith. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -435- MINUTES OF THE MEETING JUNE 21, 2010 MEMBER SMITH: Yes, I would just like to let everyone know that myself and Miss Brogdon went to see John Schwartz today and we thank God and pray that he is doing much better and is at Woodlawn Rehab and he’s doing really, really well. Thank you all for the prayers. PRESIDENT SCHULMAN: Well that’s wonderful. (APPLAUSE) We send our thoughts and prayers to John. Any other Miscellaneous Business? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: We believe the park has begun. Nimisilla Park. They’re starting to build the playground so it has begun. PRESIDENT SCHULMAN: Great. Well congratulations. That’s good news. (APPLAUSE) Any other Miscellaneous Business? SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Director, if you say that Spectrometer thing one more time, I’m going to have to cut you off. SERVICE DIRECTOR PRICE: No, no different subject. I just wanted to thank everybody, particularly our city employees and volunteers who helped prepared Thurman Munson Stadium for the softball tournament last week. The Recreation Department was involved, Nadine Sawaya. Doug Foltz with the Parks Department did an outstanding job. I was frankly floored when I arrived at the stadium to see just how good it looked and received overwhelmingly positive feedback regarding that from everything to the, you know how the stadium looks right now to the concessions and we actually, I don’t know exactly how much yet, but we, the city did net for the first time in some time, some profit off an event at Thurman Munson so I think that’s a step in the right direction. I also wanted to thank Council for, there have been Council Members who’ve been involved in trying to help boost that stadium and it was a real success and hopefully a step in the right direction. Thank you. PRESIDENT SCHULMAN: Member Prater what time were those meetings again on July 12th. MEMBER PRATER: 6:45. PRESIDENT SCHULMAN: 6:45, thank you very much. Any other Miscellaneous Business? I’d, if you don’t mind I’d like to, I know it’s late and I don’t want to spend a lot of time but I do want the public and Members of Council and the administration and the record to know that for the last month or so I think a number of us, including myself certainly have been highly critical of Medline in the way I perceived it conducted it’s business in regard to the construction of its facility, not using local labor. I had an opportunity today to speak to Mr. Bill Abrams from Medline and I spent an hour on the phone with him discussing Medline’s concern about the public reaction. His concern about the political reaction from Members of Council including myself and I listened very carefully to what he had to say. There is a rally that’s going to occur, that’s been sponsored by the trade unions in our local community for next Thursday, July 1st from 9:00 to noon which is going to be held very close to the Mills Park and the Medline facility. I listened to Mr. Abrams explain Medline’s position. I listened to him COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -436- MINUTES OF THE MEETING JUNE 21, 2010 explain his business. Obviously they’re justifiably proud of what they’ve accomplished. It is a private company. It is a major national company and he indicated that some of the things Medline has done for example have been, when Hurricane Katrina struck the Louisiana coast and the south, Medline was there to ferry by helicopter people that were in desperate need of medical attention. He also indicated that in New York City, Mt. Sinai Hospital had a major fire and needed medical supplies on an emergent basis, Medline was there to respond to that crisis and that has been the mission and the operation of this company throughout its entire history. I told Mr. Abrams that I certainly didn’t want him to take away from any of the remarks that we have made as a Council or I have made personally. This concept that they are not welcome in our community. They are, and I think we would all concur, more than welcome and we greet them with open arms. Jobs in today’s world are hard to come by. Good jobs in today’s world are even harder to come by. Medline has made a commitment to this community and I believe Mr. Abrams when he says that whatever community they go into, they are committed to community service as well as conducting their business on a profitable basis which we would expect all companies to try to follow. So in talking to my labor friends, who I call some of my best friends, I understand that there is great concern about the suffering, the monumental suffering that they’re going through as human beings without work for 12, 16, 24 months. I said I can’t image myself frankly having the courage or the strength to carry myself through for that amount of time without a job and these are men and women who want to work and it just breaks, I know all of our hearts to see anyone who wants to work to be unemployed in the United States but particularly in our local area. I know that the local labor and local families and local workers do not want to send the message to Medline that they are not welcome in this community. They are welcome in our community. We respect the fact that they have decided to make at least our community home to part of their business and to provide good jobs and benefits to our local citizenry, so I wanted that to be clear to the public. I wanted to be clear to Members of Council and the administration and I wanted to be honest and direct with Mr. Abrams and to follow through on what I said I would do which is to say in some sense I apologize for not having the total information that I should have had before I somewhat took off on Medline and the way it’s conducted itself to date. However, there are companies in our area which should receive some of our scolding and some of our anger and those will certainly be identified. But I believe that the rally that the local trades are going to put on next Thursday is a rally designed basically to say “We need local jobs for local workers”. That is the goal. That is the theme of this particular demonstration and rally and it is not in any sense having talked to the leaders of the rally, it’s not in any sense to send a message to Medline that they are not welcome in our community. They are absolutely welcome in our community and we appreciate the fact that they have chosen our community to make their home here in part and conduct their business and to hire our local families. So with that Leader anything else? MEMBER DOUGHERTY: Mr. President, I move we adjourn. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -437- MINUTES OF THE MEETING JUNE 21, 2010 PRESIDENT SCHULMAN: Meeting is adjourned. Thank you ladies and gentlemen. I’m sorry it was such a tedious meeting. (Gavel falls) ADJOURNMENT TIME: 8:54 PM ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT